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.

2. In case a deputy head of an investigation body falls into one of the cases where he/she shall refuse to conduct the proceedings or be replaced, the head of the investigation body shall decide to assign another deputy head to do so or decide to personally conduct the proceedings for the criminal case.

3. When an investigator or investigation officer falls into one of the cases where he/she shall refuse to conduct the proceedings or be replaced, the procurator shall promptly notify such to the investigator or investigation officer so that the latter can refuse to conduct the proceedings. In case the investigator or investigation officer disagrees with the expected refusal or replacement, the procurator shall request in writing the head or a deputy head of the investigation body to consider replacing such investigator or investigation officer or report to the chief procurator or deputy chief procurator for requesting in writing the head or a deputy head of the investigation body to consider replacing the investigator or investigation officer.

Within 3 days after receiving a written request from the chief procurator or deputy chief procurator of the same-level procuracy or from the procurator, the head or deputy head of the investigation body shall issue a decision to replace the investigator or investigation officer. If refusing to issue such decision, the head or deputy head of the investigation body shall reply in writing the procuracy, clearly stating the reason.

4. In case the chief procurator of a district-level people’s procuracy, chief procurator of a regional military procuracy, chief procurator of a provincial-level people’s procuracy or chief procurator of a military zone-level military procuracy falls into one of the cases where he/she shall refuse to conduct the proceedings or be replaced as specified in Article 49 or 52 of the Criminal Procedure Code, the procuracy shall promptly report such to the chief procurator of the immediate higher-level procuracy for issuing a decision to assign a deputy chief procurator of such procuracy to replace him/her before sending such assignment decision to the investigation body currently accepting the criminal case. In case such procuracy has no deputy chief procurator or its deputy chief procurator falls into one of the cases where he/she shall refuse to conduct the proceedings or be replaced, the investigation body and procuracy shall report such to the immediate higher-level investigation body and procuracy for the immediate higher-level investigation body to take up the criminal case for conducting the investigation.

5. In case a deputy chief procurator of a procuracy falls into one of the cases where he/she shall refuse to conduct the proceedings or be replaced, the chief procurator of the procuracy shall decide to assign another deputy chief procurator or decide to personally conduct the proceedings for the criminal case.

6. In case an investigation body finds that a deputy chief procurator, procurator or examiner falls into one of the cases where he/she shall refuse to conduct the proceedings or be replaced, it shall request in writing the chief procurator or deputy chief procurator of the same-level procuracy to consider and decide on replacement, clearly stating the reason.

Within 3 days after receiving a written request from the investigation body, if finding clear grounds for replacement, the chief procurator or deputy chief procurator of the procuracy shall issue a decision to replace the deputy chief procurator, procurator or examiner. If finding no clear grounds for replacement, he/she shall reply in writing the investigation body, clearly stating the reason.

7. In case the head of an investigation body and chief procurator of a procuracy directly conduct the proceedings for a criminal case, the head of the investigation body shall send a notice to the procuracy and the chief procurator shall send a notice to the investigation body.

8. Documents on assignment or replacement of heads, deputy heads, investigators or investigation officers of investigation bodies prescribed in Clauses 1, 2, 3 and 7 of this Article shall be sent to same-level procuracies and included in case files.

Documents on assignment or replacement of chief procurators, deputy chief procurators, procurators or examiners prescribed in Clauses 4, 5, 6 and 7 of this Article shall be sent to investigation bodies and included in case files.

Article 5.Change or cancellation of warrants or decisions of heads or deputy heads of investigation bodies

1. If finding that a ground for his/her warrant or decision sent to a procuracy needs to be changed or cancelled, the head of an investigation body shall make a written request for cancellation of such warrant or decision in order to issue a decision on change or request the procuracy to cancel it. In case the procuracy finds such ground, it shall request the head of the investigation body to issue a decision on change or to send a written request for cancellation to the procuracy. In case the investigation body disagrees with the request, the procuracy shall consider and decide on the change or cancellation in accordance with the Criminal Procedure Code.

2. If finding that a ground for his/her deputy’s warrant or decision sent to a procuracy needs to be changed or cancelled, the head of an investigation body shall make a written request for cancellation of such warrant or decision and issue a decision on change or cancellation. In case the procuracy finds such ground, it shall request the head of the investigation body to issue a decision on change or cancellation. In case the investigation body disagrees with the request, the procuracy shall consider and decide on the change or cancellation in accordance with the Criminal Procedure Code.

3. If finding that a ground for the procuracy-approved warrant or decision of the head or a deputy head of an investigation body needs to be changed or cancelled, the head of the investigation body shall coordinate with the chief procurator of the procuracy as follows:

a/ In case the investigation body finds such ground, its head shall request in writing the same-level procuracy or propose the immediate higher-level procuracy to consider and decide on the change or cancellation. If the procuracy disagrees with the request or proposal, it shall reply in writing, clearly stating the reason;

b/ In case the procuracy finds such ground, its chief procurator shall consult the head of the investigation body before considering and deciding on the change or cancellation;

c/ After cancelling the warrant or decision, if deeming it necessary to get another warrant or decision, the procuracy shall request in writing the investigation body to make a new warrant or issue a new decision for the former to approve. In case the investigation body fails to do so, the procuracy shall make consideration and decision according to its competence.

Article 6.Responsibility of investigation bodies to execute requests and decisions of procuracies

1. At the stage of initiation of criminal cases, investigation or prosecution, investigation bodies shall execute requests and decisions of procuracies under Articles 162, 167, 236 and 238 of the Criminal Procedure Code.

2. If disagreeing with a decision specified in Clause 1 or 6, Article 159; at Point b, Clause 1, Article 161; or in Clause 4 or 5, Article 165, of the Criminal Procedure Code, an investigation body shall still execute it but may request the immediate higher-level procuracy to consider and settle the matter. In case of a central-level investigation body, it may request the Procurator General of the Supreme People’s Procuracy or Chief Procurator of the Central Military Procuracy to consider and settle the matter. If agreeing with the request of the investigation body, the higher-level procuracy shall cancel the decision of the procuracy. If disagreeing with the request of the investigation body, the higher-level procuracy shall reply in writing to the investigation body and procuracy, clearly stating the reason.

Article 7.Initiation of criminal cases, exercise of the right to prosecution and supervision of initiation of criminal cases

1. Within 3 days after receiving a decision to initiate a criminal case and relevant documents from an investigation body, a procuracy shall consider and carry out the following activities:

a/ If finding such decision grounded and lawful, the procuracy shall issue a decision to assign a procurator or examiner to exercise the right to prosecution and supervision of the initiation and investigation of the criminal case and send it to the investigation body;

b/ If finding the grounds for initiation of the criminal case unclear, the procuracy shall request in writing the investigation body to add evidences and documents for clarification;

c/ If finding such decision ungrounded, the procuracy shall request in writing the investigation body to issue a decision to cancel such decision. In case the investigation body disagrees with the request or in case such decision is issued by the head of the investigation body, the procuracy shall issue a decision to cancel such decision under Clause 6, Article 159 or Clause 1, Article 161 of the Criminal Procedure Code.

2. Within 2 days after receiving a decision not to initiate a criminal case and relevant documents from an investigation body, a procuracy shall consider and carry out the following activities:

a/ If finding such decision grounded, the procuracy shall notify such in writing to the investigation body;

b/ If finding grounds for issuing such decision insufficient, the procuracy shall request in writing the investigation body to add evidences and documents for clarification;

c/ If finding such decision ungrounded, the procuracy shall request in writing the investigation body to issue a decision to cancel such decision and issue another decision to initiate a criminal case. In case the investigation body fails to do so, the procuracy shall issue a decision to cancel the decision not to initiate a criminal case and issue a decision to initiate a criminal case under Point a, Clause 3, Article 153 or Clause 6, Article 159 of the Criminal Procedure Code, and send it to the investigation body for conducting the investigation.

3. In case a procuracy requests the initiation of a criminal case, within 3 days after receiving the request, an investigation body shall issue a decision to initiate a criminal case. If the investigation body fails to do so, the procuracy shall decide on the initiation of a criminal case under Clause 3, Article 153 or Point d, Clause 1, Article 161 of the Criminal Procedure Code, and send its decision to the investigation body for conducting the investigation.

