THE
GOVERNMENT OF VIETNAM |
THE
SOCIALIST REPUBLIC OF VIETNAM |
No: 142/2024/ND-CP |
Hanoi, October 30, 2024 |
DECREE
ON MANAGEMENT OF MATERIAL-EVIDENCE STOREHOUSES
Pursuant to the Law on Government Organization of Vietnam dated June 19, 2015; Law on amendments to some Articles of the Law on Government Organization of Vietnam and Law on Local Government Organization of Vietnam dated November 22, 2019;
Pursuant to the Criminal Procedure Code dated November 27, 2015; Law a number of articles of the Criminal Procedure Code dated November 12, 2021;
Pursuant to the Civil Procedure Code dated November 25, 2015;
Pursuant to the Labor Code dated November 20, 2019;
Pursuant to the Law on Enterprises dated June 17, 2020;
Pursuant to the Law on Prevention and Control of Domestic Violence dated November 14, 2022;
Pursuant to the Law on Administrative Procedure dated November 25, 2015;
Pursuant to the Law amending a number of articles of the Law on State Audit Office of Vietnam dated November 26, 2019;
Pursuant to the Law on Organization of Criminal Investigation Agencies dated November 26, 2015;
Pursuant to the Law on Enforcement of Civil Judgments dated November 14, 2008; Law amending a number of articles of the Law on Enforcement of Civil Judgments dated November 25, 2014;
Pursuant to the Law on Competition dated June 12, 2018;
Pursuant to the Law amending a number of articles of the Law on Handling of Administrative Violations dated November 13, 2020;
Pursuant to the Law amending a number of articles of the Law on Public Investment, the Law on public-private partnership investment, the Law on Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the Law on Enterprises, the Law on Excise Tax and the Law on Enforcement of Civil Judgments dated January 11, 2022;
At the request of the Minister of Public Security;
The Government issues a Decree on management of material-evidence storehouses.
Chapter I
GENERAL REGULATIONS
Article 1. Scope
This Decree provides system of material evidences and documents and objects of People's Police, People's Army and civil judgment-enforcing agencies; responsibilities and powers of agencies, organizations, and individuals in managing material-evidence storehouses; procedures for warehousing, ex-warehousing and preservation of material evidences, documents, and objects gathered from criminal, civil, marriage and family, business, trade, and labor cases, denunciations, criminal information disclosed and requisitions for charges (hereinafter referred to as "cases”) or assets that are temporarily seized in civil judgment enforcement.
Article 2. Term interpretation
For the purpose of this Decree, these terms below shall be construed as follows:
1. Material-evidence storehouse means places receiving, managed and preserving material evidences, documents, and objects gathered that is established by the Ministry of Public Security, the Ministry of National Defense, and Ministry of Justice in accordance with law to serve the work of investigation, prosecution, adjudication, judgment enforcement, and handling of denunciations, criminal information disclosed and requisitions for charges.
2. Management of material-evidence storehouses means activities involved in receipt, warehousing, ex-warehousing, and preservation of material evidences, documents, and objects at the storehouses.
3. Documents and objects means documents and objects gathered from criminal, civil, marriage and family, business, trade, and labor cases, denunciations, criminal information disclosed and requisitions for charges or assets that are temporarily seized in civil judgment enforcement.
4. Agencies managing material-evidence storehouses means unit affiliated to the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice that are tasks with the management of material-evidence storehouses.
Article 3. Rules for management of material-evidence storehouses
1. Comply with the law and this Decree.
2. Receive, warehouse, ex-warehouse material evidences, documents, and objects in accordance with orders or decision from competent entities.
3. Classify and safely preserve material evidences, documents, and objects.
4. Provide 24/7 protection to material-evidence storehouses.
Article 4. Prohibited acts
1. Damage, destroy facilities and means, devices used for ensuring security and safety of material-evidence storehouses.
2. Warehousing objects not regulated in this Decree.
3. Bring material evidences, documents, and objects out of the material-evidence storehouses without permission from entities with competence to give orders or issue decisions on warehousing, ex-warehousing material evidences, documents, and objects and competent entities managing material-evidence storehouses.
