What are procedures for the entry and release of evidence collected from criminal, marriage, and family cases from January 1, 2025 in Vietnam?

What are procedures for the entry and release of evidence collected from criminal, marriage, and family cases from January 1, 2025 in Vietnam?​ (Image from the Internet)

On October 30, 2024, the Government of Vietnam issued Decree 142/2024/ND-CP stipulating the management of storage of evidence, documents, and items.

1. What are procedures for the entry and release of evidence collected from criminal, marriage, and family cases from January 1, 2025 in Vietnam?

According to the provisions of Article 14 Decree 142/2024/ND-CP, the procedures for the receipt, storage, and release of evidence, documents, and items collected from criminal, marriage, and family cases are carried out as follows:

- Procedures for receiving evidence, documents, and items:

+ Check the order for entry into the evidence and documents warehouse from the competent authority; the initial seizure record; the decision to transfer evidence (if any); introduction letter and identity papers of the person submitting the evidence, documents, and items;

+ Conduct a check of the quantity, condition, characteristics, and sealing of evidence, documents, and items (if any);

+ Prepare a receipt, record for the evidence, documents, and items;

+ Classify the evidence, documents, and items;

+ Issue a warehouse entry slip for evidence and documents;

+ Create a warehouse card for evidence and documents;

+ Label the evidence, documents, and items;

+ Record and update data in the evidence and documents warehouse log with complete information about the quantity, condition, characteristics, and sealing of evidence, documents, and items (if any).

- Procedures for releasing evidence, documents, and items:

+ Verify the order for withdrawal from the evidence and documents warehouse from the competent authority; the decision to transfer evidence (if any); introduction letter and identity papers of the person receiving the evidence, documents, and items;

+ Conduct a check of the quantity, condition, characteristics of the evidence, documents, and items, and the condition of the sealing (if any);

+ Issue a warehouse exit slip for evidence and documents;

+ Record and update the data in the evidence and documents warehouse log with full information about the quantity, condition, characteristics, and sealing of evidence, documents, and items (if any);

+ Prepare a receipt, record for the delivery and receipt of evidence, documents, and items.

- Warehouse entry and exit slips for evidence and documents; the delivery and receipt record for evidence, documents, and items are prepared in duplicate, signed by both parties. Each party retains one copy.

2. What are prohibited acts in the management of evidence and documents storage from January 1, 2025 in Vietnam?

Prohibited acts in the management of evidence and documents storage from January 1, 2025, are regulated in Article 4 Decree 142/2024/ND-CP:

- Violating or destroying physical facilities and security equipment ensuring the safety of evidence and documents storage.

- Receiving evidence and documents that are not within the adjustment scope of Decree 142/2024/ND-CP.

- Removing evidence, documents, and items from the evidence and documents warehouse without permission from the competent authority issuing the order or decision for entry, exit, and management of evidence and documents storage.

- Abusing position and authority to illegitimately consume, use, transfer, exchange, hide, add, remove, alter, cause loss, damage, destruction, or break seals, and other acts that change the status of evidence, documents, and items.

- Using the evidence and documents storage for other purposes.

- Unauthorized persons or means entering the evidence and documents storage area.

For more information, refer to Decree 142/2024/ND-CP effective from January 1, 2025 (replacing Decree 18/2002/ND-CP of the Government of Vietnam on the regulation of evidence warehouse management); Decree 70/2013/ND-CP of the Government of Vietnam amending and supplementing several articles of evidence warehouse management regulations issued with Decree 18/2002/ND-CP.

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