4. After initiating a criminal case at the request of a trial panel or receiving a decision to initiate a criminal case from a trial panel and relevant documents, a procuracy shall promptly transfer such decision and relevant documents to a competent investigation body for conducting the investigation.

5. In case of initiation of a criminal case at the request of a victim, the request for initiation of the criminal case of such victim or his/her representative must be made in writing and bear his/her signature or fingerprint. In case the victim or his/her representative comes to directly present the request, an investigation body or a procuracy shall make a written record, clearly stating contents of the request for initiation of the criminal case, and get the signature or fingerprint of the victim or his/her representative on it. The written record made by the procuracy shall be promptly sent to the investigation body for consideration of the initiation of the criminal case and inclusion thereof in the case file.

If a victim or his/her representative withdraws the request for initiation of a criminal case after the initiation and the case file has not yet been transferred to the procuracy at the stage of investigation or after investigation conclusions are made, the investigation body shall consider and decide on the cessation of the investigation; if the case file has been transferred to the procuracy, the procuracy shall consider and decide on cessation of the criminal case.

Article 8.Change or supplementation of decisions to initiate criminal cases

1. Within 3 days after receiving a decision to change or supplement a decision to initiate a criminal case and relevant documents from an investigation body, a procuracy shall consider and carry out the following activities:

a/ If finding the grounds for issuing such decision unclear, the procuracy shall request in writing the investigation body to add evidences and documents for clarification;

b/ If finding such decision ungrounded, the procuracy shall request in writing the investigation body to issue a decision to cancel such decision. In case the investigation body disagrees with the request, the procuracy shall issue a decision to cancel the decision to change or supplement the decision to initiate a criminal case under Point b, Clause 1, Article 161 of the Criminal Procedure Code.

2. When having a ground for changing or supplementing a decision to initiate a criminal case, a procuracy shall make a written request. Within 3 days after receiving the request, an investigation body shall issue a decision to change or supplement the decision to initiate a criminal case. If the investigation body fails to do so, the procuracy shall issue a decision to change or supplement the decision to initiate a criminal case.

3. A decision to initiate a criminal case shall not be changed if the act of the accused is determined through investigation to be regulated by another clause of the article prescribing the offense for which the criminal case is initiated.

For example: A decision to initiate a criminal case and criminal proceedings against the accused Nguyen Van A for stealing property under Clause 2, Article 173 of the Penal Code is issued. Through the investigation, if the act of stealing of Nguyen Van A is determined to be regulated by Clause 1 or 3, Article 173 of the Penal Code, no decision to change the aforesaid decision to initiate the criminal case is required.

Article 9.Initiation of criminal proceedings against the accused, change or supplementation of decisions to initiate criminal proceedings against the accused

1. The initiation of criminal proceedings against the accused, or the change or supplementation of decisions to initiate criminal proceedings against the accused shall be carried out under Articles 179, 180 and 433 of the Criminal Procedure Code.

After the initiation of criminal proceedings against the accused, the interrogation of the accused or taking of statements of at-law representatives of commercial legal persons shall be carried out under Article 183 or Article 442 of the Criminal Procedure Code.

2. Within 24 hours after issuing a decision to initiate criminal proceedings against the accused or a decision to change or supplement a decision to initiate criminal proceedings against the accused, an investigation body shall request in writing a procuracy to approve such decision, clearly stating personal identification of the accused, grounds for the initiation of criminal proceedings, all documents related to the initiation of criminal proceedings against the accused, and the change or supplementation of the decision to initiate criminal proceedings against the accused, for consideration and approval by the procuracy.

3. In case an investigation body or a procuracy changes a decision to initiate criminal proceedings against the accused under Point a, Clause 1, Article 180 of the Criminal Procedure Code or supplements a decision to initiate criminal proceedings against the accused, if the decision to initiate a criminal case has not yet mentioned the offense for which criminal proceedings are initiated against the accused, the investigation body or procuracy shall issue a decision to change or supplement the decision to initiate the criminal case before issuing a decision to change or supplement the decision to initiate criminal proceedings against the accused.

Example 1: An investigation body decides to initiate a criminal case and initiate criminal proceedings against the accused Nguyen Van A for abusing trust in order to appropriate property. If the act of Nguyen Van A is determined through investigation to constitute the offense of appropriating property through swindling, before issuing a decision to change the decision to initiate criminal proceedings against A for the offense of appropriating property through swindling instead of the offense of abusing trust in order to appropriate property, the investigation body shall issue a decision to change the decision to initiate the criminal case for the offense of appropriating property through swindling instead of the offense of abusing trust in order to appropriate property.

Example 2: An investigation body decides to initiate a criminal case and initiate criminal proceedings against the accused Nguyen Van B for abusing trust in order to appropriate property. If Nguyen Van B is found through investigation to have also committed the offense of appropriating property through swindling, before issuing a decision to supplement the decision to initiate criminal proceedings against B for the offense of appropriating property through swindling in addition to the offense of abusing trust in order to appropriate property, the investigation body shall issue a decision to supplement the decision to initiate the criminal case for the offense of appropriating property through swindling.

4. A decision to initiate criminal proceedings against the accused shall not be changed if the act of the accused is determined through investigation to be regulated by another clause of the same article prescribing the offense for which criminal proceedings are initiated against the accused.

5. A procuracy shall decide to initiate criminal proceedings against the accused or to change or supplement a decision to initiate criminal proceedings against the accused if it has requested in writing an investigation body but the latter fails to do so. In case a procuracy initiates criminal proceedings against the accused, it shall decide on the change or supplementation of the decision to initiate criminal proceedings against the accused.

6. The issuance of a decision to initiate a criminal case or a decision to initiate criminal proceedings against the accused or the supplementation of such decision in case the accused commits many criminal acts which constitute the same offense or commits many offenses is prescribed as follows:

a/ If a person commits many criminal acts which constitute the same offense and are detected at the same time, only one decision to initiate a criminal case and one decision to initiate criminal proceedings against the accused shall be issued for such criminal acts. If the accused is found through the investigation or during the prosecution to have also committed other acts which constitute the same offense and for which criminal proceedings are not yet initiated against him/her, a decision shall be issued to supplement the decision to initiate the criminal case for such acts;

b/ If at a time a person commits different criminal acts which are detected at the same time, only one decision to initiate a criminal case and one decision to initiate criminal proceedings against the accused shall be issued for such criminal acts, clearly stating each offense and applicable article and clause of the Penal Code;

c/ If a person commits different criminal acts which are linked in a way that previous acts are to facilitate subsequent acts or which are interrelated, only one decision to initiate a criminal case and one decision to initiate criminal proceedings against the accused shall be issued for such criminal acts, clearly stating each offense and applicable article and clause of the Penal Code;

d/ If a person commits different criminal acts at different points of time which constitute different offenses and are detected at the same time, only one decision to initiate a criminal case and one decision to initiate criminal proceedings against the accused shall be issued for such criminal acts, clearly stating each offense and applicable article and clause of the Penal Code;

dd/ When detecting that the accused has committed many offenses, including an offense falling under the investigative jurisdiction of a higher-level investigation body, an investigation body shall exchange opinions and reach agreement with a same-level procuracy for transfer of the whole case to the higher-level investigation body for conducting the investigation.

7. After receiving a case file and written investigation conclusions from an investigation body, if a procuracy detects an individual or a commercial legal person that has committed a criminal act in the case but criminal proceedings are not yet initiated against him/her/it or has a ground to determine that the criminal act of the accused does not constitute the offense for which criminal proceedings have been initiated against the accused or finds another criminal act of the accused for which criminal proceedings have not yet been initiated against the accused, a procuracy shall consider and decide to initiate criminal proceedings against the accused under Clause 4, Article 179 of the Criminal Procedure Code or return the case file to the investigation body for conducting the additional investigation or request the investigation body to issue a decision to initiate criminal proceedings against the accused or a decision to change or supplement the decision to initiate criminal proceedings against the accused and carry out investigation activities according to the general procedures. If the investigation body fails to do so, the procuracy shall issue a decision to initiate criminal proceedings against the accused or a decision to change or supplement the decision to initiate criminal proceedings against the accused and send it to the investigation body for conducting the investigation.

