Chapter V
CRITERIA, PROCEDURES FOR APPOINTMENT, REMOVAL FROM DUTY OF INVESTIGATORS
Article 29.- Investigators
Investigators are persons appointed under law provisions to perform the tasks of investigating criminal cases.
Article 30.- Criteria of investigators
1. Vietnamese citizens who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good virtues, are non-corrupted and honest, have security university, policy university or law university degree, investigating operation certificates, have the practical work duration prescribed by this Ordinance, have good health to ensure the performance of assigned tasks can be appointed to be investigators.
In cases where due to operation demands, persons having university degrees in other disciplines, satisfying the above criteria and possessing investigating operation certificates may also be appointed to be investigators.
2. The investigators are classified into three grades, being elementary investigators, intermediate investigators and senior investigators:
a) Those who satisfy the criteria prescribed in Clause 1 of this Article, have been engaged in law-related work for four years or more, are police officers or army officers in active service, people’s procuracy officials, capable of investigating cases involving less serious or serious offenses can be appointed to be elementary investigators;
b) Those who satisfy the criteria prescribed in Clause 1 of this Article, have worked as elementary investigators for at least five years, are capable of investigating cases involving very serious or exceptionally serious offenses and capable of guiding investigating activities of elementary investigators can be appointed to be intermediate investigators.
In case of personnel demands, the persons who satisfy the criteria prescribed in Clause 1 of this Article, have been engaged in law-related work for nine years or more, are capable of investigating cases involving very serious or exceptionally serious offenses and capable of guiding investigating activities of elementary investigators can be appointed to be intermediate investigators;
c) Those who satisfy the criteria prescribed in Clause 1 of this Article, have worked as intermediate investigators for at least five years, are capable of studying, synthesizing and proposing anti-crime measures, capable of investigating cases involving very serious, exceptionally serious, complicated offenses, capable of guiding investigating activities of elementary investigators and intermediate investigators can be appointed to be senior investigators.
In case of personnel demands, the persons who satisfy the criteria prescribed in Clause 1 of this Article, have been engaged in law-related work for fourteen years of more, are capable of studying, synthesizing and proposing anti-crime measures, capable of investigating cases involving very serious, exceptionally serious, complicated offenses, capable of guiding investigating activities of elementary investigators and intermediate investigators can be appointed to be senior investigators.
3. In special cases, the persons who are seconded by competent agencies or organizations to work at investigating agencies, though having not yet possessed the investigating operation certificates and having not yet got enough the time prescribed at Point b or Point c, Clause 2 of this Article, and satisfy all other criteria prescribed in Clause 1, Point b or Point c of Clause 2 of this Article can also be appointed to be intermediate investigators or senior investigators.
4. The investigators' term of office is five years counting from the date of their appointment.
Article 31.- Investigator selection councils
1. The councils for selection of senior investigators, intermediate investigators and elementary investigators in the People's Police:
a) The council for selection of senior investigators in the People's Police and intermediate investigators and elementary investigators in the investigating agencies of the Ministry of Public Security is composed of the general director of the General Department for Building the People's Police Force as its chairman, leading officials of the investigating police agency, the investigating security agency, the Organization and Personnel Department and the Legal Department of the Ministry of Public Security as its members.
b) The council for selection of intermediate investigators, elementary investigators in the investigating agencies of the provincial-level Police Departments and the investigating police agencies of the district-level Police Sections is composed of the director of the provincial-level Police Department as its chairman, the representatives of the leaderships of the investigating police agencies, the investigating security agencies, the organization and personnel section and the office of the provincial-level Police Department as its members;
c) The lists of members of the councils for selection of investigators in the People's Police shall be decided by the Minister of Public Security at the proposal of the council chairmen.
2. The council for selection of investigators in the People's Army is composed of the director of the General Political Department as its chairman, the representatives of the leaderships of the Criminal Investigation Agency, the Investigating Security Agency, the Personnel Department and the Legal Department of the Defense Ministry as its members.
The list of members of the council for selection of investigators in the People's Army shall be decided by the Defense Minister at the proposal of the selection council chairman.
3. The council for selection of investigators at the Supreme People's Procuracy shall be composed of a deputy-chairman of the Supreme People's Procuracy as its chairman, representatives of the Procurators' Committee of the Supreme People's Procuracy, the Central Military Procuracy, the investigating agency and the Organization-Personnel Department of the Supreme People's Procuracy as its members.
The chairman of the Supreme People's Procuracy shall appoint one of his/her deputies to act as chairman of the selection council. The list of members of the council for selection of investigators in the Supreme People's Procurary shall be decided by the chairman of the Supreme People's Procuracy at the proposal of the selection council chairman.
Article 32.- Tasks and powers of the investigator selection councils
The investigator selection councils shall have the following tasks and powers:
1. To select fully qualified persons for acting as investigators at the proposal of the organization-personnel offices so that the council chairmen shall propose the Minister of Public Security, the Defense Minister or the chairman of the Supreme People's Procuracy to appoint them;
2. To examine cases where investigators can be removed from office or dismissed under the provisions in Article 34 of this Ordinance so that the council chairmen shall propose the Minister of Public Security, the Defense Minister, the chairman of the Supreme People's Procuracy to remove from office or dismiss investigators.
Article 33.- Things must not be done by investigators
The investigators must not do the following things:
1. Things which State officials and employees, or people's armed force officers and combatants must not do as provided for by law:
2. Providing consultancy to the accused, defendants, involved parties or other procedure participants, thus making the settlement of cases contrary to law provisions;
3. Illegally interfering in the settlement of cases or abusing their influence to exert impacts on persons responsible for the settlement of the cases.
4. Bringing case files or documents in case files out of the offices if not for the assigned tasks or without the consents of the competent persons;
5. Receiving defendants, the accused, involved parties or other procedure participants in the cases which they have competence to settle, outside the prescribed places.
Article 34.- Appointment, removal from office, dismissal of investigators
1. The appointment, removal from office and dismissal of investigators as well as the grant and withdrawal of investigator's cards in the People's Police shall be decided by the Minister of Public Security, in the People's Army shall be decided by the Defense Minister, in the Supreme People's Procuracy shall be decided by its chairman.
2. Investigators shall be automatically relieved from the investigator's title when they retire or move to other jobs.
Investigators may be relieved from the investigator's title for health reason, family difficulties or other reasons for which they deem unable to fulfill their assigned tasks.
3. Investigators shall automatically lose their investigator's title when they are convicted with effective court judgments or disciplined in form of being deprived of the people's police title, of the people's army officer rank.
4. Depending on the nature and seriousness of their violations, investigators can be deprived of the investigator's title in one of the following cases:
a) Committing violations in investigation of criminal cases;
b) Violating the provisions of Article 33 of this Ordinance;
c) Being disciplined in form of being removed from their current managerial positions according to law provisions on State officials and employees;
d) Violating regulations on moral qualities;
e) Committing other acts of law offense.
Article 35.- Appointment, removal from duty, dismissal of heads, deputy-heads of investigating agencies
1. Senior investigators or intermediate investigators who are capable of organizing and/or directing the investigating activities can be appointed to be heads or deputy-heads of investigating agencies.
2. The appointment, removal from duty and dismissal, as well as the grant and withdrawal of certificates of the heads or deputy heads of investigating agencies in the People's Police shall be decided by the Minister of Public Security, in the People's Army shall be decided by the Defense Minister and in the Supreme People's Procuracy shall be decided by its chairman.
Tìm kiếm
Pháp lệnh 23/2004/PL-UBTVQH11 (Bản Word)