The Ministry of Public Security is soliciting opinions on the Draft Circular stipulating forms, documents, and records used in the investigation of criminal cases in Vietnam.
SET OF FORMS, DOCUMENTS AND RECORDS ON CRIMINAL INVESTIGATION IN VIETNAM
Expected from January 1, 2018, the authorized procedural authorities, individuals with the authority to proceed, and the relevant agencies, organizations, and individuals involved in criminal investigation activities as stipulated in the Criminal Procedure Code and the Law on the Organization of Criminal Investigation Agencies will use the forms, papers, and books issued in conjunction with the Draft Circular to replace Circular 26/2016/TT-BCA.
All 282 forms, papers, and books on criminal investigation are listed in the table below:
No. | Name of Form | Code | ||
---|---|---|---|---|
I. Forms used in receiving, resolving crime reports, crime denunciations, and prosecution recommendations | ||||
1 | Decision to Assign Deputy Head of the Investigation Agency to Handle Crime Information | 01 | ||
2 | Decision to Assign Investigator, Investigation Officer to Handle Crime Information | 02 | ||
3 | Decision to Change Deputy Head of the Investigation Agency Handling Crime Information | 03 | ||
4 | Decision to Change Investigator, Investigation Officer Handling Crime Information | 04 | ||
5 | Decision to Assign Deputy to Resolve Crime Reports, Crime Denunciations (Used for the agency tasked with several investigative activities) | 05 | ||
6 | Decision to Assign Investigation Officer to Resolve Crime Reports, Crime Denunciations (Used for the agency tasked with several investigative activities) | 06 | ||
7 | Decision to Change Deputy Resolving Crime Reports, Crime Denunciations (Used for the agency tasked with several investigative activities) | 07 | ||
8 | Decision to Change Investigation Officer Handling Crime Reports, Crime Denunciations (Used for the agency tasked with several investigative activities) | 08 | ||
9 | Record of Receiving Crime Reports, Crime Denunciations | 09 | ||
10 | Notification of Receiving Crime Information | 10 | ||
11 | Transfer Slip for Crime Reports, Crime Denunciations, and Prosecution Recommendations | 11 | ||
12 | Request for Extension of Examination, Verification of Crime Information | 12 | ||
13 | Decision to Temporarily Suspend Resolution of Crime Information | 13 | ||
14 | Decision to Resume Resolution of Crime Information | 14 | ||
15 | Notice of Resolution Results of Crime Information | 15 | ||
16 | Record of Receiving Voluntary Surrending/Self-Surrendering Offender | 16 | ||
17 | Notification of Voluntary Surrending/Self-Surrendering Offender | 17 | ||
II. Forms used in applying preventive measures, coercive measures | ||||
Preventive Measures | ||||
1 | Order to Detain in Emergency | 18 | ||
2 | Order to Arrest Detained Person in Emergency | 19 | ||
3 | Request for Approval of Order to Arrest Detained Person in Emergency | 20 | ||
4 | Record of Detaining in Emergency | 21 | ||
5 | Record of Arresting Detained Person in Emergency | 22 | ||
6 | Order to Arrest the Accused for Detention | 23 | ||
7 | Request for Approval of Order to Arrest the Accused for Detention | 24 | ||
8 | Record of Arresting the Accused for Detention | 25 | ||
9 | Detention Decision | 26 | ||
10 | Decision to Extend Detention | 27 | ||
11 | Request for Approval of Decision to Extend Detention | 28 | ||
12 | Detention Order | 29 | ||
13 | Request for Approval of Detention Order | 30 | ||
14 | Request to Extend Detention | 31 | ||
15 | Commitment to Perform Obligations When Applying Preventive Measures (Bail, Pledge Money for Guarantee, Prohibition from Leaving Residence) | 32 | ||
16 | Decision on Bail | 33 | ||
17 | Request for Approval of Bail Decision | 34 | ||
18 | Decision on Pledging Money for Guarantee | 35 | ||
