Nghị quyết 727/2004/NQ-UBTVQH11 của Uỷ ban Thường vụ Quốc hội về việc thi hành Pháp lệnh Tổ chức điều tra hình sự

RESOLUTION

ON ENFORCEMENT OF THE ORDINANCE ON ORGANIZATION OF CRIMINAL INVESTIGATIONS

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, its 10th session;

At the proposal of the Government,

RESOLVES:

Article 1.- The Ordinance on Organization of Criminal Investigations, which was adopted by the National Assembly Standing Committee on August 20, 2004, shall take implementation effect as from October 1, 2004.

Article 2.- Criminal cases which have been accepted for investigations according competence before October 1, 2004 by investigating agencies of the People's Police, the People's Army or the Supreme People's Procuracy but, under the 2004 Ordinance on Organization of Criminal Investigations, do not fall under the investigating jurisdiction of these agencies, and have not been completely investigated yet, shall continue with investigations until the investigations end and the files are transferred to the Procuracies of the same level for resolution.

Article 3.-

1. Criminal cases involving less serious offenses, where offenses have been caught in the act, evidences and personal records of offenders are clear, which have been accepted for investigation according to the competence of the Border Guard or Ranger before October 1, 2004, but, under the 2004 Ordinance on Organization of Criminal Investigations, do not fall under the investigating competence of these agencies, if the investigations have not been completed yet, shall be continued with investigations until the investigations end and the files are transferred to the competent Procuracies for resolution.

2. Criminal cases involving serious offenses, very serious offenses, exceptionally serious offenses or less serious but complicated offenses, which have been accepted for investigation before October 1, 2004 by the Border Guard, Ranger, other agencies of the People's Police, the People's Army, which were assigned to conduct a number of investigating activities according to their competence, but under the 2004 Ordinance on Organization of Criminal Investigations, do not fall under the competence of these agencies, shall be continued with initial investigation activities and the case files shall be transferred to competent investigating bodies.

Article 4.-

1. Those investigators who have been appointed before October 1, 2004 shall continue to perform their tasks until October 1, 2007.

2. Those investigators who have been appointed before October 1, 2004, have not yet obtained the security university, police university or law university degree and the investigation profession certificates but satisfy other criteria prescribed in the 2004 Ordinance on Organization of Criminal Investigation, may still be recruited and re-appointed to be investigators when the re-appointment is considered; in their new term, they must study to obtain the security university, police university or law university degree.

3. From the date the 2004 Ordinance on Organization of Criminal Investigations takes effect to before October 1, 2009, the criterion on law-related work period for consideration and appointment of elementary investigators shall be three years or more.

Article 5.- The Government and the Supreme People's Procuracy shall, within the scope of their respective tasks and powers, have to implement, and guide the implementation of, this Resolution.