What are the tasks and powers of the Investigating Security Office of the Ministry of Public Security of Vietnam?
What are the tasks and powers of the Investigating Security Office of Ministry of Public Security of Vietnam?
According to the provisions of Article 16 of the 2015 Law on Organization of Criminal Investigation Bodies in Vietnam on the tasks and powers of the Investigating Security Office of Ministry of Public Security as follows:
- To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, and propose the institution of criminal cases; to classify and directly handle denunciations and reports on crimes, and propose the institution of criminal cases, which fall under its jurisdiction or promptly transfer them to competent bodies for settlement.
- To conduct the criminal investigation into particularly serious or complicated crimes involving more than one province or centrally run city or foreigner, which fall under the investigating jurisdiction of the investigating security offices of the provincial-level Public Security Departments defined in Clause 2, Article 17 of the 2015 Law on Organization of Criminal Investigation Bodies in Vietnam if deeming it necessary to directly conduct the investigation; particularly serious cases falling under the investigating jurisdiction of the investigating security offices of the People’s Public Security, which are abrogated by the Judicial Council of the Supreme People’s Court for re-investigation.
- To guide and direct the investigating operation and examine the law observance and professional operation in investigating and crime-handling activities of the investigating security offices of the provincial-level Public Security Departments; to guide offices of the People’s Security forces of the People’s Public Security, which are tasked to conduct a number of investigating activities, in doing so.
- To propose concerned agencies and organizations to apply measures to redress the causes of, and conditions giving rise to, crimes.
- To organize preliminary and final reviews of receipt and handling of denunciations and reports on crimes and proposal on institution of criminal cases and crime investigation and handling within the ambit of tasks and powers of the Investigating Security Office of the People’s Public Security.
- To settle complaints and denunciations in accordance with the Criminal Procedure Code.
What are the tasks and powers of the Investigating Security Office of the Ministry of Public Security of Vietnam?
What are the tasks and powers of the investigating security offices of the provincial-level Public Security Departments?
Pursuant to Article 17 of the 2015 Law on Organization of Criminal Investigation Bodies in Vietnam stipulating as follows:
Tasks and powers of the investigating security offices of the provincial-level Public Security Departments
1. To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, and propose the institution of criminal cases; to classify and directly handle denunciations and reports on crimes and propose the institution of criminal cases, which fall under their respective jurisdiction or promptly transfer them to competent bodies for settlement.
2. To conduct criminal investigation into the crimes prescribed in Chapter XIII, Chapter XXVI and the crimes prescribed in Articles 207, 208, 282, 283, 284, 299, 300, 303, 304, 305, 309, 337, 338, 347, 348, 349 and 350 of the Penal Code, when those crimes fall under the adjudicating jurisdiction of the people’s courts; to conduct criminal investigation into other crimes infringing upon national security or for assurance of objective investigation as assigned by the Minister of Public Security.
3. To guide the offices of the People’s Security forces of the provincial-level Public Security Departments, which are tasked to conduct a number of investigating activities, in conducting such activities.
4. To propose concerned agencies and organizations to apply measures to address causes of, and conditions giving rise to, crimes.
5. To organize preliminary and final reviews of the receipt and handling of denunciations and reports on crimes and proposal on the institution of criminal cases, and the crime investigation and handling activities of the People's Security forces of the provincial-level Public Security Departments and report thereon to the head of the Investigating Security Office of the Ministry of Public Security.
6. To settle complaints and denunciations in accordance with the Criminal Procedure Code.
Thus, the investigating security offices of the provincial-level Public Security Departments have the tasks and powers according to the above provisions.
What acts are prohibited in investigating activities?
Pursuant to Article 14 of the 2015 Law on Organization of Criminal Investigation Bodies in Vietnam stipulating the prohibited acts in investigating activities as follows:
- Falsifying case files; conducting criminal liability examination against persons who do not commit criminal acts; failing to conduct penal liability examination against persons who commit criminal acts which are subject to criminal liability examination; issuing decisions in contravention of law; forcing other persons to act against the law; disclosing case investigation secrets; illegally intervening into the criminal investigation.
- Forcing persons to give testimonies, applying corporal punishment and forms of torture or barbarous and inhuman treatment, penalties or humiliation or any acts infringing upon the legitimate rights and interests of agencies, organizations and individuals.
- Preventing arrestees, persons held in custody or the accused from exercising their right to self-defense, asking lawyers or other persons to defend them or render legal aid; from filing complaints or denunciations; or from receiving compensations for material and spiritual damage or getting honor rehabilitation.
- Preventing defense counsels or legal aid providers from making the defense or providing legal aid in accordance with law.
- Opposing, hindering or organizing, inducing, inciting or forcing others to oppose or hinder criminal investigation activities; infringing upon the lives, health, honor, dignity and property of official-duty performers in criminal investigation.
Nguyễn Thị Hồng Nhung