19 | Request for Approval of Decision on Pledging Money for Guarantee | 36 | ||
20 | Record of Pledging Money for Guarantee | 37 | ||
21 | Request to Issue Decision to Return Pledged Money for Guarantee | 38 | ||
22 | Prohibition from Leaving Residence Order | 39 | ||
23 | Notification of Applying Prohibition from Leaving Residence | 40 | ||
24 | Temporary Permit to Leave Residence | 41 | ||
25 | Decision to Temporarily Suspend Exit | 42 | ||
26 | Notification of Applying Temporary Suspension of Exit | 43 | ||
27 | Decision to Replace Preventive Measures | 44 | ||
28 | Decision to Cancel Preventive Measures | 45 | ||
29 | Request to Cancel Preventive Measures | 46 | ||
30 | Request to Replace Preventive Measures | 47 | ||
31 | Release Decision | 48 | ||
32 | Decision to Issue Wanted Notice for the Accused (Used in the Investigation Stage) | 49 | ||
33 | Wanted Notice Decision (Used in the Prosecution and Trial Stage as per the Request of the Procuracy or Court) | 50 | ||
34 | Wanted Notice Decision (Used in the Execution Stage by the Head of the Provincial Criminal Execution Agency) | 51 | ||
35 | Wanted Notice Decision (Used for Escapees from Detention Centers) | 52 | ||
36 | Decision to Revoke Wanted Notice | 53 | ||
37 | Record of Arresting Offender in the Act | 54 | ||
38 | Record of Receiving Arrested Offender in the Act | 55 | ||
39 | Record of Offender in the Act (Used for Detained or Incarcerated Individuals committing an offense in custody) | 56 | ||
40 | Record of Arresting Wanted Person | 57 | ||
41 | Record of Receiving Arrested Wanted Person | 58 | ||
42 | Record of Handing Over, Receiving the Arrested Person | 59 | ||
43 | Notification of... (detaining in emergency; arresting detained person in emergency; arresting offender in the act; arresting wanted person) | 60 | ||
44 | Decision to Hand Over Detainee to Family/Local Government | 61 | ||
45 | Record of Handing Over Detainee to Local Government (as per Article 120 of the Criminal Procedure Code) | 62 | ||
46 | Record of Handing Over Detainee to Another Family Member | 63 | ||
47 | Notification of Handing Over Detainee to Family/Local Government | 64 | ||
48 | Decision to Apply Measure to Preserve Property of Detainee | 65 | ||
49 | Record of Applying Measure to Preserve Property of Detainee | 66 | ||
50 | Notification of Applying Measure to Preserve Property of Detainee | 67 | ||
Coercive Measures | ||||
1 | Decision to Escort | 68 | ||
2 | Record of Escorting | 69 | ||
3 | Decision to Lead | 70 | ||
4 | Record of Leading | 71 | ||
5 | Record of Handing Over, Receiving the Escort/Leading Person | 72 | ||
6 | Asset Seizure Order | 73 | ||
7 | Record of Asset Seizure | 74 | ||
8 | Decision to Cancel Asset Seizure Order | 75 | ||
9 | Record of Cancelling Asset Seizure Measure | 76 | ||
10 | Account Freeze Order | 77 | ||
11 | Record of Account Freezing | 78 | ||
12 | Decision to Cancel Account Freeze Order | 79 | ||
13 | Record of Cancelling Account Freezing Measure | 80 | ||
14 | Notification of Cancelling Asset Seizure, Account Freezing Measure | 81 | ||
III. Forms used in Investigation Assignment, Prosecuting Criminal Cases, Prosecuting Accused | ||||
1 | Decision to Assign Deputy Head of the Investigation Agency to Conduct Prosecution, Investigate Criminal Case | 82 | ||
2 | Decision to Change Deputy Head of the Investigation Agency Conducting Criminal Investigation | 83 | ||
3 | Decision to Cancel Decision to Assign Deputy Head of the Investigation Agency Conducting Prosecution, Investigate Criminal Case | 84 | ||
4 | Decision to Assign Investigator, Investigation Officer to Conduct Criminal Investigation | 85 | ||
5 | Decision to Assign Additional Investigator, Investigation Officer to Conduct Criminal Investigation | 86 | ||
6 | Decision to Change Investigator, Investigation Officer Conducting Criminal Investigation | 87 | ||
7 | Decision to Alter Decisions/Orders of Deputy Head/Investigator | 88 | ||
