Joint Circular No. 04/2013/TTLT- BCA-BQP-TANDTC-VKSNDTC of May 30, 2013, guiding the transfer of inmates for assistance in investigation, prosecution or trial activities

 THE MINISTRY OF PUBLIC SECURITY - THE MINISTRY OF NATIONAL DEFENSE - THE SUPREME PEOPLE’S COURT AND THE SUPREME PEOPLE’S PROCURACY

Joint Circular No. 04/2013/TTLT- BCA-BQP-TANDTC-VKSNDTC of May 30, 2013, guiding the transfer of inmates for assistance in investigation, prosecution or trial activities

In order to ensure proper implementation of the provisions of the Law on Execution of Criminal Judgments on the transfer of inmates from prisons, detention camps or custody houses for assistance in investigation, prosecution or trial activities; the Ministry of Public Security, the Ministry of National Defense, the Supreme People s Court and the Supreme People s Procuracy promulgate the Joint Circular guiding the transfer of inmates for assistance in investigation, prosecution or trial activities, as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular guides the implementation of provisions on the transfer of inmates from prisons, detention camps or custody houses for assistance in investigation, prosecution or trial activities and the regime of incarceration and management during the time of transfer.

Article 2. Subjects of application

1. Procedure-conducting agencies or persons, criminal judgment execution management agencies and criminal judgment execution agencies at all levels, prisons, detention camps, custody houses and organizations and individuals involved in the transfer of inmates.

2. Inmates currently serving prison sentences in prisons, detention camps or custody houses; and sentenced persons with legally effective judgments and the courts’ judgment execution decisions that are being held in detention camps or custody houses (below referred to as inmates).

Article 3. Principles of transfer of inmates

1. An inmate is only transferred under a written transfer order of a competent person. The transfer must be implemented for right persons and time written in transfer orders in accordance with the Law on Execution of Criminal Judgments and guidance of this Joint Circular.

2. The escort, management and incarceration and mechanisms and policies for inmates during the time of transfer must be implemented in accordance with the Law on Execution of Criminal Judgments, the guidance of this Joint Circular and other relevant laws.

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