4. Abuse positions or power to illegally use, transfer, swap, hide, falsify, damage, destroy, break the seal and commit act that change in the conditions of the material evidences, documents, and objects.
5. Use material-evidence storehouses for inappropriate purposes.
6. Let unauthorized persons/means in material-evidence storehouses.
Article 5. Funding
1. 1. Funding for management of material evidences, documents, and objects:
a) Costs of construction, expansion, upgrading, repair of material-evidence storehouses;
b) Costs of purchasing and operating technical and professional equipment, means for preservation; ensuring safety of material-evidence storehouses;
c) Costs of management, warehousing, ex-warehousing, preservation of material evidences, documents, and objects; moving material evidences, documents, and objects; renting storehouses, shelving storage, and warehouses to preserve material evidences, documents, and objects.
2. Funding for management of material evidences, documents, and objects of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice and relevant ministries and central authorities shall comply with the Law on State Budget, the Law on Public Investment and applicable guiding documents.
Chapter II
SYSTEM OF MATERIAL-EVIDENCE STOREHOUSES
Article 6. System of material-evidence storehouses of the People's Police
1. The system of material-evidence storehouses of the People's Police includes:
a) Material-evidence storehouses of the Ministry of Public Security;
b) Material-evidence storehouses of Police force’s units in provinces, centrally affiliated cities (hereinafter referred to as “Provincial Police force’s units”);
b) Material-evidence storehouses of Police force’s units in districts, communes, provincial cities and centrally affiliated cities (hereinafter referred to as “district-level Police force’s units”);
2. The Minister of Public Security provides that system of material-evidence storehouses of the People's Police is used to receive and preserve material evidences, documents, and objects gathered by judgment-enforcing entities of the People's Police, the Procuracy, and agencies and persons assigned to conduct investigation-related activities of the Police force’s units, Customs authorities, Forest ranger’s units, and Fisheries resources surveillances units.
Article 7. System of material-evidence storehouses of the People's Army
1. System of material-evidence storehouses of the People's Army includes:
a) Material-evidence storehouses of the Ministry of National Defense (Department of Criminal Investigation, Department of Judgment enforcement and Department of Army Security Protection);
b) Material-evidence storehouses of investigation authorities, judgment-enforcing agencies of military zones or equivalents, Border protection forces, Maritime police forces, regional criminal investigation offices;
b) Material-evidence storehouses of Military Commands of provinces, centrally affiliated cities, High Command of Capital Hanoi, High Command of Ho Chi Minh city (hereinafter referred to as "Provincial Military Commands”) that are allowed to establish material-evidence storehouses in the weapons and technical equipment warehouse area of the Provincial Military Commands.
2. The Minister of National Defense provides that system of material-evidence storehouses of the People's Army is used to receive and preserve material evidences, documents, and objects within their jurisdiction and in accordance with point e of clause 2 of Article 15 of this Decree.
Article 8. System of material-evidence storehouses of the civil judgment-enforcing agencies
1. System of material-evidence storehouses of the civil judgment-enforcing agencies includes:
a) Material-evidence storehouses of Departments of Civil Judgments Enforcement in provinces, centrally affiliated cities (hereinafter referred to as “material-evidence storehouses of provincial civil judgment-enforcing agencies”);
b) Material-evidence storehouses of Sub-departments of Civil Judgments Enforcement in districts, communes, provincial cities and centrally affiliated cities (hereinafter referred to as “material-evidence storehouses of district-level civil judgment-enforcing agencies”);
2. The Minister of Justice provides that system of material-evidence storehouses of the civil judgment-enforcing agencies is used to receive and preserve material evidences, documents, and objects within their jurisdiction.
