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

What are prohibited acts in the management of storage of evidence, documents, items from January 1, 2025 in Vietnam?​ (Image from Internet)

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

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

The prohibited acts in the management of storage of evidence, documents, items from January 1, 2025, are stipulated in Article 4 of Decree 142/2024/ND-CP:

- Violating, destroying infrastructure and means of ensuring security and safety of the storage of evidence, documents, items.

- Storing evidence and documents, objects that are not subject to the regulation of Decree 142/2024/ND-CP.

- Removing evidence, documents, objects from the evidence storage, documents, objects without the permission of the authority, the person authorized to command or decide the storage, exportation of evidence, documents, objects and the authority, the person with authority managing the storage of evidence, documents, items.

- Using a position, authority to illegally consume, use, transfer, substitute, conceal, add, subtract, modify, lose, damage, destroy, damage seals, and other actions affecting the current state of evidence, documents, objects.

- Using storage of evidence, documents, items for other purposes.

- Unauthorized persons, means entering the storage of evidence, documents, items.

2. What is the system of storage of evidence, documents, items of the People's Public Security in Vietnam?

- The system of storage of evidence, documents, items of the People's Public Security includes:

+ storage of evidence, documents, items of the Ministry of Public Security;

+ storage of evidence, documents, items of the Provincial Public Security, municipalities directly under the central government (hereinafter collectively referred to as Provincial-level Public Security storage of evidence, documents, items);

+ storage of evidence, documents, items of the District-level Public Security, districts, district-level towns, cities under the province, cities directly under the central government (hereinafter collectively referred to as District-level Public Security storage of evidence, documents, items).

- The Minister of Public Security prescribes the system of storage of evidence, documents, items of the People's Public Security to receive, preserve evidence, documents, objects of the authority, person conducting proceedings in the People's Public Security, the Procuracy, and the authority, person assigned to carry out some investigative activities of the Public Security, Customs, Forestry, Fisheries.

(According to Article 6 of Decree 142/2024/ND-CP)

3. What are regulations on the financial sources for the management of storage of evidence, documents, items from January 1, 2025 in Vietnam?

The financial sources for the management of storage of evidence, documents, items are regulated in Article 5 of Decree 142/2024/ND-CP as follows:

- The funding to serve the management of evidence, documents, objects includes:

+ Costs for the construction, expansion, upgrading, repair of storage of evidence, documents, items;

+ Costs for the procurement, operation of equipment, facilities, technical operations to serve preservation; ensuring the safety of storage of evidence, documents, items;

+ Costs for management, storage, preservation of evidence, documents, objects; movement of evidence, documents, objects; renting storages, lean-tos, storage yards to preserve evidence, documents, objects.

- The funding to serve the management of evidence, documents, objects of the Ministry of Public Security, Ministry of National Defense, Ministry of Justice and related ministries and central authorities is implemented according to the provisions of State Budget Law 2015, Public Investment Law 2019, and current guiding documents.

For more details, refer to Decree 142/2024/ND-CP effective from January 1, 2025 (replacing Decree 18/2002/ND-CP of the Government of Vietnam issuing Regulations on the management of evidence storages); Decree 70/2013/ND-CP of the Government of Vietnam amending and supplementing a number of articles of the Regulations on the management of evidence storages issued together with Decree 18/2002/ND-CP.

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