8 | Decision to Cancel Decisions/Orders of Deputy Head/Investigator | 89 | ||
9 | Decision to Authorize Deputy Head in the Absence of Head of the Investigation Agency | 90 | ||
10 | Decision to Assign Deputy or Investigation Officer in Prosecution, Investigating Criminal Cases (Used for the agency tasked with several investigative activities) | 91 | ||
11 | Decision to Change Deputy in Prosecution, Investigating Criminal Cases (Used for the agency tasked with several investigative activities) | 92 | ||
12 | Decision to Change Investigation Officer Handling Criminal Cases (Used for the agency tasked with several investigative activities) | 93 | ||
13 | Decision to Change Decisions/Orders of Deputies in Prosecution, Investigation of Criminal Cases (Used for the agency tasked with several investigative activities) | 94 | ||
14 | Decision to Cancel Decisions/Orders of Deputies in Prosecution, Investigation of Criminal Cases (Used for the agency tasked with several investigative activities) | 95 | ||
15 | Decision to Authorize Deputy Head in the Absence of Head (Used for the agency tasked with several investigative activities) | 96 | ||
16 | Decision to Prosecute Criminal Cases | 97 | ||
17 | Decision not to Prosecute Criminal Cases | 98 | ||
18 | Decision to Amend Prosecution of Criminal Cases | 99 | ||
19 | Decision to Supplement Prosecution of Criminal Cases | 100 | ||
20 | Decision to Cancel Prosecution of Criminal Cases | 101 | ||
21 | Notification of Non-Prosecution/Cancellation of Prosecution of Criminal Cases | 102 | ||
22 | Decision to Combine Criminal Cases | 103 | ||
23 | Decision to Separate Criminal Cases | 104 | ||
24 | Decision to Commission Investigation | 105 | ||
25 | Decision to Prosecute the Accused | 106 | ||
26 | Decision to Supplement Prosecution of the Accused | 107 | ||
27 | Decision to Amend Prosecution of the Accused | 108 | ||
28 | Request for Approval of Prosecution of the Accused | 109 | ||
29 | Request for Approval of Supplementing/Amending Prosecution of the Accused | 110 | ||
30 | Recommendation to Suspend Duties of the Accused (Also used for legal entity) | 111 | ||
31 | Decision to Withdraw the Case for Investigation | 112 | ||
32 | Request to Transfer the Case (Also used for legal entity) | 113 | ||
IV. Forms used in Conducting Investigation Measures | ||||
1 | Emergency Search Order | 114 | ||
2 | Notification of Emergency Search | 115 | ||
3 | Search Order | 116 | ||
4 | Request for Approval of Search Order | 117 | ||
5 | Record of Search | 118 | ||
6 | Emergency Order to Seize Mail, Telegraph, Parcels, and Packages | 119 | ||
7 | Notification of Mail, Telegraph, Parcel, Package Seizure | 120 | ||
8 | Order to Seize Mail, Telegraph, Parcels, and Packages | 121 | ||
9 | Request for Approval of Mail, Telegraph, Parcel, Package Seizure | 122 | ||
10 | Record of Mail, Telegraph, Parcel, Package Seizure | 123 | ||
11 | Handover Record of Documents, Objects, Electronic Data | 124 | ||
12 | Decision to Temporarily Hold Objects, Documents | 125 | ||
13 | Record of Temporary Holding of Objects, Documents (Used when the Investigation Agency temporarily holds objects, documents) | 126 | ||
14 | Decision to Handle Objects, Documents | 127 | ||
15 | Record of Sealing Temporarily Held Objects, Documents | 128 | ||
16 | Record of Unsealing Temporarily Held Objects, Documents | 129 | ||
17 | Inventory of Temporarily Held Objects, Documents during Search | 130 | ||
18 | Inventory of Objects Found and Handed Over to Individuals, Authorities, Organizations for Guardianship | 131 | ||
19 | Record of Returning Objects, Documents | 132 | ||
20 | Record of Handover, Receiving Evidence | 133 | ||
21 | Request for Evidence, Objects, Documents, Electronic Data from Organizations, Individuals | 134 | ||
22 | Decision to Handle Evidence | 135 | ||