Article 9. Requirements for management of material-evidence storehouses
1. Material-evidence storehouses are designed and built scientifically, securely, solidly, and conveniently for the receipt and preservation of material evidences, documents, and objects; include guard room, protective walls and fences, lighting systems, security control systems, fire protection equipment; have internal regulations, protection plans, fire safety plans, or preventive measures to respond to incidents that may incur in material-evidence storehouses.
2. Storage rooms must ensure dryness, ventilation, and environmental hygiene; they should be equipped with equipment, means and technical devices to ensure the preservation of material evidences, documents, and objects.
3. Shelving storages and open shelving storage areas must have solid concrete floors, be elevated, have a proper drainage system, and be equipped with a roof to provide protection from rain and sunlight.
4. Places for storage of watercraft must have a guard room; lighting systems, security control systems, fire prevention and firefighting equipment; mooring equipment; internal regulations on entering and exiting the dock, protection plans, fire prevention and firefighting plans, or incident prevention and response measures.
Chapter III
RESPONSIBILITIES AND POWERS OF AGENCIE, ORGANIZATIONS, AND INDIVIDUALS IN MANAGING MATERIAL-EVIDENCE STOREHOUSES
Article 10. Responsibilities and powers of entities competent to give orders or decide on the warehousing and ex-warehousing of material evidence, documents, and objects
1. Giving order on warehousing and ex-warehousing of material evidence, documents, and objects. The order must specify the type, quantity, weight, characteristics, and condition of the material evidences, documents, and objects; specify the reason, time of warehousing and ex-warehousing, and bear the seal and signature of the head or deputy of the proceeding authority; specify the names and positions of the individuals delivering and receiving the material evidences, documents, and objects.
2. Cooperate with agencies managing material-evidence storehouses in: warehousing, ex-warehousing material evidences, documents, and objects; sealing and promptly handling damaged evidence, documents, and items in accordance with applicable law upon request.
3. The entities competent to give orders or decide on the warehousing of material evidence, documents, and objects must promptly deliver and hand over the material evidences, documents, and objects gathered.
4. The entities competent to give orders or decide on the warehousing of material evidence, documents gathered from denunciations, criminal information disclosed and requisitions for charges shall:
a) Within a period of 2 days from the date of issuing the decision to press criminal charges, the authorities and individuals given authority to institute legal proceedings (hereinafter referred to as “competent procedural entities”) shall notify in writing the agency managing material-evidence storehouses to continue preservation in accordance with applicable law.
b) Within a period of 2 days from the date of issuing the decision not to institute criminal proceedings, the unit that gives the order on warehousing documents and objects shall give the order on ex-warehousing those documents and objects to receive and handle them in accordance with the law;
b) Within a period of 2 days from the expiration date of decisions on suspending the processing of denunciations, criminal information disclosed and requisitions for charges, the unit that gives the order on warehousing documents and objects shall notify in writing the agencies managing material-evidence storehouses whether those documents and objects will continue to be stored or be ex-warehoused to be received and handled by the unit in accordance with the law;
5. Request relevant agencies to provide guidance and support regarding personnel and expertise for the preservation of specialized material evidences, documents, and objects.
6. b) Within a period of 2 days from the date of receiving the decision on transferring the evidence to the authorized Procuracy, the procedural entities shall give ex-warehousing order, deliver and handover the evidence to civil judgment-enforcing agencies at the level equivalent to that of the Court having jurisdiction. Civil judgment-enforcing agencies shall receive and preserve the evidence by jurisdiction.
7. Competent procedural entities, when making decisions directly related to material evidences, documents, and objects during the process of resolving cases, must inform the agency managing material-evidence storehouses in writing for cooperation and preservation of material evidences, documents, and objects.
8. Every 6 months and annually, cooperate with the agency managing the material-evidence storehouses in conducting review and statistics of the material evidences, documents, and objects currently stored at the storehouses; handle the material evidences, documents, and objects in accordance with law.
Article 11. Responsibilities and powers of agencies managing material-evidence storehouses
1. Implement law on management of material-evidence storehouses; direct professional practices, and provide guidance on applying law on management of material-evidence storehouses.
