Guidance on handling disputes over authority to settle crime reports in Vietnam

Guidance on handling disputes over authority to settle crime reports in Vietnam​ (Illustrative image)

According to Article 18 of Circular 28/2020/TT-BCA, in cases where the Investigating Agency in Vietnam receives a denunciation, criminal report, or a motion to prosecute, and has issued a Decision to assign the resolution of the criminal report but during the inspection and verification process determines that the denunciation, criminal report, or motion to prosecute does not fall under its jurisdiction, the principal investigating officer will report and propose to the leadership to report to the Head or Deputy Head of the assigned (or authorized) Investigating Agency to immediately transfer the denunciation, criminal report, or motion to prosecute along with related documents and evidence collected to the competent Investigating Agency to resolve within 24 hours from the time it is determined that it is outside its jurisdiction, and also issue a written notice to the People's Procuracy overseeing the resolution of such denunciation, criminal report, or motion to prosecute. In such cases, the Decision to assign the resolution of the criminal report automatically ceases to be effective from the time the denunciation, criminal report, or motion to prosecute is transferred to the competent agency in Vietnam.

Note: In cases of jurisdictional disputes regarding the resolution of denunciations, criminal reports, or motions to prosecute, compliance with Article 150 of the Criminal Procedure Code and Article 12 of Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC is required.

For detailed content, refer to Circular 28/2020/TT-BCA, which comes into force in Vietnam from May 15, 2020.

Le Vy

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