Article 10.Handover, receipt and consideration of approval of decisions to initiate criminal proceedings against the accused or decisions to change or supplement decisions to initiate criminal proceedings against the accused

1. Investigation bodies shall take the initiative in consulting procuracies before deciding to initiate criminal proceedings against the accused or deciding to change or supplement decisions to initiate criminal proceedings against the accused.

2. Within 3 days after receiving a decision to initiate criminal proceedings against the accused or a decision to change or supplement a decision to initiate criminal proceedings against the accused, a procuracy shall issue a decision to approve or cancel such decision. If finding the grounds for approval insufficient, a procurator shall promptly exchange opinions with an investigator on evidences and documents which need to be added and report to the investigation and procuracy leaders for opinion and agreement on contents to be added. The request of the procuracy for addition of evidences and documents shall be made in writing. In case the investigation body cannot add evidences and documents, it shall clearly state the reason in writing.

After adding evidences and documents at the request of the procuracy, the investigation body shall further made a written request for approval or cancellation of the decision to initiate criminal proceedings against the accused or decision to change or supplement the decision to initiate criminal proceedings against the accused, enclosed with evidences and documents added at the request of the procuracy for the latter to make consideration and decision according to its competence.

3. In case of consideration of approval of a decision to initiate criminal proceedings against the accused who is currently held in custody, the time limit for consideration of approval must not exceed the custody time limit or extended custody time limit. At least 24 hours before the expiration of the custody time limit or extended custody time limit, an investigation body shall transfer a dossier of request for consideration of approval of the decision to initiate criminal proceedings against the accused to a same-level procuracy. In case the procuracy requests the addition of evidences and documents for use as a basis for consideration of approval, the time limit for addition of evidences and documents must not exceed the extended custody time limit. If the investigation body cannot add evidences and documents within the extended custody time limit, it shall clearly state the reason in writing and request the procuracy to make consideration and decision.

4. In order to add evidences and documents for consideration and decision on approval of a decision to initiate criminal proceedings against the accused or decision to change or supplement a decision to initiate criminal proceedings against the accused, if a procurator and an investigator jointly interrogate the accused or take statements of at-law representatives of the commercial legal person, witness, victim or an involved party, the investigator shall copy and promptly transfer the minutes of interrogation of the accused or minutes of taking of statements to the procurator. If the procurator personally interrogates the accused or takes statements, he/she shall promptly transfer the minutes of interrogation or minutes of taking of statements to the investigator for inclusion in the case file.

5. A dossier of request for a procuracy’s approval of a decision to initiate criminal proceedings against the accused or decision to change or supplement a decision to initiate criminal proceedings against the accused must comprise:

a/ A written request for consideration of approval of the decision to initiate criminal proceedings against the accused or decision to change or supplement the decision to initiate criminal proceedings against the accused;

b/ The decision to initiate a criminal case or decision to change or supplement the decision to initiate a criminal case;

c/ The decision to initiate criminal proceedings against the accused or decision to change or supplement the decision to initiate criminal proceedings against the accused;

d/ The minutes of interrogation of the accused or minutes of taking of statements of the at-law representative of the commercial legal person (if any); the minutes of taking of statements of denounced persons, persons against whom the criminal case is proposed to be initiated, persons held in case of emergency, arrestees, persons held in custody, witnesses, victims and other proceeding participants (if any);

dd/ Other evidences and documents for use as a basis for initiation of criminal proceedings against the accused, or for change or supplementation of the decision to initiate criminal proceedings against the accused.

6. The inventory, marking and handover of documents in the dossier of request for approval prescribed in this Article must comply with Clause 1, Article 35 of this Joint Circular.

7. After receiving a decision approving a decision to initiate criminal proceedings against the accused or decision to initiate criminal proceedings against the accused from a procuracy, an investigation body shall strictly comply with Clause 5, Article 179 of the Criminal Procedure Code and make a written record of handover and receipt of the decision approving the decision to initiate criminal proceedings against the accused or the decision to initiate criminal proceedings against the accused from the procuracy.

Article 11.Setting of investigation requirements by procurators and fulfillment of investigation requirements

1. A procurator shall promptly exchange opinions with an investigator or investigation officer assigned to investigate a criminal case on matters which need to be investigated right after receiving a decision to initiate a criminal case and during the investigation in order to ensure that the latter can fully collect evidences and documents of the criminal case.

A procurator may set investigation requirements orally during the process of directly supervising the crime scene investigation, autopsy, body search and interrogation of the accused, taking of statements of witnesses, victims and involved parties, confrontation, identification, investigation experimentation or voice recognition. For other investigation activities, a procurator shall set investigation requirements in writing, clearly and specifically stating matters which need to be investigated and evidences and documents which need to be collected. The written request for investigation shall be included in the case file.

2. An investigator or investigation officer assigned to investigate a criminal case shall fulfill investigation requirements set by a procurator. If deeming it necessary, he/she may exchange opinions with the procurator to clarify contents of the written request for investigation. In case of an investigation requirement on which the investigator or investigation officer disagrees with the procurator, the investigator or investigation officer may report such to the head or deputy head of the investigation body, while the procurator shall report such to the chief procurator or deputy chief procurator of the procuracy for reaching agreement on such requirement. In case the investigation body fails to fulfill investigation requirements of the procuracy or has carried out investigation activities but cannot fulfill investigation requirements of the procuracy due to objective obstacles, it shall clearly state the reason in written investigation conclusions.

Article 12.Procuracies directly carrying out a number of investigation activities

1. At the stage of investigation, if falling into one of the cases specified in Clause 7, Article 165 of the Criminal Procedure Code, a procurator shall personally interrogate the accused and take statements of persons held in custody, arrestees, victims, involved parties, witnesses and observers, carry out confrontation, investigation experimentation and other investigation activities in accordance with the Criminal Procedure Code. The procurator shall notify such in advance to the investigator. The investigator shall coordinate with the procurator in carrying out investigation activities when so requested. In case the investigator is absent, at least 2 hours before the procurator carries out a number of investigation activities, the investigator shall notify his/her absence to the procurator.

2. In case a procuracy directly carries out a number of investigation activities under Clause 3, Article 236 or Clause 1, Article 246 of the Criminal Procedure Code and deems it necessary to coordinate with an investigation body, at least 24 hours before carrying out such investigation activities, the procuracy shall notify the investigation body of time and place of carrying out such investigation activities so that the latter can assign an investigator to coordinate with the procurator. In case the assigned investigator is absent, at least 2 hours before the procurator carries out a number of investigation activities, the investigator shall notify his/her absence to the procurator.

3. Minutes of a number of investigation activities carried out by a procurator shall be included in the case file.

Article 13.Notification; transfer of minutes of investigation activities

1. At least 24 hours before carrying out confrontation, identification, voice recognition and investigation experimentation, an investigator shall notify expected time and place of carrying out such activities to a procurator. In case the procurator cannot participate in such activities, at least 2 hours before the investigator carries out such activities, the procurator shall notify the reason to the investigator for recording in the minutes.

2. Right after a procuracy approves a search warrant, an investigator shall exchange opinions and reach agreement with a procurator on the time and place of search for the latter to participate. In case the procurator is absent due to aforce majeureevent, at least 2 hours before the investigator carries out the search, the procurator shall notify the reason for his/her absence to the investigator for recording in the search minutes.

3. In case a procurator does not participate in supervising investigation activities specified in Clauses 1 and 2 of this Article, right after such activities are completed, an investigator shall hand over minutes and documents of such activities to the procurator under Clause 5, Article 88 of the Criminal Procedure Code.

Article 14.Counting of procedural time limit in case of joinder of criminal cases or in case the accused has committed a more serious offense or less serious offense or against him/her criminal proceedings are initiated and additional investigation is carried out for another offense

1. In case of joinder of criminal cases for investigation under Clause 1, Article 170 of the Criminal Procedure Code, the investigation time limit of the joined case and time limit for temporary detention of the accused shall be counted for the most serious offense for which criminal proceedings have been initiated against the accused. The investigation time limit shall be counted from the date of initiation of the first criminal case.

