Decree No. 127/2017/ND-CP dated November 16, 2017 of the Government on prescribing in detail the sealing and breaking of seals of exhibits

DECREE
Prescribing in detail the sealing and breaking of seals of exhibits^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 27, 2015 Criminal Procedure Code;

Pursuant to the November 14, 2008 Law on Enforcement of Civil Judgments, and the November 25, 2014 Law Amending and Supplementing a Number of Articles of the Law on Enforcement of Civil Judgments;

Pursuant to the National Assembly’s Resolution No. 41/2017/QH14 of June 20, 2017, on the implementation of Penal Code No. 100/2015/QH13, which was amended and supplemented under Law No. 12/2017/QH14, and on the effect of Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, and Law No. 94/2015/QH13 on Custody and Temporary Detention;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree prescribing in detail the sealing and breaking of seals of exhibits.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes definition, principles of; order and procedures for and tasks, powers and responsibilities for, sealing and breaking of seals of different types of exhibits in investigation, prosecution, trial and judgment execution.

Article 2. Subjects of application

This Decree applies to bodies and persons competent to conduct legal proceedings, proceeding participants, and agencies, organizations and individuals involved in the sealing and breaking of seals of exhibits.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Sealing of an exhibit means keeping an exhibit intact in the following ways:

a/ Putting the exhibit in a safely protected state by wrapping or boxing it, putting it into a box, bottle, vial and otherwise (below referred to as wrapping, putting in a closed box) and affixing paper seals onto parts of the wrapper or box which can be opened to take out or swap the exhibit or impacted to alter the originality of the exhibit;

b/ For a heavy or large or immovable exhibit, paper seals shall be affixed to every part or important parts of the exhibit;

c/ Some types of exhibits may be locked, clamped with lead or steel wire or otherwise wrapped up before being affixed paper seals.

2. Breaking the seal of an exhibit means removing its paper seal(s) and opening its wrapping or box, for exhibits which are wrapped up or put into a closed box; or removing the paper seal(s), for exhibits which are not wrapped up or put into a closed box or immovable exhibits.

3. Paper seal means a highly durable paper on which the name of the agency in charge of sealing exhibits, full names, signatures or fingerprints (together with names of fingerprint-pressing persons) of persons organizing the sealing, persons participating in the sealing, and time of sealing are written and the stamp of the related agency
is appended.

 4. Person organizing the sealing and breaking of seals of exhibits means the person assigned by a competent agency or person to conduct criminal proceedings or execute a judgment.

Article 4. Principles of sealing and breaking of seals of exhibits

1. To be done only when requested to serve investigation, prosecution, trial or judgment execution activities.

2. To comply with the order, procedures, forms and competence in accordance with law and this Decree.

3. To ensure promptness and timeliness; to ensure respect for the interests of the State, lawful rights and interests of agencies, organizations and individuals.

4. To keep exhibits intact.

Article 5. Exhibits to be sealed and exhibits not to be sealed

All exhibits collected shall be sealed, except the following:

1. Exhibits being live animals and plants.

2. Exhibits being documents which are included in case files.

3. Exhibits which are perishable or hard to be preserved.

4. Other exhibits which the agencies or persons competent to conduct legal proceedings deem they need not to be sealed.

Article 6. Persons organizing the sealing and breaking of seals of exhibits

1. Heads and deputy heads of investigation bodies and investigators.

2. Heads, deputy heads and investigation officers of bodies assigned to carry out a number of investigation activities.

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