Joint Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP of the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense on prescribing coordination between investigation bodies and Procuracies in implementing a number of provisions of the Criminal Procedure Code

JOINT CIRCULAR

Prescribing coordination between investigation bodies and procuracies in implementing a number of provisions of the Criminal Procedure Code^[1]

Pursuant to the November 27, 2015 Criminal Procedure Code;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

The Procurator General of the Supreme People’s Procuracy, Minister of Public Security and Minister of National Defense issue the Joint Circular prescribing coordination between investigation bodies and procuracies in implementing a number of provisions of the Criminal Procedure Code as follows:

Article 1. Scope of regulation

This Joint Circular prescribes coordination between investigation bodies and procuracies in implementing a number of provisions of the Criminal Procedure Code regarding initiation of criminal cases, investigation and prosecution.

Article 2. Subjects of application

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

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

3. Proceeding-conducting persons of the bodies specified in Clauses 1 and 2 of this Article.

4. Other related bodies, organizations and persons.

Article 3. Coordination principles 

1. Compliance with the functions and tasks of the aforesaid bodies as prescribed by law.

2. Regular coordination, ensuring prompt, timely and lawful settlement of criminal cases.

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

Article 4. Replacement of persons competent to conduct the proceedings

1. If the head of a district-level investigation body, head of a regional military investigation body, head of a provincial-level investigation body or head of a military zone-level military investigation body conducting the proceedings for a criminal case falls into one of the cases where he/she shall refuse to conduct the proceedings or be replaced as specified in Article 49 or 51 of the Criminal Procedure Code, the investigation body shall request in writing the same-level procuracy to issue a decision to transfer the criminal case to the immediate higher-level investigation body for conducting the investigation.

In case the head of a central-level investigation body conducting the proceedings for a criminal case falls into one of the cases where he/she shall refuse to conduct the proceedings or be replaced, the Minister of Public Security (in case of the head of the investigation body of the Public Security Forces), the Minister of National Defense (in case of the head of the investigation body of the Ministry of National Defense) or the leader of the Supreme People’s Procuracy (in case of the head of the investigation body of the Supreme People’s Procuracy) shall decide to assign a deputy head of the investigation body to conduct the proceedings for the criminal case.