Vietnam’s regulations relating to investigators

According to Article 45 of the Law on Organization of Criminal Investigation Bodies 2015 of Vietnam, investigators are persons appointed to perform the criminal investigation task.

Investigators are divided into the following grades:

- Primary investigators;

- Intermediate investigators;

- Senior investigators.

1. General criteria of an investigator

According to Article 46 of the Law on Organization of Criminal Investigation Bodies 2015 of Vietnam, general criteria of an investigator include:

- Being a Vietnamese citizen and loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, possessing good ethical quality, being righteous and honest, having a firm political stuff and spirit of resolutely defending the socialist legislation.

- Possessing a security university, police university, law bachelor or higher degree.

- Having worked in a law-related field in accordance with this Law.

- Having been professionally trained in investigation.

- Being physically fit for the performance of assigned tasks.

The term of office of an investigator appointed for the first time is 5 years; in case of reappointment or grade promotion, his/her term of office is 10 years.

2. Things not to be done by investigators

According to Article 54 of the Law on Organization of Criminal Investigation Bodies 2015 of Vietnam, investigators must not do the followings:

- Things prescribed by law not to be done by cadres, civil servants or officers and soldiers of the people’s armed forces.

- Provision of consultancy to arrestees, persons held in custody, the accused, defendants, involved parties or other procedure participants, thereby making the settlement of cases or matters unlawful.

- Interference in the settlement of cases or matters or abuse of their influence on persons in charge of settlement of cases or matters.

- Bringing case files or documents out of their offices not for the assigned tasks or without approval of competent persons.

- Reception of the accused, defendants, involved parties or other procedure participants involved in cases or matters under their settling jurisdiction outside prescribed places.

The Law on Organization of Criminal Investigation Bodies 2015 of Vietnam officially takes effect from July 01, 2016.

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