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
Defense counsels, participating in the sealing and breaking of seals of exhibits
On November 16, 2017, the Government issued the regulations detailing the sealing and breaking of seals of exhibits at the Decree No. 127/2017/ND-CP.
Accordingly, all exhibits collected shall be sealed, except exhibits being live animals and plants; exhibits being documents which are included in case files; exhibits which are perishable or hard to be preserved; and other exhibits which the agencies or persons competent to conduct legal proceedings deem they need not to be sealed.
Persons participating in the sealing of exhibits include witnesses or representatives of the administrations of communes, wards or townships where exhibits are sealed; persons concerned; representatives of agencies and organizations with interests, obligations and/or responsibilities related to the exhibits (if any); defense counsels (if any); defense counsels (if necessary) may participate in the breaking of seals of exhibits
The persons organizing and participating in the sealing shall sign and write their full names or press their fingerprints (together with the names of the fingerprint-pressing persons) on the paper seals (in unfadable ink); to append the stamp of the agency or organization organizing the sealing or of the administration of the commune, ward or township where the sealing is done to paper seals; for an exhibit wrapped or put into a closed box, paper seals shall be affixed onto parts of the wrapper or box which can be opened to take out the exhibit or impacted to alter the originality of the exhibit; and for a heavy, large or immovable exhibit, paper seals shall be affixed onto its important parts which display the origin and typical features of the exhibit and its couplings or joints.This Decree takes effect on January 01, 2018.
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translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIETNAM
Hanoi, November 16, 2017
Prescribing in detail the sealing and breaking of seals of exhibits
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.
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.