282 forms, documents and records of criminal investigation in Vietnam

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.

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