What are law regulations on exercising the right to prosecute and supervise search, seizure and custody of documents and objects in Vietnam?

What are law regulations on exercising the right to prosecute and supervise search, seizure and custody of documents and objects in Vietnam?

In Article 54 of the Regulation on the exercise of the right to prosecute, supervise the investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercising the right to prosecute and supervise search, seizure and custody of documents and objects are prescribed as follows:

1. Procurators must closely supervise the grounds, conditions, competence and procedures for searching, seizing and temporarily seizing documents and objects as prescribed in Chapter XIII of the Criminal Procedure Code.

2. Procurators study dossiers of request for approval of search warrants on people, residences, workplaces, locations and vehicles; orders to seize letters, telegrams, parcels, postal items, electronic means, electronic data at agencies, organizations, reports, proposals to leaders of units, leaders of Institutes to issue decisions on ratification or does not approve search warrants or arrest warrants issued by competent investigating agencies.

3. When receiving a notice from the investigating authority about the time and location of the search, the procurator shall proactively coordinate with the investigator and investigating officer in agreeing on a plan to search and maintain the search. ensure that the search complies with the provisions of Articles 194, 195 and 198 of the Criminal Procedure Code .

During the search, the procurator shall supervise the participants, the order and procedures for implementation; the seizure, sealing and preservation of means, documents and objects (if any); making records of search and custody; promptly detect violations to request termination and remedy; when necessary, make a verbal inquiry request; record the necessary content; sign the minutes of search and custody according to regulations. At the end of the search and seizure, the procurator shall actively coordinate with investigators and investigating officers, evaluate and use the results of the search and custody to serve the case settlement.

4. Procurators must directly supervise the search. In case the Procurator does not directly supervise the search, it must obtain the consent of the leader of the unit or the Institute, and at the same time notify the investigator and the investigating officer clearly in the record of the search. Procurators must request investigators and investigative officers to provide search records, custody records and relevant documents for inspection. If a violation is detected, the procurator shall, depending on the case, report and propose to the leader of the unit or the leader of the Institute to issue a written request for remedial action.

5. In case of an urgent search as prescribed in Clause 2, Article 193 of the Criminal Procedure Code , immediately after receiving a written notice from the person who ordered the search, the procurator must examine the order and documents. relevant to test the validity and legitimacy of an emergency search. If a violation is detected, it should promptly report and propose to the leader of the unit, the leader of the Institute to request immediate remedial action.

6. In case of seizure of letters, telegrams, parcels and postal items as prescribed in Clause 2, Article 197 of the Criminal Procedure Code , but then the procuracies do not approve the seizure orders, the procurators must inspect them. the return of letters, telegrams, parcels and parcels to postal and telecommunications agencies and organizations, and the notification to the persons whose letters, telegrams, parcels and parcels are seized. If a violation is detected, it should promptly report and propose to the leader of the unit, the leader of the Institute to request immediate remedial action.

7. In the course of exercising the right to prosecute and supervise the search, seizure and seizure of documents and objects, the procurator must closely supervise the seizure, sealing, preservation and handling of material evidences. according to the provisions of Articles 90, 106 and 199 of the Criminal Procedure Code.

What is exercising the right to prosecute and supervise the entrustment of investigation in Vietnam?

In Article 55 of the Regulation on the exercise of the right to prosecute, supervise the investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercising the right to prosecute and supervise the entrustment of investigation as follows:

When receiving the decision on entrustment of investigation and deems that the entrusted investigation activities are complicated and lengthy, the procuracies of the same level as the entrusted investigating bodies must assign procurators to exercise the right to prosecute. supervise the investigative activities of the entrusted investigative agency. Upon the completion of the entrusted investigation, the procuracies of the same level as the entrusting investigating bodies must immediately transfer the results of the exercise of the right to prosecute and supervise the entrustment of investigation to the procuracies that have entrusted the investigation to exercise the power to prosecute, supervise and investigate.

What is exercising the right to prosecute, supervise the merger or separation of criminal cases for investigation and prosecution; supervise the exercise of investigative competence; dispute settlement over investigative competence in Vietnam? 

In Article 56 of the Regulation on the exercise of the right to prosecute, supervise the investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercising the right to prosecute, supervise the merger or separation of criminal cases for investigation and prosecution; supervise the exercise of investigative competence; dispute settlement over investigative competence shall be settled as follows:

1. Procurators must closely monitor the grounds, conditions, competence, order and procedures for merging and separating criminal cases for investigation according to the provisions of Article 170 of the Criminal Procedure Code .

Immediately after receiving the investigation agency's decision to merge or separate the criminal case, if it is found that there is no basis, the procurator shall report and propose the unit leader or the Institute leader to issue a decision to cancel the decision on merging or separating the criminal case and stating the reasons.

In case there are sufficient grounds and conditions to merge or separate the case for investigation but the investigating agency fails to do so, the procurator shall report and propose the unit leader or the Institute leader to issue a written request. The investigating agency shall issue a decision to merge or separate a criminal case for investigation.

2. During the prosecution stage, the procurator closely examines the grounds, conditions, competence, order and procedures for reporting, and proposes to the unit's leader or the Institute's leader to decide to merge or separate the case according to the provisions of Article 242 of the Criminal Procedure Code.

3. Procurators must closely supervise the exercise of investigative competence by investigative agencies as prescribed in Articles 163 and 164 of the Criminal Procedure Code ; Articles 16, 17, 19, 20, 21, 23, 24, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 of the Law on Organization of Criminal Investigation Agencies .

If it is discovered that the investigation is not within its competence, the procedures for transferring the case shall be carried out for investigation according to the competence specified in Article 57 of this Regulation.

4. When there is a dispute over investigation competence, the settlement shall be as follows:

a) Disputes over investigation competence between investigating agencies of the same level shall be settled by the head of the immediate superior procuracies. Disputes over the investigating competence of agencies assigned to conduct a number of investigative activities shall be settled by the procuracies competent to exercise the right to prosecute and supervise the investigation of the case;

b) Disputes over investigation authority between provincial-level investigating agencies, between military investigating agencies of military zones shall be resolved by the Chief Procurator of the Supreme People's Procuracy and the Chief Procurator of the Central Military Procuracy. decide. Disputes over investigation authority between district-level investigating agencies of different provinces and centrally-run cities, and between regional military investigation agencies of different military zones shall be decided by the Procurator General of the Procuracy. provincial people, the director of the military procuracies of the military zone where the crime is first detected and settled;

c) Disputes over investigation authority between the investigating agency of the People's Public Security, the investigating agency in the People's Army and the investigating agency of the Supreme People's Procuracy shall be decided by the Chief Procurator of the Supreme People's Procuracy.

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