Duties and powers of the investigating security offices in the People’s Army in Vietnam

Duties and powers of the investigating security offices in the People’s Army in Vietnam (Internet image)

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

1. Organizational apparatus of the investigating security offices in the People’s Army in Vietnam

According to Article 22 of the Law on Organization of Criminal Investigation Bodies 2015, the organizational apparatus of the investigating security offices in the People’s Army is as follows:

- The organizational apparatus of the Investigating Security Office of the Ministry of National Defense is composed of investigating sections, professional sections and assisting apparatus.

- The organizational apparatus of a military zone or equivalent-level investigating security office is composed of the investigating board and assisting apparatus.

Based on the tasks and organization of the People’s Army in each period, the Government shall propose the National Assembly Standing Committee to decide on the establishment or dissolution of military zone or equivalent-level investigating security offices.

2. Duties and powers of the investigating security offices in the People’s Army in Vietnam

2.1. Tasks and powers of the Investigating Security Office of the Ministry of National Defense in Vietnam

According to Article 23 of the Law on Organization of Criminal Investigation Bodies 2015, the tasks and powers of the Investigating Security Office of the Ministry of National Defense include:

- 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, propose the institution of criminal cases, which fall under its settling jurisdiction or immediately transfer them to competent bodies for settlement.

- To conduct the investigation into criminal cases which fall under the investigating jurisdiction of the military zone or equivalent-level investigating security offices and are particularly serious and complicated and occur in many military zones or equivalent units or involving foreign elements, if deeming it necessary to directly conduct the investigation;

Particularly serious cases falling under the investigating jurisdiction of the Investigating Security Office of the People’s Army, 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 operation in crime investigation and handling activities of military zone or equivalent-level investigating security offices; to guide the Border-Guards, Marine Police forces and other agencies of the People’s Army, which are tasked to conduct a number of investigating activities, in conducting such activities according to their competence.

- 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 within the scope of tasks and powers of the investigating security offices in the People’s Army.

- To settle complaints and denunciations in accordance with the Criminal Procedure Code 2015 (amended in 2021)

2.2. Tasks and powers of military zone or equivalent-level investigating security offices in Vietnam

According to Article 24 of the Law on Organization of Criminal Investigation Bodies 2015, tasks and powers of military zone or equivalent-level investigating security offices

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

- Military zone or equivalent-level investigating security offices shall investigate criminal cases prescribed in Chapters XIII and XXVI and the crimes prescribed at Articles 207, 208, 282, 283, 284, 299, 300, 303, 304, 305, 309, 337, 338, 347, 348, 349 and 350 of the Penal Code 2015 (amended in 2017), when those crimes fall under the adjudicating jurisdiction of the military courts.

- 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 of military zone or equivalent-level investigating security offices and report thereon to the head of the Investigating Security Office of the Ministry of National Defense.

- To settle complaints and denunciations in accordance with the Criminal Procedure Code 2015 (amended in 2021)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE