Circular 28/2014/tt-Bca: Regulations On The Work Of The Criminal Investigation Police In The People

Original Language Title: Thông tư 28/2014/TT-BCA: Quy định về công tác điều tra hình sự trong Công an nhân dân

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The CIRCULAR regulates the work of criminal investigations in the public security people _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law enacting legal documents in 2008;
The base set of criminal law in 2003;
Ordinance base criminal investigation organizations in 2004 (modification, Supplement, 2006, 2009);
Pursuant to Decree No. 77/2009/ND-CP on September 15th, 2009 by government regulation functions, tasks, powers and organizational structure of the Ministry of public security; Decree No. 21/2014/ND-CP of March 2014 Government's amendments and supplements article 3 of Decree 77/2009/ND-CP DATED September 15, 2009;
At the suggestion of Director legislation and administrative reforms, the judiciary, the Minister of public security issued a circular regulating the criminal investigation work of public security of the people.
Chapter I GENERAL PROVISIONS article 1. Scope this circular detailing the implementation of some provisions of the code of criminal procedure in 2003, the Ordinance on the Organization of criminal investigation in 2004 (amended and supplemented in 2006, 2009--known collectively as the Ordinance on organization of criminal investigations in 2004) about the duties and powers of the authorities in the people's police , other agencies of public security people is tasked to conduct some investigation activities, the communes, wards and towns (known collectively as The social security), the Fort, police stations; criminal investigation activities by heads, Deputy Heads, heads, Deputy Heads of other agencies are tasked to conduct some activities investigation, investigator, investigation officers in the people's police force.
Article 2. The object that applies to this circular apply to: 1. in the public security investigation agency people; other agencies of public security people is tasked to conduct some investigation activities; Social public security, Fort, police stations;
2. Heads, Deputy Heads, heads, Deputy Heads of other agencies are tasked to conduct some activities investigation, investigator, investigation officers in the people's police force;
3. The agencies, organizations and individuals concerning the activities of receiving, resolution denounces crime reports, and recommendations to prosecute and investigate activities in the criminal investigation agency within the police, other agencies of public security of the people tasked with conducting an active investigation of accepting the , resolve.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The criminal offence object is clear criminal had determined the base from an audience made up of offence.
2. Criminal unknown criminals as criminal unsubstantiated identify objects made the offence.
3. The weight of court is criminal about crimes stipulated in articles 93, 95, 96; particularly serious crimes prescribed in articles 104, 111, 112, 113, 114, 133, 134, 135 of the criminal code, 1999 (revised, supplemented in 2009 – referred to as the Criminal Code of 1999).
Article 4. The principle of investigation activities in the people's public security 1. In compliance with the Constitution and the law; respect the interests of the State, human rights, legal rights and interests of the Agency, organization, individual.
2. Respect the truth, ensure fast, accurate, objective, comprehensive; discovery clarifies the evidence determined guilty and innocent determination, evidence of aggravating and mitigating criminal liability of the person of the offence; not to reach criminals and not make falsely innocent people.
3. Only the authorities and bodies to be given the task of conducting some investigative activity specified in this circular are the investigation of the criminal case.
4. the investigating authorities granted under the guidance, direction of investigating authorities.
5. Heads, Deputy Heads of the investigation, the investigator; Heads, Deputy Heads is tasked to conduct some investigation activities are responsible to and before the law of all his decisions and behavior.
6. the responsible jurisdiction, crime reports and recommendations to prosecute are determined by the authority.
Article 5. Evaluation of the criminal process 1. Evaluation of the criminal activity of the heads of the investigation to the study, the test of the content, sequence, procedure, results in the criminal investigations through the case file to evaluate and draw conclusions about the legality, completeness of the materials, the collected evidence , the impartial, objective, exact order, the decision of the person conducting the proceedings to draw out the remedies for loopholes, shortcomings in the process of investigating criminal cases; at the same time, through which to draw the lessons of experience to propose solutions to improve the quality, efficient criminal investigation work.
The evaluation can be done in the investigation stage or after the end of the criminal investigation.
Document appraisal is not included into the criminal records.
2. Evaluation of the criminal process must ensure the following principles: a) ensuring the integrity, impartiality, objectivity, comprehensive, full, fast, timely and confidential in accordance with the law;
b) to respect and protect human rights, legal rights and interests of organizations and individuals.
3. the investigating agency heads may decide to assess criminal when one of the following bases: a) lack of objective signs, negative or falsify the case file;
b) Has abandoned crime finalist signs or make innocent people falsely;
c) signs of serious breach of the order, the proceedings;
d) people's Procuracy refused to ratify or rescind the order or decision of the Agency;
DD) the people's Procuratorate, people's court charged records required additional investigation due to crime or serious breach of the order, the proceedings;
e) must investigate the case back;
g) other cases where the heads of the competent investigating authorities deem it necessary to verify.
4. Jurisdiction to decide the evaluation: a) the heads of security agencies to investigate the Ministry of public security decided to appraise for the criminal case by the security agencies in the investigation of public security of the people conducting the investigation;
b) heads the police investigating The police assessment decisions with respect to the criminal case by the investigating police agency in the people's police investigation;
c) heads the security investigation police, central cities (known as provincial public security) assessment decisions with respect to the criminal investigation by security agencies in provincial public security investigation;
d) heads the police investigating the police issued the assessment decision for the criminal investigation police agency public security provincial police investigation agency, district, County, city, town in the province (called the police at district level) with the investigation;
DD) heads the police investigating the police at district level assessment decisions with respect to the criminal investigative police agency-level public security investigation.
Chapter II the DUTIES and powers of POLICE AGENCIES INVESTIGATING CRIMINAL INVESTIGATION ACTIVITIES in category 1 POLICE AGENCY INVESTIGATED and the UNIT INVESTIGATING POLICE AGENCY in the MINISTRY OF PUBLIC SECURITY article 6. Investigating police agency Ministry of public security 1. The duties and powers of the investigating police agency Ministry of public security in criminal investigation activities: a) online work organization Board, receiving notification, denounces crime, and recommended prosecution, classification and transfer immediately to the competent authorities to resolve; directly addressed elements, report on and make recommendations to prosecute crimes in the jurisdiction of the investigating police agency;
b) the investigation of the criminal case on the crime especially serious, complicated, involving many local or foreign investigative jurisdiction of the investigating police agency provincial police but found need to directly investigate;
c) make check, guide, steer business to investigate and examine the observance of the law in the receipt, notification, denounces resolution about the crime, the prosecution recommendations and the work of the investigation, handling of crime for the police agency investigating the provincial public security , Police districts; Guide to the other organs of the people's police force was tasked to conduct a number of investigative activities conducted investigation activity;
d) recommendations to the managing departments, State agencies, social organizations apply the remedy the causes and conditions of crime raises;
DD) Organization summary, summarizing the work of reception, solve press news, responsible of the crime, the prosecution recommendations and the work of the investigation, handling of crime investigative jurisdiction of the investigating police agency in the public security people;
e) inspection of the observance of the law on criminal proceedings in jail management, keeping in detention camps, House of the custody (except the detention camps security investigation agency in the Ministry of public security);
g) complaints about the decisions, acts or proceedings concluded the content to report on violations of the laws of the investigator, Deputy Head of the police investigation agency, Ministry of public security under the provisions of the criminal law.
