Does the Ministry of Public Security has the authority to investigate offences against regulations on the management and use of State-owned property that lead to losses or wastefulness in Vietnam?

Does the Ministry of Public Security has the authority to investigate offences against regulations on the management and use of State-owned property that lead to losses or wastefulness in Vietnam?

At Point c Clause 5 Article 163 of the 2015 Criminal Procedure Code, it is stipulated:

5. The hierarchy of investigation is composed of:

c) Investigation authorities of the Ministry of Public Security or Ministry of Defense shall conduct criminal investigations into severe felonies, which were dismissed by orders of the judges' panel of the Supreme People’s Court for re-investigation. Moreover, such authorities, if their direct involvement is deemed imperative, shall conduct criminal investigations into severe and complex felonies involving several provinces and centrally-affiliated cities or many countries.

At Clause 3 Article 219 of the 2015 Criminal Code, Point l Clause 2 Article 2 of the 2017 Law on Amending Criminal Code stipulates offences against regulations on the management and use of State-owned property that lead to losses or wastefulness.

3. If the loss caused by the offence is assessed at from ≥ VND 1,000,000,000, the offender shall face a penalty of 10 - 20 years' imprisonment.

Clause 2 Article 1 of the 2017 Law on Amending Criminal Code stipulates:

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

Based on current regulations, if committing offences against regulations on the management and use of State-owned property that lead to losses or wastefulness of 1,000,000,000 VND or more involving many centrally-run provinces and cities, it falls under the investigative authority of the Ministry of Public Security.

Does the Ministry of Public Security has the authority to investigate offences against regulations on the management and use of State-owned property that lead to losses or wastefulness in Vietnam? (Image from the Internet)

What are regulations on mandate of investigation in Vietnam?

Article 171 of the 2015 Criminal Procedure Code stipulates mandate of investigation as follows:

1. An investigation authority shall mandate another investigation authority, if deemed necessary, to conduct certain investigations. The decision to mandate investigation must specify requests and be sent to the investigation authority mandated and its equivalent Procuracy.

2. The investigation authority mandated must fulfill every task mandated in a period set by the mandating investigation authority and shall be held liable for the results of the former's implementation of the mandate. The authority mandated, if failing the assignments, shall promptly inform in writing the mandating investigation authority of reasons of such failure.

3. The procuracy at equivalent level of the investigation authority mandated shall be held responsible for exercising prosecution rights and administer the mandated authority's investigative activities and for reporting the results of such tasks to The procuracy mandating the enforcement of prosecution rights and administration of investigations.

Best Regards!