What are the prohibited acts of commune police during the process of receiving and handling criminal allegations and reports in Vietnam?

What are the prohibited acts of commune police during the process of receiving and handling criminal allegations and reports in Vietnam? (Internet image)

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

What are the prohibited acts of commune police during the process of receiving and handling criminal allegations and reports in Vietnam?

According to Article 11 of Circular 126/2020/TT-BCA, prohibited acts of officers, servicemen of commune, ward, town Police Sub-departments, Police Stations or Substations during the process of receiving and handling criminal allegations and reports include:

(1) Prohibited acts of public officers, civil servants or officers or servicemen of People’s armed forces are prescribed in laws;

(2)  Receiving applications, letters and addressing issues of citizens at their own homes or anywhere outside the police’s office, except in urgent cases where citizens come to report criminals; at the same time, having to report immediately to their direct superiors;

(3) Harassing or running rackets in any form from participants in legal proceedings, their relatives, agencies, entities and organizations involved;

(4) Illegally offering counseling for the accused, their relatives, litigants or other participants in legal proceedings;

(5)  Illegally interfering in the settlement of legal cases or matters, or abusing their influence to manipulate persons responsible for settlement of legal cases or cases

(6) Bringing files, documents and records out of the office if they are not used for fulfilling the assigned tasks, or without the competent person’s consent.

Regulations on procedures for receiving denunciations, criminal information and requisitions for charges in Vietnam

Specifically, Article 146 of the Criminal Procedure Code 2015 (amended 2021) stipulates procedures for receiving denunciations, criminal information and requisitions for charges as follows:

- When authorities and entities make direct denunciations, disclose criminal information and requisition for charges, investigation authorities, procuracies and units assigned to investigate are authorized as per Section 2, Article 145 of the Criminal Procedure Code 2015 (amended 2021)  to execute written records of receipt and enter data into a receipt journal.

The acquisition of such information may be recorded by sound or sound-and-visual means.

If denunciations, criminal information and requisitions for charges are delivered by post, by telephone or by other means of communication, entries shall be made into a receipt journal.

- Investigation authorities and units assigned to investigate, if considering certain denunciations, criminal information disclosed and requisitions for charges ultra vires, shall be held responsible for transferring such information and relevant documents to a competent investigation authority in prompt manner.

The procuracy is responsible for promptly transferring denunciations, information and charge requests and relevant documents to a competent investigation authority.

In the events as defined in Point c, Section 3, Article 145 of the Criminal Procedure Code 2015 (amended 2021) , competent authorities processing denunciations, information and charge requests shall, in 05 days upon the Procuracy’s requests, transfer relevant documents to The procuracy for consideration and settlement.

- Commune, ward, and town police and police stations are responsible for receiving denunciations and information about crimes, making receipt records, conducting preliminary inspection and verification, and immediately transferring denunciations and information about crimes, along with relevant documents and objects, to the competent investigation agency.

Ward police units shall be responsible for acquiring denunciations and criminal information disclosed, making written records of receipt, taking preliminary statements and transferring such information and relevant documents and items to competent investigation authorities.

- Other authorities and organizations, upon obtaining denunciations and criminal information disclosed, shall transfer such information to competent investigation authorities. In emergency events, information may be given to investigation authorities by phone or other forms of communication. However, such information must subsequently be documented.

- Investigation authorities and units assigned to investigate, in 03 days upon receiving denunciations, information and requisitions, shall be held responsible for informing the equivalent Procuracy or competent Procuracy of their receipt of information in writing.

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