Measures for exemption and reduction of liability for law enforcement officers in investigation and enforcement of judgments in Vietnam

Measures for exemption and reduction of liability for law enforcement officers in investigation and enforcement of judgments in Vietnam (Image from Internet)

On September 18, 2024, the Central Executive Committee issued Regulation 183-QD/TW to protect agencies, organizations, and law enforcement officers in investigatory, prosecutorial, judicial, and enforcement of judgments in Vietnam.

Measures for exemption and reduction of liability for law enforcement officers in investigation and enforcement of judgments in Vietnam

According to Article 8 of Regulation 183-QD/TW of 2024, law enforcement officers involved in procedural and enforcement of judgments may be considered for exemption, reduction of liability concerning actions and decisions in such activities as follows:

- When there are grounds to believe that the resolutions, decisions, conclusions, or orders of a collective, or individual with authority are contrary to the regulations of the Communist Party, the laws of the State, or do not follow the prescribed procedures, sequence, or authority, law enforcement officers in procedural and enforcement of judgments have the right to refuse execution, request to preserve their opinions in writing, and propose reporting for superior review.

In cases where the collective or individual with authority continues to demand execution, the law enforcement officers must comply but will not be held liable for the consequences of the execution. In such cases, the collective or individual issuing contrary decisions or orders must bear responsibility and be subject to scrutiny and responsible action according to regulations in Vietnam.

- Consideration for exemption of responsibility in cases of legitimate self-defense or carrying out tasks in emergencies, unforeseen events, or causing damage while arresting offenders.

- Consideration for exemption or reduction of liability in cases where:

+ They have fully complied with procedures, processes of litigation, and execution, and the violation was not intentional, not motivated by self-interest or other personal motives.

+ They have proactively detected and taken necessary measures within their authority to prevent, handle, mitigate consequences, or report to competent authorities to handle or mitigate the violation's consequences.

+ Execution was based on orders or decisions from superiors or persons with authority which law enforcement officers were unaware were unlawful.

- Consideration for reducing disciplinary actions in cases where the individual has proactively requested to resign from a position, title, or retire before competent authorities detect or handle the case, except in cases of criminal prosecution.

- Law enforcement officers in procedural and enforcement of judgments implementing proposals for innovation and creativity for the common benefit permitted by competent authorities, resulting in damages, may be considered for exemption or reduction of responsibility according to the regulations of the Communist Party, the State's laws, and the regulations of the People’s Public Security, People’s Army, Judiciary, and related sectors in Vietnam.

Note:

- Competent agencies and organizations in procedural and enforcement of judgments protected include those involved in criminal procedural, civil procedural, and administrative procedural activities; authorities responsible for managing and enforcing criminal, civil, and administrative judgments.

- Protected law enforcement officers in procedural and enforcement of judgments include: heads, deputy heads of investigation agencies, chief prosecutors, deputy chief prosecutors, chief justices, deputy chief justices of the court; heads, deputy heads of management authorities and criminal, civil execution agencies; investigators, prosecutors, judges, lay judges, executors, superintendents, deputy superintendents, judicial inspectors, investigation officers, checking officers, court clerks, examiners, criminal execution officers, civil execution officers and other authorized individuals in leadership, direction, and implementation of procedural and enforcement of judgments as prescribed by the Communist Party and State laws in Vietnam. (According to Clauses 2, 3 Article 2 of Regulation 183-QD/TW 2024)

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