Regulations on fire scene examination in Vietnam from January 15, 2025

Regulations on fire scene examination in Vietnam from January 15, 2025
Quoc Tuan

The article below will provide regulations on fire scene examination in Vietnam from January 15, 2025.

Regulations    on    Fire    Scene    Examination    from    January    15,    2025

Regulations on fire scene examination in Vietnam from January 15, 2025​ (Image from internet)

On November 21, 2024, the Minister of Public Security of Vietnam issued Circular 88/2024/TT-BCA stipulating the assignment of responsibilities, coordination relations, investigation procedures, and the resolution of fire cases within the People's Public Security.

Regulations on fire scene examination in Vietnam from January 15, 2025​

The fire scene examination in Vietnam is conducted according to the provisions of criminal procedure law and stipulated in Article 23 of Circular 88/2024/TT-BCA.

(1) Preparations before the fire scene examination

- Receive and gather information about scene protection and the fire incident from the victims, witnesses, individuals with rights or obligations related, and those involved in fire fighting, rescue, and emergency response;

- Based on the nature and extent of the fire, the leading agency may invite participants for the scene examination such as examiners, forensic technicians, or relevant experts; representatives from local authorities, local police, the station where the fire occurred; individuals or organizations related to the scene examination; representatives from agencies, organizations, households, and vehicle owners; individuals with rights and obligations related.

For fires where the investigation agency leads the verification and resolution, the fire prevention, rescue, and special technical forces are mandatory participants in the scene examination. The leading investigation agency is responsible for notifying the same-level procuracy to assign a procurator to oversee the scene examination as per the regulations;

- Delegate tasks to members involved in the examination; choose methods, strategies for the examination; prepare means, technical equipment, tools for the scene examination;

- Identify the extent, assess the safety level of the scene;

- Take prompt measures to ensure the integrity of traces, objects, documents, and electronic data at risk of destruction or alteration (if any).

(2) Conducting the scene examination

- Observe the entire area of the fire; determine the position of the scene, establish reference points; locate victims, reference points to position traces, objects, documents, and related means at the scene (if any); mark positions and number all victims, traces, objects, documents, and means related to the fire;

- Photograph the general scene, partial scenes, detailed scene aspects; scale rulers must be used for photographing detailed traces and objects; scene photographs must be compiled into a Scene Photograph Documentation and arranged in order with annotations; video the scene as necessary;

- Measure and draw a scene sketch: Use consistent symbols, measurement units; the annotation must reflect the drawing scale, traces, symbols on the scene sketch; graphic software can be used to draw the scene sketch;

- Discover, record, collect, and preserve traces, objects, documents, and means at the scene; collect Comparison Samples (if any).

(3) Packaging and sealing samples, the packaging must indicate the case name, trace type, location, date, month, year collected, and signatures, clearly stating the names of the participating members as required by law.

(4) Prepare the Scene Examination Report in accordance with Form No. 163 and draw the Scene Sketch in accordance with Form No. 167 issued with Circular 119/2021/TT-BCA. The content of the examination report must record the start and end time of the examination, location, participants in the examination; the condition of the scene before the examination, weather conditions, lighting during the examination, the examination process, specifically: Describe the scene location, scene characteristics (direction, scenery, structure, position of the scene, and central area of the scene); describe each part of the scene; describe the position, characteristics (type, shape, size, orientation, state, color) of the victims (if any), traces, objects, means discovered at the scene and their relationship with other traces, objects, means at the scene as per the numbered order; record specifically the quantity of traces, objects, means discovered, collected, preservation methods, and comparison samples.

(5) Preliminary assessment of traces, objects, and means discovered and collected, make preliminary evaluations about the time the fire occurred, the point of fire origin, and the initial fire zone; hold a review meeting; facilitate the examination report, participants sign to confirm the examination report and scene sketch. The examination leader decides whether to conclude or continue scene protection.

(5) After the scene examination, the assigned officer to verify and resolve the fire case must report the results of the fire scene examination according to Form No. 06 issued with this Circular.

Refer to detailed content at Circular 88/2024/TT-BCA effective from January 15, 2025.

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