2. In case the act of the accused is determined through the investigation of a criminal case to be subject to a heavier penalty prescribed in another clause of the same article and in case a decision to change a decision to initiate criminal proceedings against the accused for a more serious offense prescribed in another article, the investigation and temporary detention time limits shall be counted for the more serious offense minus the previous investigation and temporary detention period.

Example 1: On January 1, 2018, an investigation body initiated criminal proceedings and applied the measure of temporary detention against the accused Nguyen Van A for stealing property under Clause 2, Article 173 of the Penal Code (serious offense). On January 30, 2018, it was determined through investigation results that the act of stealing property of the accused was regulated by Clause 3, Article 173 of the Penal Code (very serious offense). As a result, from January 30, 2018, the investigation and temporary detention time limits for Nguyen Van A would be counted for a very serious offense and cleared against the previous period during which Nguyen Van A was investigated and temporarily detained (1 month).

Example 2: On January 1, 2018, an investigation body initiated criminal proceedings and applied the measure of temporary detention against the accused Nguyen Van B for intentionally inflicting injury to, or causing harm to the health of, other persons under Clause 1, Article 134 of the Penal Code. On January 30, 2018, the investigation body issued a decision to change the decision to initiate criminal proceedings against Nguyen Van B for the offense of murder under Clause 1, Article 123 of the Penal Code. As a result, from January 30, 2018, the investigation and temporary detention time limits for the accused would be counted for the offense of murder and cleared against the previous period during which Nguyen Van B was investigated and temporarily detained for intentionally inflicting injury to, or causing harm to the health of, another person (1 month).

3. In case during the investigation of a criminal case, there is a decision to supplement a decision to initiate a criminal case or initiate criminal proceedings against the accused for another offense, the investigation and temporary detention time limits shall be counted for the most serious offense. The total investigation time limit must not exceed the time limit prescribed in Article 172 of the Criminal Procedure Code, while the total temporary detention time limit is that prescribed in Article 173 of the Criminal Procedure Code but must not exceed the investigation time limit.

4. In case of changing a decision to initiate criminal proceedings against the accused for a less serious offense or determining that the act of the accused is subject to a lighter penalty prescribed for the same offense in another clause of the same article, the investigation and temporary detention time limits shall be counted for the less serious offense. Right after the change of a decision to initiate criminal proceedings against the accused, an investigation body shall exchange opinions and reach agreement with a procuracy on considering and deciding on the application, cancellation or replacement of the deterrent measure against the accused appropriate to the less serious offense.

Article 15.Application of the measure of holding persons in case of emergency or arresting persons held in case of emergency

1. When requesting a procuracy to approve a warrant to arrest a person held in case of emergency, an investigation body shall make a written request, clearly stating the reason for arrest, enclosed with evidences and documents providing grounds for the arrest, specifically as follows:

a/ In case of holding a person in case of emergency under Point a, Clause 1, Article 110 of the Criminal Procedure Code, the dossier must have evidences and documents providing clear grounds for determining that such person is preparing for commission of a very serious offense or particularly serious offense;

b/ In case of holding a person in case of emergency under Point b, Clause 1, Article 110 of the Criminal Procedure Code, the dossier must have a minutes recording statements of accomplices or victims or persons present at the crime scene who saw and identify the offender and documents or grounds to believe that such person may abscond if not held;

c/ In case of holding a person in case of emergency under Point c, Clause 1, Article 110 of the Criminal Procedure Code, the dossier must have evidences and documents proving the existence of traces of, or documents and items involved in, an offense on the body or at the place of residence or workplace or in the vehicle of the suspect; and documents or grounds to believe that he/she absconded or destroyed evidences.

2. In case a procurator personally meets and gives questions to a person held in case of emergency before considering and deciding to approve or not to approve a warrant to arrest the person held in case of emergency, such procurator shall notify such to an investigator or investigation officer for coordination. The investigator or investigation officer shall coordinate with the procurator in meeting and giving questions to the person held in case of emergency. The minutes recording statements of the person held in case of emergency made by the procurator shall be included in the case file.

3. A decision to hold in custody a person held in case of emergency shall be issued within 12 hours after an investigation body holds or receives him/her (no decision of the procuracy approving the warrant to arrest the person held in case of emergency is required). Such decision shall be issued before or together with a warrant to arrest the persons held in case of emergency.

4. After receiving a decision approving a warrant to arrest a person held in case of emergency, an investigator shall make a minutes of arrest of such person at detention facility. The making of such minutes shall be witnessed by an officer of the detention facility.

5. In case an investigation body currently processing a case file requests another investigation body or person specified at Point b or c, Clause 2, Article 110 of the Criminal Procedure Code to coordinate in holding a person in case of emergency, right after carrying out the holding of person, the investigation body or person requested for coordination shall promptly notify such to the coordination-requesting investigation body for the latter to come and receive the person held in case of emergency and related documents and, at the same time coordinate with the latter in escorting such person to the office of the investigation body. Written requests for coordination in holding the person held in case of emergency shall be included in the case file.

The investigation body that has issued the warrant to hold the person in case of emergency may send by fax or its copy via another electronic device to the body or person requested to coordinate in holding such person but shall later send the original warrant for inclusion in the case file.

Article 16.Approval of temporary detention warrants in case criminal proceedings are initiated against persons held in custody as the accused

1. In case criminal proceedings are initiated against a person held in custody as the accused, at least 24 hours before the custody time limit or extended custody time limit expires, an investigation body shall transfer a dossier of request for approval of the decision to initiate criminal proceedings against the accused and a temporary detention warrant to a same-level procuracy. After such dossier is transferred to the procuracy for consideration of approval, if having additional evidences and documents, the investigation body shall promptly transfer them to the procuracy. The consideration of approval of the decision to initiate criminal proceedings against the accused shall be carried out simultaneously with the consideration of approval of the warrant for temporary detention of the accused.

In case the custody time limit has not yet expired and the investigation body requests approval of the decision to initiate criminal proceedings against the accused and temporary detention warrant, if grounds for initiation of criminal proceedings against and temporary detention of the accused are insufficient but there are grounds for extending the custody time limit, the procuracy shall request the investigation body to issue and promptly send a decision to extend the custody time limit to the former for approval. Within the extended custody time limit, the investigation body shall expeditiously collect and consolidate evidences and documents before transferring them to the procuracy for consideration of approval of the decision to initiate criminal proceedings against the accused and temporary detention warrant.

2. In case a procuracy refuses to approve a decision to initiate criminal proceedings against the accused and a temporary detention warrant, it shall issue a decision to cancel the decision to initiate criminal proceedings against the accused and a decision not to approve the temporary detention warrant, and request the investigation body to immediately release the person held in custody. In case the procuracy has approved a decision to extend the custody time limit, it shall issue a decision to release the person held in custody.

3. In case it finds the initiation of criminal proceedings against the accused grounded but deems it unnecessary to temporarily detain the accused, a procuracy shall issue a decision to approve the decision to initiate criminal proceedings against the accused and a decision not to approve the temporary detention warrant. If deeming it necessary, the procuracy may request the investigation body to apply another deterrent measure against the accused.

4. A dossier of request for consideration of approval of a decision to initiate criminal proceedings against the accused and a temporary detention warrant prescribed in Clause 1 of this Article must comprise:

a/ A written request for consideration of approval, clearly stating the reason for the request and enclosed with documents related to the temporary detention; and the warrant for temporary detention of the accused;

b/ A dossier of request for consideration of approval of the decision to initiate criminal proceedings against the accused as prescribed in Clause 5, Article 10 of this Joint Circular.

Article 17.Counting of temporary detention time limit in case the accused has been held in custody and method of indicating the time limit in temporary detention warrants or warrants to arrest the accused for temporary detention

1. The custody period shall be cleared against the time limit for temporary detention for investigation. If the temporary detention follows the custody without any interval, the temporary detention time limit shall be counted from the date of expiration of the custody time limit. If there is an interval between the temporary detention and custody, the temporary detention time limit shall be counted from the date of arrest of the accused for temporary detention to the date of expiration indicated in the warrant (after being cleared against the custody period). The last point of time of the temporary detention time limit is 24:00 hours of the last day indicated in the warrant. The counting of custody and temporary detention time limits shall be based on the actual time limits indicated in the custody decision, temporary detention warrant and warrant for arrest of the accused for temporary detention and such time limits must be continuous periods including weekends and public holidays. One month of temporary detention shall be counted as 30 days.

