05 Things not to be done by investigators in Vietnam

05 Things not to be done by investigators in Vietnam (Internet image)

1. Who are investigators?

Article 45 of the Law on Organization of Criminal Investigation Bodies 2015 stipulates investigators as follows:

- Investigators are persons appointed to perform the criminal investigation task.

- Investigators are divided into the following grades:

+ Primary investigators;

+ Intermediate investigators;

+ Senior investigators.

2. Tasks, powers and responsibilities of investigators in Vietnam

Pursuant to Article 53 of the Law on Organization of Criminal Investigation Bodies 2015, the tasks, powers and responsibilities of investigators are as follows:

- Investigators may conduct examining and verifying activities and investigating activities under the jurisdiction of their investigating bodies as assigned by heads or deputy heads of their investigating bodies.

- Investigators shall perform tasks and exercise powers in accordance with the Criminal Procedure Code when they are assigned to settle denunciations and reports on crimes, propose the institution of criminal cases and investigate criminal cases.

- Investigators have the following responsibilities:

+ To apply measures prescribed by the Criminal Procedure Code and other relevant laws in order to investigate and find the truth of cases in an objective, comprehensive and adequate manner;

+ To abide by law and submit to personal direction by heads or deputy heads of investigating bodies;

+ To refuse conducting procedure or get changed in the cases prescribed by the Criminal Procedure Code;

+ To abide by the regulations on things not to be done by cadres, civil servants or officers and soldiers of the people’s armed forces.

- Investigators shall be held responsible before law and heads and deputy heads of their investigating bodies for their acts and decisions.

3. Things not to be done by investigators in Vietnam

Article 54 of the Law on Organization of Criminal Investigation Bodies 2015 stipulates what investigators may not do as follows:

(1) Things prescribed by law not to be done by cadres, civil servants or officers and soldiers of the people’s armed forces.

(2) Provision of consultancy to arrestees, persons held in custody, the accused, defendants, involved parties or other procedure participants, thereby making the settlement of cases or matters unlawful.

(3) Interference in the settlement of cases or matters or abuse of their influence on persons in charge of settlement of cases or matters.

(4) Bringing case files or documents out of their offices not for the assigned tasks or without approval of competent persons.

(5) Reception of the accused, defendants, involved parties or other procedure participants involved in cases or matters under their settling jurisdiction outside prescribed places.

4. Term of office of investigators in Vietnam

The term of office of investigators is specified in Article 51 of the Law on Organization of Criminal Investigation Bodies 2015 as follows:

The term of office of an investigator appointed for the first time is 5 years; in case of reappointment or grade promotion, his/her term of office is 10 years.

5. Service age limits of investigators in Vietnam

Pursuant to Article 58 of the Law on Organization of Criminal Investigation Bodies 2015, the service age limits of investigators are as follows:

- The highest service age of investigators who are officers in the People’s Public Security or the People’s Army must comply with the Law on People’ Public Security or Law on Officers of the Vietnam People’s Army.

The retirement age of investigators of the Supreme People’s Procuracy must comply with the Labor Code.

- Where it is so demanded by the investigating bodies of the People’s Public Security or People’s Army, investigators who possess good qualities, professional qualifications and skills and are physically fit and willing may serve beyond the retirement age prescribed by the Minister of Public Security or Minister of National Defense but not beyond 60 years for men and 55 years old for women, except for female officers of the general rank.

Ngoc Nhi

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