Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development and the People’s Supreme Procuracy dated December 29, 2017 on cooperation between various authorities in implementation of the criminal procedure code 2015 regarding receipt and handling of crime reports and petitions for prosecution

THE MINISTRY OF PUBLIC SECURITY – THE MINISTRY OF NATIONAL DEFENSE –MINISTRY OF FINANCE –MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT – THE PEOPLE’S SUPREME PROCURACY

Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development and the People’s Supreme Procuracy dated December 29, 2017 on cooperation between various authorities in implementation of the criminal procedure code 2015 regarding receipt and handling of crime reports and petitions for prosecution

Pursuant to the Criminal Procedure Code 2015;

Pursuant to the Law on Organization of investigating authorities 2015;

The Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Minister of Agriculture and Rural development, the Chief Procurator of the Supreme People’s Procuracy promulgate a Joint Circular oncooperation between various authorities in implementation of the Criminal Procedure Code 2015 regarding receipt and handling of crime reports and petitions for prosecution.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Circular provides for cooperation between various authorities in implementation of the Criminal Procedure Code 2015 regarding receipt and handling of crime reports and petitions for prosecution.

Article 2.Subject of application

This Circular applies to investigating authorities, agencies assigned to investigate, chiefs and deputies, investigators and detectives thereof; Procuracies, Directors, Deputy Directors, procurators and inspectors thereof; police authorities of communes, police stations, other organizations and individuals involved in receipt and handling of crime reports and petitions for prosecution.

Article 3. Definitions

For the purpose of this Joint Circular, the terms below are construed as follows:

1. “Serious violation of law” means a situation in which an organization or person having the power to handle crime reports or petitions for prosecution (hereinafter referred to as “competent authority” or “competent person”) fails to comply with or fully comply with the Circular specified in the Criminal Procedure Code 2015 during verification and thus seriously violates the lawful rights and interests of the litigants or affects the truthfulness and integrity of the source of information about criminal activities.

2. “Sign of omission of crime” means a situation in which a competent authority or competent person fails to issue a decision to bring a criminal charge or issues a decision not to bring a criminal charge or delays the handling of a crime report or petition for prosecution despite the fact that there is ample evidence for doing so.

Article 4. Rules for receiving and handling crime reports and petitions for prosecution

1. Human rights, the lawful rights and interests of the organizations and individuals involved must be protected.

2. All crime reports and petitions for prosecution must be received and handled in a timely manner in accordance with the procedures specified in the Criminal Procedure Code 2015 and provisions of the Joint Circular.

3. Only competent authorities and competent persons may handle crime reports and petitions for prosecution.

4. While receiving and handling crime reports and petitions for prosecution, the competent persons must comply with regulations of law and take responsibility for their decisions. Any person who acts against the law while receiving and handling crime reports and petitions for prosecution, depending on the nature and severity of the violations, shall face disciplinary actions or criminal prosecution.

5. The authority that receives or handles crime reports or petition for prosecution shall fulfill the request of the reporting or requesting entity to keep such report or request secret, protect their and their family’s life, dignity, property, lawful rights and interests if they are threatened.

Article 5. Responsibility to receive and handle crime reports and petitions for prosecution

1. The following organizations have the responsibility to receive and handle crime reports and petitions for prosecution;

a) Investigating authorities;

b) Agencies assigned to investigate;

c) Procuracies at all levels;

d) The organizations specified in Point b Clause 2 Article 145 of the Criminal Procedure Code 2015: police authorities of communes, police stations; courts at all levels; press agencies and other organizations.

2. The power to receive and handle crime reports and petitions for prosecution

a) The organizations specified in Point a and Point b Clause 1 of this Article, except for security teams of police authorities of districts, which have the power to handle crime reports within their competence.

b) The Procuracy shall handle a crime report in the cases where the investigating authority or agency assigned to investigate commits a serious violation of law during verification of the crime report or is suspected of omission of crime and fails to make rectification within 15 days from the day on which such authority or agency receives a written request from the Procuracy.

Article 6. Responsibility to receive and power to handle petitions for prosecution

1. Investigating authorities have the responsibility to receive and handle petitions for prosecution.

2. Procuracies shall receive all petitions for prosecution and immediately transfer them to competent investigating authorities.