2. The method of indicating time limits in a temporary detention warrant or warrant for arrest of the accused for temporary detention in case the accused has been previously held in custody is as follows: The temporary detention time limit shall be counted in days, starting from the last day of the custody time limit or the date of arrest of the accused for temporary detention and ending on the last day of the temporary detention time limit (after being cleared against the custody period).

Example 1: Nguyen Van A is held in custody for 3 days, from 10:00 hours of March 1, 2018, to 10:00 hours of March 4, 2018. Later, criminal proceedings are initiated and a warrant for temporary detention of 2 months is issued against him. The actual temporary detention time limit for him is 1 month and 27 days (minus 3 days of custody). As a result, the time limit shall be indicated in the temporary detention warrant and decision approving the temporary detention warrant as follows: temporary detention of Nguyen Van A, for 1 month and 27 days from March 4, 2018, through April 29, 2018.

Example 2: Tran Thi B is held in custody for 6 days, from 14:00 hours of March 5, 2018, to 14:00 hours of March 11, 2018, before being subject to the measure of ban on travel out of residence. On April 11, 2018, she is arrested for temporary detention as the accused for 2 months. The temporary detention time limit for her is 1 month and 24 days (minus 6 days of custody). As a result, the time limit shall be indicated in the warrant of arrest of the accused for temporary detention and decision approving the warrant of arrest of the accused for temporary detention as follows: temporary detention of Tran Thi B, for 1 month and 24 days from April 11, 2018, through June 3, 2018.

Article 18.Use of temporary detention warrants of investigation bodies and decisions of procuracies on extension of temporary detention time limit at the stage of prosecution

1. Upon completing the investigation, proposing prosecution and transferring the case file to a procuracy, an investigation body shall notify such to the detention facility where the accused is temporarily detained.

2. Right after receiving the case file, a procurator shall check the accused temporary detention time limit for reporting to the chief procurator or deputy chief procurator for consideration and decision, specifically as follows:

a/ If the remaining time limit for temporary detention for investigation stated in the temporary detention warrant of the investigation body or the decision of the procuracy on extension of temporary detention time limit is equal to or longer than the time limit for decision on prosecution prescribed in Clause 1, Article 240 of the Criminal Procedure Code, for offenses subject to consideration and decision on prosecution, and when deeming it necessary to continue temporarily detaining the accused at the stage of prosecution, the procuracy may continue using such warrant or decision without having to issue a new temporary detention warrant;

b/ If the remaining time limit for temporary detention for investigation stated in the temporary detention warrant of the investigation body or the decision of the procuracy on extension of temporary detention time limit is not long enough for completing the prosecution, at least 5 days before the temporary detention time limit expires, the procuracy shall issue a new temporary detention warrant; the remaining temporary detention time limit and the new temporary detention time limit must not exceed the time limit for decision on prosecution prescribed in Clause 1, Article 240 of the Criminal Procedure Code, for offenses subject to consideration and decision on prosecution. After issuing a new temporary detention warrant, the procuracy shall immediately hand it over to the accused and the detention facility where the accused is temporarily detained;

c/ If the criminal case involves the accused who commits a less serious offense or serious offense and the accused who commits a very serious offense or particularly serious offense, at least 5 days before the temporary detention time limit expires for the accused who commits a less serious offense or serious offense, the procurator shall report such to the chief procurator or deputy chief procurator for the latter to decide on the prosecution for all the accused involved in the criminal case or apply other deterrent measures for the accused who commits a less serious offense or serious offense.

Article 19.Use of temporary detention warrants or decisions on extension of temporary detention time limit in case of returning case files for additional investigation while the temporary detention time limit has not yet expired, and the temporary detention of the accused upon transfer of criminal cases for investigation or prosecution according to jurisdiction

1. If the procuracy returns the case file for additional investigation while the temporary detention time limit stated in the temporary detention warrant of the investigation body or the decision of the procuracy on extension of temporary detention time limit has not yet expired, the investigation body may continue using such warrant or decision without having to issue a new temporary detention warrant. If the time limit for additional investigation has not yet expired while the remaining time limit for temporary detention stated in the temporary detention warrant of the investigation body or the decision of the procuracy on extension of temporary detention time limit is not long enough for completing the additional investigation, at least 5 days before the temporary detention time limit or the extended temporary detention time limit expires, the investigation body shall issue a temporary detention warrant and request the same-level procuracy to approve it. In this case, the temporary detention time limit shall be counted from the date following the last date of the temporary detention time limit stated in the previous temporary detention warrant or decision on extension of temporary detention time limit and must not exceed the time limit for additional investigation specified in Clause 2, Article 174 of the Criminal Procedure Code.

2. In case of transfer of a criminal case for investigation or prosecution according to jurisdiction, the temporary detention of the accused is prescribed as follows:

a/ If the time limit for temporary detention for investigation stated in the previous temporary detention warrant or decision on extension of temporary detention time limit issued by the investigation body or procuracy that transfers the criminal case has not yet expired, and when deeming it necessary to continue temporarily detaining the accused, the investigation body or procuracy that accepts the criminal case may continue using such warrant or decision without having to issue a new temporary detention warrant. If the remaining time limit for temporary detention is not long enough for completing the investigation and when deeming it necessary to continue temporarily detaining the accused, at least 5 days before the temporary detention time limit or the extended temporary detention time limit expires, the investigation body that accepts the criminal case shall send to the same-level procuracy a written request for extension of the temporary detention time limit under Article 173 of the Criminal Procedure Code;

b/ If the time limit for temporary detention for prosecution stated in the temporary detention warrant or decision on extension of temporary detention time limit issued by the procuracy that transfers the criminal case has not yet expired, and when deeming it necessary to continue temporarily detaining the accused, the procuracy that accepts the criminal case may continue using such warrant or decision without having to issue a new temporary detention warrant. If the remaining time limit for temporary detention is not long enough for completing the prosecution and when deeming it necessary to continue temporarily detaining the accused, the procuracy that accepts the criminal case shall issue a temporary detention warrant against the accused.

Article 20.Extension of the time limit for application, cancellation or replacement of deterrent measures at the stage of investigation

1. At the stage of investigation, 10 days before the date of expiration of the time limit for application of a deterrent measure, an investigation body shall send to a procuracy a written request, stating the grounds and reasons, for the extension of the time limit for application, cancellation or replacement of such measure.

2. When ceasing the investigation of a criminal case or ceasing the investigation against the accused, an investigation body shall send to a procuracy a written request for cancellation of all the approved deterrent measures, stating the reasons and enclosed with evidences and documents proving the grounds for such cessation.

3. A dossier of request for extension of the time limit for application, cancellation or replacement of a deterrent measure must comprise:

a/ A written request of the investigation body, stating the grounds and reasons for the extension;

b/ Evidences and documents for use as grounds for the investigation body to request the extension.

Article 21.Application of bail

1. In case an investigation body decides to let the accused be out on bail, immediately after issuing a decision on application of bail, it shall send a written request, stating the reasons and enclosed with supporting evidences and documents, to a same-level procuracy for approval.

2. A dossier of request for approval of a decision on application of bail must comprise:

a/ A written request for approval of a decision on application of bail, enclosed with such decision;

b/ A written pledge certified by the head of the agency or organization that stands bail, in case agencies or organizations stand bail for the accused;

c/ A written pledge certified by the administration of the locality where the person who stands bail resides, or by the agency or organization where the person who stands bail works or learns, in case individuals stand bail for the accused (written pledges of at least 2 persons who stand bail are required);

d/ A written pledge to perform the obligations of the accused who is bailed, which must have the contents specified in Clause 3, Article 121 of the Criminal Procedure Code;

dd/ Evidences and documents proving the criminal act and personal identification of the accused which prove that his/her act is  not serious enough for application of the temporary detention measure.

