Vietnam: Investigators are not allowed to bring case files or documents out of their offices

Specifically, according to Article 54 of the Law on organization of criminal investigation bodies 2015 of Vietnam, things not to be done by investigators are specified as follows:

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

- 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.

- Interference in the settlement of cases or matters or abuse of their influence on persons in charge of settlement of cases or matters.

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

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

Besides, this Law also specifies that 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.

View more details at the Law on organization of criminal investigation bodies 2015 of Vietnam, effective on July 01, 2016.

Ty Na

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