Joint Circular 01/2021/TTLT-VKSNDTC-BCA-BQP-BNN&PTNT-BTC detailing the application of grounds for suspension for the reason of force majeure events due to natural disasters and epidemics specified in the Criminal Procedure Code

JOINT CIRCULAR

Detailing the application of grounds for suspension for the reason of force majeure events due to natural disasters and epidemics specified at Point c, Clause 1, Article 148; Point d, Clause 1, Article 229, and Point d, Clause 1, Article 247, of the Criminal Procedure Code^[1]

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

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

The Procurator General of the Supreme People’s Procuracy, the Minister of Public Security, the Minister of National Defense, the Minister of Agriculture and Rural Development, and the Minister of Finance promulgate the Joint Circular detailing the application of grounds for suspension due to force majeure events due to natural disasters and epidemics specified at Point c, Clause 1, Article 148; Point d, Clause 1, Article 229, and Point d, Clause 1, Article 247, of the Criminal Procedure Code.

Article 1. Scope of regulation and subjects of application

1. This Joint Circular details the application of grounds for suspension for the reason of force majeure events due to natural disasters and epidemics specified at Point c, Clause 1, Article 148; Point d, Clause 1, Article 229, and Point d, Clause 1, Article 247, of the Criminal Procedure Code, covering the following contents:

a/ Principles of application of grounds for suspension for the reason of force majeure events due to natural disasters and epidemics;

b/ Suspension for the reason of force majeure events due to natural disasters;

c/ Suspension for the reason of force majeure events due to epidemics;

d/ Coordination in management and settlement of matters and cases suspended for the reason of force majeure events due to natural disasters and epidemics.

2. This Joint Circular applies to:

a/ Investigation bodies at all levels of the People’s Public Security forces, investigation bodies at all levels of the People’s Army, the investigation body of the Supreme People’s Procuracy, and the investigation body of the Central Military Procuracy;

b/ Bodies assigned to carry out a number of investigation activities specified in Clause 1, Article 35 of the Criminal Procedure Code;

c/ People’s procuracies and military procuracies at all levels;

d/ Persons competent to conduct the proceedings of the bodies specified at Points a, b and c of this Clause;

dd/ Other related agencies, organizations and individuals.

Article 2. Principles of application of grounds for suspension for the reason of force majeure events due to natural disasters and epidemics

Upon application of grounds for suspension for the reason of force majeure events due to natural disasters and epidemics specified at Point c, Clause 1, Article 148; Point d, Clause 1, Article 229, and Point d, Clause 1, Article 247, of the Criminal Procedure Code, bodies and persons competent to conduct the proceedings shall adhere to the following principles:

1. Complying with the Criminal Procedure Code and relevant regulations;

2. Only when having sufficient grounds specified in Articles 3 and 4 of this Joint Circular;

3. Guaranteeing human rights and lawful rights and interests of related agencies, organizations and individuals;

4. Ensuring prudent decision on application of grounds for suspension to each matter or case, prohibiting abuse in the application;

5. Ensuring control of crimes, and not affecting the settlement of matters and cases upon resumption.

Article 3. Suspension for the reason of force majeure events due to natural disasters

1. Bodies and persons competent to conduct the proceedings may only suspend the settlement of matters and cases for the reason of force majeure events due to natural disasters under Point c, Clause 1, Article 148; Point d, Clause 1, Article 229, or Point d, Clause 1, Article 247, of the Criminal Procedure Code when fully having the following grounds:

a/ They have applied all necessary measures specified by law but remain unable to perform one or several procedural activity(ies) to complete the settlement of offense denunciations or reports or criminal case initiation proposals; or to complete investigation or decide on prosecution for the reason that such matters or cases fall into one of the cases specified in Clause 2 of this Article;

b/ The time limit for settlement of offense denunciations or reports or criminal case initiation proposals; or the time limit for investigation or decision on prosecution has expired.

2. Force majeure events due to natural disasters:

a/ Proceeding participants or bodies and persons competent to conduct the proceedings are in areas where the state of emergency due to natural disasters is declared or areas where there is a situation of emergency caused by natural disasters in accordance with the law on state of emergency and law on natural disaster prevention and control;

b/ Places where procedural activities need to be carried out are in areas where the state of emergency due to natural disasters is declared or areas where there is a situation of emergency caused by natural disasters in accordance with the law on state of emergency and law on natural disaster prevention and control.

Article 4. Suspension for the reason of force majeure events due to epidemics

1. Bodies and persons competent to conduct the proceedings may only suspend the settlement of matters and cases for the reason of force majeure events due to epidemics under Point c, Clause 1, Article 148; Point d, Clause 1, Article 229, or Point d, Clause 1, Article 247, of the Criminal Procedure Code when fully having the following grounds:

a/ They have applied all necessary measures as specified by law but remain unable to perform one or several procedural activity(ies) to complete the settlement of offense denunciations or reports or criminal case initiation proposals; or to complete investigation or decide on prosecution for the reason that such matters or cases fall into one of the cases specified in Clause 2 of this Article;

b/ The time limit for settlement of offense denunciations or reports or criminal case initiation proposals; or the time limit for investigation or decision on prosecution has expired.

2. Force majeure events due to epidemics:

a/ Proceeding participants or bodies and persons competent to conduct the proceedings or places where procedural activities need to be carried out  are in areas where the state of emergency due to epidemics is declared in accordance with the law on state of emergency and law on infectious disease prevention and control;

b/ Proceeding participants are currently in medical isolation under decisions of competent agencies or persons for the reason that they are suffering group-A diseases or fall into other cases related to group-A diseases in accordance with the law on infectious disease prevention and control;

c/ Proceeding participants or bodies and persons competent to conduct the proceedings or places where procedural activities need to be carried out are in areas where the Prime Minister or the Minister of Health declares epidemics for group-A infectious diseases in accordance with the law on infectious disease prevention and control.

Article 5. Coordination in management and settlement of matters and cases suspended for the reason of force majeure events due to natural disasters or epidemics

The coordination in management and settlement of suspended matters and cases; resumption of settlement of offense denunciations or reports or criminal case initiation proposals; resumption or termination of investigation of cases suspended in the stage of investigation; resumption or termination of investigation of cases suspended in the stage of prosecution; application or cancellation of deterrent measures or coercive measures; management and handling of material evidence, documents, objects and assets temporarily seized in suspended matters and cases; making and management of files of suspended matters and cases; and provision of information, making of statistics and reports on matters and cases suspended for the reason of force majeure events due to natural disasters or epidemics must comply with the Criminal Procedure Code and Joint Circular No. 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNNPTNT-BTC-BTP of June 1, 2020, of the Procurator General of the Supreme People’s Procuracy, the Chief Justice of the Supreme People’s Court, the Minister of Public Security, the Minister of National Defense, the Minister of Agriculture and Rural Development, the Minister of Finance, and the Minister of Justice, on coordination in the implementation of a number of articles of the Criminal Procedure Code regarding management and settlement of suspended cases and matters.

Article 6. Implementation provisions

1. This Joint Circular takes effect on December 1, 2021.

2. The Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, and the Ministry of Finance shall, within the ambit of their functions, tasks and powers, organize the implementation of this Joint Circular.

Any problems arising in the course of implementation of this Joint Circular which necessitate supplementations to its provisions should be promptly reported to the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, and the Ministry of Finance for consideration and guidance or provision of appropriate amendments or supplementations.-