2. Heads, Deputy Heads of police agencies investigating the Ministry of public security: a) General Director of the Police Department, crime is the heads of police investigation;
b) a Vice General Director of the Police Department, crime is the permanent agency heads Deputy cops investigate;
c) a Deputy General Director of the Police Department, crime-fighting agencies in charge Of the Police Department, fighting crime in Ho Chi Minh City's Deputy Heads the police investigation;
d) Chief and a Deputy Chief of investigating police agency Ministry of public security (in charge of the representative offices in Ho Chi Minh City) is Deputy Head of the police investigation agency;
the Bureau Chief): police investigate the crime of social order, the criminal investigation police about drugs, the police investigate the crime on economic and management officials, police investigate crimes of corruption are Deputy Heads of investigating police agency Ministry of public security.

Article 7. The duties and powers of the Office of the investigating police agency Ministry of public security in criminal investigation activities 1. Online organizations ban, receiving notification, denounces crime, and recommended prosecution, classification and transfer immediately to the Agency, the unit has jurisdiction; cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating The police solved assignment decision denounces crime reports, and recommended prosecution. In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
2. The investigation of the criminal offence object is clear about the crime especially serious, complicated, involving many local or foreign investigative jurisdiction of the investigating police agency-level public security departments (except the criminals on drugs) but heads the police investigating The police deem it necessary to directly investigate; the criminal case is clear criminal object specified in Chapter XVII, article 224, 225, 226, 226a, 226b, 244 of the criminal code in 1999 under the authority of the police agency investigation of the investigation by the Ministry of public security agencies, other units moved to.
3. Hosted, in cooperation with the relevant evaluation unit criminal according to assignment of Heads of police investigating the Ministry of public security. 4. Track, hosted, in cooperation with the relevant units to direct the settlement of the criminal case was clearly the criminals (except in the case of drugs) by the investigating police agency public security provincial consultation.
5. Help heads the police investigating The police: a) check the observance of the law in the receipt, notification, denounces resolution about the crime, the prosecution recommendations and the work of the detention, arrest, investigation, handling of criminal investigation police organs of public security levels;
b) inspection of the observance of the law on criminal proceedings in jail management, keeping in detention camps, House of the custody (except the detention camps security investigation agency in the Ministry of public security);
c) guide the other organs of the people's police force was tasked to conduct a number of investigative activities conducted investigation activity;
d) preliminary organization, sum; tracking, periodic statistics by month, three months, six months, one year receiving work, solve press news, responsible of the crime, the prosecution recommendations and the work of the detention, arrest, investigation, handling of criminal police agency Ministry of public security investigation agency, the police investigation of the public security of the people.
DD) complaints about the decisions, acts or proceedings concluded the content to report on violations of the laws of the investigator, Deputy Head of the police investigation agency, Ministry of public security under the provisions of the criminal law.
6. track, proposals, directly requested assistance to criminal justice, extradition in function, the task of investigating police agency; in cooperation with the relevant units in the investigating police agency Ministry of public security made international cooperation in criminal proceedings.
7. Management of the seal of the investigating police agency Ministry of public security and a stamp printed copy of representative body investigating police agency Ministry of police in Ho Chi Minh City.
Article 8. The duties and powers of the Bureau of criminal investigation police about social order in criminal investigation activities 1. Receiving notification, denounces crime, and recommended prosecution; cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating The police solved assignment decision denounces crime reports, and make recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
Monthly report, heads the police investigating The police (through the Office of the investigating police agency Ministry of public security) on the work of receiving, resolution denounces crime reports, and recommended prosecution.
2. The investigation of the criminal case of the crime stipulated in the chapter XII, XIII, XIV, XV, XIX, XX, XXII of the criminal code in 1999 under the authority of the Agency investigation of police investigating the Ministry of public security (except for the crimes under the jurisdiction of the investigation of the criminal investigation police Bureau of order and economic management) direct detection through specialized projects struggle or in the professional judgment of the criminal investigation police about social order provincial police moved up due to the difficulty in breaking projects.
3. In coordination with the unit involved evaluation of the criminal according to assignment of Heads of police investigation of Ministry of public security. 4. Tracking, directing the project, solving criminal unknown criminals by investigating police agency provincial police (criminal investigation police about social order) please comments.
Article 9. The duties and powers of the police to investigate crime on economic management and order of precedence 1. Receiving notification, denounces crime, and recommended prosecution; cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating The police solved assignment decision denounces crime reports, and make recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
Monthly report, heads the police investigating The police (through the Office of the investigating police agency Ministry of public security) on the work of receiving, resolution denounces crime reports, and recommended prosecution.
2. The investigation of the criminal case of the crime stipulated in Chapter XVI, section B of chapter XXI, 139, 140, 141, 142, 143, 144, 145 Chapter XIV (in the case of the object taking advantage of legal personality of the Organization, agency, Enterprise contracting economy to Sin) and Article 251 of the Penal Code in 1999 under the authority of the police agency investigation the investigation by the public security Ministry directly detected through specialized projects struggle or in the professional judgment of the criminal investigation police about economic management order and provincial public security officials moved up due to the difficulty in breaking projects.
3. In coordination with the unit involved evaluation of the criminal according to assignment of Heads of police investigation of Ministry of public security. 4. Tracking, directing the project, solving criminal unknown criminals by investigating police agency provincial police (criminal investigation police about order and economic management) please comments.
Article 10. The duties and powers of the police to investigate crime on narcotics in criminal investigation activities 1. Receiving notification, denounces crime, and recommended prosecution; cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating The police solved assignment decision denounces crime reports, and make recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
Monthly report, heads the police investigating The police (through the Office of the investigating police agency Ministry of public security) on the work of receiving, resolution denounces crime reports, and recommended prosecution.
2. The investigation of the criminal case on the crime especially serious, complex, the case involves many local or foreign investigative jurisdiction of the investigating police agency public security provincial provisions in Chapter XII of the Penal Code in 1999 but heads the police investigating The police deem the need directly investigation.
3. In coordination with the unit involved evaluation of the criminal according to assignment of Heads of police investigation of Ministry of public security. 4. Tracking, directing the project, solving the case due to the investigating police agency provincial police (criminal investigation police about drugs) please comments.
Article 11. The duties and powers of the police to investigate crimes of corruption in criminal investigation activities 1. Receiving notification, denounces crime, and recommended prosecution; cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating The police solved assignment decision denounces crime reports, and make recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, gathering evidence, protecting the scene to take measures promptly in accordance with the law.
Monthly report, heads the police investigating The police (through the Office of the investigating police agency Ministry of public security) on the work of receiving, resolution denounces crime reports, and recommended prosecution.
2. The investigation of the criminal case of the crimes specified in section A of Chapter XXI of the Criminal Code of 1999 due to directly detect; the service of corruption by government inspectors and the ministries moved to investigative jurisdiction of the investigating police agency Ministry of public security. Category 2 INVESTIGATING POLICE AGENCIES and UNITS in the POLICE AGENCY INVESTIGATING the PROVINCIAL POLICE article 12. The duties and powers of police agencies in the investigation of public security provincial level

1. duties and powers of police agencies in the investigation of public security in provincial criminal investigation activities: a) online work organization Board, receiving notification, denounces crime, and recommended prosecution; classify and transfer immediately to the competent authorities to resolve; directly addressed elements, report on and make recommendations to prosecute crimes in the jurisdiction of the investigating police agency public security;
b) the investigation of the criminal case on charges of breaking the rules from chapter XII to Chapter XXII of the criminal code in 1999 when the crime that in the jurisdiction of the provincial courts (except the crimes under the jurisdiction of the investigating agency investigation of the Supreme People's Procuracy and investigative Security Agency of the people's public security); the crimes under the jurisdiction of the Agency investigation of police district level but found need to directly investigate;
c) make check, guide, steer business to investigate and examine the observance of the law in the receipt, notification, denounces resolution about the crime, the prosecution recommendations and the work of the investigation, handling of crime for the police agency investigating the police at district level; Guide to the other organs of the people's police, the provincial police is tasked to conduct some investigation activities undertaken investigative activities;
d) inspection of the observance of the law on criminal proceedings in jail management, keeping in detention camps, House of the custody in provincial public security, police districts;
DD) recommendations to the managing departments, State agencies, social organizations apply the remedy the causes and conditions of crime raises;
e) preliminary organization, summarizing the work of reception, solve press news, responsible of the crime, the prosecution recommendations and the work of the investigation, handling of crime within the scope of the functions, duties and powers of police agencies in the investigation of public security;
g) complaints about the decisions, acts or proceedings concluded the content to report on violations of the laws of the investigator, Deputy Head of the police agency investigating the provincial public security under the provisions of the criminal law.
