Special Investigative Measures in Criminal Procedure
The 2015 Criminal Procedure Code provides for special investigative measures as follows:
Article 223. Special Investigative Measures
After a criminal case has been initiated, during the investigation stage, persons with procedural authority may apply the following special investigative measures:
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Covert audio and video recording;
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Covert telephone interception;
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Covert collection of electronic data.
Article 224. Circumstances for Applying Special Investigative Measures
Special investigative measures may be applied in the following cases:
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Offences against national security; drug-related offences; corruption-related offences; terrorism; money laundering;
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Other organized crimes classified as particularly serious offences.
Article 225. Authority and Responsibilities for Deciding and Implementing Special Investigative Measures
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The Heads of provincial-level investigating bodies and the Heads of military investigating bodies at military zone level or higher may, on their own initiative or at the request of the Chief Procurator of the provincial People’s Procuracy or the Chief Procurator of the military procuracy at military zone level or higher, issue decisions to apply special investigative measures.
Where a case is under investigation by a regional military investigating body, the Head of that body shall request the Head of the military investigating body at military zone level to consider and decide on the application.
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A decision to apply special investigative measures must clearly state the necessary information about the subject of application, the specific measure to be applied, the duration and location of application, the agency assigned to implement the measure, and other contents as prescribed in Clause 2 Article 132 of this Code.
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A decision to apply special investigative measures must be approved by the Chief Procurator of the competent Procuracy before execution. The Head of the investigating body issuing the decision must strictly supervise the application of the measure and promptly request the Procuracy to cancel it if deemed unnecessary.
Specialized forces of the People’s Public Security and the People’s Army, as provided by law, are responsible for executing the decision.
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The Heads of investigating bodies, the Chief Procurators with authority, and persons executing the decision must maintain confidentiality.
Article 226. Duration of Applying Special Investigative Measures
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The duration of applying special investigative measures shall not exceed 02 months from the date of approval by the Chief Procurator. In complicated cases, the duration may be extended but must not exceed the investigation time limit as provided in this Code.
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No later than 10 days before the expiry of the application period, if an extension is deemed necessary, the Head of the investigating body issuing the decision must submit a written request to the Chief Procurator who approved the measure for consideration and decision.
Article 227. Use of Information and Documents Collected Through Special Investigative Measures
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Information and documents collected through special investigative measures may only be used for the initiation, investigation, prosecution, and trial of a criminal case. Information or documents irrelevant to the case must be promptly destroyed.
It is strictly prohibited to use such information, documents, or evidence for any other purpose.
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Information and documents collected through the application of special investigative measures may be used as evidence for resolving the case.
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The investigating body must promptly notify the Chief Procurator who approved the measure of the results obtained from the application of the special investigative measures.
Article 228. Cancellation of the Application of Special Investigative Measures
The Chief Procurator who approved the decision to apply special investigative measures must promptly cancel such decision when falling under one of the following circumstances:
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There is a written request from the competent Head of the investigating body;
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Violations occur during the application of the special investigative measures;
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Continued application of the measure is deemed unnecessary.
This provision is guided by Article 27 of Joint Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP.
Article 27. Cancellation and Termination of the Application of Special Investigative Measures
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When it is deemed unnecessary to continue applying the special investigative measure, the Head of the provincial investigating body or the Head of the military investigating body at military zone level or higher must issue a written request for the Chief Procurator who approved the measure to issue a decision cancelling the decision on applying the special investigative measure.
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When there are grounds for cancelling the decision on applying the special investigative measure as prescribed in Clauses 2 and 3 Article 228 of the Criminal Procedure Code, the Chief Procurator who approved the measure shall issue a decision cancelling such decision and send it to the Head of the investigating body that issued the original decision within 24 hours from the time the cancellation decision is made, so that it can be immediately forwarded to the agency executing the special investigative measure to promptly terminate its application.
The decisions, approval, and implementation of special investigative measures are guided by Articles 25 and 26 of Joint Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP, which took effect on 10 December 2018.
The Chief Justice of the Supreme People’s Procuracy, the Minister of Public Security, and the Minister of National Defence jointly promulgated the Joint Circular providing for coordination between investigating bodies and procuracies in implementing several provisions of the Criminal Procedure Code as follows:
Article 25. Decision and Approval for Applying Special Investigative Measures
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Within 24 hours from the time a decision to apply a special investigative measure is issued under Articles 223 and 224 of the Criminal Procedure Code, the Head of the provincial investigating body or the Head of the military investigating body at military zone level or higher must compile a dossier requesting the Chief Procurator of the same level to approve the decision to apply the special investigative measure.
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Within 03 days from the date of receiving the request dossier from the Head of the provincial investigating body or the Head of the military investigating body at military zone level or higher, the Chief Procurator of the same level must issue a decision approving or not approving the application, or issue a written request requiring additional evidence or documents before considering approval of the decision to apply the special investigative measure.
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A dossier requesting approval for the decision to apply a special investigative measure shall include:
a) A written request for approval specifying the reasons and grounds for applying the special investigative measure and the necessary information or documents to be collected during the application of the measure;
b) The decision on applying the special investigative measure issued by the Head of the provincial investigating body or the Head of the military investigating body at military zone level or higher, in accordance with Clause 2 Article 225 of the Criminal Procedure Code;
c) Other documents serving as grounds for the request for approval.
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Where a case is handled and investigated by a district investigating body or a regional military investigating body and the application of a special investigative measure is deemed necessary and justified, the Head of the district investigating body or the Head of the regional military investigating body shall consult with the Chief Procurator of the district People’s Procuracy or the Chief Procurator of the regional military procuracy on the grounds and the applicable special investigative measure.
At the same time, the Head of the district investigating body or the Head of the regional military investigating body shall prepare a written request with a dossier for the Head of the provincial investigating body or the Head of the military investigating body at military zone level to issue a decision applying the special investigative measure.
The decision of the Head of the provincial investigating body or the Head of the military investigating body at military zone level, as well as the time limits, order and procedures for requesting approval by the Chief Procurator, shall comply with Clause 1 of this Article.
Article 26. Implementation of Special Investigative Measures
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During the implementation of special investigative measures, the Head of the provincial investigating body or the Head of the military investigating body at military zone level or higher must regularly supervise the process, notify the Chief Procurator of the same level of any information and documents obtained, and coordinate in agreeing on the use and handling of the collected information and documents in accordance with Article 227 of the Criminal Procedure Code.
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If it is deemed necessary to extend the duration of the application of the special investigative measure, then at least 10 days before the expiry date, the Head of the provincial investigating body or the Head of the military investigating body at military zone level or higher must issue a written request stating the reasons, accompanied by evidence and documents serving as grounds for requesting the Chief Procurator of the same level to consider and decide on the extension.
Within 03 days from the date of receiving the written request with evidence and documents, the Chief Procurator of the same level must issue a decision extending or not extending the application, or issue a written request requiring the investigating body to provide additional evidence or documents to consider the extension.
Legal Grounds:
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Chapter XVI of the 2015 Criminal Procedure Code;
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Clause 26 Article 1 of the Law amending the Criminal Procedure Code 2025;
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Articles 25 and 26 of Joint Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP.
