What are investigating bodies of the People’s Public Security in Vietnam?

What are investigating bodies of the People’s Public Security in Vietnam? (Internet image)

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

What are investigating bodies of the People’s Public Security in Vietnam?

According to Article 5 of the Law on Organization of Criminal Investigation Bodies 2015, the investigating bodies of the People’s Public Security include:

- The Investigating Security Office of the Ministry of Public Security; the investigating security offices of the Public Security Departments of provinces or centrally run cities (below referred collectively to as the investigating security offices of the provincial-level Public Security Departments).

- The Investigating Police Office of the Ministry of Public Security; the investigating police offices of the Public Security Departments of provinces or centrally run cities (below referred collectively to as investigating police offices of the provincial-level Public Security Departments); the investigating police offices of the Public Security Sections of rural districts, urban districts, towns, provincial cities, cities of centrally run cities (below referred collectively to as the district-level investigating police offices).

General provisions on the tasks and powers of investigating bodies in Vietnam

Specifically, Article 8 of the Law on Organization of Criminal Investigation Bodies 2015 provides general regulations on the tasks and powers of investigating bodies as follows:

- To receive and settle denunciations and reports on crimes and to propose the institution of criminal cases.

- To receive case files transferred by agencies tasked to conduct a number of investigating activities.

- To investigate crimes, apply every measure prescribed by law to detect and identify crimes and offenders; to compile files and propose the prosecution.

- To identify causes of, conditions for, commission of crimes and request concerned agencies and organizations to apply remedial and deterrent measures.

What acts are strictly prohibited in criminal investigation activities in Vietnam?

During criminal investigation activities, individuals and organizations will be strictly prohibited from performing the following acts:

- Falsifying case files; conducting criminal liability examination against persons who do not commit criminal acts; failing to conduct penal liability examination against persons who commit criminal acts which are subject to criminal liability examination; issuing decisions in contravention of law; forcing other persons to act against the law; disclosing case investigation secrets; illegally intervening into the criminal investigation.

- Forcing persons to give testimonies, applying corporal punishment and forms of torture or barbarous and inhuman treatment, penalties or humiliation or any acts infringing upon the legitimate rights and interests of agencies, organizations and individuals.

- Preventing arrestees, persons held in custody or the accused from exercising their right to self-defense, asking lawyers or other persons to defend them or render legal aid; from filing complaints or denunciations; or from receiving compensations for material and spiritual damage or getting honor rehabilitation.

- Preventing defense counsels or legal aid providers from making the defense or providing legal aid in accordance with law.

- Opposing, hindering or organizing, inducing, inciting or forcing others to oppose or hinder criminal investigation activities; infringing upon the lives, health, honor, dignity and property of official-duty performers in criminal investigation.

(Article 14 of the Law on Organization of Criminal Investigation Bodies 2015)

Principles of organization of criminal investigations in Vietnam

Principles of organization of criminal investigations specified in Article 3 of the Law on Organization of Criminal Investigation Bodies 2015, are as follows:

- Compliance with the Constitution and law.

- Assurance of the centralized, unified and effective direction and command; the clear and specialized division of responsibilities and decentralization of powers, overlapping avoidance and strict control; the timely, prompt, accurate, objective, comprehensive and adequate investigations, without leaving any crimes unpunished and injustice done to innocent people.

- Submission of subordinate investigating bodies to the professional guidance and direction of their superior investigating bodies; accountability of individuals to their superiors and law for their acts and decisions.

- Performance of criminal investigation activities only by competent agencies or persons defined in this Law.

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