2. Take charge and cooperate with competent procedural entities in warehousing, ex-warehousing, preserving material evidences, documents, and objects.
3. Ensure the facilities, equipment, means, technical devices, and human resources for managing material-evidence storehouses; organize the 24/7 security protection for the material-evidence storehouses.
4. Take charge and cooperate with relevant agencies and units in organizing the urgent delivery of material evidences, documents, and objects in the storehouse to a safe place in circumstances of natural disaster, fire, explosion, or material-evidence storehouses at risk of safety.
5. Request local authorities and armed forces stationed in the area to support the protection of material-evidence storehouses if necessary.
6. Request competent procedural entities to handle material evidences, documents, and objects that are at risk of being damaged, damaged, have their seal damaged, or threaten the safety of the material-evidence storehouses, which adversely affect or damage people, property, and the environment.
7. Promptly notify the investigation agency, the Procuracy in the area that has material-evidence storehouses, and the competent procedural entities that have given orders or made decisions on warehousing material evidences, documents, and objects that are lost, tampered with, or appropriated, for cooperation in handling and settlement.
8. Every 6 months and annually, submit competent procedural agencies application for review, statistics and handling of the material evidences, documents, and objects in accordance with law.
9. Conduct preliminary reports and final reports on management of material-evidence storehouses; make statistics and reports on management of material-evidence storehouses.
Article 12. Responsibilities and powers of head of agencies managing material-evidence storehouses
1. Carry out responsibilities and powers of agencies managing material-evidence storehouses in accordance with Article 11 of this Decree.
2. Give instruction on ensuring security, safety, and environmental hygiene in the material-evidence storehouses; monitor, provide guidance, inspect, supervise, and carry out tasks regarding management of the material-evidence storehouses.
3. Assign a warehouse keeper, manager, and staff to carry out the tasks of receiving, warehousing, and ex-warehousing material evidences, documents, and objects in accordance with the orders or decisions of competent entities.
4. Identify the condition of material evidences, documents, and objects that are damaged, unsealed, or pose a threat to the safety of the material-evidence storehouses to propose to the competent procedural entities for cooperation in handling.
5. Approve plans and measures to protect the material-evidence storehouses.
Article 13. Responsibilities and powers of warehouse keeper, manager, and staff of material-evidence storehouses
1. Warehouse keepers shall:
a) Receive, warehouse, ex-warehouse and preserve material evidences, documents, and objects at material-evidence storehouses in accordance with orders or decision from competent entities.
b) Report to the head of the agency managing the material-evidence storehouses upon discovering material evidences, documents, and objects that are damaged, unsealed, or pose a threat to the safety of the material-evidence storehouses, affecting individuals, property, and the environment, and upon witnessing the competent entities conducting the examinations of the scenes (if any);
c) Report to the Head of the agency managing the material-evidence storehouses on the status of storehouses; propose expansion, upgrade, and repair of material-evidence storehouses; propose upgrading equipment and means used for receiving, warehousing, ex-warehousing, and preserving material evidences, documents, and objects;
d) Conduct an inventory of material-evidence storehouses and report to the head of the agency managing storehouses every 6 months and annually;
dd) Formulate protection plans, fire prevention and fighting plans, or incident prevention and response measures, proposed for approval by the competent authority.
2. The manager and staff of the material-evidence storehouses shall cooperate with the warehouse keeper in receiving, warehousing, ex-warehousing, and preserving material evidences, documents, and objects; conducting inventory; and protecting the safety of the material-evidence storehouses.
