Regulations on application of special methods of investigation and proceedings in Vietnam

Regulations on deciding and approving the application of special methods of investigation and proceedings in Vietnam

Pursuant to Article 25 of Joint Circular 04/2018/TTLT-VKSNDTC-BCA-BQP, within 24 hours from the date of issuance of the decision to apply special methods of investigation and proceedings according to the provisions of Article 223 and Article 224 of the Criminal Procedure Code 2015, the Head of the Provincial Investigation Agency and the Head of the Military Investigation Agency at the military zone level or higher must have a dossier to request the Director of the Procuracy at the same level to approve the application decision on special methods of investigation and proceedings

Within 03 days from the date of receiving the request dossier from the Head of the Provincial Investigation Agency, the Head of the Military Investigation Agency at the military zone level or higher, and the Director of the Procuracy at the same level, they must make a decision, approve, disapprove, or request in writing to the Head of the Provincial Investigation Agency or the Head of the Military Investigation Agency at the military zone level or higher to supplement evidence and documents to consider and approve the decision to apply Special methods of investigation and proceedings.

The dossier requesting approval for a decision to apply special methods of investigation and proceedings includes:

- Written request for approval clearly stating the reasons and grounds for applying special methods of investigation and proceedings and the necessary information and documents to collect when applying this measure;

- Decision to apply special investigative measures by the Head of the Provincial Investigation Agency, the Head of the Military Investigation Agency at the military zone level or higher according to the provisions of Clause 2, Article 225 of the Criminal Procedure Code 2015;

- Other documents are the basis for the Head of the Provincial Investigation Agency, the Head of the Military Investigation Agency at the military zone level or higher to request approval.

In case the case is accepted and investigated by the District Investigation Agency or Regional Military Investigation Agency and it is deemed necessary and there is a basis for applying special methods of investigation and proceedings, the Head of the District Investigation Agency and the Head of the Regional Military Investigation Agency shall discuss with the Director of the District People's Procuracy and the Director of the Regional Military Procuracy about the base and how special investigative measures may be applied. At the same time, the Head of the District Investigation Agency and the Head of the Regional Military Investigation Agency shall send a document attached to the dossier requesting that the Head of the Provincial Investigation Agency and the Head of the Military Investigation Agency at the military zone level issue a decision to apply special methods of investigation and proceedings. Decisions to apply special investigative measures by the Head of the Provincial Investigation Agency or the Head of the Military Investigation Agency at the military zone level; the time limit, order, and procedures requested by the Procuracy Director for approval shall comply with the above regulations.

Regulations on application of special methods of investigation and proceedings in Vietnam (Internet image) 

Regulations on application of special methods of investigation and proceedings in Vietnam

Pursuant to Article 26 of Joint Circular 04/2018/TTLT-VKSNDTC-BCA-BQP, in the process of implementing special methods of investigation and proceedings, the Head of the Provincial Investigation Agency and the Head of the Military Investigation Agency at the military zone level or higher must regularly check the application of special methods of investigation and proceedings, notify information and documents collected by special methods of investigation and proceedings to the Director of the Procuracy at the same level, and agree on the use and handling of collected information and documents according to the provisions of Article 227 of the Criminal Procedure Code 2015.

In case it is deemed necessary to extend the time limit for applying special methods of investigation and proceedings, 10 days before the expiration of the special methods of investigation and proceedings, the Head of the Provincial Investigation Agency and the Head of the Military Investigation Agency at the military zone level or higher must have a written statement clearly stating the reason, accompanied by evidence and documents, which is the basis for requesting the Director of the Procuracy at the same level to consider and decide on the extension. Within 03 days from the date of receiving the written request with evidence and documents from the Head of the Provincial Investigation Agency, the Head of the Military Investigation Agency at the military zone level or higher, the Director of the Procuracy at the same level must issue a decision to extend or not extend or request in writing the Head of the Provincial Investigation Agency or the Head of the Military Investigation Agency at the military zone level or higher to supplement evidence. documents to consider extending the time limit for applying special methods of investigation and proceedings.

Regulations on canceling and ending the application of special methods of investigation and proceedings in Vietnam

Pursuant to Article 27 of Joint Joint Circular 04/2018/TTLT-VKSNDTC-BCA-BQP, when it is deemed unnecessary to continue applying special methods of investigation and proceedings, the Head of the Provincial Investigation Agency and the Head of the Military Investigation Agency at the military zone level or higher must send a written request to the Director of the Procuracy that has approved the decision to cancel the decision to apply special methods of investigation and proceedings.

When finding grounds to cancel the decision to apply special methods of investigation and proceedings according to the provisions of Clauses 2 and 3, Article 228 of the Criminal Procedure Code 2015, the Director of the Procuracy has approved the decision to annul the decision and sent it to the Head of the Investigation Agency that made the decision within 24 hours from the date of issuance of the cancellation decision to immediately transfer that decision to the agency conducting special methods of investigation and proceedings to immediately end the application of special methods of investigation and proceedings.

Mai Thanh Loi

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