Functions and tasks of the Drug-Related Crime Investigating Department in Vietnam

Hello, Lawnet would like to answer as follows:

1. Which agency does the Drug-Related Crime Investigating Department belong to in Vietnam?

According to the provisions of Article 18 of the Law on Organization of Criminal Investigation Agencies 2015, the organizational structure of the Police Investigation Agency is as follows:

- The organizational apparatus of the Investigating Police Office of the Ministry of Public Security is composed of:

+ Its office;

+ The Social Order-Related Crime Investigating Police Department (called Criminal Police Department for short);

+ The Corruption, Economy and Position-Related Crime Investigating Police Department;

+ The Drug-Related Crime Investigating Department

+ The Police Department for Investigation of Crimes related to Smuggling, Illegal Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights (called the Smuggling-Related Crime Investigating Police Department for short).

- The organizational apparatus of an investigating police office of a provincial-level Public Security Department is composed of:

+ Its office;

+ The Social Order-Related Crime Investigating Police Section (called Criminal Police Section for short);

+ The Corruption, Economy and Position-Related Crime Investigating Police Section;

+ The Drug-Related Crime Investigating Section;

+ The Police Section for Investigation of Crimes related to Smuggling, Illegal Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights (called the Smuggling-Related Crime Investigating Police Section for short).

- The organizational apparatus of an investigating police office of a district-level Public Security Section is composed of:

+ The General Investigation Team;

+ The Social Order-Related Crime Investigating Police Team (called Criminal Police Team for short);

+ The Economy and Position-Related Crime Investigating Police Team;

+ The Drug-Related Crime Investigating Police Team.

Thus, the Drug-Related Crime Investigating Department is a unit under the Investigating Police Office of the Ministry of Public Security.

In addition, at the Provincial and District Police levels, there are also affiliated Drug-Related Crime Investigating units, including the Drug-Related Crime Investigating Division (provincial level) and the Drug-Related Crime Investigating Team (district level).

2. Functions and tasks of the Drug-Related Crime Investigating Department in Vietnam

According to the provisions of Article 19 of the Law on Organization of Criminal Investigation Agencies 2015, the tasks and powers of the Investigating Police Office of the Ministry of Public Security are 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 handle denunciations and reports on crimes and propose the institution of criminal cases, which fall under its settling jurisdiction or immediately transfer them to competent bodies for settlement.

- To conduct investigation into criminal cases falling under the investigating jurisdiction of the investigating police offices of the provincial-level Public Security Departments, regarding particularly serious and complicated crimes occurring in many provinces and centrally run cities or trans-national organized crimes, if deeming it necessary to directly conduct the investigation; particularly serious cases falling under the investigating jurisdiction of the investigating police offices, 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 receipt and handling of denunciations and reports on crimes, proposing the institution of criminal cases and crime investigation and handling activities of the investigating police offices of the provincial-level Public Security Departments and district-level Public Security Sections; to guide offices of the People’s Police forces, which are tasked to conduct a number of investigating activities in conducting such activities.

- 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, proposal on the institution of criminal cases and crime investigation and handling activities falling within the tasks and powers of the investigating police offices of the People’s Public Security.

- To settle complaints and denunciations in accordance with the Criminal Procedure Code.

In addition, according to information posted on the website of the Police Department of Drug Crime Investigation (https://pcmatuy.bocongan.gov.vn/Gi%E1%BB%9Bi-thi%E1 %BB%87u/Ch%E1%BB%A9c-n%C4%83ng-nhi%E1%BB%87m-v%E1%BB%A5) about the position, functions, tasks, and organizational structure of The police force investigates drug crimes as follows:

To have a specialized force to improve the effectiveness of preventing and fighting drug crimes, on March 12, 1997, the Minister of Home Affairs (now the Ministry of Public Security) issued a Decision to establish the Drug-Related Crime Investigating Department (C04).

The Drug-Related Crime Investigating Department is a unit under the Police Investigation Agency of the Ministry of Public Security, and is responsible for:

- Help the Minister of Public Security advise the Party and State on guidelines, guidelines, policies and laws on preventing and fighting drug-related crimes;

- Advise and assist the Minister and Head of the Police Investigation Agency of the Ministry of Public Security to guide and direct the Police force investigating drug-related crimes throughout the country to carry out professional measures to prevent and detect , investigate and handle all types of drug crimes;

- Directly investigate these

drug crime cases and organize the pursuit and search work according to the provisions of law and the Minister. Advise the Minister of Public Security to monitor and control legal activities related to drugs and carry out foreign affairs and international cooperation on drug prevention and combat according to regulations.

The organizational structure of the Drug Crime Investigation Police Department includes Division-level units. Police forces investigating drug-related crimes Local police throughout the country are located at the Drug Crime Investigation Police Department of the Provincial Police and the Drug Crime Investigation Police Team or the Police Team investigating economic and drug crimes at a school under the district police.

Thus, the functions and tasks of the Drug Crime Investigation Police Department are as follows:

- The Drug Crime Investigation Police Department belongs to the Police Investigation Agency of the Ministry of Public Security and is responsible for advising and assisting the Minister of Public Security in directing the police force to investigate drug crimes throughout the country.

- Directly investigate particularly serious and complicated drug cases; organize and search for drug offenders.

- Guide and direct drug crime investigation operations for local police.

- Carry out international coordination on drug prevention.

Best regards!

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