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 participantmeans 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 participantmeans 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 reasonmeans 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 obstaclemeans 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.

Article 4.Coordination responsibility of bodies and persons competent to conduct the proceedings and other related bodies, organizations and individuals

1. In the course of initiation, investigation, prosecution and trial of criminal cases involving criminally charged persons, victims or witnesses who are under 18 years of age, bodies and persons competent to conduct the proceedings and other related bodies, organizations and individuals shall closely coordinate with one another in strictly implementing the provisions of Chapter XXVIII and other provisions of the Criminal Procedure Code regarding the procedure friendly to under-18 proceeding participants, guaranteeing their lawful rights and interests.

2. Bodies and persons competent to conduct the proceedings shall create conditions for, and provide necessary information about the proceedings and exercise of rights and performance of obligations to, under-18 proceeding participants and their representatives, defense counsels, defenders of their lawful rights and obligations, and representatives of bodies, organizations and individuals participating in the proceedings for best protecting interests of under-18 persons.

3. Representatives, defense counsels, and defenders of lawful rights and interests of under-18 proceeding participants; representatives of schools, Ho Chi Minh Communist Youth Unions and other related bodies, organizations and individuals shall be present and fully participate in the proceedings under decisions or upon requests of bodies or persons competent to conduct the proceedings.

Article 5.Appointment of persons competent to conduct the proceedings

1. When being appointed to conduct the proceedings in a case involving an under-18 proceeding participant, an investigator, investigation officer, procurator or judge must satisfy at least one of the following conditions:

a/ Having experience in the initiation, investigation, prosecution or trial of criminal cases involving under-18 persons;

b/ Having been trained or retrained in skills of settling criminal cases involving under-18 proceeding participants;

c/ Having been trained or retrained in psychology and education science for under-18 persons.

2. One of assessors participating in the first-instance trial panel for a criminal case involving under-18 proceeding participants must be a teacher, a cadre of the Ho Chi Minh Communist Youth Union or a person experienced in or knowledgeable about psychology of under-18 persons.

Persons experienced in or knowledgeable about psychology of under-18 persons mean those having working experience in the field of justice, management, training, protection, or care and education of under-18 persons, or trained in juvenile and child education or otherwise experienced or knowledgeable about psychology of under-18 persons.

Article 6.Coordination in the identification of the age of criminally charged under-18 persons and victims

1. The identification of the age of a criminally charged under-18 person or victim must be based on one of the following documents:

a/ Temporary birth certificate;

b/ Official birth certificate;

c/ People’s identity card;

d/ Citizen identity card;

dd/ Household registration book;

e/ Passport.

2. In case the documents specified in Clause 1 of this Article are inconsistent, unclear or unavailable, a body or person competent to conduct the proceedings shall coordinate with the family, representative, relative, school, the Ho Chi Minh Communist Youth Union or another related organization or individual at the place where an under-18 person studies, works or lives in giving questions to him/her and taking his/her statements to clarify inconsistent information or seeking other documents that can be used to prove his/her age.

In case lawful measures have been applied but only the month, quarter or half of the year of his/her birth can be identified, his/her age shall be identified under Clause 2, Article 417 of the Criminal Procedure Code on a case-by-case basis.

3. In case results of an expert assessment can help identify only an age range of a criminally charged person or victim, a body or person competent to conduct the proceedings shall take the minimum age of the identified range as his/her exact age.

For example: If an expert assessment concludes that person A is aged between 13 years and 6 months and 14 years and 2 months, his/her age shall be identified to be 13 years and 6 months.

Article 7.Notification of the proceedings

1. Before taking statements of, or interrogating, an under-18 proceeding participant, a body or person competent to conduct the proceedings shall notify in advance within a reasonable time his/her representative, defense counsel or defender of his/her lawful rights and interests of the time and place of taking statements or interrogation so that such person can participate in the proceedings in accordance with law.

