If there is information reporting that mails and sent goods contain narcotics, can authorities check them?
- If there is information reporting that mails and sent goods contain narcotics, can authorities check them?
- Who have the competence to make decisions on opening and checking mails and sent goods for the purpose of detecting drug-related crimes?
- What are order and procedures for opening and checking mails or sent goods?
If there is information reporting that mails and sent goods contain narcotics, can authorities check them?
Pursuant to Clause 4.1 and 4.2 Article 4 Section I of Joint Circular 01/2006/TTLT-BCA-BBCVT of Vietnam:
"4. In this Circular, the terms below shall be construed as follows:
4.1. Mails mean items and packages which are sent via public postal networks.
4.2. Sent goods mean letters and goods packages which are sent via courier networks.”
Pursuant to Article 1 Section II of Joint Circular 01/2006/TTLT-BCA-BBCVT of Vietnam on guiding the opening and checking of mails and goods packages for the purpose of detecting drug-related crimes:
Decisions on the opening and checking of mails and sent goods shall be issued only when there are the following pieces of information or documents reporting that mails and sent goods contain narcotics, pre-substances, habit-forming substances or psychotropics:
- Documents found through investigation of drug-related cases or other cases.
- Information or documents obtained from activities of service-providing enterprises.
- Information reporting drug-related crimes.
According to the above regulations, if there is information reporting drug-related crimes, namely mails and sent goods contain narcotics, authorities can open and check mails and sent goods in accordance with the law of Vietnam.
If there is information reporting that mails and sent goods contain narcotics, can authorities check them?
Who have the competence to make decisions on opening and checking mails and sent goods for the purpose of detecting drug-related crimes?
Pursuant to Article 2 Section II of Joint Circular 01/2006/TTLT-BCA-BBCVT of Vietnam, the competence to make decisions on opening and checking mails and sent goods belongs to the following organizations and individuals:
- The director or deputy directors of the Police Department for Investigation of Drug-Related Crimes under the Public Security Ministry of Vietnam.
- Heads or deputy heads of Police Sections for Investigation of Drug-Related Crimes or other Investigation Police Sections functioning to investigate drug-related crimes (in localities where Police Sections for Investigation of Drug-Related Crimes have not yet been set up) under provincial-level Police agencies).
- Chiefs or deputy chiefs of district-level police offices in charge of investigation police.
What are order and procedures for opening and checking mails or sent goods?
Pursuant to Article 1, 2, 3, 4, 5, and 6 Section III of Joint Circular 01/2006/TTLT-BCA-BBCVT of Vietnam on order and procedures for opening and checking mails or sent goods:
(1) Opening mails or sent goods
When having decisions on the opening and checking of mails or sent goods, enterprises shall immediately assign at least two employees to open mails or sent goods to the witness of officers of specialized police agencies. Where mails or sent goods are in many packages, to open only those packages which are requested to be opened by officers of specialized police agencies.
(2) Checking of mails or sent goods
Mails or sent goods shall be checked by at least two officers of specialized police agencies to the witness of enterprises' employees.
(3) Places for opening and checking mails or sent goods
- Mails or sent goods may be opened and checked only at original post offices, delivery post offices, original transaction establishments or delivery transaction establishments.
- In case of emergency, in order to stop mails or sent goods containing narcotics, pre-substances, habit-forming substances or pshycotropics in the course of delivery, mails or sent goods shall be opened and checked at the nearest post office. Sent goods shall be opened and checked at the nearest transaction establishment or office of the police or the People's Committee of commune, ward or township (hereinafter referred to as commune-level).
(4) Witnessing the opening and checking of mails or sent goods
Apart from the persons defined in Sections 1 and 2, Part III of this Circular, the opening and checking of mails or sent goods shall also be witnessed by one of the persons defined at Point 4.1 or 4.2 below:
- In case of opening and checking at original post offices, delivery post offices, nearest post offices, original transaction establishments, delivery transaction establishments or nearest transaction establishments:
+ Heads of post offices or their authorized persons.
+ Heads of transaction establishments or their authorized persons.
+ Heads of enterprises or their authorized persons.
- In case of opening and checking at nearest offices of police agencies or offices of commune-level People's Committees: representatives of police agencies or representatives of commune-level People's Committees of places where sent goods are opened and checked.
