Joint Circular No. 06/2018/TTLT-VKSNDTC-TANDTC-BCA-BTP-BLDTBXH dated December 21, 2018 of The Supreme People’s Procuracy - The Supreme People’s Court - The Ministry of Public Security - The Ministry of Justice - The Ministry of Labor, Invalids and Social Affairs on coordination in the implementation of a number of provisions of the Criminal Procedure Code regarding the procedure applicable to under-18 persons

JOINT CIRCULAR

On coordination in the implementation of a number of provisions of the Criminal Procedure Code regarding the procedure applicable
to under-18 persons^[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, Chief Justice of the Supreme People’s Court, Minister of Public Security, Minister of Justice and Minister of Labor, Invalids and Social Affairs jointly prescribe the coordination in the implementation of a number of provisions of the Criminal Procedure Code regarding the procedure applicable to under-18 persons.

Article 1. Scope of regulation

1. This Circular prescribes the coordination among bodies competent to conduct the proceedings, persons competent to conduct the proceedings and other related bodies, organizations and individuals in the implementation of a number of provisions of the Criminal Procedure Code regarding the procedure applicable to under-18 proceeding participants.

2. The trial of criminal cases involving under-18 defendants or victims under the jurisdiction of the family and juvenile tribunal shall be conducted in accordance with Circular 02/2018/TT-TANDTC of September 21, 2018, of the Chief Justice of the Supreme People’s Court, detailing the trial of criminal cases involving under-18 persons under the jurisdiction of the family and juvenile tribunal.

Article 2. Subjects of application

1. Bodies and persons competent to conduct the proceedings.

2. Persons held in case of emergency, criminally charged persons, victims and witnesses who are under 18 years of age.

3. Other related bodies, organizations and individuals participating in the proceedings as prescribed in the Criminal Procedure Code.

Article 3. Expressions referred to in this Joint Circular

In this Joint Circular, the expressions below are construed as follows:

1. Representative of an under-18 proceeding participant means a person aged at least full 18 years, having the full legal capacity and civil act capacity, and fully satisfying the conditions to act as a representative as prescribed in Articles 134, 135 and 136 of the Civil Code.

A representative of an under-18 proceeding participant shall be identified in the following order:

a/ Blood parent or adoptive parent;

b/ Guardian;

c/ Person appointed by the court.

2. Guardian of an under-18 proceeding participant means a natural guardian or a person appointed by the commune-level People’s Committee of the locality where such under-18 person resides or by the court under Articles 46, 47, 48, 52 and 54, Section 4, Chapter III of the Civil Code.

3. Force majeure reason means a circumstance or an event that occurs beyond the human control and is unforeseeable and irresistible despite all necessary measures have been employed within human’s capabilities.

4. External obstacle means an obstacle caused by the external conditions, rendering a person with rights and obligations unable to know that his/her lawful rights and interests are infringed upon or unable to exercise his/her rights and perform his/her obligations.