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

Suspension of criminal case settlement in case proceeding participants are currently in medical isolation

The Joint Circular No. 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 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 is issued on November 29, 2021 by the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, the Ministry of Finance.

Accordingly, 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 in case 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 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.

Force majeure events due to epidemics are prescribed as follows: 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; 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, etc.

Upon application of grounds for suspension for the reason of force majeure events due to natural disasters and epidemics, bodies and persons competent to conduct the proceedings shall comply with the Criminal Procedure Code and relevant regulations; guarantee human rights and lawful rights and interests of related agencies, organizations and individuals.

This Joint Circular takes effect on December 1, 2021.

For further details of the Joint Circular 01/2021/TTLT-VKSNDTC-BCA-BQP-BNN&PTNT-BTC, Click here