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.

2. Provincial-level Departments of Public Security and military zone-level criminal judgment execution agencies shall pay remuneration to persons participating in the execution of death sentences specified in Article 3 and burial expenses specified in Article 7 of the Government’s Decree No. 43/2020/ND-CP of April 8, 2020, prescribing execution of death sentences by lethal injection (below referred to as Decree No. 43/2020/ND-CP), and other expenses for the execution of death sentences.

Chapter II

ORGANIZATION OF EXECUTION OF DEATH SENTENCES

Article 5.Issuance of decisions on execution of death sentences

1. After checking the file of a person sentenced to death, including the documents specified at Points a, b, c and d, Clause 1, Article 80 of the Law on Execution of Criminal Judgments, if determining that such person does not fall into the case specified in Clause 3, Article 40 of the 2015 Penal Code (revised in 2017) and is not being investigated, prosecuted or tried for another crime, the chief justice of the court that has conducted the first-instance trial shall issue a decision on death sentence execution against such person under Article 77 of the Law on Execution of Criminal Judgments.

2. In case more than one person involved in a criminal case is sentenced to death, the chief justice of the court with jurisdiction shall issue a decision on death sentence execution against each person in such case.

In case one person is sentenced to death more than once as pronounced by different courts, the chief justice of the court that has conducted the last first-instance trial and pronounced the death sentence shall issue a decision on death sentence execution against such person.

Article 6.Formulation of plans on execution of death sentences

1. Right after the issuance of a decision on establishment of a council for execution of a death sentence, the chairperson of the council shall assign the criminal judgment execution agency of a provincial-level Department of Public Security or a military zone-level criminal judgment execution agency to formulate a plan on execution of the death sentence. Such plan must have the following principal contents:

a/ Realities related to organization of the execution of the death sentence;

b/ Purposes and requirements;

c/ Assignment of tasks to the council’s members;

d/ Projected time and location of organization of the execution of the death sentence;

dd/ Estimated funding for, and other necessary conditions to secure the, execution of the death sentence;

e/ Organization of the execution of the death sentence.

2. The plan on execution of the death sentence shall be sent immediately to members of the council for execution of the death sentence.

Article 7.Meetings of councils for execution of death sentences

1. Within 5 working days after the issuance of a decision on establishment of a council for execution of a death sentence, the chairperson of the council shall hold a meeting of the council. The venue and time of a meeting of the council shall be decided by the council’s chairperson who shall chair the meeting.

2. Members of the council for execution of the death sentence shall attend the council’s meeting to reach agreement on contents of a plan on execution of the death sentence.

3. At the meeting, the council for execution of the death sentence shall decide on the plan on execution of the death sentence.

Article 8.Organization of execution of death sentences

1. Based on plans on execution of death sentences of councils for execution of death sentences, criminal judgment execution agencies of provincial-level Departments of Public Security or military zone-level criminal judgment execution agencies shall make plans on organization of the execution of death sentences, assign and deploy forces and means necessary to secure the execution of death sentences.

2. Assignment of specialized officers to execute death sentences:

a/ Criminal judgment execution agencies of provincial-level Departments of Public Security or military zone-level criminal judgment execution agencies shall assign their judgment execution officers to find veins; medical examiners of provincial-level Departments of Public Security or military zone-level Army units shall make veins of persons sentenced to death show in case it is impossible to find their veins;

b/ When necessary, chairpersons of councils for execution of death sentences shall request in writing provincial-level Departments of Health of localities where the courts that have issued decisions on execution of death sentences are located to send doctors of their attached hospitals to locations of execution of death sentences to guide judgment execution officers to make veins of persons sentenced to death show.

3. For a woman sentenced to death, right after receiving a complete file for execution of her death sentence, the council for execution of the death sentence shall request the head of the criminal judgment execution agency of the provincial-level Department of Public Security or the head of the military zone-level criminal judgment execution agency to issue an order to transfer her to a hospital attached to the provincial-level Department of Health or a military zone-level hospital of the locality where she is held in detention for checking and determining whether she is pregnant or not. The checking must be recorded in a minutes bearing certification by the hospital.

Article 9.Postponement of execution of death sentences

1. The postponement of execution of a death sentence must comply with Article 81 of the Law on Execution of Criminal Judgments.