Chapter IV
PROCEDURES FOR WAREHOUSING, EX-WAREHOUSING MATERIAL EVIDENCES, DOCUMENTS, AND OBJECTS
Article 14. Procedures for warehousing, ex-warehousing material evidences, documents, and objects
1. Procedures for warehousing material evidences, documents, and objects:
a) Check warehousing orders of competent entities; initial seizure record; decision on transfer of evidence (if any); introduction letter, identity paper of person receiving material evidences, documents, and objects.
b) Check the quantity, conditions, characteristics and seal of the material evidences, documents, and objects (if any);
c) Prepare minute of handing over and receiving material evidences, documents, and objects;
d) Classify material evidences, documents, and objects;
dd) Prepare sheet of warehousing material evidences, documents, and objects;
e) Prepare material-evidence storehouse card;
g) Label material evidences, documents, and objects;
h) Record and update the warehousing data with complete information about quantity, conditions, characteristics and seal of the material evidences, documents, and objects (if any).
2. Procedures for ex-warehousing material evidences, documents, and objects:
a) Check ex-warehousing orders of competent entities; decision on transfer of evidence (if any); introduction letter, identity paper of person receiving material evidences, documents, and objects;
b) Check the quantity, conditions, characteristics and seal of the material evidences, documents, and objects (if any);
c) Prepare sheet of ex-warehousing material evidences, documents, and objects;
d) Record and update the ex-warehousing data with complete information about quantity, conditions, characteristics and seal of the material evidences, documents, and objects (if any).
dd) Prepare record on handing over and receiving material evidences, documents, and objects;
3. Warehousing and ex-warehousing sheets; delivery and receipt records shall be prepared into 2 copies with the signatures of the delivering party and the receiving party; each party retains one copy
Article 15. Preservation of material evidences, documents, and objects
1. Material evidences, documents, and objects are preserved in accordance with law; classified and neatly arranged in a scientific manner to avoid confusion, loss, damage, and to prevent environmental pollution, improve management, warehousing, ex-warehousing and preservation of material evidences, documents, and objects.
2. All material evidences, documents, and objects are preserved in material-evidence storehouses, except for the following cases:
a) Items that cannot be brought to material-evidence storehouses, which have been rented for preservation or handed over to the owner, the lawful person managing objects, property, their relatives, or the local authorities, agencies or organizations that have items need to be preserved.
b) Items that are documents such as: paper documents, paintings, photos, electronic data storing devices that have been organized into dossiers and handed over to the judgment-enforcing individuals that are given authority to manage in accordance with regulations on dossiers;
c) Items that have been handed over to the competent procedural entities to serve the investigation, prosecution and trial;
d) For items are susceptible to damage or subject to difficult process of preservation, competent authorities within their powers shall handle them as per the laws and transfer earnings from those items to a temporary account of a competent authority in the State Treasury for management (if any);.
dd) Items that are cash (VND or foreign currency) must be appraised and deposited into a temporary account of a competent procedural agency at the corresponding level of the State Treasury where the agency is headquartered. Valuable assets, valuable papers, gold, silver, precious metals, precious stones, and antiques must be appraised, sealed, and deposited in the State Treasury system at the corresponding level where the competent procedural agency is headquartered.
dd) Items that are cash (VND or foreign currency), valuable assets, valuable papers, gold, silver, precious metals, precious stones, and antiques that bear traces of criminal activities must be appraised immediately upon collection, sealed (with a sealing record included in the dossier) and deposited in the State Treasury system at the corresponding level where the competent procedural agency is headquartered.
e) Items that are military weapons, explosives, explosive materials, fireworks, and liquid and gas flammable materials are appraised, sealed, and deposited at the material-evidence storehouses in the weapons and technical equipment storage area of the Provincial Military Command where the competent procedural agency is headquartered.
g) Items that are poisons are appraised, sealed, and deposited at specialized facilities in the fields of Health, National Defense, Public Security, Trade and Industry, Agriculture, and Rural Development;
h) Items that are radioactive materials, radiation sources are appraised, sealed, are deposited at the Vietnam Atomic Energy Institute under the Ministry of Science and Technology;
i) Items that are wild animals are transferred to specialized agencies to be sent to zoos, wildlife rescue centers, national conservation rescue centers, forest animal rescue facilities, wildlife parks, forest animal breeding facilities eligible to carry out biodiversity conservation, scientific research facilities, environmental education facilities, specialized museums, and reserve forest management boards with animal rescue facilities located near or at places where a competent procedural agency is headquartered.
k) Items that are plants are sent to forestry agencies, centers for research and development of plant varieties; forestry companies, arboretum, plant cultivation facilities that satisfying prescribed requirements;
l) Items that are pathology specimens, infectious substances, bacteria, super bacteria, harmful parasites, blood samples, tissues, human body parts, vaccines, and other health-related items require special preservation conditions and are sealed and deposited at specialized facilities as regulated by the health sector.
