Tasks and powers of the Investigating Security Offices in Vietnam

Tasks and powers of the Investigating Security Offices in Vietnam (Internet image)

1. Tasks and powers of the Investigating Security Offices in Vietnam

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

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

- To conduct the criminal investigation into particularly serious or complicated crimes involving more than one province or centrally run city or foreigner, which fall under the investigating jurisdiction of the investigating security offices of the provincial-level Public Security Departments defined in Clause 2, Article 17 of the Law on Organization of Criminal Investigation Bodies 2015 if deeming it necessary to directly conduct the investigation;

Particularly serious cases falling under the investigating jurisdiction of the investigating security offices of the People’s Public Security, 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 investigating and crime-handling activities of the investigating security offices of the provincial-level Public Security Departments; to guide offices of the People’s Security forces of the People’s Public Security, which are tasked to conduct a number of investigating activities, in doing so.

- 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 and proposal on institution of criminal cases and crime investigation and handling within the ambit of tasks and powers of the Investigating Security Office of the People’s Public Security.

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

(Article 16 of the Law on Organization of Criminal Investigation Bodies 2015)

1.2. Tasks and powers of the investigating security offices of the provincial-level Public Security Departments in Vietnam

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

- To conduct criminal investigation into the crimes prescribed in Chapter XIII, Chapter XXVI and the crimes prescribed in Articles 207, 208, 282, 283, 284, 299, 300, 303, 304, 305, 309, 337, 338, 347, 348, 349 and 350 of the Penal Code, when those crimes fall under the adjudicating jurisdiction of the people’s courts;

To conduct criminal investigation into other crimes infringing upon national security or for assurance of objective investigation as assigned by the Minister of Public Security.

- To guide the offices of the People’s Security forces of the provincial-level Public Security Departments, which are tasked to conduct a number of investigating activities, in conducting such activities.

- To propose concerned agencies and organizations to apply measures to address causes of, and conditions giving rise to, crimes.

- To organize preliminary and final reviews of the receipt and handling of denunciations and reports on crimes and proposal on the institution of criminal cases, and the crime investigation and handling activities of the People's Security forces of the provincial-level Public Security Departments and report thereon to the head of the Investigating Security Office of the Ministry of Public Security.

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

(Article 17 of the Law on Organization of Criminal Investigation Bodies 2015)

2. Organizational apparatus of the investigating security offices in Vietnam

- The organizational apparatus of the Investigating Security Office of the Ministry of Public Security is composed of investigating sections, operation sections and its office.

- The organizational apparatus of an investigating security office of a provincial-level Public Security Department is composed of investigating teams, operation teams and an apparatus assisting the investigating security office.

(Article 15 of the Law on Organization of Criminal Investigation Bodies 2015)

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