23 | Order to Store Evidence in Warehouse | 136 | ||
24 | Order to Retrieve Evidence from Warehouse | 137 | ||
25 | Record of Scene Examination | 138 | ||
26 | Record of Traffic Accident Scene Examination | 139 | ||
27 | Record of Examining Vehicle Involved in Traffic Accident | 140 | ||
28 | Scene Diagram | 141 | ||
29 | Traffic Accident Scene Diagram | 142 | ||
30 | Scene Photographs | 143 | ||
31 | Photographs of Fingerprints Collected at Scene | 144 | ||
33 | Request to Search Fingerprint Traces at Scene | 145 | ||
34 | Decision to Exhume and Examine Corpses | 146 | ||
35 | Record of Exhumation and Corpse Examination | 147 | ||
36 | Record of Corpse Examination/Partial Examination | 148 | ||
37 | Record of Examining Body Marks | 149 | ||
38 | Decision to Conduct Investigative Experiment | 150 | ||
39 | Record of Investigative Experiment | 151 | ||
40 | Decision to Assign Expert Examination | 152 | ||
41 | Decision to Request Additional Expert Examination | 153 | ||
42 | Decision to Re-Examine | 154 | ||
43 | Notification of Denial of Expert Examination Request | 155 | ||
44 | Notification of Denial of Additional/Re-Examination Request | 156 | ||
45 | Expert Examination Photographs | 157 | ||
46 | Record of Expert Examination | 158 | ||
47 | Record of Gun, Bullet Trace Examination | 159 | ||
48 | Record of Drug Analysis | 160 | ||
49 | Expert Conclusion | 161 | ||
50 | Re-Examination Conclusion | 162 | ||
51 | Notification of Expert Conclusion | 163 | ||
52 | Request for Asset Valuation | 164 | ||
53 | Request for Revaluation of Assets | 165 | ||
54 | Asset Valuation Conclusion | 166 | ||
55 | Notification of Asset Valuation Conclusion | 167 | ||
56 | Notification of Denial of Revaluation Request | 168 | ||
57 | Decision to Appoint Interpreter | 169 | ||
58 | Decision to Appoint Translator | 170 | ||
59 | Decision to Replace Appointed Interpreter or Translator | 171 | ||
60 | Extraction and Escort Order (as per Article 20 of the Law on Temporary Detention and Custody) | 172 | ||
61 | Notification of Conducting Investigation Measures | 173 | ||
62 | Extraction Request Slip | 174 | ||
63 | Record of Interrogating the Accused | 175 | ||
64 | Record of Testimony | 176 | ||
65 | Record of Confrontation | 177 | ||
66 | Record of Identification | 178 | ||
67 | Minutes on Voice Recording | 179 | ||
68 | Minutes on Voice Recognition | 180 | ||
69 | Verification Minutes | 181 | ||
70 | Working Minutes | 182 | ||
71 | Proposal for Mandatory Medical Treatment | 183 | ||
72 | Identification Form | 184 | ||
73 | Fingerprint Form | 185 | ||
74 | Request for Extract of Criminal, Administrative Records or Transcript of Criminal Judgment | 186 | ||
75 | Extract of Criminal, Administrative Records | 187 | ||
76 | Transcript of Criminal Judgment | 188 | ||
77 | Personal Profile | 189 | ||
78 | Accused Profile | 190 | ||
79 | Summons (100g/m2 cover) | 191 | ||
80 | Accused Summons (100g/m2 cover) | 192 | ||
81 | Invitation (100g/m2 cover) | 193 | ||
82 | Receipt | 194 | ||
83 | Work Introduction Letter (100g/m2 cover) | 195 | ||
V. Forms Used in Conducting Special Investigative Measures | ||||
1 | Decision on Applying Special Investigative Measures | 196 | ||
2 | Proposal for Approval of Decision on Applying Special Investigative Measures (Used for Provincial Level Investigation Agency, Military Investigation Agency at Military Zone Level or Higher) | 197 | ||
3 | Request for Applying Special Investigative Measures | 198 | ||
4 | Proposal for Extending Application of Special Investigative Measures (Used for Provincial Level Investigation Agency, Military Investigation Agency at Military Zone Level or Higher) | 199 | ||
5 | Proposal to Cancel Decision on Applying Special Investigative Measures (Used for Provincial Level Investigation Agency, Military Investigation Agency at Military Zone Level or Higher) | 200 | ||