The notification to the family of an under-18 person held in case of emergency shall be carried out under Article 116 of the Criminal Procedure Code; the notification to the representative of an under-18 person in case he/she is arrested, held in custody or detained shall be carried out under Clause 5, Article 419 of the Criminal Procedure Code.

The notification of other proceedings shall be carried out in accordance with the Criminal Procedure Code.

2. The notification must be in writing, clearly stating the full names, addresses and contact telephone numbers of the notification issuer and recipient. In case it is necessary to ensure the timely presence of the representative, defense counsel or defender of lawful rights and interests of an under-18 proceeding participant, a body or person competent to conduct the proceedings may notify such directly or via telephone or another electronic device but shall send a written notice immediately afterward.

3. Upon receiving a written notice, the representative, defense counsel or defender of lawful rights and interests of an under-18 proceeding participant shall promptly notify his/her presence and proceeding participation to the body or person competent to conduct the proceedings.

Article 8.Coordination in the appointment of persons to participate in the proceedings

1. When conducting the proceedings with regard to an under-18 proceeding participant, a body or person competent to conduct the proceedings shall request or propose the following bodies or organizations to appoint a guardian, representative, legal aid provider, defense counsel or people’s advocate to participate in the proceedings:

a/ To request the commune-level People’s Committee of the locality where the under-18 proceeding participant resides to appoint a guardian if he/she has no natural guardian;

b/ To request the Labor, Invalids and Social Affairs office, Ho Chi Minh Communist Youth Union, Vietnam Women’s Union, Association of Child Rights Protection or related body or organization at the place of arrest or where the offense is committed or which has the investigation competence to appoint a representative for the under-18 proceeding participant in case he/she has no clear place of residence, his/her backgrounds are unidentifiable or his/her representative is intentionally absent or refuses to participate in the proceedings;

c/ To request a state legal aid center to appoint a legal aid provider for the criminally charged under-18 person or victim if he/she is entitled to legal aid under Article 7 of the 2017 Law on Legal Aid and Joint Circular No. 10/2018/TTLT-BTP-BCA-BQP-BTC-TANDTC-VKSNDTC of June 29, 2018, on coordination in the provision of legal aid in the proceedings;

d/ To request or propose a bar association to assign a law-practicing organization to appoint a defense counsel; or assign the Central Committee of the Vietnam Fatherland Front or one of its member organizations to appoint a people’s advocate for the criminally charged under-18 person under Article 76 of the Criminal Procedure Code.

2. Requests or proposals shall be made in writing under Clause 2, Article 7 of this Joint Circular.

3. A body or an organization receiving a request or proposal shall appoint a person to participate in the proceedings and promptly notify the body or person competent to conduct the proceedings that has made the request or proposal of the full name, information and address of the appointed person under Clause 3, Article 7 of this Joint Circular.

Article 9.Assurance of participation in the proceedings by representatives, schools, Ho Chi Minh Communist Youth Unions and other bodies and organizations

1. After receiving a notice requesting his/her presence and participation in the proceedings to defend lawful rights and interests of an under-18 person from a body or person competent to conduct the proceedings that has accepted and is settling a criminal case or matter involving such person, his/her representative or teacher or representative of the school, Ho Chi Minh Communist Youth Union or another body or organization where such person studies, works or lives shall notify in writing the body or person competent to conduct the proceedings of the full name, information and contact address of the person appointed to participate in the proceedings. In case of necessity, it may notify such in person, via telephone or another electronic device but shall send a written notice immediately afterward.

2. A representative or teacher of an under-18 person, or a representative of the school, Ho Chi Minh Communist Youth Union or another body or organization where such person studies, works or lives shall be present on time and at the place indicated in the notice. In case he/she is absent for a plausible reason or due to an external obstacle, the body or person competent to conduct the proceedings may postpone the proceedings or request him/her to appoint another person to participate in the proceedings to defend lawful rights and interests of the under-18 person.