2. A council for execution of a death sentence shall decide to postpone the execution of the death sentence under Point b, Clause 1, Article 81 of the Law on Execution of Criminal Judgments in the following cases:

a/ A natural disaster or fire or an another external obstacle occurs, making it impossible to execute the death sentence, or the person sentenced to death encounters an accident and therefore needs to be hospitalized while being escorted to the location of execution of the death sentence;

b/ Equipment and tools for execution of the death sentence are damaged; veins of the person sentenced to death cannot be found; the lethal injection drug is not of proper category, quality or quantity, or other conditions for securing the execution of the death sentence are not satisfied.

Article 10.Files for execution of death sentences

1. A file for execution of a death sentence must comprise the following documents:

a/ In case the first-instance judgment is neither appealed nor protested against according to appellate procedures, the file must comprise the documents specified at Points c, d, dd, e, g, h, i, k, l, m, n, o and p, Clause 1, Article 80 of the Law on Execution of Criminal Judgments and:

- The legally effective first-instance judgment;

- A minutes of postponement of execution of the death sentence (in case of postponement);

- A notice by the chief justice of the court that has issued the decision on execution of the death sentence to a relative or lawful representative of the person sentenced to death for him/her to make a written request for receipt of the corpse or bone ash of the executed person;

- For a person sentenced to death who is a foreigner, a notice by the chief justice of the court that has issued the decision on execution of the death sentence to the Consular Department of the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs for the latter to request the representative mission of the country of which such person is a national to notify the execution of the death sentence to his/her relative or lawful representative for making a written request for receipt of the corpse or bone ash of the executed person;

- A notice by the chief justice of the court that has issued the decision on execution of the death sentence to the person that has made a written request for receipt of the corpse or bone ash of the executed person of the permission for or refusal to permit receipt of the corpse or bone ash of the executed person;

- A notice by the chief justice of the court that has issued the decision on execution of the death sentence to the criminal judgment execution agency of the provincial-level Department of Public Security or military zone-level criminal judgment execution agency of the permission for or refusal to permit receipt of the corpse or bone ash of the executed person;

- A notice by the council for execution of the death sentence of refusal to permit receipt of the corpse;

- A notice by the criminal judgment execution agency of the provincial-level Department of Public Security or military zone-level criminal judgment execution agency to the person who has made a written request for receipt of the corpse of the executed person for him/her to receive the corpse for burial;

- A minutes of handover and receipt of the corpse of the executed person.

b/ In case the first-instance judgment is appealed or protested against according to appellate procedures (including the case of an appeal or a protest about the death penalty and the case of appeals or protests about other rulings of under the first-instance judgment), the file must comprise the documents specified at Point a, Clause 1 of this Article and the appellate judgment;

c/ In case the first-instance judgment is neither appealed nor protested against according to appellate procedures but there is a protest decision of the Chief Justice of the Supreme People’s Court or Procurator General of the Supreme People’s Procuracy, the file must comprise the documents specified at Point a, Clause 1 of this Article and a ruling of the cassation or reopening trial panel of the Supreme People’s Court stating that it refuses to accept the protest and holds up the death sentence, except the document specified at Point c, Clause 1, Article 80 of the Law on Execution of Criminal Judgments;

d/ In case the first-instance judgment is appealed or protested against according to appellate procedures but the appellate judgment holds up the ruling of the first-instance judgment and there is a protest decision of the Chief Justice of the Supreme People’s Court or Procurator General of the Supreme People’s Procuracy, the file must comprise the documents specified at Point a, Clause 1 of this Article, the first-instance and appellate judgments, and a ruling of the cassation or reopening trial panel of the Supreme People’s Court stating that it refuses to accept the protest and holds up the death sentence, except the document specified at Point c, Clause 1, Article 80 of the Law on Execution of Criminal Judgments;

dd/ In case the National Assembly Standing Committee requests, the National Assembly’s Committee on Judicial Affairs and Procurator General of the Supreme People’s Procuracy recommend, or the Chief Justice of the Supreme People’s Court proposes review of a ruling of the Judicial Council of the Supreme People’s Court, the file must comprise the documents specified at Point d, Clause 1 of this Article and:

- The written request of the National Assembly Standing Committee, written recommendation of the National Assembly’s Committee on Judicial Affairs and Procurator General of the Supreme People’s Procuracy, or written proposal of the Chief Justice of the Supreme People’s Court;