2. Heads, Deputy Heads of police agencies investigating the provincial public security: a) Deputy Director in charge of the police force system, crime is heads the police investigating the police;
b) Chief of investigating police agency is the permanent agency heads Deputy Police provincial public security investigation; a Deputy Chief of the police investigation agency heads Deputy Police provincial public security;
c) Chief and a Deputy Chief of the criminal investigation police about social order (in charge of the proceedings) is Deputy Head of the police investigation agency-level public security departments.
Private criminal investigation police about the social order of public security of the city of Hanoi, Hai Phong, Ho Chi Minh City-appointed Chief and two Deputy head (in charge of the proceedings and verdict) is Deputy Head of the police agency investigating the police;
d) head of the room: police investigate crime on economic management and service, the criminal investigation police about drugs is the Deputy Head of the police investigation agency-level public security departments.
Article 13. The duties and powers of the Office of the investigating police agency provincial police in criminal investigation activities 1. Online organizations ban, receiving notification, denounces crime, and recommended prosecution, classification and transfer immediately to the Agency, the unit has jurisdiction; cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating the police issued the decision assigned settlement trust, denounces crime report and recommendation to prosecute. In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
2. The investigation of the criminal cases that have clear criminal jurisdiction subjects investigated by the investigating police agency public security provincial level due to auto detect and because the Agency, other units moved to the investigating police agency-level public security departments (except the crime of drugs and the critical services); the crimes under the jurisdiction of the Agency investigation of police investigating police districts (General investigation team) but heads the police provincial public security investigation deems necessary to direct the investigation.
3. Hosted, in cooperation with the relevant evaluation unit in the criminal investigative jurisdiction of the investigating police agency public security provincial-level public security according to the assignment of police heads the police investigation.
4. Tracking, direct the settlement of the criminal case was clearly the criminals (except the drug-crime) by the investigating police agency-level public security please comments.
5. Help heads the police investigating the police provincial level: a) check the observance of the law in the receipt, notification, denounces resolution about the crime, the prosecution recommendations and the work of the detention, arrest, investigation, handling of criminal police agency investigating the provincial public security , Police districts;
b) inspection of the observance of the law on criminal proceedings in jail management, keeping in detention camps, the provincial public security Department of the custody, the police at district level;
c) guide the other organs of the people's police force was tasked to conduct a number of investigative activities conducted investigation activity;
d) preliminary organization, sum; tracking, periodic statistics by month, three months, six months, one year receiving work, solve press news, responsible of the crime, the prosecution recommendations and the work of the detention, arrest, investigation, handling of criminal police force in provincial public security people, reports of police heads The police investigations (through the Office of the investigating police agency Ministry of public security);
DD) complaints about the decisions, acts or proceedings concluded the content to report on violations of the laws of the investigator, Deputy Head of the police agency investigating the provincial public security under the provisions of the criminal law.
6. the Agency's seal management police investigate police.
Article 14. The duties and powers of criminal investigation police about social order in criminal investigation activities 1. Receiving notification, denounces crime, and recommended prosecution. Cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating the police issued the decision assigned settlement trust, denounces crime report and recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
Monthly report, heads the police investigating the police provincial level (through the Office of the investigating police agency provincial police) about the reception work, solve press news, responsible of the crime, and recommended prosecution.
2. The investigation of service importance; the criminal unknown criminals and criminal clear criminals due to auto detect on the crime prescribed in the chapter XII, XIII, XIV, XV, XIX, XX, XXII of the criminal code in 1999 when the crime that in the jurisdiction of the provincial courts (except the crimes under the jurisdiction of the investigating authorities the Supreme People's Procuracy, the investigation of the security police, the criminal investigation police about order and economic management); the crimes under the jurisdiction of the Agency investigation of police investigating police districts (criminal investigation police team on social order) but heads the police provincial public security investigation deems necessary to direct the investigation.
3. In coordination with the unit involved evaluation of the criminal according to the assignment of police heads the police investigation.
4. Tracking, directing the project, solving the case unknown criminals by police agencies investigating the police districts (criminal investigation police team on social order) please comments.
Article 15. The duties and powers of the police to investigate crime on economic management order and position in criminal investigation activities 1. Receiving notification, denounces crime, and recommended prosecution. Cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating the police issued the decision assigned settlement trust, denounces crime report and recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
Monthly report, heads the police investigating the police provincial level (through the Office of the investigating police agency provincial police) about the reception work, solve press news, responsible of the crime, and recommended prosecution.
2. The investigation of the criminal case unknown criminals and criminal clear criminals due to self discovery of the crime stipulated in Chapter XVI, chapter XXI, 139, 140, 141, 142, 143, 144, 145 Chapter XIV (in the case of criminals taking advantage of the Agency's legal personality business, organization, taking advantage of the economic contract signed to Sin) of the criminal code in 1999 when the crime that in the jurisdiction of the provincial courts; the crimes under the jurisdiction of the Agency investigation of police investigating police districts (criminal investigation police team on economic management order and position) but heads the police provincial public security investigation deems necessary to direct the investigation.

3. In coordination with the unit involved evaluation of the criminal according to the assignment of police heads the police investigation.
4. Tracking, directing the project, solving the case unknown criminals by police agencies investigating the police districts (criminal investigation police team of order and economic management) please comments.
Article 16. The duties and powers of the police to investigate crime on narcotics in criminal investigation activities 1. Receiving notification, denounces crime, and recommended prosecution. Cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating the police issued the decision assigned settlement trust, denounces crime report and recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
Monthly report, heads the police investigating the police provincial level (through the Office of the investigating police agency provincial police) about the reception work, solve press news, responsible of the crime, and recommended prosecution.
2. The investigation of the criminal case on charges of violations of the provisions of Chapter XVIII of the criminal code in 1999 when the crime that in the jurisdiction of the provincial people's Court; the crimes under the jurisdiction of the Agency investigation of police investigating police districts (criminal investigation police team on drugs) but heads the police provincial public security investigation deems necessary to direct the investigation.
3. In coordination with the unit involved evaluation of the criminal according to the assignment of police heads the police investigation.
4. Tracking, directing the project, solving the case because police agencies investigating the police districts (criminal investigation police team on drugs) please comments.
