Do criminal investigators need university degrees in Vietnam?

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Question date: 24/11/2022

Do criminal investigators need university degrees in Vietnam? How many minimum years is required for primary investigators to be appointed as intermediate investigators in Vietnam? When are appointment, relief from office and dismissal of investigators in Vietnam? 

Hello, I'm currently a 3rd year student at Capital Security University, my family directs me to become a Criminal Investigator, but I don't know if a Criminal Investigator needs a university degree? 

Please advise. Thankyou.

    • Do criminal investigators need university degrees in Vietnam?
      (illustration)
    • 1. Do criminal investigators need university degrees in Vietnam?

      In Article 46 of the Law on organization of criminal investigations bodies 2015, general criteria of an investigator are prescribed, according to which:

      1. Being a Vietnamese citizen and loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, possessing good ethical quality, being righteous and honest, having a firm political stuff and spirit of resolutely defending the socialist legislation.

      2. Possessing a security university, police university, law bachelor or higher degree.

      3. Having worked in a law-related field in accordance with this Law.

      4. Having been professionally trained in investigation.

      5. Being physically fit for the performance of assigned tasks.

      Thus, criminal investigators must meet the above criteria. In which, criminal investigators must have a security university, police university, law bachelor or higher degree in Vietnam.

      2. How many minimum years is required for primary investigators to be appointed as intermediate investigators in Vietnam?

      According to Article 48 of the Law on organization of criminal investigations bodies 2015, criteria for appointment of intermediate investigators are as follows:

      1. A person who fully satisfies the criteria prescribed in Article 46 of this Law and the following conditions can be appointed as an intermediate investigator:

      a / Having worked as a primary investigator for at least 5 years;

      b/ Being capable of investigating cases involving very serious or particularly serious crimes;

      c/ Being able to guide investigating activities of primary investigators;

      d/ Having passed the examination for the grade of intermediate investigators.

      2. To meet the personnel demand of investigating bodies, persons who fully meet the criteria prescribed in Article 46 of this Law, Points b, c and d, Clause 1 of this Article, and have worked in law-related fields for at least 9 years may be appointed as intermediate investigators.

      With the above provisions, in order to become an intermediate investigator, one must hold the position of primary investigator for at least 5 years. In addition, the other requirements mentioned above must be met in Vietnam.

      3. When are appointment, relief from office and dismissal of investigators in Vietnam?

      Pursuant to Article 56 of the Law on organization of criminal investigations bodies 2015 stipulates appointment, relief from office and dismissal of investigators, specifically as follows:

      1. The appointment, relief from office and dismissal of, and the grant and revocation of investigator certificates to, investigators in the People’s Public Security shall be prescribed by the Minister of Public Security, in the People’s Army by the Minister of National Defense, and in the Supreme People’s Procuracy by the Procurator General of the Supreme People’s Procuracy.

      2. Investigators shall automatically be relieved from the title of investigator when they retire or are transferred to other jobs.

      Investigators may be relieved from the title of investigator for poor health, family circumstances or other reasons, for which they are deemed unable to perform their assigned tasks.

      3. Investigators shall automatically be stripped off the title of investigator when they are convicted under legally effective court judgments or are subject to the disciplining form of stripping off the People’s Public Security title or People’s Army officer rank or forced resignation.

      4. Depending on the nature and severity of their violations, investigators may be stripped off the title of investigator if their violations fall into one of the following cases:

      a/ Being committed in the investigation into criminal cases;

      b/ Being in violation of the provisions of Article 14 of this Law;

      c/ Being subject to the disciplining form of dismissal in accordance with the law on cadres and civil servants;

      d / Being in violation of the regulations on ethical quality.

      According to this Article, criminal investigators will be appointed, relieved of duty or dismissed in one of the above cases in Vietnam.

      Best Regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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