Article 10.Assurance of participation in the proceedings by defense counsels and defenders of lawful rights and interests

1. A body or person competent to conduct the proceedings shall notify a criminally charged under-18 person or victim and his/her representative or relative of the invitation of a defense counsel or defender of lawful rights and interests to defend his/her lawful rights and interests when he/she participates in the proceedings. In case of no invitation, the body or person competent to conduct the proceedings shall:

a/ Appoint a defense counsel, in one of the cases specified in Article 76 of the Criminal Procedure Code;

b/ Request a state legal aid center to appoint a legal aid provider under Point c, Clause 1, Article 8 of this Joint Circular; or request the body or organization of which the victim is a member to appoint a person to defend lawful rights and interests of the under-18 person.

2. A defense counsel of a criminally charged under-18 person shall participate in all stages of the proceedings of the criminal case, except where:

a/ The criminally charged person or his/her representative or relative refuses to accept or requests replacement of the defense counsel;

b/ The body competent to conduct the proceedings cancels the defense registration under Clause 7, Article 78 of the Criminal Procedure Code;

c/ The defense counsel is unable to make defense due to aforce majeureevent or an external obstacle.

3. In case an appointed defense counsel is replaced but a criminally charged person or his/her representative or relative still refuses to accept the new defense counsel under Point a, Clause 2 of this Article, the body or person competent to conduct the proceedings shall make a written record of the refusal and include it in the case file and terminate the appointment of the defense counsel.

In case of cancellation of the defense registration under Point b, Clause 2 of this Article, the body or person competent to conduct the proceedings shall request or propose a bar association to assign a law-practicing organization to appoint a defense counsel or a state legal aid center to appoint a legal aid provider or the Central Committee of the Vietnam Fatherland Front or one of its member organizations to appoint a people’s advocate for the criminally charged person.

In case a defense counsel is unable to participate in the proceedings under Point c, Clause 2 of this Article, the body or person competent to conduct the proceedings shall, on a case-by-case basis, comply with Articles 251, 291, 421 and other relevant provisions of the Criminal Procedure Code or request or propose a related organization to appoint another defense counsel, legal aid provider or people’s advocate for the criminally charged person.

4. In addition to the participation by representatives and defenders of lawful rights and interests, bodies and persons competent to conduct the proceedings may request Labor, Invalids and Social Affairs offices, Women’s Unions, Ho Chi Minh Communist Youth Unions, Associations of Child Rights Protection, legal aid centers, or other bodies and organizations of localities where the proceedings are conducted to appoint proceedings participants to assist and protect criminally charged under-18 persons and victims who have no families or stable places of residence or under-18 victims who are sexually assaulted, physically abused or trafficked at the request of criminally charged under-18 persons and victims or their representatives or defenders of their lawful rights and interests or when such bodies and persons competent to conduct the proceedings deem it necessary.

Article 11.Coordination in the supervision of criminally charged under-18 persons

1. A body competent to conduct the proceedings may issue a decision to consign a criminally charged under-18 person who is not arrested, held in custody or detained to his/her representative for supervision under Article 418 of the Criminal Procedure Code.

Such a decision shall be immediately sent to the representative assigned to supervise the criminally charged under-18 person.

2. A representative assigned to supervise a criminally charged under-18 person shall closely coordinate with a body competent to conduct the proceedings and other related bodies and organizations in supervising such person. If detecting that such person shows a sign of absconding or commits an act specified in Clause 2, Article 418 of the Criminal Procedure Code, he/she shall promptly prevent it and notify such via telephone or another medium as soon as possible to the body competent to conduct the proceedings for coordinated handling.

In case the assigned representative breaches the supervision obligation, letting the criminally charged under-18 person abscond or commit another act as specified in Clause 2, Article 418 of the Criminal Procedure Code, he/she may, depending on the nature and severity of his/her breach, be replaced or handled in accordance with law.

Article 12.Application of deterrent and accompanied escort measures

1. Before applying the measure of holding in case of emergency, arrest, holding in custody or detention against an under-18 person, a body or person competent to conduct the proceedings shall consider applying the measure of supervision or ban on travel out of the place of residence or postponement of exit prescribed in Article 123 or 124 of the Criminal Procedure Code.