The Procuracy shall handle a crime report in the cases where the investigating authority or agency assigned to investigate commits a serious violation of law during verification of the request or is suspected of omission of crime and fails to make rectification within 15 days from the day on which such authority or agency receives a written request from the Procuracy.

Chapter II

SPECIFIC PROVISIONS

Article 7. Receipt of crime reports and petitions for prosecution

1. Every investigating authority and Procuracy shall have a team which operates 24/24 to receive every crime report and petition for prosecution (including those through mass media); categorize and transfer them to competent authorities for handling. The receiving authority must have a convenient location and a signboard.

b) Agencies assigned to investigate, polices authorities of communes and police stations shall assign officers in charge of receiving crime reports.

Other organizations shall assign a person to receive such information on demand.

2. Investigating authorities and agencies assigned to investigate shall record crime reports and requests for charges sent by post, by phone or other media in their logbooks. Information that is provided in person shall be written in a logbook and a record. Audio or video recording is permissible.

When a criminal turns himself/herself in, the procedures specified in Article 152 of the Criminal Procedure Code 2015 shall be followed.

Article 8. Classification of crime reports and petitions for prosecution

1. A crime report or petition for prosecution shall be classified within 24 hours from its receipt. Such crime report or petition for prosecution shall be handled if it is within the competent of the receiving authority according to Article 9 of this Joint Circular. A crime report or petition for prosecution beyond the competence of the receiving authority shall be immediately transferred to a competent investigating authority within 24 hours from its receipt. Otherwise, the competent investigating authority must be notified as fast as possible.

2. The agency assigned to investigate (except for security teams of district police authorities) shall classify a crime report within 24 hours from its receipt. Such crime report shall be handled if it is within the competent of the receiving authority according to Article 9 of this Joint Circular. A crime report beyond the competence of the receiving authority shall be immediately transferred to a competent investigating authority within 24 hours from its receipt. Otherwise, the competent investigating authority must be notified as fast as possible.

3. The Procuracy shall transfer a crime report or petition for prosecution to the competent investigating authority within 24 hours from its receipt. Otherwise, the competent investigating authority must be notified as fast as possible.

4. When the police authority of a district receives a crime report that is within the competence of the police authority of the province, it shall prepare a record, take statements and transfer the crime report and relevant documents or items to a competent authority within 24 hours from its receipt.  Otherwise, the competent investigating authority must be notified as fast as possible.

5. When the police authority of an urban commune or commune-level town or a police station receives a crime report, its shall prepare a record, carry out initial verification and transfer the crime report together with relevant documents or items to a competent investigating authority within 24 hours from its receipt.

When the police authority of a commune or police station receives a crime report, its shall take statements and transfer the crime report together with relevant documents or items to a competent investigating authority within 24 hours from its receipt. For communes in remote areas where traveling is difficult, a crime report may be transferred within 48 hours from its receipt.

When a police post receives a crime report, its shall prepare a record and transfer the crime report together with relevant documents or items to a competent investigating authority within 24 hours from its receipt.

In case of urgency where the crime must be prevented, evidence must be collected and the crime scene must be protected, the aforementioned receiving authority shall inform a competent investing authority as fast as possible and take appropriate measures as prescribed by law.

6. Courts, press agencies and other organizations shall transfer crime reports to competent investigating authorities as soon as they are received. In case of urgency, the investigating authority may be informed by phone or otherwise informed, and a written notification may be sent later.

7. Crime reports that have been broadcasted shall be handled by competent investigating authorities. In the cases where the location of a crime is yet to be identified or the case involves more than one province, the investigating authority of the same district as that of the broadcasting agency shall perform the initial handling.

Article 9. Handling crime reports and petitions for prosecution

1. Within 03 days from the receipt of a crime report or petition for prosecution within its competence, the chief of the investigating authority shall assign its investigators or detectives to handle the case, or  issue a decision to assign the deputy of the investigating authority to handle the case and send a written notification to the Procuracy at the same level or another competent Procuracy.

If there is ample evidence to bring a charge, the investigating authority shall issue a decision to bring a charge and follow the procedures specified in the Criminal Procedure Code 2015 but is not required to issue a decision to assign people handling the crime report or petition for prosecution.