6 | Proposal for Decision on Applying Special Investigative Measures (Used for District Level Investigation Agency or Military Regional Investigation Agency) | 201 | ||
7 | Proposal for Extending Application of Special Investigative Measures (Used for District Level Investigation Agency or Military Regional Investigation Agency) | 202 | ||
8 | Proposal to Cancel Decision on Applying Special Investigative Measures (Used for District Level Investigation Agency or Military Regional Investigation Agency) | 203 | ||
VI. Forms Used in Suspending or Concluding Investigations | ||||
1 | Decision on Suspending the Investigation of a Criminal Case (Used for Individuals or Organizations) | 204 | ||
2 | Notice on Suspending the Investigation of a Criminal Case | 205 | ||
3 | Decision to Terminate the Investigation of a Criminal Case (Used for Individuals or Organizations) | 206 | ||
4 | Decision to Resume Investigation of a Criminal Case (Used for Individuals or Organizations) | 207 | ||
5 | Decision on Temporary Suspension of Investigation Against the Accused | 208 | ||
6 | Decision to Terminate Investigation Against the Accused | 209 | ||
7 | Decision to Resume Investigation Against the Accused | 210 | ||
8 | Decision on Temporary Suspension of Investigation Against the Accused in a Criminal Case | 211 | ||
9 | Decision to Terminate Investigation Against the Accused in a Criminal Case | 212 | ||
10 | Decision to Resume Investigation Against the Accused in a Criminal Case | 213 | ||
11 | Report on Investigation Conclusion of a Criminal Case for Prosecution Recommendation | 214 | ||
12 | Report on Investigation Conclusion of a Criminal Case in Case of Investigation Termination | 215 | ||
13 | Handover and Receipt Minutes | 216 | ||
14 | Handover and Receipt of Case File Minutes | 217 | ||
15 | Minutes on Reading and Making Copies of File Copies or Digitalized Documents in the Case File (Used at the Request of the Accused/Legal Representative of the Organization when Investigation Concludes) | 218 | ||
VII. Forms Used for Defense Attorneys | ||||
1 | Request for Assignment of Defense Attorney (In Case of Appointed Defense Attorney) | 219 | ||
2 | Notice of Defense Registration | 220 | ||
3 | Notice of Rejection of Defense Registration | 221 | ||
4 | Notice of Cancelation of Defense Registration | 222 | ||
5 | Notice to Defense Attorney of Investigation Activities | 223 | ||
6 | Minutes on Changing or Rejecting Defense Attorney | 224 | ||
7 | Handover and Receipt of Evidence, Documents, and Objects Minutes | 225 | ||
8 | Minutes on Reading, Making Copies of Documents in the Case File (Used for Defense Attorneys, Legal Representatives of Victims, Other Relevant People) | 226 | ||
9 | Minutes on Defense Attorney’s Violation of Meeting Regulations with the Arrested, Detainee, Accused, or Defendant in Detention | 227 | ||
VIII. Forms Used in Legal Proceedings with Minors | ||||
1 | Decision on Exemption from Criminal Responsibility for Minor | 228 | ||
2 | Decision on Applying the Measure of Reprimand | 229 | ||
3 | Decision on Applying the Measure of Community Mediation | 230 | ||
4 | Minutes on Community Mediation | 231 | ||
5 | Decision on Applying the Measure of Education in Commune, Ward, Commune-Level Town | 232 | ||
6 | Decision on Assigning the Minor Defendant to a Legal Representative for Supervision | 233 | ||
7 | Decision on Changing the Legal Representative Supervising the Minor Defendant | 234 | ||
IX. Forms Used in Summary Procedure | ||||
1 | Decision on Applying Summary Procedure | 235 | ||
2 | Decision to Cancel Decision on Applying Summary Procedure | 236 | ||
3 | Decision to Recommend Prosecution Under Summary Procedure | 237 | ||
X. Forms Used for Handling Complaints and Denunciations in Criminal Proceedings | ||||
1 | Decision on Resolving Complaints | 238 | ||
2 | Decision to Terminate Complaint Resolution | 239 | ||