3. Agencies, organizations, and individuals entrusted with the preservation of material evidences, documents, and objects specified in clause 2 of this Article shall promptly organize the receipt and preservation; agencies that have entrusted or sent material evidences, documents, and objects shall cooperate in preserving them in accordance with law.
4. In case material evidences, documents, and objects as stipulated in this Decree are unable to be transferred to the designated agency managing material-evidence storehouse or the competent authority as prescribed by law for preservation due to objective reasons, the competent procedural entity shall organize the preservation. Upon overcoming objective difficulties, those material evidences, documents, and objects must be promptly transferred to the agency managing material-evidence storehouses or the competent authority as prescribed by law for preservation.
Chapter V
RESPONSIBILITIES OF MINISTRIES, CENTRAL AUTHORITIES, AND PEOPLE'S COMMITTEES OF PROVINCES AND CENTRAL AFFLIATED CITIES IN MANAGING OF MATERIAL-EVIDENCE STOREHOUSES
Article 16. Responsibilities of the Ministry of Public Security
1. Be directly accountable to the Government for implementing unified state management on the management of material-evidence storehouses.
2. Issue within their authority or submit to authority with competence to issue legislative documents on management of material-evidence storehouses.
3. Specify organization of the management apparatus for material-evidence storehouses of the People's Police; establishment, dissolution, merger of material-evidence storehouses; scale, technical standards, design samples, equipment, means, technical devices, auxiliary work items; forms; database for managing material-evidence storehouses; internal regulations of material-evidence storehouses of the People's Police.
4. Direct the Police units and administrative divisions to receive, warehouse, ex-warehouse, and preserve material evidences, documents, and objects gathered by judgment-enforcing entities of the People's Police, the Procuracy; assign the agencies and individuals with certain investigation activities of the Police force’s units, Customs authorities, Forest ranger’s units, and Fisheries resources surveillances units, except for material evidences, documents, and objects specified in Clause 2, Article 15 of this Decree.
5. Direct the Police units and administrative divisions to properly implement laws on management of material-evidence storehouses of the People's Police.
6. Develop plans and training programs for officers of People’s Police in charge of managing material-evidence storehouses.
7. Conduct preliminary reports, final reports, other report, and state statistics on management of material-evidence storehouses.
8. Inspect, settle complains and denunciations, and handle violations against regulations on management of material-evidence storehouses of the People's Police in accordance with law.
Article 17. Responsibilities of the Ministry of National Defense
1. Manage material-evidence storehouses of People's Army.
2. Issue or cooperate in issuing within their authority legislative documents on management of material-evidence storehouses of the Ministry of National Defense.
3. Specify organization of the management apparatus for material-evidence storehouses of the People's Army; establishment, dissolution, merger of material-evidence storehouses; scale, technical standards, design samples, equipment, means, technical devices, auxiliary work items; forms; database for managing material-evidence storehouses; internal regulations of material-evidence storehouses of the People's Army.
4. Direct the agencies and unit to properly implement laws on management of material-evidence storehouses of the People's Army.
5. Develop plans and training programs for officers of the People's Army in charge of managing material-evidence storehouses.
6. Conduct preliminary reports, final reports, other report, and statistics on management of material-evidence storehouses of the People’s Army.
7. Inspect, settle complains and denunciations, and handle violations against regulations on management of material-evidence storehouses of the People's Army in accordance with law.
