Who is an investigator? Criteria for appointment of investigator ranks in Vietnam

Who is an investigator? Criteria for appointment of investigator ranks in Vietnam (Internet image)

1. Who are investigators?

According to Clause 1, Article 45 of the Law on Organization of Criminal Investigation Agencies 2015, investigators are persons appointed to perform the criminal investigation task.

Investigators are divided into the following grades:

- Primary investigators;

- Intermediate investigators;

- Senior investigators.

(Clause 1, Article 45 of the Law on Organization of Criminal Investigation Agencies 2015)

2. General criteria of an investigator in Vietnam

Specifically, in Article 46 of the Law on Organization of Criminal Investigation Agencies 2015, the general criteria of an investigator are specified as follows:

- Being a Vietnamese citizen and loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, possessing good ethical quality, being righteous and honest, having a firm political stuff and spirit of resolutely defending the socialist legislation.

- Possessing a security university, police university, law bachelor or higher degree.

- Having worked in a law-related field in accordance with Law on Organization of Criminal Investigation Agencies 2015.

- Having been professionally trained in investigation.

- Being physically fit for the performance of assigned tasks.

3. Criteria for appointment of investigator ranks in Vietnam

3.1. Criteria for appointment of primary investigators in Vietnam

A person who satisfies the criteria prescribed in Section 2, is an active-service officer of the People’s Public Security or People’s Army or a people’s procuracy and fully meets the following conditions specified in Article 47 of the Law on Organization of Criminal Investigation Agencies 2015 can be appointed as a primary investigator:

- Having worked in a law-related field for 4 years or more;

- Being capable of investigating cases involving less serious or serious crimes;

- Having passed recruitment examinations for the grade of primary investigators.

3.2. Criteria for appointment of intermediate investigators in Vietnam

According to Article 48 of the Law on Organization of Criminal Investigation Agencies 2015, a person who fully satisfies the criteria prescribed in Article 46 of Law on Organization of Criminal Investigation Agencies 2015 and the following conditions can be appointed as an intermediate investigator:

(i) Having worked as a primary investigator for at least 5 years;

(ii) Being capable of investigating cases involving very serious or particularly serious crimes;

(iii) Being able to guide investigating activities of primary investigators;

(iv) Having passed the examination for the grade of intermediate investigators.

To meet the personnel demand of investigating bodies, persons who fully meet the criteria prescribed in Section 2, points (ii), (iii), (iv),, and have worked in law-related fields for at least 9 years may be appointed as intermediate investigators.

3.3. Criteria for appointment of senior investigators in Vietnam

A person who fully satisfies the criteria prescribed in Section 2 and fully meet the following conditions can be appointed as a senior investigator:

- Having worked as an intermediate investigator for at least 5 years;

- Being capable of investigating cases involving very serious, particularly serious or complicated crimes;

- Being capable of studying, synthesizing and proposing measures to prevent and control crimes;

- Being able to guide investigating activities of primary investigators and intermediate investigators;

- Having passed the examination for the grade of senior investigators.

To meet the personnel demand of investigating bodies, persons who fully satisfy the criteria prescribed in Section 2, Points b, c, d and dd, Clause 1 of Article 49 of the Law on Organization of Criminal Investigation Agencies 2015, and have worked in law-related fields for at least 14 years may be appointed as senior investigators.

4. Things not to be done by investigators in Vietnam

According to Article 54 of the Law on Organization of Criminal Investigation Agencies 2015, things not to be done by investigators in Vietnam include:

- Things prescribed by law not to be done by cadres, civil servants or officers and soldiers of the people’s armed forces.

- Provision of consultancy to arrestees, persons held in custody, the accused, defendants, involved parties or other procedure participants, thereby making the settlement of cases or matters unlawful.

- Interference in the settlement of cases or matters or abuse of their influence on persons in charge of settlement of cases or matters.

- Bringing case files or documents out of their offices not for the assigned tasks or without approval of competent persons.

- Reception of the accused, defendants, involved parties or other procedure participants involved in cases or matters under their settling jurisdiction outside prescribed places.

Thanh Rin

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