Chương 4 Pháp lệnh 23/2004/PL-UBTVQH11: Quan hệ phân công và phối hợp trong hoạt động điều tra

Chapter IV

RELATIONSHIP OF ASSIGNMENT AND COORDINATION IN INVESTIGATING ACTIVITIES

Article 26.- Relationships between investigating agencies, agencies tasked to conduct a number of investigating activities

1. The relations among investigating agencies, between investigating agencies and the agencies tasked to conduct a number of investigating activities or among agencies tasked to conduct a number of investigating activities are the relations of assignment and coordination in investigating activities.

The written requests of investigating agencies must be strictly implemented by agencies tasked to conduct a number of investigating activities.

2. For cases showing criminal signs, where the investigating competence is not yet identified, the investigating agencies which detect them first shall have to promptly apply the investigating measures under the provisions of the Criminal Procedure Code; when the investigating competence is identified, the cases shall be transferred to the competent investigating agencies as provided for by the Criminal Procedure Code.

3. Agencies tasked to conduct a number of investigating activities, after instituting the cases and applying the preventive measures according to their competence, must immediately send such decisions to the procuracies and notify the competent investigating agencies thereof.

4. The people's police, people's security or military police units shall have to provide supports and act upon requests of the heads, deputy-heads of investigating agencies, inspectors and the heads or deputy-heads of the agencies tasked to conduct a number of investigating activities in the investigating activities.

Article 27.- Investigation entrustment

When necessary, an investigating agency may entrust another investigating agency to conduct a number of investigating activities. An entrustment decision must clearly state the specific requirements. The entrusted investigating agency has the responsibility to fully perform the entrusted tasks within the time limit requested by the entrusting investigating agency.

In cases where the entrusted investigating agency cannot perform any or all of the entrusted tasks, they must immediately notify such in writing to the entrusting investigating agency and clearly state the reasons therefor.

Article 28.- Settlement of disputes over investigating competence

1. When there appear disputes over the investigating competence among the investigating agencies, the heads of the procuracies of the same level of the localities where the crimes are committed or where the crimes are detected shall decide.

2. When there appear disputes over the investigating competence among the Border Guard, the Customs, the Ranger, the Coast Guard, the heads of the competent procuracies of the localities where the cases occur shall decide.

In case of necessity, the competent investigating agencies shall have the right to request the agencies tasked to conduct a number of investigating activities to transfer the case files for their direct investigations. The investigating agencies' requests are binding on the agencies tasked to conduct a number of investigating activities.