Vietnam: Relations between the investigating bodies and agencies tasked to conduct a number of investigating activities

According to the Law on organization of criminal investigation bodies 2015 of Vietnam, relations between the investigating bodies and agencies tasked to conduct a number of investigating activities are as follows:

1. The relations among the investigating bodies, between the investigating bodies and agencies tasked to conduct a number of investigating activities and among the agencies tasked to conduct a number of investigating activities are relations of responsibility division and coordination.

2. The investigating bodies shall guide and direct the investigating operation of the agencies tasked to conduct a number of investigating activities. The agencies tasked to conduct a number of investigating activities shall comply with written requests of the investigating bodies.

3. The investigating bodies shall receive case files transferred by the agencies tasked to conduct a number of investigating activities according to their competence and notify handling results to the agencies that have transferred the case files.

4. For matters showing criminal signs while the investigating jurisdiction is not yet clearly defined, the investigating body that detects them first shall immediately conduct investigating activities in accordance with the Criminal Procedure Code and this Law; when the investigating jurisdiction is defined, the case files shall be transferred to the competent investigating bodies in accordance with the Criminal Procedure Code.

5. The agencies tasked to conduct a number of investigating activities, after decide to institute criminal cases and apply deterrent measures according to their competence, shall immediately send their decisions to procuracies and notify them to competent investigating bodies.

6. The People’s Police, People’s Security and Military Surveillance units shall support and comply with requests of heads or deputy heads of investigating bodies, investigators and heads and deputy heads of the agencies tasked to conduct a number of investigating activities in their investigating activities.

View more details at the Law on organization of criminal investigation bodies 2015 of Vietnam, effective on July 01, 2016.

Ty Na

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