What is implementation of transferring files to the Investigation Agency or another competent agency in Vietnam?

What is implementation of transferring files to the Investigation Agency or another competent agency in the specialized inspection of the People’s Public Security Force in Vietnam?

In Article 20 of Circular 128/2021/TT-BCA, there are regulations on transferring files to the Investigation Agency or other agencies with authority in specialized inspection of the People's Public Security Force as follows:

1. During the inspection process or at the end of the inspection, if violations of the inspected subject or other agencies, organizations, units or individuals are detected that show signs of violating the law, the crime does not fall under the law. The inspection team has the authority to handle the inspection team. The head of the inspection team must complete the dossier and report. The inspection decision maker shall make a written request and transfer the dossier and documents to the investigation agency, agency, and person in charge of the inspection with authority to resolve.

2. Within 05 working days from the date of detecting signs of crime, the person who issues the inspection decision shall direct the transfer of the case file to the investigation agency, agency, and person with authority to resolve. The head of the inspection team must carry out procedures to hand over the case file. Minutes of handover of case files and written instructions of the person making the inspection decision must be kept in the inspection file.

What is implementation of transferring files to the Investigation Agency or another competent agency in Vietnam? (Image from the Internet)

What is implementation of extension of inspection deadlines in specialized inspections of the People's Public Security Force in Vietnam?

In Article 21 of Circular 128/2021/TT-BCA, there are regulations on extending inspection deadlines in specialized inspections of the People's Public Security force as follows:

1. Extension of the inspection deadline is carried out in the following cases:

a) Complex, especially complex inspections, involving many fields, agencies, units, and areas;

b) It is necessary to seek professional opinions from agencies, organizations, units, and individuals or to solicit expertise on contents related to the inspection;

c) It is necessary to verify and clarify cases involving foreign elements within the content and scope of inspection;

d) When the subject of inspection, relevant agencies, organizations, units, and individuals do not cooperate, obstruct, oppose, causing difficulties for inspection activities and affecting the inspection deadline.

2. The extension of the inspection deadline is considered and decided by the person who makes the inspection decision. The extension of the inspection deadline must not exceed the time limit specified in Article 16 of Decree 07/2012/ND-CP dated February 9, 2012 regulating agencies assigned to perform specialized inspection functions and activities. Specialized inspection activities, Article 38 of Decree 41/2014/ND-CP dated May 13, 2014 regulating the organization and inspection activities of the People's Public Security Force (amended and supplemented by Decree 25/2021/ND-CP March 24, 2021). In case due to force majeure events the inspection cannot continue, the person making the inspection decision shall consider and decide to suspend the inspection. The period of suspension of the inspection will not be included in the time limit. 

3. The head of the inspection team shall send a written request to extend the inspection deadline to the person making the inspection decision. The proposal document includes the following contents:

a) Time and location;

b) Legal basis for the extension;

c) Reason for extension;

d) Extension period;

d) Subjects of extension.

4. The decision to extend the inspection deadline is made according to Form No. 25 issued together with Circular 54/2017/TT-BCA dated November 15, 2017 of the Ministry of Public Security amending and supplementing Article 1 of Circular No. 60/2014/TT-BCA dated November 18, 2014 regulates forms used in inspection activities, resolving complaints and denunciations and receiving citizens of the People's Public Security Force.

5. The decision to extend the inspection deadline is sent to the Inspection Team, inspection subjects and relevant agencies, organizations, units and individuals.

Best regards!