Under the amended law, intermediate and senior investigators who hold positions as commune police chiefs or deputy chiefs may be assigned by the provincial-level Investigation Agency Director to initiate and conduct investigations into less serious or serious crimes occurring within their commune.

In its report to the National Assembly, the Supreme People’s Procuracy stated that many delegates supported the proposal to expand the roles and responsibilities of commune police chiefs and deputies as investigators.

This aligns with the Party’s direction and meets practical needs amid the ongoing reorganization of administrative units and the restructuring of the two-tier investigative system.

Some lawmakers called for a comprehensive review of the Criminal Procedure Code to ensure consistency, especially regarding preventive and coercive measures, and to clarify the authority of investigation agency heads and deputies. This would align the roles of commune-based investigators with their new responsibilities.

Other opinions stressed the need to reaffirm that commune police are not an independent level of investigative agency, but merely act under the delegation of higher authorities.

Responding to these concerns, the amended law now stipulates that intermediate and senior investigators of provincial investigation agencies, when assigned as commune police chiefs or deputies, may be delegated to initiate and investigate criminal cases involving less serious or serious offenses within the commune. In such cases, they will assume some powers similar to those of an investigation agency director.

Cautious rollout for new investigative authority at the commune level

Some delegates urged a careful, phased implementation of these expanded powers, possibly starting with pilot programs in selected localities before applying them nationwide.

The Supreme People’s Procuracy agreed, stating it will closely coordinate with the Ministry of Public Security during implementation to ensure proper selection and assignment of qualified investigators as commune police chiefs or deputies. This is to meet professional standards and prevent wrongful prosecutions or oversight failures.

The amended law also authorizes the Minister of Public Security, in coordination with the Prosecutor General of the Supreme People’s Procuracy, to issue specific guidelines on the appointment and assignment of commune-level investigators.

A notable addition is that investigative agencies may conclude investigations and request prosecution in two scenarios if they have sufficient evidence and have ensured the suspect’s right to defense: when the suspect is fleeing and cannot be located despite a wanted notice, or when the suspect is abroad and cannot be summoned.

This provision addresses challenges in handling high-profile cases involving suspects who abscond or reside overseas, where current procedures require suspension even when there is enough evidence for prosecution.

The current Criminal Procedure Code only includes provisions for trials in absentia, without detailing procedures for investigation and prosecution in such cases.

Other amendments redefine the jurisdiction of the People's Procuracy and People’s Court systems from four levels to three. The law also updates the structure and nomenclature of customs, forest rangers, and fisheries inspectors involved in specific investigative activities.

Moreover, the law authorizes regional People’s Courts to hear first-instance trials of criminal cases involving less serious, serious, very serious, and especially serious offenses with maximum penalties of up to 20 years’ imprisonment under the Penal Code.

Tran Thuong