3. Within 3 days after receiving a request from the investigation body, a same-level procuracy shall issue a decision to approve or not to approve the decision on application of bail, or send a written request to the investigation body for adding evidences and documents in order to consider approving such decision.

4. When having grounds to believe that the accused breaches the pledged obligations specified in Clause 3, Article 121 of the Criminal Procedure Code, an investigation body shall send a written request, stating the reasons and enclosed with documents proving breach of the accused, to a procuracy for cancellation of bail. The investigation body shall issue a warrant for arrest of the accused for temporary detention and send a written request to the procuracy for approval. In this case, the temporary detention time limit must not exceed the time limit for investigation of the criminal case.

5. In case a procuracy has grounds to believe that the accused breaches the pledged obligations, it shall send a written request to an investigation body for carrying out the procedures for cancelling bail and applying the temporary detention measure under Clause 4 of this Article.

6. In case the investigation has been completed, proceeding to the stage of prosecution, and a procuracy deems it necessary to continue applying bail for the accused, it shall issue a decision on application of bail. The time limit for bail must not exceed the time limit for decision on prosecution, counting from the date following the last date stated in the decision of the investigation body on application of bail.

Article 22.Depositing of money as security

1. In case an investigation body decides to allow the accused or his/her relative to deposit money as security, immediately after issuing a decision on application of the measure of depositing of money as security, the investigation body shall send to a same-level procuracy a written request for approval of such decision, stating the reasons and enclosed with supporting evidences and documents.

2. A dossier of request for approval of a decision on application of the measure of depositing of money as security must comprise:

a/ A written request for approval of a decision on application of the measure of depositing of money as security, enclosed with such decision;

b/ Evidences and documents showing the nature and severity of danger caused by acts of the accused to the society, and personal identification and property status of the accused;

c/ A document certifying that the accused or his/her relative has deposited money as security;

d/ A written pledge of the accused to perform the obligations specified in Clause 2, Article 122 of the Criminal Procedure Code;

dd/ A written pledge made by the accused’s relative under Clause 5, Article 122 of the Criminal Procedure Code, in case the accused’s relative deposits money as security.

3. Within 3 days after receiving a request from an investigation body, a same-level procuracy shall issue a decision to approve or not to approve the decision on application of the measure of depositing of money as security, or send a written request to the investigation body for adding evidences and documents in order to consider approving such decision.

4. When having grounds to believe that the accused breaches the pledged obligations prescribed in Clause 2, Article 122 of the Criminal Procedure Code, an investigation body shall send a written request, stating the reasons and enclosed with documents proving breaches of the accused, to a procuracy for the latter to cancel the measure of depositing of money as security. The investigation body shall issue a warrant for arrest of the accused for temporary detention and send a written request to the procuracy for approval. In this case, the temporary detention time limit must not exceed the time limit for investigation of the criminal case.

5. In case a procuracy has grounds to believe that the accused breaches the pledged obligations, it shall send a written request to an investigation body for carrying out the procedures for cancellation of the measure of depositing of money as security and application of the temporary detention measure under Clause 4 of this Article.

6. In case the investigation has been completed, proceeding to the stage of prosecution, and a procuracy deems it necessary to continue applying the measure of depositing of money as security to the accused, it shall issue a decision on application of the measure of depositing of money as security. The time limit for depositing of money as security must not exceed the time limit for decision on prosecution, counting from the date following the last date stated in the decision of the investigation body on application of the measure of depositing of money as security.

Article 23.Application of a number of deterrent measures upon the extension of the time limit for investigation or extension of the time limit for decision on prosecution

1. When extending the time limit for investigation or extending the time limit for decision on prosecution while the time limit for ban on travel out of residence, postponement of exit, bail, or depositing of money as security for the accused has expired, an investigation body or a procuracy shall issue a new warrant or decision. The investigation body shall request the procuracy to approve a decision on application of bail or decision on application of the measure of depositing of money as security before executing such decision. The time limit for application of a new warrant or decision issued by the investigation body or procuracy for the accused must not exceed the extended time limit for investigation or the extended time limit for decision on prosecution.

2. If the remaining time limit set by an investigation body for ban on travel out of residence, postponement of exit, bail, or depositing of money as security is equal to or longer than the time limit for decision on prosecution prescribed in Clause 1, Article 240 of the Criminal Procedure Code, and when deeming it necessary to continue applying such deterrent measure, a procuracy may continue using the warrant or decision of the investigation body.

If the remaining time limit set by the investigation body for ban on travel out of residence, postponement of exit, bail, or depositing of money as security is not long enough for completing the prosecution, and when deeming it necessary to continue applying such deterrent measure, at least 5 days before the date of expiration of the time limit stated in the previous warrant or decision, the procuracy shall issue a new warrant or decision.

Article 24.Definite-term suspension of the operation of commercial legal persons related to their criminal acts; compelled payment of a money amount to secure judgment execution

1. Within 24 hours after issuing a decision on definite-term suspension of the operation of a commercial legal person or a decision compelling a commercial legal person to pay a money amount to secure judgment execution, an investigation body shall send to a same-level procuracy for approval a dossier, which must comprise:

a/ A written request for approval, stating the reasons and grounds;

b/ A decision on definite-term suspension of the operation of the commercial legal person, or a decision compelling the commercial legal person to pay a money amount to secure judgment execution;

c/ Evidences and documents for use as grounds for definite-term suspension of the operation of the commercial legal person, or a decision compelling the commercial legal person to pay a money amount to secure judgment execution.

2. Within 3 days after receiving a request from the investigation body, the same-level procuracy shall issue a decision to approve or not to approve the decision on definite-term suspension of the operation of the commercial legal person, or a decision compelling the commercial legal person to pay a money amount to secure judgment execution, or send a written request to the investigation body for adding evidences and documents in order to consider approving such decision.

Article 25.Decision on and approval of the application of special procedural investigation measures

1. Within 24 hours after issuing a decision on application of a special procedural investigation measure prescribed in Articles 223 and 224 of the Criminal Procedure Code, the head of an investigation body of provincial level or the head of a military investigation body of military-zone level or higher level shall send a request to the chief procurator of a same-level procuracy for approval of such decision.

2. Within 3 days after receiving a request from the head of the investigation body, the chief procurator of the same-level procuracy shall issue a decision to approve or not to approve the decision on application of a special procedural investigation measure, or send a written request to such head for adding evidences and documents in order to consider approving such decision.

3. A dossier of request for approval of a decision on application of a special procedural investigation measure must comprise:

a/ A written request for approval of a decision on application of a special procedural investigation measure, stating the reasons and grounds for application of such measure, and necessary information and documents to be collected upon the application of this measure;

b/ A decision on application of a special procedural investigation measure, issued by the head of the investigation body of provincial level or the head of the military investigation body of military-zone level or higher level under Clause 2, Article 225 of the Criminal Procedure Code;

c/ Other documents for use as grounds for the head of the investigation body of provincial level or head of the military investigation body of military-zone level or higher level to request considering the approval.

4. If a district-level investigation body or regional military investigation body accepts and investigates a criminal case and deems it necessary and having grounds to apply a special procedural investigation measure, the head of the investigation body shall exchange opinions with the chief procurator of a district-level people’s procuracy or chief procurator of a regional military procuracy on grounds for and possibility of application of the special procedural investigation measure. At the same time, the head of the district-level investigation body or the head of the regional military investigation body shall send a written request, enclosed with a dossier, to the head of the provincial-level investigation body or the head of the military zone-level military investigation body, for issuing a decision on application of a special procedural investigation measure. Such decision, the time limit, order and procedures for requesting the chief procurator of a procuracy to approve such decision must comply with Clause 1 of this Article.

Article 26.Implementation of special procedural investigation measures

1. In the course of implementing a special procedural investigation measure, the head of an investigation body of provincial level or the head of a military investigation body of military-zone level or higher level shall regularly inspect the application of such measure, and notify the chief procurator of a same-level procuracy of information and documents collected through the special procedural investigation measure, and reach agreement on the use and processing of collected information and documents under Article 227 of the Criminal Procedure Code.