(5) Records on the opening and checking of mails or sent goods
- The opening and checking of mails and sent goods must be recorded in writing according to a set form.
- Procedures for making and signing records: + Where opening, checking and witnessing persons agree with the content of the record, they shall all sign at the bottom of the record and sign for certification on each page thereof. In case of disagreeing with the content of the record, the disagreeing persons shall write by themselves their opinions on the record, sign, and write their full names.
+ An opening and checking record shall be made in three copies, one of them to be kept by specialized public security agencies, one by enterprises, and the last to be sent as a notification by enterprises to senders or recipients if such notification does not cause difficulties to the investigation and is consented in writing by specialized police agencies. In case of non-notification, enterprises shall keep such copy. (6) Post-opening and -checking disposal
- Disposal of articles which are suspected of being narcotics, pre-substances, habit-forming substances or psychotropics
+ After opening and checking mails or sent goods, if detecting articles suspected of being narcotics, pre-substances, habit-forming substances or psychotropics, enterprises' employees must separate such articles from others in the mails or sent goods, while officers of specialized police agencies take samples thereof for assessment. Such sampling must be written in the records on the opening and checking of mails or sent goods, with the specifications, quantity or volume of taken samples explicitly indicated.
+ Enterprises' employees shall have to pack up, seal and preserve substances suspected of being narcotics, pre-substances, habit-forming substances or psychotropics. On the seals there must be the signatures and full names of all persons who have conducted and witnessed the opening and inspection of mails or sent goods.
+ Pending assessment conclusions, articles suspected of being narcotics, pre-substances, habit-forming substances or psychotropics must be suspended from delivery. The assessment duration shall be no more than 7 working days from the time of sampling. In special cases where the above-said duration needs to be extended, the general director or a deputy general director of the General Department of Police or directors or deputy directors of provincial-level police agencies shall send documents thereon to directors of provincial-level Post Departments, directors of regional Post Centers or heads of delivery enterprises.
+ If the assessment concludes that articles are narcotics, pre-substances, habit-forming substances or psychotropics, competent persons defined in Section 2, Part II of this Circular shall issue decisions on confiscation or temporary seizure of such articles.
+ If the assessment concludes that articles are not narcotics, pre-substances, habit-forming substances or psychotropics, competent persons defined in Section 2, Part II of this Circular shall immediately make written notices thereon so that enterprises can continue delivering such articles.
- Disposal of other objects in mails and sent goods:
+ For other objects in mails and sent goods, which are not subject to confiscation or temporary seizure, enterprises shall have to pack or wrap them up, ensuring their original conditions and continue delivering them, except the case mentioned at Point c of this Item.
+ If the continued delivery of such objects would cause difficulties to the investigation of the cases, competent persons defined at Points 2.1 and 2.2, Section 2, Part II of this Circular may request in writing enterprises to suspend the delivery. The duration of suspension of delivery of mails and sent goods shall be no more than 7 working days after such written request is signed.
In special cases where the above-said duration needs to be extended for keeping confidential the cases, the general director of the General Department of Police or directors of provincial-level police agencies shall send documents thereon to directors of provincial-level Post Departments, directors of regional Post Centers or heads of delivery enterprises.
+ If detecting that objects or documents are material evidences of the cases or related to other crimes, or are subject to storage or circulation ban, competent persons defined in Section 2, Part II of this Circular shall issue decisions on confiscation or temporary seizure thereof. Responsible officers of specialized police agencies shall confiscate or temporarily seize the objects and transfer them to competent agencies for disposal according to the provisions of law.
- Confiscation and temporary seizure procedures:
+ Officers of specialized police agencies and enterprises' employees shall implement confiscation or temporary seizure decisions. The confiscation or temporary seizure must be recorded in writing according to a set form and to the witness of any of the persons defined in Section 4, Part III of this Circular.
+ Where persons conducting and witnessing the confiscation or temporary seizure agree with the content of the record, they shall all sign at the bottom of the record and sign for certification on each page thereof. Those who disagree with the content of the record shall write by themselves their opinions on the record, sign, and write their full names.
+ A confiscation or temporary seizure record shall be made in three copies, one of them to be kept by specialized police agencies, one to be kept by enterprises, and the last one to be sent as a notification by enterprises to senders or recipients if such notification will not cause any difficulties to the investigation and is consented in writing by specialized police agencies. In case of non-notification, enterprises shall keep such copy.
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