Article 18. Responsibilities of the Ministry of Justice
1. Manage material-evidence storehouses of civil judgment-enforcing agencies.
2. Issue or cooperate in issuing within their authority legislative documents on management of material-evidence storehouses of the Ministry of Justice.
3. Specify organization of the management apparatus for material-evidence storehouses of the civil judgment-enforcing agencies; establishment, dissolution, merger of material-evidence storehouses; scale, technical standards, design samples, equipment, means, technical devices, auxiliary work items; forms; database for managing material-evidence storehouses; internal regulations of material-evidence storehouses of the civil judgment-enforcing agencies.
4. Direct the province-level and district-level civil judgment-enforcing agencies to properly implement laws on management of material-evidence storehouses of the civil judgment-enforcing agencies.
5. Develop plans and training programs for officers of civil judgment-enforcing agencies in charge of managing material-evidence storehouses.
6. Conduct preliminary reports, final reports, other report, and statistics on management of material-evidence storehouses of civil judgment-enforcing agencies.
7. Inspect, settle complains and denunciations, and handle violations against regulations on management of material-evidence storehouses of civil judgment-enforcing agencies in accordance with law.
Article 19. Responsibilities of the Ministry of Agriculture and Rural Development
Direct Forest ranger’s units, and Fisheries resources surveillances units to put material evidences, documents, and objects into material-evidence storehouses of the People’s Police for preservation in accordance with law, except for material evidences, documents, and objects specified in Clause 2, Article 15 of this Decree.
Article 20. Responsibilities of the Ministry of Finance
1. Provide guidance on specific criteria to identify items that are susceptible to damage or subject to difficult process of preservation in accordance with law.
2. Direct the Customs authorities with the authorities to put material evidences, documents, and objects into the material-evidence storehouses of the People's Police for preservation as prescribed, excluding those specified in Clause 2, Article 15 of this Decree.
3. Ensure recurrent expenditures of central government budget for management of material evidences, documents, and objects in accordance with the Law on State budget and applicable guiding documents.
Article 21. Responsibilities of the Ministry of Planning and Investment
Take charge in summarizing and reporting to authorities with competence to allocate mid-term and annual public investment to build system of material-evidence storehouses; preserve material evidences, documents, and objects in accordance with the Law on Public Investment and relevant laws.
Article 22. Responsibilities of the Supreme People's Procuracy
Direct judgment-enforcing entities to put material evidences, documents, and objects into material-evidence storehouses of the People’s Police for preservation in accordance with law, except for those specified in Clause 2, Article 15 of this Decree.
Article 23. Responsibilities of the People's Committees of provinces and centrally affiliated cities
1. Allocate land funds and support the development of the system of material-evidence storehouses in their area, cooperate in ensuring security, order, and safety of material-evidence storehouses.
2. Direct relevant departments, committees, and central authorities to receive, warehouse, ex-warehouse, and preserve material evidences, documents, and objects within their jurisdiction.
Chapter VI
IMPLEMENTATION CLAUSE
Article 24. Effect
1. This Decree comes into force from January 1, 2025, replacing Decree No. 18/2002/ND-CP dated February 18, 2002 of the Government promulgating the Regulation on management of material-evidence storehouses; Decree No. 70/2013/ND-CP dated July 2, 2013 of the Government amending number of articles of the Regulation on management of material-evidence storehouses issued together with Decree No. 18/2002/ND-CP dated February 18, 2002 of the Government.
2. For the receipt, warehousing, ex-warehousing, and preservation of material evidences, documents, and objects in the material-evidence storehouses under orders or decisions that have not been implemented or have not been fully implemented by the time this Decree takes effect, from competent entities, the regulations of this Decree shall apply.
Article 25. Implementation responsibilities
1. The Minister of Public Security, the Minister of National Defense, the Minister of Justice and relevant ministries, central authorities, People's Committees of provinces and centrally affiliated cities, within their jurisdiction, shall implement, provide guidance and inspect the implementation of this Decree.
2. Ministers, Heads of ministerial agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally affiliated cities are responsible for implementing this Decree.
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