2. If deeming it necessary to extend the time limit for application of a special procedural investigation measure, 10 days before this time limit expires, the head of an investigation body of provincial level or the head of a military investigation body of military-zone level or higher level shall send a written request, stating the reasons and enclosed with evidences and documents, to the chief procurator of a same-level procuracy for consideration and decision on the extension. Within 3 days after receiving the request enclosed with evidences and documents, the chief procurator of the same-level procuracy shall issue a decision on the extension or refusal of the extension, or send a written request to the head of the investigation body of provincial level or the head of the military investigation body of military-zone level or higher level for adding relevant evidences and documents in order to consider the extension.

Article 27.Cancellation or termination of the application of special procedural investigation measures

1. When deeming it no longer necessary to apply a special procedural investigation measure, the head of an investigation body of provincial level or the head of a military investigation body of military-zone level or higher level shall send a written request to the chief procurator of a procuracy who has approved the decision on application of the special procedural investigation measure to issue another decision annulling the previous decision.

2. When having grounds for annulment of a decision on application of a special procedural investigation measure as prescribed in Clauses 2 and 3, Article 228 of the Criminal Procedure Code, the chief procurator of a procuracy who has approved the decision on application of a special procedural investigation measure shall issue another decision annulling the previous decision and shall, within 24 hours, send such decision to the head of the investigation body who has issued the previous decision for forwarding it to the agency implementing special procedural investigation measure for immediately terminating the application of such measure.

Article 28.Decision on application of summary procedure

1. When deeming that a criminal case is eligible for application of summary procedure prescribed in Article 456 of the Criminal Procedure Code but an investigation body fails to issue a decision on application of summary procedure, a procuracy shall send a written request to the investigation body for the latter to issue a decision on application of summary procedure. Within 24 hours after receiving the request of the procuracy, the investigation body shall issue a decision on application of summary procedure, or issue a document stating the reason for non-application of summary procedure. After receiving such document, if the procuracy deems it necessary to apply summary procedure, it shall issue a decision on application of summary procedure and transfer it to the investigation body for compliance.

2. If deeming that a decision of an investigation body on application of summary procedure is ungrounded and unlawful, within 24 hours after receiving such decision, a procuracy shall issue a decision to cancel such decision.

3. At the stage of investigation, if seeing that one of the conditions for application of summary procedure prescribed at Points b, c and d, Clause 1, Article 456 of the Criminal Procedure Code is no longer satisfied, or that the criminal case or the accused is entitled to suspension from investigation, the cancellation of a decision on application of summary procedure is prescribed as follows:

a/ In case an investigation body issues the decision on application of summary procedure, it shall issue a decision to cancel the previous decision; if the investigation body fails to do so, the procuracy shall issue a decision to cancel the decision on application of summary procedure;

b/ In case a procuracy issues a decision on application of summary procedure, it shall issue a decision to cancel the previous decision.

4. At the stage of prosecution, if seeing that one of the conditions for application of summary procedure prescribed at Points b, c and d, Clause 1, Article 456 of the Criminal Procedure Code is no longer satisfied, or that the criminal case or the accused is entitled to suspension from prosecution, the procuracy shall issue a decision to cancel the decision on application of summary procedure.

Article 29.Transfer of criminal cases for investigation or prosecution according to jurisdiction; joinder or separation of criminal cases

1. Within 3 days from the date of having grounds to believe that a criminal case falls beyond its investigation jurisdiction, an investigation body that is investigating the criminal case shall exchange opinions and reach agreement with a same-level procuracy in order to send a written request to a competent investigation body or procuracy, enclosed with relevant documents defining the investigation jurisdiction, for exchanging opinions on the transfer of the case file for investigation according to jurisdiction. Within 5 days after receiving such request, the investigation body with investigation jurisdiction shall exchange opinions with the same-level procuracy in order to issue a written reply. The transfer of a criminal case is prescribed as follows:

a/ In case the investigation body with investigation jurisdiction agrees to receive the case file for investigation, the investigation body that is investigating the criminal case shall send a written request for transfer of the criminal case to the same-level procuracy for the latter to decide on the transfer of the criminal case according to its jurisdiction;

b/ In case the investigation body with investigation jurisdiction refuses to receive the case file for investigation, it shall issue a document stating the reason; if such reason is ungrounded, the investigation body that is investigating the criminal case shall send a written request for transfer of the criminal case to the same-level procuracy for decision on transfer of the criminal case according to jurisdiction; the investigation body with investigation jurisdiction shall receive the case file upon obtaining the procuracy’s decision on transfer of the criminal case; if the reason for refusal is a dispute over the investigation jurisdiction, the investigation body that is investigating the criminal case shall coordinate with the same-level procuracy in reporting and proposing the immediate higher-level procuracy to settle issues related to the investigation jurisdiction under Clause 3, Article 166 of the Criminal Procedure Code.

2. If a procuracy transfers a criminal case for prosecution according to jurisdiction, an investigation body that has completed the investigation of the criminal case shall coordinate with the procuracy that has exercised the right to prosecution and supervision of the investigation of the case in implementing the request or decision on handover of exhibits (if any) and other decisions of the procuracy with prosecution jurisdiction.

3. If having grounds for joinder or separation of criminal cases under Article 170 or 242 of the Criminal Procedure Code, an investigation body and a procuracy shall exchange opinions and reach agreement with each other before issuing a decision. If having sufficient grounds and conditions for joinder or separation of criminal cases but the investigation body fails to do so, the procuracy shall request in writing the investigation body to issue a decision on joinder or separation of criminal cases for conducting investigation.

Article 30.Assignment of tasks to deputy heads of investigation bodies, investigators or procurators in case of entrustment of investigation

When being entrusted to conduct investigation, if deeming that the entrusted investigation is likely to be complicated or prolonged, an entrusted investigation body shall assign its deputy head or investigator to investigate the entrusted tasks; a procuracy at the same level with the entrusted investigation body shall assign its procurator to exercise the right to prosecution and supervision of the investigation conducted by the entrusted investigation body.

Article 31.Preparation for termination of investigation of criminal cases

1. At least 10 days for less serious cases or serious cases, 15 days for very serious cases, or 20 days for particularly serious cases, before the date of termination of investigation or before the date of expiration of the time limit for investigation of a criminal case, an investigator and a procurator shall coordinate with each other in assessing all evidences, documents and criminal procedures of the criminal case and shall, if having sufficient grounds for termination of the investigation, reach agreement to allow the investigator to report such to the head or deputy head of the investigation body for terminating the investigation of the criminal case. If deeming it necessary to continue the investigation, they shall report such to the head or deputy head of the investigation body and chief procurator or deputy chief procurator of the procuracy for extending the time limit for investigation or temporary detention of the accused in accordance with the Criminal Procedure Code.

For a particularly serious and complicated criminal case or when the investigator and procurator cannot reach agreement on assessing the evidences or offense, the investigator shall exchange opinions with the procurator for reporting such to the head of the investigation body and chief procurator of the procuracy for the latter to hold a meeting to assess the investigation results and direct the settlement of issues involving divergent opinions, difficulties and problems, ensuring that the termination of investigation and settlement of the criminal case comply with law.

2. The investigator and procurator shall make a written record of the assessment of evidences and documents and keep case files of the investigation body and supervision files.

Article 32.Investigation suspension

1. When having grounds for investigation suspension, an investigator and a procurator shall coordinate with each other in reviewing evidences and documents to ensure that such suspension is grounded and complies with Article 229 or 443 of the Criminal Procedure Code. Before issuing a decision to suspend the investigation of a criminal case, a decision to suspend investigation of a criminal case against the accused, or a decision to suspend the investigation against the accused, an investigation body shall settle relevant issues (if any) in accordance with the Criminal Procedure Code and relevant laws.

2. An investigation body and a procuracy shall open a book for monitoring and managing criminal cases and the accused that are entitled to investigation suspension. The investigator and procurator shall conduct regular reviews to reach agreement on criminal cases and the accused that are entitled to investigation suspension. When seeing that the reason for investigation suspension no longer exists, the investigation body shall issue a decision to resume the investigation of the criminal case or to resume the investigation against the accused. In case a criminal act is no longer regarded as an offense for the reason that the limitation period for examination of penal liability has expired or as a result of amendment of relevant regulations, the investigation body shall exchange opinions with the procuracy before issuing a decision to suspend the investigation in accordance with the Criminal Procedure Code.

