Classification of authority within 24 hours since receiving crime reports in Vietnam

Classification of authority within 24 hours since receiving crime reports in Vietnam (Illustrative Image)

To be specific, in Article 9 of Circular 28/2020/TT-BCA, it is regulated that the agencies assigned to perform certain investigative activities of the People's Public Security force include: the Immigration Department, the provincial Immigration Management Departments, the professional security departments at the Ministry of Public Security; the professional security departments at the provincial police level, and the Security Teams at the district police level; the Traffic Police Department; the Fire Prevention and Fighting, and Rescue Police Department; the Environmental Crime Prevention and Control Police Department; the Traffic Police Division; the Fire Prevention and Fighting and Rescue Division; the Environmental Crime Prevention and Control Division; and the detention facilities. The agencies assigned to perform certain investigative activities of the People's Public Security force (except the Security Teams at the district police level) after receiving crime reports and crime reports must classify to determine the jurisdiction to resolve within no more than 24 hours from receipt:

- If it is determined that the crime reports fall under their jurisdiction, they shall handle them according to the provisions in Section 3 of this Circular. Upon conclusion of the process of handling crime reports, the agencies assigned to perform certain investigative activities of the People's Public Security force must issue one of the following decisions: a Decision to Initiate a Criminal Case; a Decision not to Initiate a Criminal Case; or a Decision to Temporarily Suspend the Resolution of crime reports. Within 24 hours from the issuance of the decision, relevant documents must be sent to the competent Procuracy; if a Decision to Initiate a Criminal Case is issued, initial investigative activities are to be performed, and within 07 days from the issuance of the decision, the entire case file, documents, and related exhibits must be transferred to the competent investigative agency for resolution;- If it is determined that the crime reports do not fall under their jurisdiction, they shall immediately transfer the crime reports, along with related documents, to the competent investigative agency for resolution within 24 hours from the determination; if immediate transfer is not possible, the Investigative Agency with jurisdiction must be notified by the quickest communication methods.

Note: The Security Teams at the district police level, upon receiving crime reports under the investigative jurisdiction of the provincial Investigation Agency, must make a Receipt Record according to form No. 09, take the initial testimony of the accuser, report the crime, and transfer the crime reports along with related documents and items to the provincial Investigation Agency within no more than 24 hours from receipt. If immediate transfer is not possible, the provincial Investigation Agency must be notified by the quickest communication methods.

More details can be found in Circular 28/2020/TT-BCA, which comes into effect in Vietnam from May 15, 2020.

Le Vy

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