- A notice by the Judicial Council of the Supreme People’s Court of its disagreement with the recommendation of the National Assembly’s Committee on Judicial Affairs and Procurator General of the Supreme People’s Procuracy or proposal of the Chief Justice of the Supreme People’s Court, and a notice by the National Assembly Standing Committee of its agreement with results of consideration of the recommendation or proposal of the Judicial Council of the Supreme People’s Court (in case the National Assembly’s Committee on Judicial Affairs, Procurator General of the Supreme People’s Procuracy or Chief Justice of the Supreme People’s Court reports to the National Assembly Standing Committee for consideration and decision the disagreement with results of consideration of the recommendation or proposal of the Judicial Council of the Supreme People’s Court);

- A notice by the Judicial Council of the Supreme People’s Court that it agrees with the recommendation of the National Assembly’s Committee on Judicial Affairs and Procurator General of the Supreme People’s Procuracy or proposal of the Chief Justice of the Supreme People’s Court, and a ruling of the Judicial Council of the Supreme People’s Court on its refusal to accept a request of the National Assembly Standing Committee, recommendation of the National Assembly’s Committee on Judicial Affairs and Procurator General of the Supreme People’s Procuracy or proposal of the Chief Justice of the Supreme People’s Court, and that it holds up its ruling (in case it holds a session to review its ruling).

2. The making, management, retention and preservation of files for execution of death sentences must comply with Clause 2, Article 80 of the Law on Execution of Criminal Judgments.

Article 11.Minutes of execution of death sentences

1. Secretaries of councils for execution of death sentences shall make minutes recording all proceedings of the execution of death sentences.

2. A minutes of execution of a death sentence:

Must clearly record the time, date and location of execution of the death sentence and place of making the minutes; jobs performed according to law-prescribed order and procedures and developments taking place during the execution of the death sentence.

Shall be read out to the council for execution of the death sentence and witnesses. Members of the council for execution of the death sentence and witnesses shall jointly sign the minutes, or write their opinions in the minutes if their opinions are different from or if they disagree with contents of the minutes and give their signatures.

Article 12.Handling of cases where persons sentenced to death die before being executed

1. If a person sentenced to death dies while being held in detention before his/her death sentence is executed, and a decision on execution of his/her death sentence and a decision on establishment of a council for execution of his/her death sentence have been issued, the chief justice of the court that has issued the decision on execution of his/her death sentence or chairperson of the council for execution of his/her death sentence shall promptly notify the death to the competent investigative body and procuracy for identifying the cause of the death. After completing procedures for identifying the cause of the death and obtaining permission of a competent agency, the chief justice of the court that has issued the decision on execution of the death sentence or chairperson of the council for execution of the death sentence shall assign a criminal judgment execution agency of the provincial-level Department of Public Security or military zone-level criminal judgment execution agency of the locality where the court that has issued the decision on execution of the death sentence is located to notify such to the person that has made a written request for receipt of the corpse of the executed person for the latter to receive the corpse for burial or organize burial of the corpse.

2. In case a person sentenced to death dies while being escorted to the location of execution of his/her death sentence, the chairperson of the council for execution of his/her death sentence shall notify his/her death to the criminal judgment execution agency of the provincial-level Department of Public Security or military zone-level criminal judgment execution agency of the locality where the location of execution of the death sentence is situated, and concurrently to the competent investigative body and procuracy of the locality where such person dies for carrying out law-prescribed procedures. After completing procedures for identifying the cause of the death and obtaining permission of a competent agency, the chairperson of the council for execution of the death sentence shall assign the criminal judgment execution agency of the provincial-level Department of Public Security or military zone-level criminal judgment execution agency of the locality where the court that has issued the decision on execution of the death sentence is located to notify such to the person that has made a written request for receipt of the corpse of the executed person for the latter to receive the corpse for burial or organize burial of the corpse.

3. Expenses for burial of corpses of persons sentenced to death who die before their death sentences are executed must comply with Article 7 of Decree No. 43/2020/ND-CP.

Chapter III

PROCEDURES FOR PERMITTING RECEIPT OF CORPSES, BONE ASH OR REMAINS AND BURIAL OF EXECUTED PERSONS

Article 13.Making of written requests for receipt of corpses, bone ash or remains

1. A written request for receipt of corpses, bone ash or remains shall be made according to Form No. 01, No. 02 or No. 03 issued together with this Joint Circular.