2. Within 03 days from the receipt of the crime report or petition for prosecution within its competence, the head of the agency assigned to investigate specified in Clause 2 Article 35 of the Criminal Procedure Code 2015 shall direct the handling of the case; assign its investigators or deputy to handle the case and send a written notification to the Procuracy at the same level or another competent Procuracy.

If there is ample evidence to bring a charge, the chief shall issue a decision to bring a charge and follow the procedures specified in the Criminal Procedure Code 2015 but is not required to issue a decision to assign people handling the crime report or petition for prosecution.

3. When the process of handling the crime report or petition for prosecution is complete, the handling authority shall issue one of the decisions specified in Clause 1 Article 147 of the Criminal Procedure Code 2015.

The suspension or restoration of the process of handling crime reports and petitions for prosecution shall comply with Article 148 and Article 149 of the Criminal Procedure Code 2015.

Article 10. Exercising the Procuracies’ rights to receipt and handling of crime reports and petitions for prosecution

1. Duties and entitlements of Procuracies regarding receipt and handling of crime reports and petitions for prosecution are specified in Article 159 and Article 160 of the Criminal Procedure Code 2015.

2. Within 03 days from the receipt of decision to assign the handler of the crime report or petition for prosecution from the investigating authority, the agency assigned to investigate and the Procuracy shall direct the exercising of the Procuracies’ rights regarding the receipt and handling of the crime report or petition for prosecution; assign procurators or inspectors, or request the deputy of the Procuracy, in writing, to perform these tasks, and send one copy to the investigating authority or the agency assigned to investigate which issued such decision.

If the investigating authority or agency assigned to investigate has issued a decision to bring a charge, the chief of the Procuracy shall directly direct the process of charge, investigation, assign procurators or inspectors or the deputy of the Procuracy to Within 2015 days from the receipt of decision to assign the handler of the crime report or petition for prosecution from the investigating authority, the agency assigned to investigate and the Procuracy shall direct the exercising of the Procuracies’ rights regarding the receipt and handling of the crime report or petition for prosecution; assign procurators or inspectors, or request the deputy of the Procuracy, in writing, to perform these tasks in accordance with the Criminal Procedure Code 2015.

Article 11. Time limit for handling a crime report or petition for prosecution

1. A crime report or petition for prosecution shall be handled within 20 days from the day on which it is received by a competent authority. In complicated cases that require verification at multiple locations, the chief or deputy (if authorized by the chief) of the handling authority may extend the aforementioned time limit to up to 02 months.

2. At least 05 days before the deadline mentioned in Clause 1 of this Article, the chief or deputy (if authorized by the chief) of the handling authority must send a written request to the Procuracy of the same level or a competent Procuracy for extension of the deadline. Within 03 days from the receipt of such request, the Procuracy shall make a decision. If the request is considered justifiable, the chief or deputy of the Procuracy (if authorized by the chief) shall issue a decision to extend the deadline for up to 02 more months. If the request is considered unjustifiable, the chief or deputy of the Procuracy (if authorized by the chief) shall issue a request that the handling authority must suspend the case, provide explanation, and issue one of the decisions specified in Clause 1 Article 147 of the Criminal Procedure Code 2015.

3. In the cases where the Procuracy cancel the decision to suspend the case, the case must be resumed within 01 month from the day on which the decision on cancellation is received.

In the cases where the handling authority issues a decision to resume the case, the case must be resumed within 01 months from the issuance date of such decision.

Article 12. Handling of a case that involve more than one handling units

1. Regarding a crime report or petition for prosecution that is meant to be handled by an investigating authority and involves more than one handling units of the investigating authority, the chief of the according to may divide the crime report or petition for prosecution into multiple parts, each of which will be handled by a separate unit. The decision to assign handling units must be sent to a competent Procuracy.

2. When the agency assigned to investigate receives a crime report that contains a crime within its competence and a crime beyond its competence, it shall transfer the case to an investigating authority that has the power to handle both of them.

3. In the cases where the same crime report or petition for prosecution is sent to more than one competent authority:

a) If the case is within the competence of an investigating authority and an agency assigned to investigate, the former shall handle it;

b) If the case is within the competence of a superior investigating authority and its inferior investigating authority, the chief of the superior authority shall make decision; the same is applied to agencies assigned to investigate.

4. Where necessary the authority handling a crime report or petition for prosecution may request another competent authority, in writing, to verify it. The request shall be sent to the requested authority and the Procuracy at the same level as the requested authority.

