Regimes and policies for persons engaged in criminal investigation in Vietnam

Regimes and policies for persons engaged in criminal investigation in Vietnam (Internet image)

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

1. Regimes and policies for persons engaged in criminal investigation in Vietnam

Regimes and policies for persons engaged in criminal investigation in Vietnam according to Article 60 of the Law on Organization of Criminal Investigation Bodies 2015 are as follows:

- Officers, non-commissioned officers and soldiers of the People’s Public Security; officers, non-commissioned officers, professional armymen and soldiers of the People’s Army who work in the investigating bodies shall be conferred or promoted to ranks of the people’s armed forces and enjoy the preferential regimes and policies provided by law.

- Cadres and civil servants working in the Investigating Office of the Supreme People’s Procuracy enjoy the preferential regimes and policies provided by law.

- Investigators and investigating officers enjoy salaries, allowances and other regimes, policies and benefits provided by law.

- In criminal investigation, collectives and individuals that record achievements shall be commended and rewarded or may receive compensations for material losses they have suffered; individuals whose honor is offended may have their honor restored and whose lives are lost or health is damaged are entitled to the regimes and policies provided by law.

2. Regulations on assurance of physical foundations to serve criminal investigation activities in Vietnam

Regulations on assurance of physical foundations to serve criminal investigation activities according to Article 62 of the Law on Organization of Criminal Investigation Bodies 2015 are as follows:

- Based on criminal investigation requirements, operation areas and socio-economic conditions, the State assures physical foundations for the investigating bodies, including land, working offices, equipment, facilities, supporting tools, transport, communications and technical means and other physical and technical conditions, particularly for those located in remote, deep-lying, mountainous or island areas, regions facing exceptional socio-economic difficulties, strategic areas for national security, social order and safety.

The equipping and management of use of weapons and supporting tools must comply with the law on management and use of weapons and supporting tools.

- In case of emergency, in order to stop criminal acts, pursue criminals or rescue victims, investigators may mobilize and use transport and communications means of agencies, organizations and individuals, including operators of such means, except for means of foreign diplomatic missions and consulates, representative offices of international organizations and persons entitled to the diplomatic or consular privileges and immunities, and shall immediately return them when emergency circumstances no longer exist; in case of damage, the investigating bodies shall pay compensations in accordance with law.

3. Relations between investigating units and reconnaissance units in Vietnam

Relations between investigating units and reconnaissance units according to Article 42 of the Law on Organization of Criminal Investigation Bodies 2015 is as follows:

- Relations between investigating units and reconnaissance units are the relations of coordination and support in detecting, stopping, investigating, handling and preventing crimes.

- In their relations with investigating units, reconnaissance units have the following responsibilities:

+ To apply necessary measures prescribed by law to detect law violations and provide information to investigating units for investigation and handling;

+ To apply professional measures to support investigating units in conducting investigating activities, collecting documents and evidences, stopping crimes and arresting offenders;

+ To apply necessary measures to ward off law violations and crimes according to their assigned functions, tasks and powers;

+ To detect loopholes and shortcomings in the state management, social management and economic management so as to request concerned agencies and organizations to apply remedies;

+ To apply necessary measures prescribed by law to limit or eliminate the causes of, and conditions giving rise to, crimes and law violations.

- In their relations with reconnaissance units, investigating units have the following responsibilities:

+ To provide information on crimes and offenders to reconnaissance units so as to perform the functions and tasks prescribed in Clause 2 of Article 42 of the Law on Organization of Criminal Investigation Bodies 2015;

+ To coordinate with reconnaissance units in assessing and identifying the loopholes and shortcomings in the state management, social management and economic management so as to request concerned agencies or organizations to apply remedies;

+ To assess causes of, and conditions giving rise to, crimes, modes and tricks in committing crimes in criminal cases for exchange of ideas and coordination with reconnaissance units in the crime prevention and detection.

- Heads of investigating bodies shall decide to apply necessary measures in operational coordination between investigating units and reconnaissance units in investigating criminal cases. The measures prescribed in Clauses 2 and 3 of Article 42 of the Law on Organization of Criminal Investigation Bodies 2015 must be kept secret in accordance with the law on protection of state secrets.

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