To only collect testimonies of the persons facing accusations for simple and clear cases in Vietnam

To only collect testimonies of the persons facing accusations for simple and clear cases in Vietnam (Internet image)

To be specific, Article 7 of Circular 28/2020/TT-BCA stipulates that after receiving offense denunciation, information about offense according to the order and procedures specified in Article 5 of this Circular, commune-level public security force, ward-level public security force, commune-level town public security force, public security force Stations, and public security force Posts shall categorize and handle the denunciations and criminal information according to the provisions (set forth in Clause 5, Article 8 of Joint Circular 01/2017). Particularly for commune-level public security force forces not yet arranged as regular forces, when conducting initial interrogations, it is permissible to interrogate the accuser, criminal informant, witnesses, victims, or legal representatives of the victims; only interrogate the accused in cases where the matter is simple and clear, or in cases of necessity and urgency. The responsibilities for handling of commune-level public security force, ward-level public security force, commune-level town public security force, public security force Stations, and public security force Posts in certain specific cases in Vietnam are as follows:

- In the case of apprehension and receiving individuals caught in the act of committing a crime, the commune, ward, or commune-level town public security force shall create an on-the-spot arrest record following form No. 54 (issued together with Circular 61/2017); the public security force Station shall create a reception record of the arrested individual for overt acts of crime following form No. 55 (issued together with Circular 61/2017); check identification documents, concurrently seize related documents and exhibits, temporarily detain weapons, dangerous tools (if any), and safeguard according to legal provisions to prevent loss, damage, or alteration (the seizure and detention must be clearly recorded in the report); assign personnel to secure the scene; conduct initial interrogation, and promptly notify the competent investigation authority or immediately escort the apprehended individual to the district-level Investigation public security force Agency where the incident occurred for resolution;

- In the case of an individual voluntarily surrendering for their crime, create a voluntary surrender/re-opening reception record (form No. 16 issued together with Circular 61/2017) and clearly record the name, age, occupation, and residence of the surrendering individual; record the statement of the surrendering individual, check identification documents, concurrently seize related documents and exhibits; temporarily detain weapons, dangerous tools (if any), and safeguard according to the provisions to prevent loss, damage, or alteration (the seizure and detention must be clearly recorded in the report), and then promptly notify the competent investigation authority or immediately escort the surrendering individual to the district-level Investigation public security force Agency for resolution;

- When receiving denunciations or reports of ongoing criminal acts, or criminal acts that have just concluded and were discovered in their area, proceed according to Point a, Clause 1, Article 6 of this Circular;

- When receiving information about other violations, after preliminary verification if it is determined that the violation does not reach the level of criminal responsibility but only warrants administrative handling, collect documents following the prescribed procedures of the Law on Handling Administrative Violations. If it falls within one's administrative penalty authority, proceed to penalize; otherwise, transfer the violation dossier to the competent authority for penalization according to the provisions of the law; and for individuals executing legal violations falling under subjects subject to administrative measures, create a dossier to transfer to the competent level for handling according to the law in Vietnam;

- In the case of apprehending, receiving individuals wanted by warrant, or individuals surrendering for their crime, proceed according to the provisions of Articles 112 and 152 of the Criminal Procedure Code of 2015.

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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