The requested authority must comply with the request and take responsibility for the verification result. If the request cannot be granted, the requested authority shall send a written explanation to the requesting authority.

The Procuracy at the same level as the requested authority shall exercise its rights regarding verification of the crime report or petition for prosecution being handled by the requesting authority and send the verification result to the Procuracy at the same level as the requesting authority.

5. In case of disagreement, Article 150 of the Criminal Procedure Code 2015 shall be complied with.

Article 13. Responsibility of investigating authorities and agencies assigned to investigate to comply with requests and decisions of Procuracies regarding receipt and handling of crime reports and petitions for prosecution

1. Investigating authorities and agencies assigned to investigate shall comply with requests and decisions of Procuracies regarding receipt and handling of crime reports and petitions for prosecution.

2. Whenever the Procuracy requests the authority handling a crime report or petition for prosecution to transfer the case to the Procuracy, the handling authority shall transfer relevant documents to the Procuracy within 05 days from the day on which such a request is made by the Procuracy.

If the handling authority does not concur with such request, it still has to comply with it and may send a petition to superior Procuracy. Whenever the Procuracy requests the authority handling a crime report or petition for prosecution to transfer the case to the Procuracy, the handling authority shall transfer relevant documents to the Procuracy within 10 days from the day on which such a request is made by the Procuracy.

Article 14. Notification of receipt of crime reports and petitions for prosecution

1. Within 03 working days from the receipt of a crime report or petition for prosecution, the receiving authority shall send a written notification to the Procuracy at the same level or a competent Procuracy, and the organization or individual that submits the report or petition.

2. When the process of handling the crime report or petition for prosecution is complete, the handling authority shall send a notification to the Procuracy that exercised its rights regarding the handling of the case in accordance with Article 148, Article 154, Article 158 of the Criminal Procedure Code 2015.

3. Within 03 days from the day on which the handling of the crime report or petition for prosecution is complete, the handling authority shall send a notification of the result to the organization or individual that submits the report or petition.

4. Within 03 days from the issuance date of the decision to resume a case, the handling authority shall send such decision to the Procuracy at the same level or a competent Procuracy and the organization or individual that submits the report or petition.

Article 15. Handling requests of the crime informer, the accused and the victim

1. When the crime informer, the accused or the victim has a request regarding the crime report or petition for prosecution, the investigating authority or agency assigned to investigate or Procuracy shall consider it and notify them of the result. If the request is rejected, the investigating authority or agency assigned to investigate or Procuracy shall prepare a written explanation.

2. If the requesting person does not concur with the result, he/she may file a complaint. The complaint and settlement thereof shall comply with Chapter XXXIII of the Criminal Procedure Code 2015.

Article 15. Converting a criminal case into a civil case

1. If the authority handling a crime report or petition for prosecution issues a decision not to bring a criminal charge and finds that there are administrative violations, it shall prepare and retain copies of documents, prepare a request for imposition of administrative penalties and transfer the original documents and evidence (if any) to a person having the power to impose administrative penalties.

2. Administrative penalties shall be imposed according to the case documents transferred by the handling authority. Where necessary, the person having the power to impose administrative penalties shall perform further verification as the basis for issuance of the decision on imposition of administrative penalties.

Chapter III

IMPLEMENTATIONORGANIZATION

Article 17. Effect

This Joint Circular takes effect on March 01, 2018.

To replace Joint Circular No. 06/2013/TTLT-BCA-BQP-BTC-BNNPTOT-VKSNDTC dated August 02, 2013.

Article 18. Implementationresponsibilities

Relevant agencies and units of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development and the People’s Supreme Procuracy are responsible for implementation and providing guidelines for implementation of this Joint Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development and the People’s Supreme Procuracy.

For the Minister of National Defense
The Deputy Minister

The Senior Lieutenant-General Le Chiem

For The Ministry of Public Security

The Deputy Minister

The Senior Lieutenant-General Le Quy Vuong

For the Minister of Agriculture and Rural Development

The Deputy Minister

Ha Cong Tuan

For Chief of the People’s Supreme Procuracy

The Deputy Chief

Nguyen Hai Phong

For the Minister Of Finance

The Deputy Minister

Vu Thi Mai