What are the regulatons on presiding authorities and presiding officers in Vietnam? Who is assigned to perform certain investigation activities?
What are the regulatons on presiding authorities and presiding officers in Vietnam?
Under Article 34 of the Criminal Procedure Code 2015:
Presiding authorities and presiding officers
1. Presiding authorities are:
a) Investigation authorities;
b) Procuracy;
c) Courts.
2. Presiding officers are:
a) Heads and vice heads of investigation authorities and investigators and investigation officers;
b) Heads and vice heads of The procuracy, procurators and checkers;
c) Court presidents, Vice court presidents, judges, lay assessors, Court clerks, verifiers.
Presiding authorities include investigating agencies, the People's Procuracy, and courts.
Presiding officers include:
- Heads and vice heads of investigation authorities and investigators and investigation officers;
- Heads and vice heads of The procuracy, procurators and checkers;
- Court presidents, Vice court presidents, judges, lay assessors, Court clerks, verifiers.
What are the regulatons on presiding authorities and presiding officers in Vietnam? Who is assigned to perform certain investigation activities?
What are the authorities assigned to perform certain investigation activities in Vietnam?
Under Clause 1 of Article 35 of the Criminal Procedure Code 2015 as follows:
Authorities and persons assigned to perform certain investigation activities
1. The authorities assigned to perform certain investigation activities are:
a) Border protection force’s units;
b) Customs authorities;
c) Forest ranger’s units;
d) Maritime police force’s units;
dd) Fisheries resources surveillances units;
e) People’s police force’s units assigned to perform certain investigation activities (referred to as units assigned to investigate);
g) Other units in the People’s Army, as assigned to perform certain investigation activities.
Authorities assigned to perform certain investigation activities in this Section are stipulated in the Law on the organization of criminal investigation authorities.
The authorities assigned to perform certain investigation activities in Vietnam include:
- Border protection force’s units;
- Customs authorities;
- Forest ranger’s units;
- Maritime police force’s units;
dd) Fisheries resources surveillances units;
- People’s police force’s units assigned to perform certain investigation activities (referred to as units assigned to investigate);
- Other units in the People’s Army, as assigned to perform certain investigation activities.
Authorities assigned to perform certain investigation activities in this Section are stipulated in the Law on the organization of criminal investigation authorities.
Who is assigned to perform certain investigation activities in Vietnam?
Under Clause 2 of Article 35 of the Criminal Procedure Code 2015:
Authorities and persons assigned to perform certain investigation activities
...
2. The persons assigned to perform certain activities of investigation are:
a) Personnel of the Border protection force, as assigned to performed certain activities of investigation, include heads and vice heads of Border reconnaissance department, Drug and crime department; heads and vice heads of Special service against drug and crime; captains and vice captains of Border protection units in provinces and centrally-affiliated cities; commanding officers and deputies in Border protection posts; commanders and deputies of Border protection units at border gates;
b) Personnel of Customs authorities, as assigned to perform certain activities of investigation, are heads and vice heads of Anti-smuggling and investigation department; heads and vice heads of Post clearance audit department; heads and vice heads of provincial and inter-provincial Departments of customs and those in centrally-affiliated cities; heads and ice heads of Customs departments at border gates;
c) Personnel of Forest ranger, as assigned to perform certain activities of investigation, include heads and vice heads of Forest protection department, heads and vice heads of Forest ranger departments; heads and vice heads of Forest ranger stations;
d) Personnel of Maritime police force, as assigned to perform certain activities of investigation, include commanders, vice commanders, zone commanders and vice zone commanders of Maritime police force; heads and vice heads of Specialized and legal department; heads and vice heads of Special service of drug enforcement; heads and vice heads of Naval battalions, Naval flotilla; captains and deputies of Maritime police force’s special task units;
dd) Personnel of Fisheries resources surveillances, as assigned to perform activities of investigation, include heads and vice heads of Bureau of fisheries resources surveillances, heads and vice heads of zonal Bureaus of fisheries resources surveillances;
e) Personnel of other units of People's Police force, as assigned to perform certain activities of investigation, include directors and vice directors of Fire Police; heads, vice heads, managers and vice managers of People's Police force’s units assigned to investigate; warders and vice warders of prisons according to the Law on the organization of criminal investigation authorities;
g) Personnel of other units of People’s Army, as assigned to perform certain activities of investigation include warders and vice warders of prisons; heads of independent regiment units and similar ones.
h) Investigation officers in the authorities and units as defined in Section 1 of this Article.
Persons assigned to perform certain investigation activities include those mentioned above.
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