Joint Circular No. 03/2018/TTLT-BCA-VKSNDTC-BQP of the Ministry of Public Security, the Supereme People's Procuracy, the Supereme People's Court and the Ministry of National Defense on guiding the order and procedures for making audio recordings or audio-visual recordings during investigation, prosecution or trial; and the use, preservation and archive of these audio recordings and audio-visual recordings

JOINT CIRCULAR

Guiding the order and procedures for making audio recordings or audio-visual recordings during investigation, prosecution or trial; and the use, preservation and archive of these audio recordings and audio-visual recordings^[1]

Pursuant to the November 27, 2015 Criminal Procedure Code;

Pursuant to the National Assembly’s Resolution No. 110/2015/QH13 of November 27, 2015, on implementation of the Criminal Procedure Code;

Pursuant to the National Assembly’s Resolution No. 41/2017/QH14 of June 20, 2017, on implementation of Penal Code No. 100/2015/QH13, which has been amended and supplemented under Law No. 12/2017/QH14, and on the effect of Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, and Law No. 94/2015/QH13 on Temporary Detention and Custody;

The Minister of Public Security, Procurator General of the Supreme People’s Procuracy, Chief Justice of the Supreme People’s Court, and Minister of National Defense promulgate the Joint Circular guiding the order and procedures for making audio recordings or audio-visual recordings during investigation, prosecution or trial; and the use, preservation and archive of these audio recordings and audio-visual recordings.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Joint Circular guides the order and procedures for making audio recordings or audio-visual recordings; and the use, preservation and archive of audio recordings and audio-visual recordings of the interrogation of the accused or taking of statements of at-law representatives of crime-committing commercial legal entities during the investigation, prosecution or trial.

2. This Joint Circular applies to competent proceeding-conducting bodies and persons during the investigation, prosecution or trial; proceeding participants and other agencies, organizations and individuals involved in the making of audio recordings or audio-visual recordings of the interrogation of the accused or taking of statements of at-law representatives of crime-committing commercial legal entities, and the use, preservation and archive of these audio recordings and audio-visual recordings.

3. The provisions of this Joint Circular apply to the taking of statements of witnesses, victims and involved parties; confrontation; receipt of crime denunciations and reports and proposals on initiation of criminal cases.

Article 2. Interpretation of terms

1. Audio recording or audio-visual recording means the use of technical devices and equipment to record sounds or images with sounds during the interrogation of the accused, taking of statements of at-law representatives of crime-committing commercial legal entities; taking of statements of witnesses, victims and involved parties; confrontation; receipt of crime denunciations and reports and proposals on initiation of criminal cases.

2. Technical devices and equipment used to make audio recordings or audio-visual recordings means those for recording sounds or images with sounds, including: equipment for recording images and sounds, video recorders, servers, and other technical devices and equipment used for recording sounds or images with sounds in accordance with this Joint Circular.

3. Technical failure means a malfunction or breakdown of a technical device or equipment which makes the audio recording or audio-visual recording impossible or interrupts or affects the quality of the audio recording or audio-visual recording; or such objective incident as blackout, fire or explosion which makes the audio recording or audio-visual recording impossible.

4. Audio recording or audio-visual recording room at a detention or custody facility, an office of an investigation body, a procuracy or a body assigned to carry out a number of investigating activities means a special-use room that satisfies all the conditions on space, lighting and safety and is equipped with technical devices and equipment for audio recording or audio-visual recording with quality sounds and images.

5. Professional officer means an officer on the state payroll of an investigation body, a procuracy or a body assigned to carry out a number of investigating activities, possessing professional and technical expertise and skills to use technical devices and equipment for audio recording or audio-visual recording, and responsible for managing these technical devices and equipment and preserving and archiving audio recordings or audio-visual recordings.

Article 3. Principles of application

1. Audio recording or audio-visual recording must ensure the objectiveness, transparency and integrity of recorded data. Audio-recorded or audio-visually recorded data constitute part of criminal case files which shall be used, preserved and archived in accordance with the regulations on use, preservation and archive of criminal case files.

2. The audio recording or audio-visual recording of, and the use, preservation and archive of audio recordings and audio-visual recordings made during, the investigation, prosecution or trial must comply with the Criminal Procedure Code and the order and procedures guided in this Joint Circular.

3. Lawful rights and interests of proceeding participants provided in the Criminal Procedure Code shall be respected.

Article 4. Prohibited acts 

1. Editing, modifying, cutting off, putting together, forging, destroying or falsifying without permission, damaging or causing loss of audio-recorded or audio-visually recorded data; reproducing, distributing, exploiting or using audio recordings or audio-visual recordings for purposes other than those prescribed in Articles 7 and 8 of this Joint Circular; disclosing or leaking information about criminal cases or infringing upon lawful rights and interests, reputation and honor of agencies, organizations and individuals.

2. Destroying physical foundations, intentionally damaging or using for improper purposes technical devices and equipment used for audio recording or audio-visual recording.

3. Persons committing acts specified in Clauses 1 and 2 of this Article shall, depending on the nature and seriousness of their violations, be handled in accordance with law.

Chapter II

SPECIFIC PROVISIONS

Article 5. Order and procedures for making audio recordings or audio-visual recordings of the interrogation of the accused or the taking of statements of at-law representatives of crime-committing commercial legal entities

1. Officers interrogating the accused or taking statements of at-law representatives of crime-committing commercial legal entities shall decide to choose the form of audio recording or audio-visual recording.

2. Order and procedures for making audio recordings or audio-visual recordings of the interrogation of the accused or taking of statements of at-law representatives of crime-committing commercial legal entities at detention or custody facilities, offices of investigation bodies, procuracies and bodies assigned to carry out a number of investigating activities are prescribed as follows:

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