3 | Decision on Assigning Investigation of Denunciation Content | 240 | ||
4 | Decision on Resolving Denunciations | 241 | ||
5 | Notice of Receiving and Handling Complaints and Denunciations | 242 | ||
XI. Forms Used for Protecting Whistleblowers, Witnesses, Victims, and Other Participants in Criminal Proceedings | ||||
1 | Proposal for Applying/Changing/Supplementing Protection Measures | 243 | ||
2 | Decision on Applying Protection Measures | 244 | ||
3 | Decision on Supplementing Protection Measures | 245 | ||
4 | Decision on Changing Protection Measures | 246 | ||
5 | Minutes of Receiving Proposal and Request for Applying Protection Measures | 247 | ||
6 | Decision on Terminating Protection Measures | 248 | ||
7 | Notice of Unnecessary Protection Measures | 249 | ||
XII. Forms Used in Prosecuting Organizations | ||||
1 | Decision on Prosecuting a Legal Entity | 250 | ||
2 | Proposal for Approval of Prosecuting Decision Against a Legal Entity | 251 | ||
3 | Decision to Change the Prosecuting Decision Against a Legal Entity | 252 | ||
4 | Decision to Supplement the Prosecuting Decision Against a Legal Entity | 253 | ||
5 | Proposal for Approval of Changing/Supplementing Prosecuting Decision Against a Legal Entity | 254 | ||
6 | Decision on Temporary Suspension of Investigation Against Legal Entity | 255 | ||
7 | Decision to Terminate Investigation Against Legal Entity | 256 | ||
8 | Decision to Resume Investigation Against Legal Entity | 257 | ||
9 | Proposal for Legal Entity to Appoint Legal Representative to Participate in Proceedings | 258 | ||
10 | Decision to Appoint Legal Representative of Legal Entity to Participate in Proceedings | 259 | ||
11 | Decision on Sequestration of Legal Entity’s Assets | 260 | ||
12 | Minutes on Sequestration of Legal Entity’s Assets | 261 | ||
13 | Decision to Freeze Legal Entity’s Accounts | 262 | ||
14 | Minutes on Freezing Legal Entity’s Accounts | 263 | ||
15 | Decision to Cancel Sequestration of Assets, Freezing of Legal Entity’s Accounts | 264 | ||
16 | Minutes on Canceling Sequestration of Legal Entity’s Assets | 265 | ||
17 | Minutes on Canceling Freezing of Legal Entity’s Accounts | 266 | ||
18 | Decision to Change Coercive Measures Against Legal Entity | 267 | ||
19 | Decision on Temporary Suspension of Legal Entity’s Operation | 268 | ||
20 | Proposal for Approval of Temporary Suspension of Legal Entity’s Operation | 269 | ||
21 | Decision to Require Legal Entity to Deposit Money for Sentence Enforcement | 270 | ||
22 | Proposal for Approval of Decision to Require Legal Entity to Deposit Money for Sentence Enforcement | 271 | ||
23 | Report on Investigation Conclusion of Criminal Case Against Legal Entity for Prosecution Recommendation | 272 | ||
24 | Report on Investigation Conclusion of Criminal Case Against Legal Entity in Case of Investigation Termination | 273 | ||
XIII. Cover of Criminal Case File | ||||
1 | Cover of Criminal Case File (Dimensions 50 cm x 33 cm; Kraft Paper 170g/m2 cover) |
274 | ||
2 | Document List in Case File | 275 | ||
XIV. Logbooks for Criminal Investigations | ||||
1 | Logbook for Receiving Crime Information | 276 | ||
2 | Logbook for Monitoring, Classifying, Resolving Crime Information | 277 | ||
3 | Logbook for Case Files (Decision to Prosecute Criminal Case; Decision to Assign Deputy Chief of Investigation Agency, Investigator, Investigation Officer to Investigate Criminal Case; Decision to Prosecute the Accused…) | 278 | ||
4 | Monitoring Logbook for Procedural Documents (Decisions, Orders, Investigation Conclusions…) | 279 | ||
5 | Logbook for Outgoing Correspondence in Criminal Proceedings (Tracking Correspondence of the Procedural Body) | 280 | ||
6 | Logbook for Incoming Correspondence in Criminal Proceedings | 281 | ||
7 | Logbook for Defense Attorney Registration | 282 |
- View the Full Text of the Draft Circular.