Tasks and powers of the Police Office of the Ministry of Public Security in Vietnam

Tasks and powers of the Police Office of the Ministry of Public Security in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Organizational apparatus of the investigating police offices in Vietnam

The organizational apparatus of the investigating police offices according to Article 18 of the Law on Organization of Criminal Investigation Bodies 2015 is as follows:

- The organizational apparatus of the Investigating Police Office of the Ministry of Public Security is composed of:

= Its office;

= The Social Order-Related Crime Investigating Police Department (called Criminal Police Department for short);

= The Corruption, Economy and Position-Related Crime Investigating Police Department;

= The Drug-Related Crime Investigating Department-

= The Police Department for Investigation of Crimes related to Smuggling, Illegal Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights (called the Smuggling-Related Crime Investigating Police Department for short).

- The organizational apparatus of an investigating police office of a provincial-level Public Security Department is composed of:

= Its office;

= The Social Order-Related Crime Investigating Police Section (called Criminal Police Section for short);

= The Corruption, Economy and Position-Related Crime Investigating Police Section;

= The Drug-Related Crime Investigating Section;

= The Police Section for Investigation of Crimes related to Smuggling, Illegal Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights (called the Smuggling-Related Crime Investigating Police Section for short).

- The organizational apparatus of an investigating police office of a district-level Public Security Section is composed of:

= The General Investigation Team;

= The Social Order-Related Crime Investigating Police Team (called Criminal Police Team for short);

= The Economy and Position-Related Crime Investigating Police Team;

= The Drug-Related Crime Investigating Police Team.

Based on the crime situation and practical requirements, the Minister of Public Security shall decide to set up from one to four teams in an investigating police office of a district-level Public Security Section as defined in Clause 3 Article 18 of the Law on Organization of Criminal Investigation Bodies 2015

And decide to disband, merge or consolidate teams in the investigating police offices of the district-level Public Security Sections.

2. Tasks and powers of the Police Office of the Ministry of Public Security in Vietnam

Tasks and powers of the Police Office of the Ministry of Public Security according to Articles 19, 20 and 21 of the Law on Organization of Criminal Investigation Bodies 2015 are as follows:

2.1. Tasks and powers of the Investigating Police Office of the Ministry of Public Security in Vietnam

- To organize anti-criminal on-duty activities, receive denunciations and reports on crimes and propose the institution of criminal cases; to classify and handle denunciations and reports on crimes and propose the institution of criminal cases, which fall under its settling jurisdiction or immediately transfer them to competent bodies for settlement.

- To conduct investigation into criminal cases falling under the investigating jurisdiction of the investigating police offices of the provincial-level Public Security Departments, regarding particularly serious and complicated crimes occurring in many provinces and centrally run cities or trans-national organized crimes, if deeming it necessary to directly conduct the investigation; 

Particularly serious cases falling under the investigating jurisdiction of the investigating police offices, which are abrogated by the Judicial Council of the Supreme People’s Court for re-investigation.

- To guide and direct the investigating operation and examine the law observance and professional operation in receipt and handling of denunciations and reports on crimes, proposing the institution of criminal cases and crime investigation and handling activities of the investigating police offices of the provincial-level Public Security Departments and district-level Public Security Sections;

To guide offices of the People’s Police forces, which are tasked to conduct a number of investigating activities in conducting such activities.

- To propose concerned agencies and organizations to apply measures to redress the causes of, and conditions giving rise to, crimes.

- To organize preliminary and final reviews of receipt and handling of denunciations and reports on crimes, proposal on the institution of criminal cases and crime investigation and handling activities falling within the tasks and powers of the investigating police offices of the People’s Public Security.

- To settle complaints and denunciations in accordance with the Criminal Procedure Code.

2.2 Tasks and powers of the investigating police offices of the provincial-level Public Security Departments in Vietnam

- To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, and propose the institution of criminal cases; to classify and settle denunciations and reports on crimes and propose the institution of criminal cases, which fall under their respective settling jurisdiction or immediately transfer them to competent bodies for settlement.

- To conduct criminal investigation into the crimes prescribed in Clause 2, Article 21 of the Law on Organization of Criminal Investigation Bodies 2015 when those crimes fall under the adjudicating jurisdiction of the provincial-level people’s courts or the crimes falling under the investigating jurisdiction of the investigating police offices of the district-level Public Security Sections, which occur in many rural districts, urban districts, towns, provincial cities or cities of centrally run cities, organized crimes or crimes involving foreign elements, if deeming it necessary to directly conduct the investigation.

- To guide and direct the investigating operation and examine the law observance and operation in receipt and handling of denunciations and reports on crimes, proposing the institution of criminal cases and crime investigation and handling activities of the investigating police offices of the district-level Public Security Sections;

To guide the offices of the People’s Police force of provincial-level Public Security Departments, which are tasked to conduct a number of investigating activities, in conducting such activities.

- To propose concerned agencies or organizations to apply measures to redress the causes of, and conditions giving arise to, crimes.

- To organize preliminary and final reviews of receipt and handling of denunciations and reports on crimes, proposal on the institution of criminal cases and crime investigation and handling activities within the functions, tasks and powers of the investigating police offices of the provincial-level Public Security Departments and district-level Public Security Sections.

- To settle complaints and denunciations in accordance with the Criminal Procedure Code.

2.3 Tasks and powers of the investigating police offices of district- level Public Security Sections in Vietnam

- To organize anti-criminal on-duty activities, receive denunciations and reports on crimes, propose the institution of criminal cases; to classify and settle denunciations and reports on crimes, propose the institution of criminal cases, which fall under their respective settling jurisdiction or immediately transfer them to competent bodies for settlement.

- To conduct criminal investigation into the crimes prescribed in Chapters from XIV to XXIV of the Criminal Code when those crimes fall under the adjudicating jurisdiction of the district-level people’s courts, excluding crimes under the investigating jurisdiction of the Investigating Office of the Supreme People’s Procuracy and the Investigating Security Office of the People’s Public Security.

- To propose concerned agencies or organizations to apply measures to redress the causes of, and conditions giving rise to, crimes.

- To inspect and guide the public security offices of communes, wards, townships, public security stations in performing the tasks of receiving, examining and preliminarily verifying denunciations and reports on crimes.

- To organize preliminary and final reviews of receipt and handling of denunciations and reports on crimes, proposal on the institution of criminal cases and crime investigation and handling activities of the investigating police offices of district-level Public Security Sections.

- To settle complaints and denunciations in accordance with the Criminal Procedure Code.

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE