Decree of Government No.18/2002/ND-CP of February 18, 2002 promulgating The Regulation on management of material-evidence storehouses
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THE
GOVERNMENT |
SOCIALIST
REPUBLIC OF VIET NAM |
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No: 18/2002/ND-CP |
Hanoi, February 18, 2002 |
PROMULGATING THE REGULATION ON MANAGEMENT OF MATERIAL-EVIDENCE STOREHOUSES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 29,1988 Criminal Procedures Code, which was amended and
supplemented by the Laws Amending and Supplementing a Number of Articles of the
Criminal Procedures Code, passed by the National Assembly on June 30, 1990;
December 22, 1992; and June 9, 2000;
Pursuant to the Ordinance on Procedures for Settlement of Civil Cases of
December 7, 1989; the Ordinance on Execution of Civil Judgments of April 26,
1993; the Ordinance on Procedures for Settlement of Economic Cases of March 29,
1994; the Ordinance on Procedures for Settlement of Labor Disputes of April 20,
1996; the Ordinance on Procedures for Settlement of Administrative Cases of
June 3, 1996 and the December 25, 1998 Ordinance Amending and Supplementing a
Number of Articles of the Ordinance on Procedures for Settlement of
Administrative Cases;
At the proposals of the Minister of Public Security, the Minister of Defense
and the Minister of Justice,
DECREES:
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ON BEHALF OF THE GOVERNMENT |
ON MANAGEMENT OF MATERIAL-EVIDENCE STOREHOUSES
(Promulgated together with the Government�s Decree No. 18/2002/ND-CP of February 18, 2002)
2. The material-evidence storehouses must be safe, dry, airy, equipped with proper necessary devices; are strictly managed, rationally arranged to avoid misplacement, losses, damage, environmental pollution or harms to the property of the State, organizations and individuals as well as human lives and health; to facilitate the warehousing, ex-warehousing, preservation of material evidences, objects and other documents in storehouses and to effectively service the work of investigation, prosecution, trial and judgment execution.
2. The management of material-evidence store-houses must comply with the relevant law provisions; all acts of infringing upon or causing loss or damage, reduction or loss of value or use value or testifying value of material evidences, objects and/or other documents gathered from cases are strictly prohibited.
ORGANIZATION OF MATERIAL-EVIDENCE STOREHOUSES
2. The Minister of Public Security shall decide the establishment and specify the internal rules of the material-evidence storehouses within the people’s police force.
2. The Minister of Defense shall decide the establishment and specify the internal rules of the material-evidence storehouses in the people’s army.
2. The Minister of Justice shall decide the establishment and specify the internal rules of material-evidence storehouses of the judgment execution bodies prescribed in Clause 1 of this Article.
THE MATERIAL-EVIDENCE STOREHOUSE MANAGEMENT REGIME
1. The material-evidence storehouse keepers shall have the following tasks and powers:
a) To organize the management and preservation of material evidences and other objects as well as documents in the storehouses according to the provisions of law;
b) To effect the warehousing and ex-warehousing of material evidences and other objects as well as documents, which have been gathered from various cases, on the order of the heads of the agencies which accept and process the cases;
c) Upon the detection that material evidences, objects, other documents in the storehouses are lost, infringed upon, appropriated or damaged, to immediately report thereon to the agencies which manage the material-evidence storehouses and to witness the inspection of the scenes by competent bodies;
d) To propose the heads of the agencies managing the material-evidence storehouses to repair, expand, upgrade and provide necessary equipment for, the material-evidence storehouses.
2. The heads of the agencies managing the material-evidence storehouses shall have the following tasks and powers:
a) To monitor, examine, supervise and manage the operations of the material-evidence storehouses;
b) To assume the prime responsibility and coordinate with the concerned agencies and units in organizing the emergency transfer of material evidences, objects and other documents in the storehouses to safe places in case of natural or human threats against the safety of material-evidence storehouses;
c) To request local authorities, people’s armed forces to provide support in protecting the material-evidence storehouses in case of necessity;
d) To immediately notify the investigating bodies and the procuracies of the same level of the cases where material evidences, objects and other documents in the storehouses are lost, infringed upon or appropriated.
e) To determine the cause of damage of material evidences, objects or other documents in the storehouses and report such in writing to the agencies which accept and process the cases;
f) To request the relevant agencies to guide and provide human and professional support for the protection of material evidences, objects and specialized documents;
g) To request the agencies which accept and process the cases to immediately handle the material evidences, objects and/or other documents in the storehouses, which show signs or are in danger of degeneration or threaten the safety of the material-evidence storehouses, environment, human lives and property.
3. The material-evidence storehouse keepers must be trained in necessary professional skills and have good moral qualities.
4. The material-evidence storehouse officials and employees are entitled to enjoy the regimes and policies under the general regulations of the State and of their own service.
a) Objects cannot be moved into the material-evidence storehouses, and have already been handed over to responsible agencies, organizations or persons for preservation under the provisions of law;
b) Documents (such as papers, pictures, photos) are in small numbers, have already been included in the case dossiers and handed over to officials who have accepted and processed the cases for management according to the regulations on dossier work;
c) The objects have been already delivered to the case- processing agencies for management during the time they are used in service of the work of investigation, prosecution and adjudication;
d) Objects are cash, gold, silver, precious metals, gems, antiques, weapons, explosives, inflammables, toxic substances, radioactive substances, animals, plants, which are transferred to specialized agencies for preservation;
e) Objects are of the categories which are easy to decay and cannot be preserved for long at the material-evidence storehouses (such as food, raw and fresh foodstuffs, pharmaceutical products, pharmaceutical materials), being handed over to functional bodies for auctions under the provisions of law.
2. Where due to objective conditions the objects defined at Points d and e of Clause 1, this Article, cannot be transferred immediately, they must be temporarily put into the material-evidence storehouses for preservation; after those objective conditions are removed, they must be transferred immediately.
2. When delivering or receiving material evidences, objects and/or other documents at the material-evidence storehouses, the deliverers or receivers must produce the warehousing or ex-warehousing orders and personal papers. The material-evidence storehouse keepers shall make the warehousing or ex-warehousing only when all papers are presented.
3. The agencies which are processing the cases shall have to organize the transportation, preservation and protection of gathered material evidences, objects and/or other documents of cases, when they are transported from one material-evidence storehouse to another material-evidence storehouse or when they are in the process of being used directly in service of investigation, prosecution, trial and judgment execution.
2. When warehousing or ex-warehousing material evidences and other objects as well as documents gathered from cases on competent persons orders, the material-evidence storehouse keepers shall have to:
a) Check to warehousing or ex-warehousing orders and other necessary procedures as well as papers of the deliverers or receivers;
b) Weigh, measure, count, calculate and inspect the conditions and characteristics of gathered material evidences, other objects and documents and the seals (if any);
c) Fully record in the storehouse books and make the warehousing or ex-warehousing bills, inscribing clearly the warehousing or ex-warehousing hours, day, month and year; full names and titles of persons who issue the warehousing or ex-warehousing orders and of the deliverers and recipients; the warehousing and ex-warehousing reasons; the categories, quantity, weight, characteristics and conditions of the case material evidences, objects and documents, their lawful owners and managers. An warehousing or ex-warehousing bill shall be made in two copies signed by both the deliverer and the recipient and each party keeps one copy;
d) Make records on warehoused or ex-warehoused material evidences, objects and/or other documents, which are damaged, deficit or have their seals infringed upon, and notify the material-evidence storehouse- managing agencies thereof. A record shall be made in two copies signed by the deliverer and the recipient; and each party keeps one copy.
Annually on June 25 and December 25, the material-evidence storehouse keepers must inventory their storehouses and make inventory reports to be sent to the material-evidence managing agencies.
2. Those who record achievements in observing this Regulation shall be commended and/or rewarded according to law provisions.
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ON BEHALF OF THE GOVERNMENT |
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