Item 3 the INVESTIGATING POLICE AGENCY and the UNIT INVESTIGATING POLICE AGENCY-LEVEL PUBLIC SECURITY article 17. The duties, powers and organization of the investigating police agency-level public security 1. The duties and powers of police agencies investigating the police at district level in criminal investigation activities: a) online work organization Board, receiving notification, denounces crime, and recommended prosecution; classify and transfer immediately to the competent authorities to resolve; directly addressed elements, report on and make recommendations to prosecute crimes in the jurisdiction of the investigating police agency-level public security;
b) the investigation of the criminal case on charges of violations of the provisions of the chapter from the chapter XII to Chapter XXII of the criminal code in 1999 when the crime that in the jurisdiction of the people's courts of districts (except for the crimes under the jurisdiction of the investigating agency investigation of the Supreme People's Procuracy and investigative Security Agency in The an people);
c) recommendations to the managing departments, State agencies, social organizations apply the remedy the causes and conditions of crime raises;
d) test, guide, social public security police stations, rumors the task of receiving, sorting, denounces reports about crime;
DD) inspection of the observance of the law on criminal proceedings in jail management, keep in custody the police House at the district level;
e) preliminary organization, summarizing the work of reception, solve press news, responsible of the crime, the prosecution recommendations and the work of the investigation, handling of criminal police agency investigating the police at district level;
g) complaints about the decisions, acts or proceedings concluded the content to report on violations of the laws of the investigator, Deputy Head of the police agency investigating the police districts under the provisions of the criminal law.
2. Organization of the investigating police agency-level public security: public safety Director level the base crime situation, physical facilities, personnel number, the number of local investigators, the proposed Minister of public security (through the General Directorate of the Police Crime Prevention Bureau, build people's police force) review , decided to organize the investigating police agency-level public security accordingly. The Organization of the police agency investigating the police districts must ensure the following requirements: a) each team investigating police agency investigating the police districts must have minimum 3 (three) investigators. When not enough 03 (three), the investigators have not yet established a new team;
b) investigating police agency-level public security held only 1 (one) team investigating the common name is investigating police team. This team performed the duty of investigating police agency-level public security, which has a dedicated to perform functions and tasks of the General investigation team;
c) investigating police agency-level public security held 2 (two), the investigation team established the General investigation team; merger of criminal investigation police team on social order, the police team investigating the crime of order and economy management, criminal investigation police team on drugs and took the name called the police team investigating criminal offenses, economic and drugs;
d) investigating police agency-level public security held 03 (three), the investigation team established the General investigation team, the police team investigating the crime of social order, the police team investigating the merger of crime on economic management and order of precedence, the criminal investigation police about drugs and took the name called the police team investigating the crime of Economics and drugs;
DD) investigating police agency-level public security held 4 (four), the investigation team established the General investigation team, the police team investigating the crime of social order, the police team investigating the crime of order and economy management, criminal investigation police team on drugs.
3. Heads, Deputy Heads of police agencies investigating the police at district level: a) police district level police heads is investigating the police at district level;
b) A Deputy Head of the public security system in charge of district-level police force, crime is the Deputy Head of the police agency investigating the police at district level. As for the police agency investigating the police districts in the city every year, accepting the investigation on 200 (two hundred) the case then can arrange 2 (two) Deputy Heads the police investigating the police at district level.
Article 18. Duties, powers of general investigation team in criminal investigation activities 1. Online organizations ban, receiving notification, denounces crime, and recommended prosecution; classify and transfer immediately to the Agency, the unit has jurisdiction; cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating the police at district level decision assigned to solve denounces crime reports, and recommended prosecution. In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
2. The investigation of the criminal case was clearly the criminals under the jurisdiction of the Agency investigation of police investigating police districts (except the drug offenses) due to auto detect and because the Agency, other units moved to the investigating police agency-level public security.
3. Hosted, in cooperation with the relevant evaluation unit criminal according to assignment of Heads of police investigating police district level.
4. Help heads the police investigating the police at district level: a) check the observance of the law in the receipt, notification, denounces resolution about the crime, the prosecution recommendations and the work of the detention, arrest, investigation, handling of criminal police agency investigating the police at district level;
b) inspection of the observance of the law on criminal proceedings in jail management, kept at the detention in police districts;
c) test, the social public security guidelines, the police station, made the task of receiving, sorting, denounces reports about crime;
d) preliminary organization, sum; tracking, periodic statistics by week, month, three months, six months, one year receiving work, solve press news, responsible of the crime, the prosecution recommendations and the work of the detention, arrest, investigation, handling of criminal police agency investigating the police districts, reported the police heads the provincial public security investigation (through the Office of the investigating police agency public security province level).
DD) complaints about the decisions, acts or proceedings concluded the content to denounce acts of violation of the laws of the investigator, Deputy Head of the police agency investigating the police districts under the provisions of the law of criminal procedure;
5. the Agency's seal management police investigate police district level.
Article 19. The duties and powers of the police team investigating the crime of social order in criminal investigation activities 1. Receiving notification, denounces crime, and recommended prosecution. Cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating the police at district level decision assigned to solve denounces crime reports, and make recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
Periodically downloads, reports the heads of police investigating police districts (through team investigates General) on the work of receiving, solve press news, responsible of the crime, and recommended prosecution.

2. The investigation of the criminal case unknown criminals and criminal clear criminals due to auto detect on the crime prescribed in the chapter XII, XIII, XIV, XV, XIX, XX, XXII of the criminal code in 1999 when the crime that in the jurisdiction of the people's courts of districts (except for the crimes under the jurisdiction of things investigation of the investigating authorities of the Supreme People's Procuracy, the investigation of the security police, the criminal investigation police team on economic management order and public security offices at district level).
3. Coordination with investigating the General evaluation of the criminal according to assignment of Heads of police investigating police district level.
Article 20. The duties and powers of the police team investigating the crime of economic management order and position in criminal investigation activities 1. Receiving notification, denounces crime, and recommended prosecution. Cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating the police at district level decision assigned to solve denounces crime reports, and make recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, gathering evidence, protecting the scene to take measures promptly in accordance with the law.
Periodically downloads, reports the heads of police investigating police districts (through team investigates General) on the work of receiving, solve press news, responsible of the crime, and recommended prosecution.
2. The investigation of the criminal case unknown criminals and criminal clear criminals due to self discovery of the crime stipulated in Chapter XVI, chapter XXI, 139, 140, 141, 142, 143, 144, 145 Chapter XIV (in the case of criminals taking advantage of the Agency's legal personality organizations, businesses, taking advantage of the economic contract signed to Sin) of the criminal code in 1999 when the crime that in the jurisdiction of the people's courts at the district level.
3. Coordination with investigating the General evaluation of the criminal according to assignment of Heads of police investigating police district level.
Article 21. The duties and powers of the police team investigating the crime on narcotics in criminal investigation activities 1. Receiving notification, denounces crime, and recommended prosecution. Cases in the jurisdiction of the Agency, the construction plan to resolve reported heads the police investigating the police at district level decision assigned to solve denounces crime reports, and make recommendations to prosecute; If not in jurisdiction then after receiving the transfer immediately to the Agency, the competent investigation unit attached to the relevant documentation (if any). In case of urgency, the immediate need to prevent offences, collect documentary evidence, protect the scene must take measures promptly in accordance with the law.
Periodically downloads, reports the heads of police investigating police districts (through team investigates General) on the work of receiving, solve press news, responsible of the crime, and recommended prosecution.
2. The investigation of the criminal case on charges of violations of the provisions of Chapter XVIII of the criminal code in 1999 when the crime that in the jurisdiction of the people's courts at district level.
3. Coordination with investigating the General evaluation of the criminal according to assignment of Heads of police investigating police district level.
