Responsibility of Commune police to checking and preliminary verification of crime reports in Vietnam

This is the content mentioned in the Joint Circular 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC amending Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC regulates the coordination coordination between competent agencies in the implementation of a number of provisions of the Criminal Procedure Code of Vietnam on receipt and settlement of denunciations, information on crimes, and petitions for prosecution.

Responsibility of Commune police to checking and preliminary verification of crime reports (Illustration image)

Specifically, the responsibilities of the Commune Police when receiving denunciations and information about crimes are prescribed as follows:

(1) For denunciations and reports of red-handed criminal acts; denounce or report on very serious or particularly serious crimes or are of interest to the public; denunciation, information about a crime, it is clear who committed the crime or the denounced person has grounds to believe that such person may escape, If there are grounds and it is necessary to apply preventive measures, the Commune Police need: 

- Make a record of receipt and report immediately by the fastest contact forms to the competent investigating agency;

- Immediately organize forces to protect the scene, take testimonies of whistleblowers, report on crimes, denounced persons, victims, witnesses or related persons;

- Verify and clarify the identity and background of the denounced, victim and related persons;

- Detect, seize and preserve documents and objects related to acts with signs of crime and transfer denunciations and information on crimes together with relevant documents and objects to the investigating agency competent within 24 hours from the date of receipt;

For communes in remote mountainous areas, remote areas, islands, with difficult travel conditions, the time limit for transferring denunciations and reports on crimes shall not exceed 48 hours from the date of receipt.

(2) For denunciations and reports on crimes other than those mentioned above, the Commune Police need:

- Make a record of receiving and taking testimonies of whistleblowers, reporting crimes, taking testimonies of denounced persons, victims, witnesses and related persons;

- To be present to check and determine the place of the incident, draw a diagram of the place of the incident, protect the scene;

- Verify and clarify the identity and background of the denounced, victim and related persons;

- Preliminary verification of information on damage consequences;

- Detect, seize and preserve documents and objects related to acts with signs of crime and immediately transfer denunciations and information on crimes together with relevant documents and objects to the investigating agency authorized inspection.

The time limit from the time of receipt to the transfer of denunciations or information on crimes, together with relevant documents and objects, to the competent investigating agency is not more than 07 days.

In the course of handling denunciations and reports on crimes that have grounds to determine that denunciations or reports on crimes fall into case (1), the Commune Police shall comply with the same regulations as for case (1). .

In conclusion, compared to the current one, Joint Circular 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC has added responsibility for preliminary inspection and verification of criminal denunciations and information to the social security, specifically:

- Verify and clarify the identity and background of the denounced, victim and related people.

- Detect, seize and preserve documents and objects related to acts with criminal signs.

- Be present to check, determine the place where the incident happened, draw a map of the place where the incident happened, and protect the scene.

- Preliminary verification of information on damage consequences.

Joint Circular 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC of Vietnam takes effect from January 14, 2022 

Bao Ngoc

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