2. For persons sentenced to death who are Vietnamese, the notification for making of written requests for receipt of corpses or bone ash must comply with Clause 1, Article 83 of the Law on Execution of Criminal Judgments.

3. For persons sentenced to death who are foreigners, chief justices of courts that have issued decisions on execution of death sentences shall send notices to the Consular Department of the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs for requesting representative missions of the countries of which such persons are nationals to contact their relatives or lawful representatives for making written requests for receipt of corpses or bone ash. Such a notice must clearly state personal details and place of detention of the person sentenced to death, contact address and related documents, and fix a deadline for reply. After sending the notice, if the chief justice of the court receives no written request for receipt of the corpse or bone ash of the executed person from his/her relative or lawful representative or no written reply from the representative mission of the country of which the executed person is a national, such relative or lawful representative is regarded as having refused to receive the executed person’s corpse or bone ash.

Article 14.Permission for receipt of corpses, bone ash or remains and burial of executed persons

1. Permission for receipt of corpses, bone ash or remains and burial of executed persons must comply with Clauses 2 thru 7, Article 83 of the Law on Execution of Criminal Judgments. Delivery and receipt of corpses, bone ash or remains of executed persons may not be carried out at nighttime (from 22:00 hours to 6:00 hours).

2. Burial of executed persons must satisfy local requirements on environmental sanitation and security and order, and comply with other relevant regulations.

3. Criminal judgment execution agencies of provincial-level Departments of Public Security or military zone-level criminal judgment execution agencies responsible for organizing burial of executed persons shall notify the burial to commune-level People’s Committees of localities where the burial is to be carried out for designating cemeteries or locations for burial of executed persons. Within 1 working day after receiving a notice of the criminal judgment execution agency of the provincial-level Department of Public Security or military zone-level criminal judgment execution agency, the commune-level People’s Committee of the designated burial location shall send a notice of the location of burial of the executed person to the criminal judgment execution agency.

4. Within 3 working days from the date of judgment execution, the criminal judgment execution agency of the provincial-level Department of Public Security or military zone-level criminal judgment execution agency shall notify the burial location to a relative or lawful representative of the executed person. In case the executed person is a foreigner, such agency shall notify the burial location to the Consular Department of the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs and, at the same time, hand over papers, objects, assets and money (if any) of the executed person; the handover shall be stated in a minutes made under regulations.

Chapter IV

RESPONSIBILITIES OF AGENCIES IN THE EXECUTION OF DEATH SENTENCES

Article 15.Responsibilities of criminal judgment execution agencies of provincial-level Departments of Public Security

1. To comply with Article 9 of Decree No. 43/2020/ND-CP

2. To coordinate with detention camps where persons sentenced to death are detained in complying with Article 11 of Decree No. 43/2020/ND-CP.

3. To request records divisions to designate officers to take fingerprints of detained persons sentenced to death for comparison with personal identification records and fingerprint record sheets in order to correctly identify persons sentenced to death before they are executed.

4. To request criminal technique divisions to take photos and record voices of persons sentenced to death for sending to relatives of executed persons and designate medical examiners to perform the tasks as requested by chairpersons of councils for execution of death sentences.

5. To request logistics divisions to prepare means, funding and physical foundations for the execution of death sentences and pay remuneration to death sentence execution teams and persons participating in the execution of death sentences under regulations.

6. To direct district-level Divisions of Public Security of localities where the execution of death sentences is organized to arrange forces and means to coordinate in the execution of death sentences.

7. To work out plans on, and assign tasks to forces participating in, and organize, the execution of death sentences; to carry out procedures for death declaration at district-level or commune-level People’s Committees of localities where the judgment execution is carried out.

8. To report to directors of provincial-level Departments of Public Security for sending more functional forces to support the execution of death sentences in case of necessity.

Article 16.Responsibilities of provincial-level people’s courts and military zone-level military courts

1. To comply with Articles 21, 77, 78 and 83 of the Law on Execution of Criminal Judgments.

2. To implement the issued plans on execution of death sentences.

3. To designate their cadres or civil servants to act as secretaries to assist councils for execution of death sentences.

4. To coordinate with criminal judgment execution agencies of provincial-level Departments of Public Security, military zone-level criminal judgment execution agencies and the Consular Department of the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs in organizing the execution of death sentences.

