Thông tư 41/2009/TT-BCA-V19

CIRCULAR

SUPPLEMENTING THE MINISTRY OF PUBLIC SECURITY'S CIRCULAR NO. 12/2004/TT-BCA(V19) OF SEPTEMBER 23, 2004, GUIDING A NUMBER OF PROVISIONS OF THE 2004 ORDINANCE ON ORGANIZATION OF CRIMINAL INVESTIGATION WITHIN THE PEOPLE'S PUBLIC SECURITY FORCE

THE MINISTER OF PUBLIC SECURITY

Pursuant to the 2004 Ordinance on Organization of Criminal Investigation; the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Organization of Criminal Investigation, which was adopted by the National Assembly Standing Committee on February 27, 2009;
Pursuant to the Government's Decree No. 136/ 2003/ND-CP of November 14, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;
In order to correctly and uniformly implement the 2004 Ordinance on Organization of Criminal Investigation and the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Organization of Criminal Investigation, which was adopted on February 27, 2009, by the National Assembly Standing Committee (below referred to as the 2009 Ordinance) within the People's Public Security Force, the Ministry of Public Security guides Clause 3, Article 1 of the 2009 Ordinance as follows:

1. To add to the end of Clause 2.1, Section II, Circular No. 12/2004/TT-BCA (VI9) of September 23, 2004, of the Ministry of Public Security, guiding a number of provisions of the 2004 Ordinance on Organization of Criminal Investigation within the People's Public Security Force, as follows:

"2.1. The investigative tasks and powers of other agencies of the People's Police which are tasked to conduct a number of investigative activities

Under the Ordinance on Organization of Criminal Investigation and Resolution No. 727/2004/NQ-UBTVQH11 of August 20.2004. of the National Assembly Standing Committee, from October 1,2004, the Road-Railway Traffic Police Department, the Waterway Traffic Police Department, the Fire Prevention and Fighting Police Department, the Police Department for Administrative Management of Social Order, the Judicial Protection and Assistance Police Department the Road-Railway Traffic Police Divisions, the Waterway Traffic Police Divisions, the Fire Prevention and Fighting Police Divisions, the Police Divisions for Administrative Management of Social Order, the Judicial Protection and Assistance Police Divisions, detention center and prisons are other agencies of the People's Police which are tasked to conduct a number of investigative activities. These units have the investigative tasks and powers as follows:

a/ If the Road and Railway Traffic Police Department or Road and Railway Traffic Police Divisions, while performing their tasks, detect matters showing signs of crimes defined in Articles 202 thru 211 of the Penal Code, the Director of the Department or heads of these Divisions shall issue decisions to initiate the cases, get testimonies, examine the scenes, search for, seize, temporarily hold in custody and preserve material evidences and documents directly related to the cases, then transfer the case files to competent investigative police agencies (defined in Article 11 of the Ordinance on Organization of Criminal Investigation) within 7 days after the issuance of the decisions.

b/ If the Waterway Traffic Police Department or Waterway Traffic Police Divisions, while performing their tasks, detect matters showing signs of crimes defined in Articles 212 thru 215 of the Penal Code, the Director of the Department or heads of these Divisions shall issue decisions to initiate the cases, get testimonies, examine the scenes, search for, seize, temporarily hold in custody and preserve the material evidences and documents directly related to the cases, then transfer the case files to competent investigative police agencies within seven days after the issuance of the decisions.

c/ If the Fire Prevention and Fighting Police Department or Fire Prevention and Fighting Police Divisions, while performing their tasks, detect matters showing signs of crimes defined in Articles 232, 234, 238, 239 and 240 of the Penal Code, the Director of the Department or heads of these Divisions shall issue decisions to initiate the cases, get testimonies, examine the scenes, search for, seize, temporarily hold in custody and preserve the material evidences and documents directly related to the cases, then transfer the case files to competent investigative police agencies (defined in Article 11 of the Ordinance on Organization of Criminal Investigation) within 7 days after the issuance of decisions to initiate the cases.

d/ If the Police Department for Administrative Management of Social Order or Police Divisions for Administrative Management of Social Order, while performing their tasks, detect matters showing signs of crimes defined in Articles 230. 232, 233, 234, 240, 245, 257, 266, 267, 268 and 273 of the Penal Code, the Director of the Department or heads of these Divisions shall issue decisions to initiate the cases, get testimonies, examine the scenes, seize, temporarily hold in custody and preserve the material evidences and documents directly related to the cases, then transfer the case files to competent investigative police agencies (defined in Article 11 of the Ordinance on Organization of Criminal Investigation) within 7 days after the issuance of the decisions.

e/ If the Judicial Protection and Assistance Police Department or Judicial Protection and Assistance Police Divisions, while performing their tasks, detect matters showing signs of crimes defined in Articles 245. 257. 305. 306, 311 and 312 of the Penal Code, the Director of the Department or heads of these Divisions shall issue decisions to initiate the cases, get testimonies, examine the scenes, search for, seize, temporarily seize and preserve the material evidences and documents directly related to the cases, then transfer the case files to competent investigative police agencies (defined in Article 11 of the Ordinance on Organization of Criminal Investigation) within 7 days after the issuance of the decisions.

f/ If detention centers or prisons detect criminal acts committed by offenders or inmates which fall under the investigative competence of investigative police agencies defined in Article 11 of the Ordinance on Organization of Criminal Investigation, the detention center superintendents or prison wardens shall issue decisions to initiate the cases, get testimonies, examine the scenes, search for, seize, temporarily hold in custody and preserve the material evidences and documents directly related to the cases, then transfer the case files to competent investigative police agencies (defined in Article 11 of the Ordinance on Organization of Criminal Investigation) within seven days after the issuance of the decisions. In cases prisoners serving their sentences escape, the prison wardens shall issue decisions to hunt for them.

h/ If the Environment Police Department or Environment Police Divisions, while performing their tasks, detect matters showing signs of crimes defined in Chapter XVII of the Penal Code, the Director of the Department or heads of these Divisions shall issue decision to initiate the cases, get testimonies, examine the scenes, search for. seize, temporarily hold in custody and preserve the material evidences and documents directly related to the cases, then transfer the case files to competent investigative police agencies (defined in Article 11 of the Ordinance on Organization of Criminal Investigation) within 7 days after the issuance of the decisions."

2. This Circular takes effect 45 days from the date of its signing.

The Directors General, heads of units attached to the Minister, Directors of provincial-level Police Departments and the Director of the Fire Provention and Fighting and Rescue Police Department of Ho Chi Minh City shall implement this Circular.

If meeting with difficulties or problems in the course of implementation of this Circular, public security offices of units or localities shall report them to the Ministry (via the General Department of Police) for timely guidance.-