Can investigation agencies in Vietnam record by sound-and-visual secretly during investigation?

Can investigation agencies in Vietnam record by sound-and-visual secretly during investigation?

Pursuant to Article 223 of the Criminal Procedure Code in 2015 stipulating special methods of investigation and proceedings as follows:

After filing charges, authorized procedural persons during the stage of investigation shall be entitled to enforce special methods of investigation and proceedings:

1. Secret recording by sound or sound-and-visual means;

2. Secret phone tapping;

3. Secret collection of electronic data.

Pursuant to Article 224 of the Criminal Procedure Code in 2015 stipulating circumstances for enforcement of special methods of investigation and proceedings as follows:

Special methods of investigation and proceedings shall apply to these circumstances:

1. Breach of national security, drug-related crimes, corruption, terrorism, money laundering;

2. Other organized crimes categorized as extremely severe felonies.

As regulations above, secret recording by sound or sound-and-visual means can only be applied to special investigation.

Who shall have duties and authority to decide and enforce secret recording investigation in Vietnam?

Pursuant to Article 225 of the Criminal Procedure Code in 2015 stipulating duties and authority to decide and enforce special methods of investigation and proceedings as follows:

1. Heads of provincial investigation authorities and military investigation authorities of a military zone or higher level shall decide to enforce special methods of investigation and proceedings on their own discretion or as per requests for heads of provincial People’s Procuracy and Military procuracy of the military zone. If a district investigation authority or local military investigation authority handles the case, the heads of such authorities shall recommend the heads of the provincial investigation authority or military investigation authority of the military zone to consider and enforce such methods.

2. A decision to implement special methods of investigation and proceedings must specify essential information of the subjects for such methods, names of methods, duration, location for enforcement, authorities enforcing special methods of investigation and proceedings and other details as per Section 2, Article 132 of this Law.

3. The decision to implement special methods of investigation and proceedings, before executed, must be approved by the head of the equivalent Procuracy. The head of the investigation authority issuing such decision is responsible for controlling the enforcement of the methods in strict manner and promptly requesting The procuracy to terminate methods deemed unnecessary.

Specialized units of the people’s police force and people’s arm shall be responsible for implementing special methods of investigation and proceedings according to the laws.

4. Heads of investigation authorities, competent procuracies and enforcers of special methods of investigation and proceedings must maintain confidentiality.

What is the time limit for secret recording investigation in Vietnam?

Pursuant to Article 226 of the Criminal Procedure Code in 2015 stipulating the time limit for secret recording investigation in Vietnam as follows:

1. Time limit for a special method of investigation and proceedings shall not exceed 02 months upon the approval by the head of The procuracy. Time limit may be extended in complex circumstances but shall not exceed the time limit for investigation as defined in this Law.

2. The head of the investigation authority issuing the enforcement decision, in at least 10 days prior to the expiration of the time limit for special methods of investigation and proceedings, shall request the head of The procuracy in writing to consider and approve the extension, if deemed essential by the former.

As regulations above, the time limit for secret recording investigation in Vietnam shall not exceed 02 months upon the approval by the head of The procuracy.

Best regards!