Circular 129/2021/TT-BCA amend Circular 28/2020/TT-BCA on People's Public Security forces’ settlement of denunciations on offenses

CIRCULAR

Amending and supplementing a number of articles of the Circular No. 28/2020/TT-BCA dated March 26, 2020 of the Minister of Public Security stipulating the order and procedures for People's Public Security forces’ receipt, classification, handling and settlement of denunciations or reported information about offenses and criminal case initiation proposals

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Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing a Number of Articles of the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Law on Organization of Criminal Investigation Bodies dated November 26, 2015;

Pursuant to the Law on the People’s Public Security Forces dated November 20, 2018;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

Pursuant to the Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to the Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017, of the Ministry of Public Security, the Ministry of National Defence, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People’s Procuracy, providing the coordination among competent agencies in implementing a number of provisions of the 2015 Criminal Procedure Code regarding the receipt and settlement of denunciations or reported information about offenses and criminal case initiation proposals;

Pursuant to the Joint Circular No. 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated November 29, 2021 of the Ministry of Public Security, the Ministry of National Defence, the Ministry of Finance, the Ministry of Agriculture and Rural Development and the Supreme People's Procuracy amending and supplementing a number of articles of the Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC;

Pursuant to the Circular No. 119/2021/TT-BCA dated December 8, 2021 of the Minister of Public Security providing for forms, papers and books on criminal investigation;

At the proposal of the Chief of the Investigation Police Office of the Ministry of Public Security;

The Minister of Public Security promulgates the Circular amending and supplementing a number of articles of the Circular No. 28/2020/TT-BCA dated March 26, 2020 of the Minister of Public Security stipulating the order and procedures for People's Public Security forces’ receipt, classification, handling and settlement of denunciations or reported information about offenses and criminal case initiation proposals.

Article 1. Amending and supplementing a number of articles of the Circular No. 28/2020/TT-BCA dated March 26, 2020 of the Minister of Public Security stipulating the order and procedures for People's Public Security forces’ receipt, classification, handling and settlement of denunciations or reported information about offenses and criminal case initiation proposals as follows:

1. Amend and supplement Clause 1, Article 7 as follows:

“1. After receiving denunciations and reported information about offenses according to the order and procedures specified in Article 5 of this Circular, the public security offices of communes, wards or townships, public security posts, public security stations shall make a record of receipt (according to form No. 01 issued together with the Circular No. 119/2021/TT-BCA), classify and handle denunciations and reported information about offenses in accordance with regulations (in Article 1 of the Joint Circular No. 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated November 29, 2021 amending and supplementing a number of articles of the Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017), specifically:

a) For denunciations and reported information about very serious or particularly serious criminal acts or of public concern; denunciations, reported information about offenses with clear information on persons committing the criminal acts or persons against whom offense denunciations are made, that there are grounds to believe that such persons may abscond, there are grounds and it is necessary to apply preventive measures, the public security offices of communes, wards or townships and public security stations shall immediately notify by the fastest communication forms to the competent investigation bodies; immediately organize forces to protect the scene, take statements of, persons denouncing or reporting offenses, victims, witnesses, persons against whom offense denunciations are made and related persons (make a record of statements according to form No. 140 issued together with the Circular No. 119/2021/TT-BCA); verify and clarify the personal details and background of the persons against whom offense denunciations are made, victims and related persons; detect, seize and preserve objects and documents related to acts showing criminal signs (make a record of seizure of objects and documents according to form No. 148 issued together with the Circular No. 119/2021/TT-BCA) and transfer denunciations and reported information about offenses together with relevant objects and documents to the competent investigation agency (make a form of transfer of criminal information according to form No. 03, minutes of delivery, receipt of objects, documents and evidences according to form No. 155 promulgated together with the Circular No. 119/2021/TT-BCA) within 24 hours from the time of receipt; for communes in remote mountainous areas, remote areas, islands, with difficult travel conditions, the time limit for transferring denunciations and reported information about offenses shall not exceed 48 hours from the time of receipt;

b) For denunciations or reported information about offenses not falling into the cases specified at Point a of this Clause, the public security offices of communes, wards or townships and public security stations shall take statements of, persons denouncing or reporting offenses, victims, witnesses, persons against whom offense denunciations are made and related persons; be present to inspect and determine the location of the matters (make a minute of inspection and determination of the location of the matter according to form No. 162 issued together with the Circular No. 119/2021/TT-BCA), draw plans describing the scene (draw plans describing the scene according to form No. 168 issued together with the Circular No. 119/2021/TT-BCA), protect the scene; verify and clarify the personal details and background of the persons against whom offense denunciations are made, victims and related persons; preliminarily verify information about damage and consequences; detect, seize and preserve documents and objects related to acts showing criminal signs and immediately transfer denunciations and reported information about offenses together with relevant objects and documents to the competent investigation bodies within 07 days from the date of receipt.