Chapter III DUTIES and powers of the SECURITY AGENCIES to INVESTIGATE the CRIMINAL INVESTIGATION ACTIVITIES in Article 22. The duties and powers of the Security Agency, Ministry of public security investigation 1. The duties and powers of the security agencies to investigate The police in criminal investigation activities: a) online work organization Board, receiving notification, denounces crime, and recommended prosecution; classify and transfer immediately to the competent authorities to resolve; directly addressed elements, report on and make recommendations to prosecute crimes in the jurisdiction of the security agencies to investigate;
b) the investigation of the case of the crime is especially serious, complicated, involving many local or foreign jurisdiction to investigate the Security Agency's provincial police investigation but found need to directly investigate;
c) test, the Guide, steer business to investigate and examine the observance of the law in the investigation, handling of criminal investigation security agencies of public security; guide the other institutions of the security forces in public security people is tasked to conduct some investigation activities conducted investigation activity;
d) recommendations to the managing departments, State agencies, social organizations apply the remedy the causes and conditions of crime raises;
DD) Organization summary, summarizing the work of reception, solve press news, responsible of the crime, the prosecution recommendations and the work of the investigation, handling of crime within the scope of the functions, duties and powers of the security agencies in the investigation of public security of the people;
e) complaints about the decisions, acts or proceedings concluded the content to report on violations of the laws of the investigator, Deputy Heads of security agencies in The investigation of public security under the provisions of the law of criminal procedure;
2. Heads, Deputy Heads of the security agencies to investigate The police: a) Deputy Director of Homeland Security in charge of the Security Bureau II investigation heads of security agencies are investigating;
b) Director of security investigation is Deputy Minister of security investigation agency; the Deputy Homeland Security investigation as Deputy Heads of the security agencies to investigate the Ministry of public security. Article 23. The duties and powers of the security agencies to investigate the provincial public security 1. The duties and powers of the security agencies to investigate the provincial police in criminal investigation activities: a) receiving notification, denounces crime, and recommended prosecution, classification and transfer immediately to the competent authorities to resolve; directly addressed elements, report on and make recommendations to prosecute crimes in the jurisdiction of the security agencies in the investigation of public security;
b) the investigation of the criminal case on charges of violations of the provisions of Chapter XI, Chapters XXIV and the crimes prescribed in articles 180, 181, 221, 222, 223, 230, 230a, 231, 232, 236, 230b, 263, 264, 274 and 275 of the criminal code in 1999 when the crime that in the jurisdiction of the provincial courts;
c) recommendations to the managing departments, State agencies, social organizations apply the remedy the causes and conditions of crime raises;
d) preliminary organization, sum; tracking, periodic statistics by month, three months, six months, one year receiving work, solve press news, responsible of the crime, the prosecution recommendations and the work of the investigation, the criminal processing of people's security forces in provincial public security, reported the heads of security agencies to investigate the Ministry of public security (through the Security Bureau investigation);
DD) complaints about the decisions, acts or proceedings concluded the content to report on violations of the laws of the investigator, Deputy Heads of security agencies to investigate the provincial public security under the provisions of the criminal law.
2. Heads, Deputy Heads of the security agencies to investigate the provincial public security: a) Deputy Director of the provincial police in charge of Security Affairs is head of Security Agency investigation of public security;
b) Chief of security police investigation is Deputy Minister of security agencies in the investigation of public security; a Deputy Head of the security investigation (in charge of the criminal investigation work) is the Deputy Heads of the security agencies to investigate the provincial police.
Chapter IV the TASKS and powers of the ORGANS of PUBLIC SECURITY PEOPLE is TASKED to CONDUCT SOME INVESTIGATION ACTIVITIES article 24. Reception, resolving denounces crime reports, other organs of the people's police is tasked to conduct some investigation activities are responsible for receiving notification, denounces crime. After receiving notification, the responsible of the crime (even when auto detect behavior, the signs of the crime) is responsible for the immediate transfer of the notification, the responsible of the crime is accompanied by the relevant documents have been received for the investigating authorities have the jurisdiction to resolve. The case when performing tasks in the field of management of detected or to receive notification of news, denounces crimes have clear signs of crimes, the jurisdiction of the investigation his agency just reported immediately in writing to the Agency the same level (does not have to submit the relevant documents attached) and decided to prosecute the criminal provisions of the law criminal proceedings.
Article 25. Investigating powers of the organs of the people's police force was tasked to conduct a number of investigative activities 1. Traffic police-railways, road traffic police-or railway traffic Police Department (for the provinces not to establish police road-rail transport) while doing the task that detected the signs of crimes stipulated in articles 202 , 203, 204, 205, 206, 207, 208, 209, 210 and 211 of the Penal Code in 1999, the Director of the Police Department of rail-road traffic, head of traffic police-railways (or Chief of traffic police) decision to prosecute the case, testimony, examination of the scene review, examination, seizure, detention and preserving physical evidence, material directly related to the case, to transfer the case file to the competent investigation police within 7 (seven) days from the date of the decision to prosecute the case.

2. waterway police, the waterway police or traffic police (for the non-establishment of the waterway police) while doing the task that detected the incident happened on the waterway signs crime investigative jurisdiction of the investigating police agency, the Director of Department of waterway police , Head of the waterway police (or the Chief of traffic police) decision to prosecute the case, testimony, examination of the scene, examine, seizure, detention and preserving physical evidence, material directly related to the case, to transfer the case file to the competent investigation police within 7 (seven) days from the date of the decision to prosecute the case.
3. fire police, fire and rescue, rescue, fire police, fire and rescue, rescue while doing the task that detected the signs of crimes stipulated in articles 232, 234, 238, 239 and 240 of the Penal Code in 1999 then the Bureau Chief Police Department Fire Department , fire and rescue, rescue, head of the fire police, fire and rescue, rescue has the power to prosecute the case, testimony, examination of the scene, examine, seizure, detention and preserving physical evidence, material directly related to the case, to transfer the case file to the competent investigation police within 7 (seven) days from the date of the decision to prosecute the case.
4. Police Department administrative management of social order, the police administration of social order while doing the task that detected the signs of crimes stipulated in articles 230, 232, 233, 234, 235, 240, 245, 257, 266, 267, 268 and 273 of the criminal code in 1999, the Director of police administration of social order , Head of the police administration of social order the decision to prosecute the case, testimony, examination of the scene, examine, seizure, detention and preserving physical evidence, material directly related to the case, to transfer the case file to the competent investigation authority within a period of 7 (seven) days from the date of the decision to prosecute the case.
5. Police protection, police protection while doing the task that detected the signs of crimes provided for in articles 245, 257, 305, 306, 311, and 312 of the criminal code in 1999, the Director General of police protection, the Chief of police to protect the decision to prosecute the case. , testimony, examination of the scene, examine, seizure, detention and preserving physical evidence, material directly related to the case, to transfer the case file to the competent investigation police within 7 (seven) days from the date of the decision to prosecute the case.
6. the detention internment camp, while doing the task that detected crimes related to custodial management or detect who's detention, custody, imprisonment sentence enforcement have jurisdiction offences investigated by the investigating police agency in the people's police, the Superintendent of detention Camps Detention supervisor, the decision to prosecute the case, testimony, examination of the scene, examine, seizure, detention and preserving physical evidence, material directly related to the case, to transfer the case file to the competent investigation police within 7 (seven) days from the date of the decision to prosecute the case. The case of the prisoner are Executive imprisonment sentence in jail escape, the detention decision supervisor wanted.
7. Police Department crime prevention regarding the environment, police, crime on the environment while doing the task that detected the signs of crimes stipulated in Chapter XVII and article 244 of the Criminal Code of 1999, the environmental Police Director, Chief of the environmental police decision to prosecute the case. , testimony, examination of the scene, examine, seizure, detention and preserving physical evidence, material directly related to the case, to transfer the case file to the competent investigation police within 7 (seven) days from the date of the decision to prosecute the case.
