Vietnam: Which agency has the authority to directly receive files and archival documents?

According to Clause 3 Article 17 of Decree No. 116/2013/ND-CP of Vietnam’s Government, dossiers, documents already archived and relevant information are only provided directly to the following competent state agencies:

- Public Security agencies or the People’s Procuracy at district level or higher, for transactions related to crimes already reported according to Clause 2 Article 26 of the Law on Prevention of Money Laundering of Vietnam;

- Investigation agencies or the People’s Procuracy at all levels, for transactions related to criminal cases and clients have had decision on prosecuting a case and decision on prosecuting a person as the accused. Heads or Deputy Heads of these agencies will be persons signing on requests for providing dossiers, documents and relevant information;

- Agencies of investigation security if transactions related to objects that are doubted on crimes infringing national security. Heads or Deputy Heads of these agencies will be persons signing on requests for providing dossiers, documents and relevant information;

- Taxation agencies, agencies with the function of initial investigation, if transaction related to individuals or organizations which are doubted on violation of law on tax, law on customs or other relevant laws. Requests for information provision must be signed by heads, deputy heads of taxation agencies, agencies with function of initial investigation;

- Agencies of State Inspectorate, agencies assigned implementation of specialized inspectorate function, when they perform tasks according to decisions on inspection, examination promulgated by competent authorities.

Provision of dossiers, documents already archived and relevant information is performed once at request of competent agencies. In necessary case, such provision may be performed many times but it must be clarified in request for information provision. When having requested for provision for many times, the competent agencies shall notify about stopping the provision of dossiers, documents and information for organizations and individuals which no longer lay in cases subject to provision of information, dossiers and documents.

View more details at Decree No. 116/2013/ND-CP of Vietnam’s Government, effective from October 10, 2013.

Ty Na

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