Content of the plan for inspection and verification of crime reports in Vietnam

Content of the plan for inspection and verification of crime reports in Vietnam (Illustration)

According to Article 13 Circular 28/2020/TT-BCA of Vietnam, it is stipulated that when assigned to resolve denunciations, crime reports, and petitions for prosecution, the Investigating Officer assigned as the principal handler at the Investigation Agency, the Investigating Officer assigned as the principal handler at the agency entrusted with certain investigative activities of the People's Public Security force (hereinafter referred to as the principal handling Investigating Officers) are responsible for developing an inspection and verification plan to report to the responsible leader, commander for submission to the assigned (or authorized) Head or Deputy Head of the Investigation Agency, the assigned (or authorized) Head or Deputy Head of the agency entrusted with certain investigative activities of the People's Public Security force for approval before implementation. The plan includes:

- Purpose and requirements of inspecting and verifying crime denunciations, reports, and petitions for prosecution;

- Summary of the incident; assessment of collected materials and evidence; completed tasks; pending tasks;

- Implementation content;

- Specifically identifying the contents to be inspected and verified for clarity; the materials and evidence that need to be collected, methods of preserving evidence; prioritizing tasks to achieve the highest efficiency;

- Identifying measures that can be applied during the inspection and verification process: operational measures as per legal provisions if deemed necessary;

- Identifying measures to protect the whistleblower, informant, witness, victim, other procedure participants, and their relatives as per legal provisions (upon request or if deemed necessary);

- Implementation time: propose specific inspection and verification timeframes to ensure legal resolution timeframes;

- Implementation organization: designate specific tasks for the assigned Investigating Officer to carry out; propose the use of resources, support funding; policies for reporting unexpected issues during implementation.

Note: The assigned Investigating Officer resolving crime denunciations, reports, and petitions for prosecution may only perform inspection and verification tasks as per the approved plan. During the execution of the plan, if new issues arise requiring additional inspection and verification measures not included in the approved plan, the assigned principal handling Investigating Officer must report and propose in writing to the responsible leader, commander for review before submitting to the assigned (or authorized) Head or Deputy Head of the Investigation Agency, the assigned (or authorized) Head or Deputy Head of the agency entrusted with certain investigative activities for direction; in urgent cases where immediate reporting in writing is not feasible, the fastest possible communication method should be used to seek direction from the leader, commander, followed by a written report for record-keeping in Vietnam.

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

Le Vy

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