8. The case of the other organs of the police force in public security people is tasked to conduct some activities uncovered signs of criminal behavior need to apply preventive measures or the incident happened near the competent institution must then notify the investigating agency has the authority to review the decision to prosecute , investigation.
Article 26. Investigating powers of the organs of the people's security force is tasked to conduct an active investigation of The Security Bureau, security rooms in provincial public security directly fight the crime prevention provisions in Chapter XI, Chapters XXIV and the crimes prescribed in articles 180 , 181, 221, 222, 223, 230, 230a, 231, 232, 236, 230b, 263, 264, 274 and 275 of the criminal code in 1999, while doing his mission that discovered the signs of crime, the Bureau Chief, head of the Security Department of the provincial public security decision to prosecute the case, testimony , examination of the scene, examine, seizure, detention and preserving physical evidence, material directly related to the case; When found need to stop right now who have the offense to flee, destroy evidence or continue to perform the crime solving right that person to the police and would soon arrest the Agency's emergency authority; within 7 (seven) days from the date of the decision to prosecute the case must turn the case file to the competent investigation security.
The security team in the police at district level while making his task that detected the signs of crimes under the jurisdiction of the investigation of the security agencies to investigate the provincial public security shall proceed immediately to the arrested person of the offence escape, testimony, capturing , the custody and preservation of physical evidence, material directly related to the case and notify the security investigation agency.
Chapter V RESPONSIBILITIES of SOCIAL PUBLIC SECURITY, POLICE STATIONS, in RECEIVING, CLASSIFYING, DENOUNCES REPORTS ABOUT CRIME, article 27. The responsibility of receiving, sorting, denounces reports about crime 1. Social public security, police stations, are responsible for receiving notification, elements of crime under the provisions of the code of criminal proceedings in 2003, circular No. 06/2013/TTLT-BCA-BQP-BTC-BNN & RURAL DEVELOPMENT-VKSNDTC on 02/8/2013 of the Ministry of public security, the Ministry of defence, the Ministry of finance, Ministry of agriculture and rural development. , The Supreme People's Procuracy guiding the implementation of the provisions of the code of criminal procedure of reception, solve press news, responsible of the crime, and recommended prosecution.
2. When receiving information related to crime (including cases auto detect while on duty), social public security, police stations, are responsible for the initial preliminary verification to sorting. If the identified information that is responsible, reports about the crime then transfer immediately denounces, reports about crime that accompanied the documents relevant for investigating authorities competent to solve; the case determine the information that is not responsible, reports about the crime handled under other provisions of law.
Article 28. The responsibility of the social public security, police stations, in some specific cases 1. The case of offenders receiving funeral by the people to then proceed to record-setting catch offenders tang, who draw a diagram or protect the scene, testimony, seizure, custody and preservation of evidence, the relevant documents directly to the resolution; at the same time, notify the police agency investigating the police at district level.
The event receiver who is wanted by the people arrested, to then proceed to establish the minutes of getting people who are wanted, testimony; at the same time, notify the police agency investigating the police at district level.
Cases of guilty object reception by the people, not to award in the case arrested offenders tang, who is wanted, then proceed up scenario, people draw diagrams or protect the scene, testimony, seizure, custody and preservation of evidence, the relevant documents directly to the resolution; at the same time, notify the police agency investigating the police at district level.
2. in case of receiving notification, denounces about criminal acts are taking place in the area, they must promptly organize troops to the scene immediately, when it deems necessary to prevent right person of the offence escape, destroy evidence or continue to perform the crime solving right that person about institutions , draw diagrams or protect the scene, set up the minutes, testimony, seizure, detention and preserving physical evidence directly relevant to the settlement; at the same time, notify the police agency investigating the police at district level.
When the case came to the scene, the fugitive offender shall immediately conduct the review, testimony, seizure, custody and preservation of evidence, the relevant documents directly to the resolution; at the same time, notify the police agency investigating the police at district level.
3. in case of the victim or their relatives directly to social public security, police station, to report about yourself or loved ones like to be invasive (occurs on the level of public security police stations, rumors, Township Manager) then the instructions they do form, set up a single reception report , proceed immediately to check, the initial verification, if the determination is that crime, then denounces moved immediately denounces crime along the relevant documents to the police investigating the police at district level.
Chapter VI CRIMINAL INVESTIGATION ACTIVITIES of HEADS, DEPUTY HEADS of the INVESTIGATION, INVESTIGATOR, INVESTIGATION OFFICERS in the PEOPLE'S PUBLIC SECURITY section 1 DUTIES and powers of DEPUTY heads, HEADS of INVESTIGATION, INVESTIGATOR, INVESTIGATION OFFICERS Article 29. The duties and powers of Deputy Heads, heads of the investigation, the investigator, the investigating officer

1. in criminal investigation activities, heads, Deputy Heads of the investigation, the investigator, the investigating officer must comply fully, the text direction of the party, the provisions of the law and of the Ministry of public security is related to the criminal investigation work; research frequently, learning to raise the level of politics, law, foreign languages, professional investigation, the necessary expertise in the areas relevant to the work of the investigation, handling of crime.
2. Investigator, investigating officers have to make right, full of instructions, orders, decisions of the investigating agency heads, Deputy Heads of the investigation was assigned to direct the direction to investigate the case. Investigating officers assist investigators in performing the investigation activities.
3. When are the heads of investigation assigned to the criminal investigation, the investigator must apply all legal measures to determine the facts of the case in an objective, comprehensive and complete, clarify the evidence determine guilt and evidence determined not guilty , the aggravating and the mitigating criminal responsibility of the accused. The proposed research, the heads of the investigation summary, summarizing experiences results held in the criminal investigation.
4. Investigators are responsible before the law and heads, Deputy Heads of the investigation on the behavior and its decision. The investigating officer must be responsible before the law and heads, Deputy Heads of the investigation about his behavior.
Article 30. Responsible for keeping secret the news of investigation documents, investigators, investigating officers 1. Confidential investigation under the provisions of the law on the protection of State secrets and is responsible before the law about to reach, the information in a secret investigation of the case.
2. Only the provided documentation, news and answers mass information bodies, other bodies concerned on the contents of the case due to his own investigation when the heads or Deputy Heads of agency agree in writing.
3. The news, documents, collected by professional measures are administered according to the confidential document mode.
4. the investigator must secure classification of documents in the case file and management according to the provisions of the law on the protection of State secrets. If required to use the documents stamped secret levels to cater for criminal activity, they must do the procedures reported leadership authority decision declassified under the provisions of the law.
5. Investigators must inform and ask the participants in the proceedings, the witness not revealed a secret investigation and must be recorded in the minutes of investigative activities.
Article 31. The investigation, the investigating officer was not made 1. Investigators, investigating officers were not doing these things is regulated in article 33 Ordinance organized criminal investigations in 2004.
