Regulations on appointment, relief from office and dismissal of investigators in Vietnam

Regulations on appointment, relief from office and dismissal of investigators in Vietnam (Internet image)

1. Regulations on appointment, relief from office and dismissal of investigators in Vietnam

Regulations on appointment, relief from office and dismissal of investigators in Vietnam according to Article 56 of the Law on Organization of Criminal Investigation Bodies 2015 are as follows:

- The appointment, relief from office and dismissal of, and the grant and revocation of investigator certificates to, investigators in the People’s Public Security shall be prescribed by the Minister of Public Security, in the People’s Army by the Minister of National Defense, and in the Supreme People’s Procuracy by the Procurator General of the Supreme People’s Procuracy.

- Investigators shall automatically be relieved from the title of investigator when they retire or are transferred to other jobs.

Investigators may be relieved from the title of investigator for poor health, family circumstances or other reasons, for which they are deemed unable to perform their assigned tasks.

- Investigators shall automatically be stripped off the title of investigator when they are convicted under legally effective court judgments or are subject to the disciplining form of stripping off the People’s Public Security title or People’s Army officer rank or forced resignation.

- Depending on the nature and severity of their violations, investigators may be stripped off the title of investigator if their violations fall into one of the following cases:

+ Being committed in the investigation into criminal cases;

+ Being in violation of the provisions of Article 14 of the Law on Organization of Criminal Investigation Bodies 2015;

+ Being subject to the disciplining form of dismissal in accordance with the law on cadres and civil servants;

+ Being in violation of the regulations on ethical quality.

2. 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.

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

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

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