Article 17.Responsibilities of provincial-level people’s procuracies and military zone-level military procuracies

1. To supervise the law observance by provincial-level people’s courts and military zone-level military courts in issuing decisions on execution of death sentences and complying with Article 78 of the Law on Execution of Criminal Judgments.

2. To supervise the law observance by provincial-level people’s courts, military zone-level military courts, criminal judgment execution agencies of provincial-level Departments of Public Security, and military zone-level criminal judgment execution agencies in carrying out procedures for permitting or refusing to permit the receipt of corpses, bone ash or remains of executed persons.

3. To supervise the law observance by councils for execution of death sentences in carrying out procedures for execution of death sentences or postponement of execution of death sentences; to supervise the execution of death sentences by criminal judgment execution agencies of provincial-level Departments of Public Security, military zone-level criminal judgment execution agencies, officers and soldiers that directly or personally execute death sentences in accordance with law.

Article 18.Responsibilities of military zone-level criminal judgment execution agencies

1. To comply with Article 13 of Decree No. 43/2020/ND-CP.

2. To coordinate with detention camps where persons sentenced to death are detained in complying with Article 14 of Decree No. 43/2020/ND-CP.

3. To request competent agencies to designate their professional officers to take fingerprints of persons sentenced to death for comparison with personal identification records and fingerprint record sheets of such persons in order to correctly identify persons sentenced to death before they are executed; to take photos and record voices of executed persons for sending to their relatives.

4. To carry out procedures for requesting the Military Institute of Forensic Medicine to designate its medical examiners to perform the tasks as requested by chairpersons of councils for execution of death sentences.

5. To work out specific plans on mobilization and assignment of tasks to forces participating in, and ensure means, funding, physical foundations, weapons, information and communications means and other necessary conditions for, the execution of death sentences, then submit them to competent authorities for approval, and organize the implementation of these plans; to pay remuneration to officers and soldiers participating in execution of death sentences; to carry out procedures for death declaration at district-level or commune-level People’s Committees of localities where death sentences are executed.

6. To report to military zone commanders and the Criminal Judgment Execution Agency of the Ministry of National Defense for sending more forces to support the execution of death sentences in case of necessity and report on results of the execution of death sentences.

Article 19.Responsibilities of health agencies

1. The Health Department of the Ministry of Public Security and the Military Medical Department of the Ministry of National Defense shall make annual plans on projected volumes of lethal injection drugs for execution of death sentences.

2. The Ministry of Health shall comply with Clauses 1 and 2, Article 17 of Decree No. 43/2020/ND-CP.

3. Provincial-level Departments of Health shall direct their attached hospitals in complying with Clause 4, Article 17 of Decree No. 43/2020/ND-CP and specialized agencies in granting certificates of medical quarantine for corpses, bone ash and remains of executed persons.

Article 20.Responsibilities of foreign affairs agencies

1. Functional units of the Ministry of Foreign Affairs shall receive and respond to requests of provincial-level courts for notification to relatives or lawful representatives of executed foreigners of their right to ask for permission for receipt of corpses or bone ash of executed persons.

2. To notify representative missions of countries of which foreigners sentenced to death are nationals of the execution of death sentences so that they can contact relatives or lawful representatives of executed foreigners for notifying the latter of their right to ask for permission for receipt of corpses or bone ash of executed persons.

3. To coordinate with courts, criminal judgment execution agencies of provincial-level Departments of Public Security, military zone-level criminal judgment execution agencies and representative missions of countries of which foreigners sentenced to death are nationals in guiding, receiving and completing procedures for the execution of death sentences and permission for receipt of corpses, bone ash or remains of executed foreigners.

Chapter V

IMPLEMENTATION PROVISIONS

Article 21.Effect

1. This Joint Circular takes effect on December 1, 2020.

2. Joint Circular No. 05/2013/TTLT-BCA-BQP-BYT-TANDTC-VKSNDTC of June 6, 2013, of the Ministry of Public Security, Ministry of National Defense, Ministry of Health, Supreme People’s Court, and Supreme People’s Procuracy, guiding the organization of execution of death sentences by lethal injection, ceases to be effective as of the effective date of this Joint Circular.

Article 22.Implementation responsibility

1. Agencies and units 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 shall, within the ambit of their respective functions, tasks and powers, organize, guide and inspect the implementation of this Joint Circular.

2. Any problems arising in the course of implementation of this Joint Circular should be reported to 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 for prompt guidance.-

* The forms issued together with this Joint Circular are not translated.