Joint Circular No. 02/2020/TTLT-BCA-BQP-BYT-BNG-TANDTC-VKSNDTC dated October 14, 2020 of the Ministry of Public Security, Ministry of National Defense, Ministry of Health, Ministry of Foreign Affairs, Supreme People’s Court and Supreme People’s Procuracy on coordinated organization of execution of death sentences by lethal injection

JOINT CIRCULAR

On coordinated organization of execution of death sentences by lethal injection^[1]

Pursuant to the November 27, 2015 Criminal Procedure Code;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to the June 14, 2019 Law on Execution of Criminal Judgments;

Pursuant to the Government’s Decree No. 43/2020/ND-CP of April 8, 2020, prescribing execution of death sentences by lethal injection;

The Ministers of Public Security; National Defense; Health; and Foreign Affairs, Chief Justice of the Supreme People’s Court, and Procurator General of the Supreme People’s Procuracy jointly provide coordinated organization of execution of death sentences by lethal injection.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular provides principles, order and procedures for execution of death sentences; organization of execution of death sentences; postponement of execution of death sentences; files for execution of death sentences; permission for receipt of corpses, bone ash and remains and burial of executed persons, and responsibilities of agencies, organizations and individuals in organizing the execution of death sentences by lethal injection.

Article 2. Subjects of application

This Joint Circular applies to agencies in the Public Security Forces, Army, and health, foreign affairs, court and procuracy sectors in organizing the execution of death sentences by lethal injection, and agencies, organizations and individuals involved in organization of the execution of death sentences and persons sentenced to death.

Article 3. Principles of execution of death sentences

1. Complying with the Constitution, law and regulations on execution of criminal judgments; meeting political, legal and external requirements, and ensuring the State’s humanitarian policies in the execution of death sentences.

2. Ensuring safety, strictness and lawfulness.

3. Ensuring centralized and uniform direction and command by councils for execution of death sentences; ensuring proper performance of functions and tasks and proper exercise of powers of every agency or unit as provided by law.

4. Ensuring that death sentences are executed in law-prescribed locations for execution of death sentences.

Article 4. Funds for execution of death sentences

1. Funds for purchase of lethal injection drugs for execution of death sentences and security for execution of death sentences shall be allocated from the state budget and included in annual budget estimates of the Ministry of Public Security, Ministry of National Defense, provincial-level Departments of Public Security, and criminal judgment execution agencies of military zones and the equivalent (below collectively referred to as military zone-level criminal judgment execution agencies) in accordance with the Law on the State Budget.