THE MINISTER OF PUBLIC SECURITY
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SOCIALIST REPUBLICOF VIETNAM Independence - Freedom– Happiness
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No. 41/2009/TT-BCA-V19
Ha Noi, July 2, 2009
 
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.