2. In the course of performing their duties, investigator, investigation officers must accept the strictly following regulations: a) Not be receptive, solve press news, denounces about crime and single, complaint, denouncing the rules or not heads, Deputy Heads of the investigation division;
b) Not be relatives (including his paternal grandparents, parents, adoptive parents, parents spouse side, sibling, sibling or spouse wife party, child, adopted child) of the accused, the person detained or others concerned in any location, except by the professional requirements must be agreed by heads or Deputy Head of the investigation agency;
c) where the accused or relatives, friends of the accused, the person with custody automatically to the home of investigators, investigating officers or meet the investigators, investigating officers outside the police headquarters, the investigators, the investigation officer to explain and ask them to come to the police headquarters to work; at the same time, must be reported immediately to the heads or Deputy Heads of the investigation to know;
d) Not be eating, get presents, money or other benefits of the accused or relatives, friends of the accused, the person detained or who are related to the case. If relative, friend of the accused, the person detained and people related to the case intentionally courtesy, for, gifts, money or other benefits, investigator, investigation officer must refuse and immediately report this to the heads or Deputy Heads of authorities know to steer handle;
DD) not thanks to, harassed or gain of any kind with respect to the accused person in custody, their relatives and individuals, agencies and related organizations;
e) prohibits use or supply mớm supply, pics rape pictures of any kind;
g) is not for people who are detained, the detention is to use the phone or other media to communicate, to exchange information with others (including inside and outside detention areas, detention House), except in the special case to serve the requirements of the case it must be consent of the investigating agency heads or Deputy Heads of the investigation.
Section 2 RESPONSIBILITIES of INVESTIGATORS in SOLVING DENOUNCES, REPORTS ABOUT the crime, the PROSECUTION PETITIONS and INVESTIGATE CRIMINAL CASES Article 32. Build and execute the plan 1. When was assigned to conduct the check, verify, report denounces crime, recommendations to prosecute and investigate criminal investigator (accepting the main) responsibility to build and implement according to plan was the heads or Deputy Heads of authorities for approval. Investigators must report regularly on the progress, results with the heads or Deputy Heads of the investigation.
2. During the implementation of the plan, if new problems arise outside the plan, investigators must report in writing with the heads or Deputy Heads of authorities to ask for direction, the case cannot be delayed, as the case may be reported directly by mouth or through mass media (such as mobile phones , email ...), but be sure to secure and then have to report back in writing to save the profile.
Article 33. Make comments of heads or Deputy Heads of the investigation 1. Direction of the heads or Deputy Heads of the investigation must be in writing, direct the case orally, then investigators must record the specific, clearly written, certified by the heads or Deputy Heads of investigation and put on the record of the case (AK records).
2. No case agreed with the direction of the heads or Deputy Heads of the investigation, the investigator has the right to petition; If the heads or Deputy Heads of authorities disagree with recommendations that investigators still have to obey, but has the right to reserve their opinions and recommendations up heads superior investigations directly or heads of industry management.
Article 34. Make the decisions about criminal proceedings, orders of the heads, Deputy Heads of the investigation and the measures of investigation conducted under the provisions of the code of criminal proceedings 1. Investigators are responsible for the Organization, make serious decisions, commands about criminal proceedings by heads, Deputy Heads of the investigation according to the provisions of the criminal code in 2003 and documents detailing, guide the implementation.
2. When proposed heads or Deputy Heads of the investigation decision on criminal proceedings with respect to the object have special identities, investigators must comply with the provisions of circular No. 01/2006/TT-BCA (C11) on January 12, 2006 of Ministry of public security guidelines several contents of article 35 of the Penal Code criminal proceedings 2003 (circular No. 01/2006/ TT-BCA (C11) on January 12, 2006) and decision No 1044/2007/QD-BCA (C11) on May 9, 2007 by the Minister of public security promulgated the regulations on the assignment of responsibilities and relations of coordination in the investigation activities of the investigating police agency public security levels.
3. When execution begins, examine, levy, seizure of property, custody of assets, physical evidence in the course of criminal investigations as assigned by the heads or Deputy Heads of the investigation, the investigator is responsible for: a) elaborate and implement according to plan was the heads or Deputy Heads of agency browser , when conducted to comply with the provisions of the criminal code in 2003 and documents guiding the implementation;
b) after the execution of a warrant, the police, the capturing and preserving physical evidence, handling physical evidence are made according to the provisions of articles 75, 76 criminal law in 2003;
c) prohibits investigator self-preservation property or physical evidence of the case (except where physical evidence was put into preserving the records of the case); case investigator should use physical evidence to fight exploitation against persons detained or accused to clarify their offence, they must be the heads or Deputy Heads of authorities, the finish after use to enter the repository physical evidence as specified.
4. During the execution of a warrant, examine, levy, seizure, custody, transfer documents, physical evidence, investigators were damaged, lost, confused, not change, switch documents, physical evidence, property, objects were seized; to do a full delivery procedure, receive evidence, property, objects under the provisions of the law, the minutes must be put right into the case file.
5. The extract, apply, solve people arrested, accused lead witness award should be made in accordance with the provisions of the law and proceedings rules of the Ministry of public security on the extract, apply, leading the League and plans were heads, Deputy Heads of the investigation. The process of repression was no award for the person arrested, the accused to meet relatives, who do not have the responsibility or to of visiting families in order to ensure the absolute safety of life, health, and not to the person arrested, the accused fled, or suicide.

6. When implementing the measures as investigation: autopsy, autopsy, consider traces on the body, examine, testimony the witness, the victim; referendum question, examiner accused, identification, confront ... investigators should follow the right procedure sequence, due to the criminal law provisions and plans were heads, Deputy Heads of the investigation; set the minutes in accordance with the provisions of the criminal law, not arbitrarily fix, burn more or less content on the minutes of investigative activities.
Article 35. Summoning the participants in the proceedings When summoned, interrogate suspect in Foreign Affairs; summon testimony and witnesses, the victim, the civil plaintiff, the civil defendant, has obligations related to the case, investigators must follow rules about the procedures of the code of criminal proceedings in 2003, circular No. 01/2006/TT-BCA (C11) on January 12, 2006 and the legal texts concerned; in the process of implementing the summon notes: 1. To have the summons accused in Foreign Affairs, the witness, the victim, the civil plaintiff, the civil defendant, or people who have rights, obligations related to the case according to the list, the plan was for the heads, Deputy Heads of the investigation. Summons to the full record of the content of the summons, the participation in the proceedings of the person being summoned.
2. Summons accused in Foreign Affairs, the witness, the victim, the civil plaintiff, the civil defendant, whose rights, obligations related to the case are sent to the people's Committee of the communes, wards and towns (through the communes, wards and towns) where people were summoned to reside or organizations where managers who were summoned to the Agency moved to them.
3. the investigator not summons for accused in Foreign Affairs, the victim, witnesses or people involved in the case to switch to the accused in foreign, civil plaintiffs, civil defendants, people have rights, obligations related to the case. Case of necessity and consent of heads or Deputy Heads of the investigation, the investigator is going along with the representatives of the local government agencies to transfer the summons.
4. the investigator must continue and work with people being convened at the headquarters of the police or the people's Committee of the communes, wards, towns or agencies, the Organization of their work. Case of need and to work with the person being summoned outside where the provisions mentioned above, must be agreed by heads or Deputy Heads of the investigation.
Article 36. The relationship of investigators with the Prosecutor, the Prosecutor in criminal investigation activities 1. Investigator was assigned to investigate the case, when conducting investigative activities is responsible for sending the order or decision on criminal proceedings to the Procuratorate at the same level as defined by the criminal law.
2. Under the direction of the heads or Deputy Heads of the investigation, the investigator was assigned to investigate the case is responsible for implementing the requirements of the Institute of investigation of the Prosecutor under the provisions of the code of criminal proceedings in 2003 and circular No. 05/2004/TTLT-VKSNDTC-BCA-BQP on 7/9/2005 of the Supreme People's Procuratorate , Ministry of public security, the Ministry of defence about the relations between the authorities and the Procurator in the implementation of some provisions of the code of criminal proceedings in 2003 (circular No. 05/2004/TTLT-VKSNDTC-BCA-BQP on 07/10/2005). If the requested investigation of the Procurator are not consistent with the direction of the heads or Deputy Heads of the investigation, the investigator has a responsibility to report the heads, Deputy Heads of the investigation and follow the direction of the heads or Deputy Heads of the investigation.