Article 33.Investigation cessation

1. When having grounds for investigation cessation, an investigator and a procurator shall coordinate with each other in reviewing evidences and documents to ensure that such cessation is grounded and complies with Article 230 or 443 of the Criminal Procedure Code; if having sufficient grounds for investigation cessation, the investigator shall report such to the head or deputy head of the investigation body for the latter to issue a decision to cease the investigation of a criminal case, a decision to cease the investigation of a criminal case against the accused, or a decision to cease the investigation against the accused; if not having sufficient grounds for investigation cessation, the investigation body shall continue the investigation.

2. When issuing a decision to cease the investigation of a criminal case, a decision to cease the investigation of a criminal case against the accused, or a decision to cease the investigation against the accused, an investigation body shall cancel deterrent or coercive measures, return documents and objects temporarily seized (if any), handle exhibits, settle relevant matters, and notify such to a procuracy in accordance with the Criminal Procedure Code; for deterrent or coercive measures approved by the procuracy, the investigation body shall send a written notice to the procuracy for the latter to decide to cancel them.

Article 34.Transfer, delivery and receipt of written records and documents in the case specified in Clause 5, Article 88 of the Criminal Procedure Code

1. Written records and documents on investigation activities not directly supervised by a procuracy between an investigation body and a procuracy in the case specified in Clause 5, Article 88 of the Criminal Procedure Code may be transferred directly or sent by registered mail; if due to an external obstacle, an investigator cannot transfer the written records and documents to the procuracy, he/she may transfer them by fax.

2. In case of direct transfer of written records and documents, the date of transfer is the date of making a written record of delivery and receipt.

In case of sending written records and documents by registered mail, the date of transfer is the date shown in the postmark of the mail-sending post office; envelopes of written records and documents shall be included in the case file. A person who receives written records and documents directly from the procuracy shall check their seals; if the seals are not intact, he/she shall immediately make a written record confirming the state of seals, certified by the post officer, and report such to the leader of the procuracy and concurrently notify such to the investigation body for coordinated settlement. If the seals are intact but the written records and documents are fewer than those specified in the list of written records and documents, he/she shall report such to the leader of the procuracy in order to immediately make a written record, and notify such to the investigation body for coordinated settlement.

In case of transferring written records and documents by fax, right after an external obstacle no longer exists, the investigator shall transfer the original written records and documents to the procuracy. The procurator shall check the written records and documents and shall, if deeming that the received written records and documents are the same as those received by fax, confirm that the date when the investigation body transfers the written records and documents is the date the procuracy receives them by fax.

3. The delivery and receipt of written records and documents shall be mentioned in written records under Article 133 of the Criminal Procedure Code.

Article 35.Inventorying, marking and numbering case files at the stage of investigation or prosecution

1. The inventory and marking of records and documents in a case file at the stage of investigation are prescribed as follows:

a/ Before transferring to a procuracy written records and documents on investigation activities not directly supervised by the procuracy, investigation records and documents for the procuracy to supervise the making of the case file, or a file requesting the procuracy to consider approving the investigation body’s warrant or decision, an investigator shall fully inventory the names of written records and documents and put their ordinal numbers in the list of written records and documents, then put the investigation body’s marks (without putting numbers) in the top right corner of every page of written records and documents;

b/ The procurator shall put the procuracy’s marks (without having to put numbers) in the bottom right corner of every page of written records and documents under Point a of this Clause and written records and documents collected by himself/herself during the investigation before transferring them to the investigation body.

2. The inventory, numbering and marking of written records and documents in a case file upon the completion of the investigation or at the stage of prosecution are prescribed as follows:

a/ Upon completing the investigation, written records and documents collected during the prosecution or investigation by an investigator or a procurator shall be included in the case file according to criminal procedures. The investigator shall put marks of the investigation body in the top right corner of every page of written records and documents in the case file, put numbers once, and make a list of all written records and documents numbered from 01 to the end. In the course of putting marks and numbers, if making errors or erasures, the investigator shall summarize such errors or erasures, put his/her signature in the list of written records and documents, and make a report explaining the reasons for making such errors or erasures; this report shall be included in the case file;

b/ At the stage of prosecution, written records and documents collected by the procurator shall be included in the case file, with marks put in the top right corner of every page followed by serial numbers of written records and documents in the case file transferred by the investigator; it is prohibited to change ordinal numbers of marks in the case file. In the course of putting marks and numbers, if making errors or erasures, the procurator shall summarize such errors or erasures, put his/her signature on the list of written records and documents, and make a report explaining the reasons for making such errors or erasures; this report shall be included in the case file.

Article 36.Delivery and receipt of files of criminal cases for which investigation has been completed and of exhibits

1. An investigator or investigation officer shall personally transfer case files and exhibits (if any) to a procuracy at the same level with the investigation body. The delivery and receipt of case files must comply with Article 238 of the Criminal Procedure Code.

2. Procedures for delivery and receipt of exhibits between an investigation body and a procuracy are prescribed as follows:

a/ Exhibits accompanying case files are those which are numbered, included in case files and transferred together with the case files;

b/ For exhibits not accompanying case files, when issuing a prosecution decision, the procuracy shall issue a decision to transfer the exhibits to a civil judgment enforcement body at the same level with the court competent to adjudicate the cases. Within 2 days after receiving the procuracy’s decision on transfer of exhibits, the investigation body shall carry out the procedures for handover of exhibits to the civil judgment enforcement body; after the delivery and receipt of the exhibits, the investigation body shall transfer the written record of delivery and receipt together with relevant documents to the procuracy for inclusion in case files.

Article 37.Application of some provisions of this Joint Circular in coordination between agencies assigned to carry out a number of investigation activities of the People’s Public Security force or People’s Army, investigation bodies and procuracies

1. In case the head of an agency assigned to carry out a number of investigation activities of the People’s Public Security force or People’s Army modifies or cancels the deputy head’s ungrounded and unlawful decision, or replaces the deputy head in investigating a criminal case, Articles 4 and 5 of this Joint Circular shall be complied with.

2. After issuing a decision to initiate a criminal case or a decision not to initiate a criminal case or apply deterrent measures according to jurisdiction, an agency assigned to carry out a number of investigation activities of the People’s Public Security force or People’s Army shall immediately send such decision to a procuracy competent to prosecute under Articles 7 and 15 of this Joint Circular. In case of cancellation of a decision not to initiate a criminal case issued by an agency assigned to carry out a number of investigation activities of the People’s Public Security force or People’s Army, a procuracy competent to prosecute shall issue a decision to initiate a criminal case and request such agency to transfer all relevant documents to a competent investigation body for carrying out investigation.

3. A dossier requesting a procuracy to approve an arrest warrant against a person held in case of emergency issued by a competent person defined at Point b or c, Clause 2, Article 110 of the Criminal Procedure Code, and the consideration of approval of a decision to initiate criminal proceedings against the accused which is issued by an agency assigned to carry out a number of investigation activities of the People’s Public Security force or People’s Army must comply with Articles 10 and 15 of this Joint Circular.

4. The putting of marks and numbers of case files and the handover of records and exhibits of criminal cases by an agency assigned to carry out a number of investigation activities of the People’s Public Security force or People’s Army to a procuracy or competent investigation body must comply with Articles 34, 35 and 36 of this Joint Circular.

Article 38.Effect

This Joint Circular takes effect on December 10, 2018, and replaces Joint Circular No. 05/2005/TTLT-VKSNDTC-BCA-BQP of September 7, 2005, of the Supreme People’s Procuracy, Ministry of Public Security and Ministry of National Defense, on coordination between investigation bodies and procuracies in implementing a number of provisions of the 2003 Criminal Procedure Code.

Article 39.Organization of implementation

Any problems arising in the course of implementation of this Joint Circular should be promptly reported to the Supreme People’s Procuracy for it to summarize and coordinate with the Ministry of Public Security and Ministry of National Defense in consideration and settlement.-