What is detailed guidance on handling ongoing information about offense in Vietnam?

What is detailed guidance on handling ongoing information about offense in Vietnam? (Illustrative photo)

Article 6 of Circular 28/2020/TT-BCA stipulates that when receiving reports or accusations about ongoing criminal acts or criminal acts that have just ended and have been discovered in one’s locality or in bordering areas, the officer receiving the information in Vietnam shall make a record or log it into the reception book as prescribed in Article 5 of this Circular and promptly report to their unit leaders or commanders:

- In case the reception authority is the communal-level Public security (commune, ward, commune-level town, Public security Station, Public security Post), it must immediately notify the District-level Investigation Public security Agency where the criminal act occurred or the competent Investigation Agency for resolution, and promptly send personnel to secure the crime scene and implement urgent measures at the scene as stipulated in point e of this clause (except for scene examination and autopsy). When the competent Investigation Agency in Vietnam arrives, promptly report the situation and cooperate in implementing other measures as required under point e of this clause;

- In case the reception authority is a body assigned to conduct certain investigation activities of the People's Public security, it must immediately notify the competent Investigation Agency or the nearest Public security agency for prompt handling and organization of cooperation if necessary;

- In case the reception authority is the District-level Investigation Public security Agency, it must promptly organize forces to go immediately to the scene, cooperate with the communal-level Public security (ward, commune, commune-level town, Public security Station, Public security Post) in implementing urgent on-site measures as stipulated in point e of this clause, and notify the same level Procuracy for cooperation and supervision of investigative activities as prescribed by law;

- In case the reception authority is the Investigation Agency of the Ministry of Public Security of Vietnam or the Provincial-level Investigation Agency, actions shall be taken according to the regulations in Article 8 of this Circular;

- Urgent measures at the scene include:

+ Immediately stopping ongoing criminal acts or preventing further criminal acts; arresting the criminals caught in the act or pursuing the perpetrators based on hot traces; preventing the destruction of documents, evidence, the dispersal of exhibits and other possible consequences; marking positions in the scene and providing emergency aid to the injured (marking the positions of the injured before organizing rescue); immediately recording testimonies of those involved in the criminal act who are in a life-threatening situation; saving property;

+ Organizing scene protection;

+ Stabilizing the situation, public order, and security in the locality and area; ensuring the psychological stability of victims and their families;

+ Taking statements from witnesses, victims, arrestees, related persons, legal representatives of the victims (if the victim is a child, a person with a serious illness, physically or mentally disabled, etc.), legal representatives or authorized persons of damaged agencies, organizations, etc.;

+ Conducting scene examination, autopsy (if any); seizing objects, documents, and evidence suspected to be related to the criminal case at the scene.

Additionally, for accusations or reports of ongoing criminal acts or criminal acts that have just ended and discovered in bordering localities, if it is determined not to be under its jurisdiction, the Investigative Agency, after completing urgent measures at the scene, is responsible for immediately transferring the accusation or report along with related documents, objects received, and the results of measures taken at the scene to the competent Investigation Agency for resolution within no more than 24 hours from the time the grounds are established. If immediate transfer is not possible, the competent Investigation Agency must be notified by the fastest means of communication in Vietnam.

More details can be found in Circular 28/2020/TT-BCA, which comes into force in Vietnam from May 15, 2020.

Le Vy

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