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

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 onOrganization of People’s Procuracies;

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

Pursuant to the November 15, 2010 Law onInspection;

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.

For a law violation involving many complicated circumstances and different levels and sectors, if deeming it necessary, before making an inspection conclusion and a criminal case initiation proposal, the inspectorate shall hold an interdisciplinary meeting among leaders of the inspectorate, investigation body and procuracy at the same level to analyze and evaluate collected documents. In case these bodies uniformly determine that such violation shows criminal signs, the 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.

2. 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.

Article 6.Responsibility to receive matter files and criminal case initiation proposals

1. Investigation bodies shall receive matter files and criminal case initiation proposals transferred by inspectorates.

For a matter showing criminal signs, an inspectorate shall immediately transfer the matter file and criminal case initiation proposal to a competent investigation body, if the competence to investigate such matter has been clearly determined; or to the same-level investigation body, and at the same time, notify such in writing to the same-level procuracy, if the competence to investigate such matter has not yet been clearly determined.

2. After receiving and checking a matter file and a criminal case initiation proposal, if the matter does not fall within its settling competence, an investigation body shall consult the same-level inspectorate and procuracy to reach agreement on the transfer of the matter file and criminal case initiation proposal to a competent investigation body.

Article 7.Responsibility to process criminal case initiation proposals

1. Investigation bodies shall process criminal case initiation proposals transferred by inspectorates. The processing of a criminal case initiation proposal is provided as follows:

a/ In case there are grounds for refusing to initiate a criminal case, an investigation body shall issue a decision not to initiate a criminal case and notify such in writing to the inspectorate that has proposed the criminal case initiation, clearly stating the reason;

b/ In case there are grounds for initiating a criminal case, an investigation body shall issue a decision to initiate a criminal case and notify such in writing to the inspectorate that has proposed the criminal case initiation;

c/ In case grounds for initiating a criminal case are insufficient or there are grounds for refusing to inititate a criminal case, an investigation body shall verify to collect and add evidences and request the inspectorate that has proposed the criminal case initiation to coordinate with it, if necessary;

d/ In case of refusal to initiate a criminal case, if deeming it necessary to settle such matter by another measure, an investigation body shall issue a decision not to initiate a criminal case, transfer the matter file to a competent agency for settlement and notify such in writing to the inspectorate and procuracy;

d/ In case there are grounds to suspend or resume the processing of a criminal case initiation proposal, an investigation body shall issue a decision to suspend or resume the processing and send it to the inspectorate that has proposed the initiation and the procuracy in accordance with the Criminal Procedure Code.

2. Same-level procuracies shall exercise the right to prosecution and supervise the processing of criminal case initiation proposals in accordance with the Criminal Procedure Code. When issuing decisions and procedural documents in the cases specifed in Clause 1 of this Article, the procuracy shall send them to the inspectorate that has proposed the initiation.

3. When the time limit for processing of a criminal case initiation proposal expires under the Criminal Procedure Code, if the inspectorate that has proposed the initiation has not received an investigation body’s written notice of results of processing of the initiation proposal, it shall consult with the same-level investigation body and procuracy to clarify the reasons; and may file a petition with the higher-level investigation body and procuracy for consideration and settlement, if necessary.

Article 8.Processing of criminal case initiation proposals in case of decisions not to initiate criminal cases or decisions to initiate criminal cases

In case the inspectorate that has proposed the criminal case initiation disagrees with an investigation body’s decision not to initiate a criminal case or a procuracy’s decision to cancel a decision to initiate a criminal case, it shall consult the competent investigation body and procuracy to clarify the reason; and may file a petition with the immediate higher-level procuracy, if necessary. The Procurator General of the Supreme People’s Procuracy shall consider and settle petitions of the Government Inspectorate. The Chief Procurator of the Central Military Procuracy shall consider and settle petitions of the Inspectorate of the Ministry of National Defense.

Within 20 days after receiving a petition, if the immediate higher-level procuracy agrees with the inspectorate’s petition, it shall issue a decision to cancel the decision of the lower-level procuracy or request the latter to issue a decision to cancel the lower-level investigation body’s decision not to initiate a criminal case. If the immediate higher-level procuracy disagrees with the inspectorate’s petition, it shall notify such in writing, clearly stating the reason. Results of the settlement by the immediate higher-level procuracy, Procurator General of the Supreme People’s Procuracy or Chief Procurator of the Central Military Procuracy constitute the final decision.

Article 9.Files of criminal case initiation proposals and delivery and receipt of files

1. Inspection decision issuers have the competence to decide on the transfer of files and criminal case initiation proposals to investigation bodies to consider the initiation of criminal cases. Documents included in files must be the original, notarized or certified copies, or copies bearing the true-copy stamp of the inspectorate. A file of criminal case initiation proposal must comprise:

a/ The inspectorate’s written criminal case initiation proposal;

b/ Inspection decision; minutes and documents verifying the matter; explanatory statement of the inspected subject;

c/ A report of the head of inspection team on law violation showing criminal signs of the inspected subject;

d/ An inspection conclusion in case the inspection has completed;

dd/ Other relevant documents;

e/ List of documents included in the file.

2. The delivery and receipt of the file of a criminal case initiation proposal shall be recorded in writing and conducted at the office of an inspectorate or investigation body. The inspectorate shall send the criminal case initiation proposal together with the copy of the file to a competent procuracy.

Article 10.Effect

This Joint Circular takes effect on December 10, 2018, and replaces Joint Circular No. 02/2012/TTLT-VKSNDTC-TTCP-BCA-BQP of March 22, 2012, of the Supreme People’s Procuracy, Government Inspectorate, Ministry of Public Security and Ministry of National Defense, on coordination in detecting, investigating and settling matters that show signs of crime and are subject to criminal case initiation proposals of inspectorates.

Article 11.Organization of implementation

1. The Supreme People’s Procuracy, Ministry of Public Security, Ministry of National Defense, Government Inspectorate and related agencies shall organize the implementation of this Joint Circular.

On a biannual and annual basis, procuracies at all levels shall assume the prime responsibility for holding interdisciplinary leadership meetings to evaluate results of the implementation of the Joint Circular and developing subsequent coordination programs.

2. Any problems arising in the course of implementation of this Joint Circular should be promptly reported to the Supreme People’s Procuracy to summarize and coordinate with the Ministry of Public Security, Ministry of National Defense and Government Inspectorate in explanation, guidance or revision.-