What are responsibilities and authority of the agencies managing the storage of evidence, documents, and items in Vietnam from January 1, 2025?

What are responsibilities and authority of the agencies managing the storage of evidence, documents, and items in Vietnam from January 1, 2025?​ (Image from the internet)

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

What are responsibilities and authority of the agencies managing the storage of evidence, documents, and items in Vietnam from January 1, 2025?​

Article 11 of Decree 142/2024/ND-CP prescribes the responsibilities and authority of the agencies managing the storage of evidence, documents, and items in Vietnam as follows:

- Organize the implementation and enforcement of laws regarding the management of the storage of evidence, documents, and items; direct operations, guide the application of the law on the management of the storage of evidence, documents, and items.

- Lead and cooperate with agencies, and persons with legal authority, to handle the reception, entry, exit, and preservation of evidence, documents, items.

- Ensure physical facilities, equipment, technical operations, and human resources necessary for managing the storage of evidence, documents, and items; organize the security for the storage of evidence, documents, and items 24 hours a day.

- Take the lead and cooperate with related agencies and units to organize the emergency relocation of evidence, documents, items to a safe place in cases of natural disasters, fires, explosions or threats to the safety of the storage of evidence, documents, and items.

- Propose to local authorities and military forces stationed in the locality to assist in protecting the storage of evidence, documents, and items when necessary.

- Suggest to the competent authorities handling the issues including evidence, documents, items showing signs of damage, risk of damage, broken or torn seals, or threats to the safety of the storage of evidence, documents, and items, negatively affecting or causing harm to people, property, and the environment.

- Promptly notify the local investigation agency and the People's Procuracy on the area where the storage of evidence, documents, and items is located, and to the authorities who have issued orders or decisions for entering the storage of evidence, documents, and items in cases where the evidence, documents, items are lost, intruded, or appropriated to coordinate in handling and resolving.

- Every six months and annually, provide a written request to authorized legal authorities to review, inventory, and handle evidence, documents, items according to the law.

- Summarize and conclude activities related to managing the storage of evidence, documents, and items; implement policy statistics, report on the management of the storage of evidence, documents, and items.

What are 06 prohibited acts in the management of the storage of evidence, documents, and items from January 1, 2025 in Vietnam?

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

(1) Damaging or destroying the infrastructure and facilities ensuring security and safety of the storage of evidence, documents, and items.

(2) Storing evidence, and documents, items not within the scope of this Decree.

(3) Removing evidence, documents, items from the storage of evidence, documents, and items without permission from the agency, person with authority to order or decide on entry or exit of evidence, documents, items and the agency, person with authority to manage the storage of evidence, documents, and items.

(4) Abusing one's position and authority to illicitly consume, use, transfer, swap, hide, add, subtract, modify, cause loss, damage, destroy, and break seals, or engage in other acts altering the existing state of evidence, documents, items.

(5) Using the storage of evidence, documents, and items, for other purposes.

(6) Unauthorized persons and vehicles entering the storage of evidence, documents, and items.

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