Regulations on organizational apparatus of the investigating police offices in Vietnam

Regulations on organizational apparatus of the investigating police offices in Vietnam (Internet image)

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

1. Regulations on organizational apparatus of the investigating police offices in Vietnam

Regulations on organizational apparatus of the investigating police offices in Vietnam according to Article 18 of the Law on Organization of Criminal Investigation Bodies 2015 are as follows:

- The organizational apparatus of the Investigating Police Office of the Ministry of Public Security is composed of:

+ Its office;

+ The Social Order-Related Crime Investigating Police Department (called Criminal Police Department for short);

+ The Corruption, Economy and Position-Related Crime Investigating Police Department;

+ The Drug-Related Crime Investigating Department-

+ The Police Department for Investigation of Crimes related to Smuggling, Illegal Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights (called the Smuggling-Related Crime Investigating Police Department for short).

- The organizational apparatus of an investigating police office of a provincial-level Public Security Department is composed of:

+ Its office;

+ The Social Order-Related Crime Investigating Police Section (called Criminal Police Section for short);

+ The Corruption, Economy and Position-Related Crime Investigating Police Section;

+ The Drug-Related Crime Investigating Section;

+ The Police Section for Investigation of Crimes related to Smuggling, Illegal Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights (called the Smuggling-Related Crime Investigating Police Section for short).

- The organizational apparatus of an investigating police office of a district-level Public Security Section is composed of:

+ The General Investigation Team;

+ The Social Order-Related Crime Investigating Police Team (called Criminal Police Team for short);

+ The Economy and Position-Related Crime Investigating Police Team;

+ The Drug-Related Crime Investigating Police Team.

Based on the crime situation and practical requirements, the Minister of Public Security shall decide to set up from one to four teams in an investigating police office of a district-level Public Security Section as defined in this Clause; and decide to disband, merge or consolidate teams in the investigating police offices of the district-level Public Security Sections.

2. Tasks and powers of the Investigating Police Office of the Ministry of Public Security in Vietnam

Tasks and powers of the Investigating Police Office of the Ministry of Public Security according to Article 19 of the Law on Organization of Criminal Investigation Bodies 2015 are as follows:

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

- To conduct investigation into criminal cases falling under the investigating jurisdiction of the investigating police offices of the provincial-level Public Security Departments, regarding particularly serious and complicated crimes occurring in many provinces and centrally run cities or trans-national organized crimes, if deeming it necessary to directly conduct the investigation; particularly serious cases falling under the investigating jurisdiction of the investigating police offices, 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 professional operation in receipt and handling of denunciations and reports on crimes, proposing the institution of criminal cases and crime investigation and handling activities of the investigating police offices of the provincial-level Public Security Departments and district-level Public Security Sections; to guide offices of the People’s Police forces, which are tasked to conduct a number of investigating activities in conducting such activities.

- 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 falling within the tasks and powers of the investigating police offices of the People’s Public Security.

- To settle complaints and denunciations in accordance with the Criminal Procedure Code 2015.

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