3. the investigator must create favorable conditions to perform the task of Prosecutor Prosecutor obeys the law active in investigating criminal cases and coordinated conduct some investigation activities under the provisions of the law.
4. In the course of the investigation of the case, if the indication or detection of improper employment law provisions of the investigator to promptly report in writing to the heads or Deputy Heads of the investigation to know to handle according to the provisions of the law.
Article 37. The responsibility of the investigator for the implementation of the rights and obligations of participants in criminal proceedings 1. Investigators have a responsibility to ensure those involved in criminal proceedings make their rights and obligations under the provisions of the law.
2. In the process of investigating criminal cases, when working with those involved in criminal proceedings, the investigator must explain to the people about their rights and obligations under the provisions of the law and the interpretation is clearly stated in the minutes of investigative activities.
3. When the excuses, the protection of the rights of litigants, or help the legal staff participate in criminal activities, the investigators made under the provisions of the code of criminal proceedings in 2003, legal aid Act 2006, circular No. 10/2007/TTLT-BTP-BCA-TANDTC-VKSNDTC-BTC-BQP dated 28/12/2007 of the Ministry of Justice , Ministry of public security, the Ministry of defence, the Ministry of finance, the Supreme People's Procuratorate, the Supreme People's Court Guide and apply some of the provisions on legal aid in litigation activity, circular 70/2010/TT-BCA on 10/10/2009 of the Minister of public security detailing the implementation of the provisions of the code of criminal procedure concerning the assurance of right corrected in the stage of investigation of criminal cases and the legal texts concerned.
4. the investigator is responsible for presiding officers, in collaboration with detention or custody to ensure the activities of the participant's or other proceedings in accordance with the law when they meet the person detained or accused are currently in detention.
Article 38. The responsibility of the investigator in the handling of the offense for the excuses, the protection of the rights of the litigants or legal staff assistance 1. When the excuses, the protection of the rights of the litigants or legal staff assistance acts impedes, causing difficulties for the investigation activities such as: forced, incited others to report cheating, stop declaring, secrets revealed, provided false documents complaints, Petitions, no base or other unlawful behavior, then the investigator conducted up the minutes of the incident on, can record, record or conduct other measures aimed to collect documents, evidence acts impedes, making it difficult for their investigative activities.
2. Depending on the level of violation the excuses, the protection of the rights of the litigants or legal staff assistance, investigators reported the heads or Deputy Heads of agencies investigating the decision to revoke the certificates of the excuses, the certificate of the protecting the rights of the litigants or other disposal measures proposed under the provisions of the law.
Article 39. The responsibility of the investigator in the end report construction of investigation and a final conclusion in the criminal investigation 1. At the end of the criminal investigation, the investigator (acceptance) must make a report to end the investigation and suggestions to the heads or Deputy Heads of investigation statement. The end of the investigation report must clearly be evolutions of content case, reviews the evidence of crimes and acts of the offender, the opinion of the investigator handling the case, handle the accused (if there are different opinions about the point dealt with the case , the accused between the investigator must then clear each report different opinions).
2. Draft a concluded investigation suggest the prosecution or investigation conclusion to decide to suspend the investigation of the case by the investigator (accepting) built to the heads or Deputy Heads of agencies investigating the browser. Investigators made the delivery documents for the participants in the proceedings in the cases prescribed by law.
Article 40. The responsibility of the investigator in the implementation of the required additional investigation, investigate the criminal case 1. When are the heads or Deputy Heads steering investigation, investigators are assigned to investigate the case continue to make the required additional investigation, the investigation due to Procurator or the Court requires.
2. the investigator is planning additional investigations, the investigation again, the heads, Deputy Heads of the investigation. The conduct of the investigation or the additional investigation is done properly, the procedure sequence by criminal law provisions. At the end of the additional investigation or investigation, the investigator must draft a supplementary investigation or conclusions back to the heads or Deputy Heads of agencies investigating the browser.
3. After the end of the investigation, additional census records transfer, back to the Procuratorate the prosecution proposal, then the investigator must track and report, recommending timely results to solve the next processing of Procurator, court to the heads or Deputy Heads and investigation on the content of the resolution of the Procuracy The Court, if deemed not in accordance with the law.
Article 41. The responsibility of the investigator in the use of the form, the criminal proceedings and the seal of the Agency 1. Investigators are using the criminal form true purpose, the right audience, with care; not only can control stamping form criminal proceedings or for other people who use the form criminal proceedings.
2. When was assigned to accepting the investigation, investigators are investigating agency stamp on the report on the investigation by its activities or decisions about criminal proceedings the competent investigator by register as specified in circular No. 01/2006/TT-BCA (C11) on January 12, 2006.
3. The seal green pens the materials contained in the case file before the end of the investigation by the investigator to follow the provisions of point 1 Item 20 of circular No. 05/2004/TTLT-VKSNDTC-BCA-BQP on 7/9/2005.

Article 42. The responsibility of the investigator in the coordinated follow-up of people detained, the detention 1. The case of the investigator has no responsibility to meet people detained, the detention in detention areas, detention Houses, the investigator must exchange the right to Executive detention camp, a detention Home or set thereon; at the same time, the report directly with the heads or Deputy Heads of the investigation known to timely have instructions.
2. where required by the distinction that the heads or Deputy Heads of the investigation agreed, the investigator was directly receives gifts, accessories for the custody, detention and transfer to the detention Camp, Home to custody Division has the responsibility of detention Camps Receiving custody House, to transfer to the custody, detention under the rules.
43 things. The responsibility of the investigator to track the trial process in the criminal courts When the case is brought to trial, the case deem it necessary, the heads or Deputy Heads of the investigation in Exchange for the Court to send the paper invited investigators for trial (accepting). Investigator (accepting the main) responsibility to follow and the results of the trial court and timely reporting to the heads or Deputy Heads of the investigating agency to steer coordination to solve the new problems arising in the course of the trial.
Article 44. The responsibility of the investigator in the registration and management of criminal records 1. When was assigned to solve denounces, reports about crime, recommendations to prosecute or investigate the case, the investigator (acceptance) must sign on the window handle of the unit, the procedure of registration records with the records management profession and, at the same time is responsible for the strict management of records of the proceedings of the case and the procedure of registration records AK wanted audience profiles, (if any). Submission of records at the end of the investigation in accordance with the Laws and regulations of the host Ministry of public security dossier work mode.
2. for criminal records and evidence of the case when the prosecution suggested Procuracy, investigators must establish a delivery record, physical evidence attached to a full statistical records of documents, physical evidence. These documents are not in the record of the proceedings then put on records submitted to the Agency at AK'S profile.
Chapter VII ENFORCEMENT PROVISIONS Article 45. Effective enforcement of this circular effect since August 25, 2014, replace the previous regulations of the Ministry of public security criminal investigation activities in the public security of the people opposed to this circular.
Article 46. Responsibility 1. The General Director, the heads of subdivisions, Director of public security, fire police and fire department, central cities, the investigating agency heads, heads of the Agency was tasked to conduct an investigation of the activities of public security of the people in the function his mission, is responsible for implementation of this circular.
2. The Bureau of Legal Affairs and administrative reform, justice, Security Bureau II, Of the Police Department, crime is responsible, in coordination with the relevant units to monitor, inspect, guide the implementation of this circular.
3. During implementation of the circular if there are obstacles, public security units, local reports on The (through the Directorate General II, the Security Police Department crime prevention) to have timely instructions./.