Joint Circular No. 03/2018/TTLT-VKSNDTC-BCA-BQP-TTCP of The Supreme People’s Procuracy - The Ministry Of Public Security - The Ministry Of National Defense - The Government Inspectorate on prescribing coordination between investigation bodies, Procuracies and inspectorates in exchanging information about offenses and processing criminal case initiation proposals acquired through inspection

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Joint Circular No. 03/2018/TTLT-VKSNDTC-BCA-BQP-TTCP of The Supreme People’s Procuracy - The Ministry Of Public Security - The Ministry Of National Defense - The Government Inspectorate on prescribing coordination between investigation bodies, Procuracies and inspectorates in exchanging information about offenses and processing criminal case initiation proposals acquired through inspection
Issuing body: Ministry of Public Security; Ministry of National Defence; People's Supereme ProcuracyEffective date:
Known

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Official number:03/2018/TTLT-VKSNDTC-BCA-BQP-TTCPSigner:Nguyen Van Thanh; Le Quy Vuong; Bui Manh Cuong; Le Chiem
Type:Joint CircularExpiry date:Updating
Issuing date:18/10/2018Effect status:
Known

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Fields:Criminal

SUMMARY

The procedure of coordination and exchange of information about criminal cases

The Supreme People’s Procuracy - The Ministry Of Public Security - The Ministry Of National Defense - The Government Inspectorate issue the Joint Circular No. 03/2018/TTLT-VKSNDTC-BCA-BQP-TTCP       on prescribing coordination between investigation bodies, Procuracies and inspectorates in exchanging information about offenses and processing criminal case initiation proposals acquired through inspection.

This Circular states that the investigation bodies, Procuracies and inspectorates are responsibility for coordination in exchanging information about offenses and processing criminal case initiation proposals acquired through inspection.

In the course of inspection, when detecting a matter showing criminal signs, an inspectorate shall make a written criminal case initiation proposal and immediately transfer it to a competent investigation body, enclosed with relevant files and documents for consideration and decision on the initiation of a criminal case.

After the completion of an inspection, if detecting a matter showing criminal signs, within 5 working days after signing an inspection conclusion, an inspectorate shall make a written criminal case initiation proposal and immediately transfer it to a competent investigation body, enclosed with relevant files and documents for consideration and decision on the initiation of a criminal case; at the same time, notify such in writing to the same-level Procuracy.

This Joint Circular is issued on October 18, 2018 and takes effect on December 10, 2018.

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Effect status: Known

THE SUPREME PEOPLE’S PROCURACY - THE MINISTRY OF PUBLIC SECURITY - THE MINISTRY OF NATIONAL DEFENSE -
THE GOVERNMENT INSPECTORATE

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 03/2018/TTLT-VKSNDTC-BCA-BQP-TTCP

Hanoi, October 18, 2018

JOINT CIRCULAR

Prescribing coordination between investigation bodies, procuracies and inspectorates in exchanging information about offenses and processing criminal case initiation proposals acquired through inspection[1]

Pursuant to the November 27, 2015 Criminal Procedure Code;

Pursuant to the November 24, 2014 Law on Organization of People’s Procuracies;

Pursuant to the November 26, 2015 Law on Organization of Criminal Investigation Bodies;

Pursuant to the November 15, 2010 Law on Inspection;

The Procurator General of the Supreme People’s Procuracy, Minister of Public Security, Minister of National Defense and Government Inspector General issue the Joint Circular prescribing coordination between investigation bodies, procuracies and inspectorates in exchanging information about offenses and processing criminal case initiation proposals acquired through inspection.

Article 1. Scope of regulation

This Joint Circular prescribes the order, procedures and responsibility for coordination between investigation bodies, procuracies and inspectorates in exchanging information about offenses and processing criminal case initiation proposals acquired through inspection.

 Article 2. Subjects of application

1. Investigation bodies at all levels of the People’s Public Security Forces and People’s Army (below collectively referred to as investigation bodies).

2. People’s procuracies and military procuracies at all levels (below collectively referred to as procuracies).

3. Agencies performing the inspection function (below referred to as inspectorates).

4. Competent persons of the bodies specified in Clauses 1, 2 and 3 of this Article.

5. Other related bodies, organizations and persons.

Article 3. Coordination principles 

1. Compliance with the functions, tasks, powers and principles of organization and operation of the aforesaid bodies as prescribed by law.

2. Regular and prompt coordination, ensuring its accuracy, objectiveness, adequacy, effectiveness and lawfulness.

3. Confidentiality of state secrets and work secrets in accordance with law and regulations of relevant sectors.

Article 4. Responsibility for exchange of information about law violations and offenses

Inspectorates, investigation bodies and procuracies shall, within the ambit of their functions, tasks and powers as prescribed by law, coordinate with one another in exchanging and providing information about law violations and offenses detected through inspection; promptly exchange information about, and results of, the processing of criminal case initiation proposals transferred to investigation bodies or procuracies by inspectorates.

Article 5. Responsibility to transfer matter files and criminal case initiation proposals

1. In the course of inspection, when detecting a matter showing criminal signs, an inspectorate shall make a written criminal case initiation proposal and immediately transfer it to a competent investigation body, enclosed with relevant files and documents for consideration and decision on the initiation of a criminal case.


[1] Công Báo Nos 1161-1162 (29/12/2018)

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