The Ministry of National Defense has just responded to voters regarding the proposal to adjust the criminal investigation authority of the Border Guard after the reorganization.
Accordingly, voters in Hue City proposed: According to the provisions of Article 32 of the Law on Organization of Criminal Investigation Agencies, the Provincial Border Guard Command (BDBP) is the agency assigned to conduct a number of investigation activities.
However, the Border Guard Command is currently merged into the Border Guard Command under the Provincial/City Military Command from July 1, 2025. Therefore, it is recommended that the competent authorities soon amend the Law on Organization of Criminal Investigation Agencies in accordance with the practical situation.
Responding to voters' recommendations, the Ministry of National Defense said that, based on the Law on Organization of Local Government at two levels No. 72/2025/QH15 dated June 16, 2025; Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly regulating the handling of a number of issues related to the arrangement of the state apparatus and the decisions of the Minister of National Defense on the dissolution of 44 Border Guard Commands of provinces and cities under the Border Guard Command, the establishment of 30 Border Guard Command Committees under the Military Commands of provinces and cities.
Pursuant to Article 35 of the 2015 Criminal Procedure Code (amended and supplemented by Law No. 99/2025/QH15 dated June 27, 2025) stipulates that the Border Guard is the agency assigned to conduct a number of investigation activities.
Accordingly, after the merger and dissolution, the Border Guard currently has 471 agencies assigned to conduct a number of investigation activities, including: 2 agencies at the Department level (Department of Drug Prevention and Control and Crime of the Border Guard; Border Guard Investigation Department); 30 Border Guard Command Committees of provinces and cities; 433 Border Guard Stations; 3 Border Guard Drug and Crime Prevention and Control Task Force; 3 Border Guard Investigation Teams.
Regarding the criminal investigation authority of agencies assigned to conduct a number of investigation activities in the Border Guard: According to the provisions of Articles 35 and 39 of the 2015 Criminal Procedure Code (amended and supplemented in 2025); Articles 9, 10, and 32 of the Law on Organization of Criminal Investigation Agencies (amended and supplemented in 2021) and related documents; Border Guard units with the authority to investigate 51/112 crimes specified in the Penal Code.
The Ministry of National Defense said that currently, this agency has directed competent agencies to closely monitor and monitor the development process of the draft Law on Organization of Criminal Investigation Agencies (amended) to promptly make recommendations and proposals for amendments and supplements to Article 32 and other articles related to the criminal investigation authority of the Border Guard, ensuring compliance with the model of local government at 2 levels.