During handling denunciations or reported information about offenses specified at this point, there are grounds to determine that denunciations or reported information about offenses fall into the cases specified at Point a of this Clause, the public security offices of communes, wards or townships and public security stations shall comply with the provisions of Point a of this clause;

c) When receiving denunciations or reported information about offenses, the public security stations shall make a record of receipt and immediately transfer denunciations and reported information about offenses together with relevant documents and objects to the competent investigation bodies within 24 hours from the time of receipt;

d) In urgent cases, it is necessary to immediately prevent the crime or conduct an examination of the scene, search or solicit expert assessment immediately, the public security offices of communes, wards or townships, public security posts and public security stations must immediately report to the competent investigation bodies by the fastest communication forms and take timely handling measures in accordance with the law”.

2. Amend and supplement Clause 2, Article 16 as follows:

“2. If it is determined that there are no signs of crimes or the crimes specified in Clause 1 Articles 134, 135, 136, 138, 139, 141, 143, 155, 156 of the Criminal Code, the victim or his/her representative does not request prosecution, draft Decision not to prosecute the criminal case, together with the report on the completion of the verification of denunciations, reported information about offenses, together with relevant documents and records, report on them to the leaders, the direct commander for collection of opinions before submitting them to the Head or Deputy Heads of the investigation bodies as assigned (or authorized); The Heads or Deputy Heads of agencies assigned to conduct a number of investigation activities of the People's Public Security as assigned (or authorized) for approval, signature and promulgation. Within 24 hours from the time of issuance of the Decision not to prosecute the criminal case, the investigation bodies or the agencies assigned to conduct a number of investigation activities of the People's Public Security must send such Decision together with related documents to the procuracies of the same level or the competent procuracies”.

3. Replace some phrases in some articles, clauses and points as follows:

a) Replace the phrase “Minute of receipt according to form No. 09, issued together with the Circular No. 61/2017/TT-BCA dated December 14, 2017 of the Minister of Public Security stipulating forms, papers and books on criminal investigation (hereinafter referred to as the Circular No. 61/2017)” with the phrase “Minute of receiving criminal information, made according to form No. 01, promulgated together with the Circular No. 119/2021/TT-BCA dated December 8, 2021 of the Minister of Public Security providing for forms, papers and books on criminal investigation (hereinafter referred to as the Circular No. 119/2021/TT-BCA)” in Clause 1, Article 5.

b) Replace the phrase “(02 copies) made according to form No. 196 (issued together with the Circular No. 61/2017)” with the phrase “(make 02 copies according to form No. 214 issued together with the Circular No. 119/2021/TT-BCA)” in Clause 2, Article 5.

c) Replace the phrase “criminal information receipt register made according to form No. 278 (issued according to the Circular No. 61/2017)” with the phrase “logbook on receipt and classification of criminal information (made according to form No. 294 issued together with the Circular No. 119/2021/TT-BCA)” in Clause 8 Article 5.

d) Replace the phrase “according to form No. 54 (issued together with the Circular No. 61/2017)” with the phrase “(according to form No. 69 issued together with the Circular No. 119/2021/TT-BCA)” at Point a, Clause 2, Article 7.

dd) Replace the phrase “according to form No. 55 (issued together with the Circular No. 61/2017)” with the phrase “(according to form No. 70 issued together with the Circular No. 119/2021/TT-BCA)” at Point a, Clause 2, Article 7.

e) Replace the phrase “(form No. 16 issued together with the Circular No. 61/2017)” with the phrase “(according to form No. 24 issued together with the Circular No. 119/2021/TT-BCA)” at Point b, Clause 2, Article 7.

g) Replace the phrase “according to form No. 09 (issued together with the Circular No. 61/2017)” with the phrase “(according to form No. 01 issued together with the Circular No. 119/2021/TT-BCA)” in Clause 2, Article 9.

h) Replace the phrase “form No. 11 (form of transfer of denunciations or reported information about offenses or criminal case initiation proposals) issued together with the Circular No. 61/2017” with the phrase “(form No. 03 issued together with the Circular No. 119/2021/TT-BCA)” in Article 11.

Article 2. Effect

This Circular takes effect from February 14, 2022.

Article 3. Responsibility for implementation

1. The Investigation Police Office of the Ministry of Public Security shall assume the prime responsibility for, and coordinate with relevant units in, guiding, inspecting and urging the implementation of this Circular.

2. The heads of units under the Ministry, the directors of provincial-level public security departments, the heads of Public Security’s investigation departments at all levels, heads of agencies assigned to conduct a number of investigation activities of the People's Public Security shall organize the implementation of this Circular within the scope of their functions and tasks.

3. The investigation police offices of district-level public security sections shall assume the prime responsibility for, and coordinate with the district-level people’s procuracies in, guiding and inspecting the inspection and preliminary verification of denunciations or reported information about offenses of the public security offices of communes, wards or townships, public security posts.

4. During the implementation of this Circular, if there are any problems, the public security offices of units and localities shall report to the Ministry (through the Investigation Police Office of the Ministry of Public Security, the Security Investigation Department of the Ministry of Public Security) for timely guidance.