After the holding in custody or detention of an under-18 accused or defendant is decided, if there are sufficient grounds for application of the measure of bail or depositing of money as security, a body competent to conduct the proceedings shall replace the measure of detention with the measure of bail or depositing of money as security.

2. The measure of holding in custody or detention under Clause 1, Article 419 of the Criminal Procedure Code may only be applied in case a criminally charged under-18 person, against whom the measure of supervision or another deterrent measure has been applied under Clause 1 of this Article, has absconded and later been arrested under a pursuit warrant, shows a sign of abscondence, relapse into an offense or commission of another act as specified in Clause 2, Article 418 of the Criminal Procedure Code.

3. A body or person competent to conduct the proceedings shall constantly monitor, review and inspect the holding in custody or detention of under-18 persons. If finding that grounds for the holding in custody or detention no longer exist or the holding in custody or detention is no longer necessary, it/he/she shall promptly issue a decision to cancel or replace such deterrent measure with another one.

4. A body or person competent to conduct the proceedings may apply the measure of accompanied escort against an under-18 person in the following cases:

a/ He/she, as the accused or a defendant, has been summoned twice but is intentionally absent from the hearing not due to aforce majeureevent or an external obstacle;

b/ He/she, as a person held in case of emergency, the accused or a defendant currently in detention, must be escorted from the custody or detention facility to the place of investigation, prosecution or trial of the criminal case.

Article 13.Coordination in quick and timely settlement of cases and matters involving under-18 victims who are sexually assaulted, physically abused or trafficked

For cases and matters involving under-18 victims who are sexually assaulted, physically abused or trafficked, bodies and persons competent to conduct the proceedings shall closely coordinate with one another and with other related bodies, organizations and individuals right after receiving reports on offenses; and expeditiously examining, verifying and collecting evidences, initiating and investigating criminal cases, prosecuting and trying offenders, ensuring the quick and timely settlement of cases and matters.

Article 14.Taking of statements and interrogation of under-18 proceeding participants

1. The taking of statements of an under-18 person held in case of emergency or in custody, arrestee, victim or witness may be carried out at the place where he/she studies, works or lives or the place of investigation. The interrogation of an under-18 accused may be carried out at his/her place of residence or the place of investigation. In case the taking of statements or interrogation is carried out at the place of investigation, prosecution or trial, a room shall be arranged for taking of statements or interrogation which is friendly and suitable to psychology of under-18 persons.

In case of taking of statements of an under-18 victim who is sexually assaulted, physically abused or trafficked, the place of taking of statements must be first of all his/her place of residence. If he/she has no place of residence, the taking of his/her statements shall be carried out at a child care establishment in accordance with law.

2. The taking of statements and interrogation of an under-18 person must follow the prescribed order and procedures, be carried out within the prescribed time limit and be attended by the representative, defense counsel or defender of lawful rights and interests of such person under Articles 183 and 421 and other relevant provisions of the Criminal Procedure Code and Joint Circular No. 03/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP of January 1, 2018, guiding the order and procedures for audio or audiovisual recording; and use, preservation and archive of audio or audiovisual records during the investigation, prosecution or trial.

For a case involving an under-18 victim who is sexually assaulted, physically abused or trafficked, the taking of his/her statements shall be carried out right after receiving a report on an offense.

3. When taking statements of or interrogating an under-18 person, a person competent to conduct the proceedings must show an amicable and pleasant manner, use an easy-to-comprehend language suitable to his/her age, gender and cognitive ability; and consider applying appropriate measures to minimize the duration and number of times of taking of statements or interrogation, and shall immediately stop the taking of statements or interrogation when he/she shows a sign of tiredness which can affect the accuracy and adequacy of his/her statements.

4. The representative and defense counsel of an under-18 person held in case of emergency or in custody, arrestee or accused may participate in giving questions to him/her. A requesting investigator or procurator may not give questions and shall immediately stop the giving of questions in case questions of the representative or defense counsel are of suggestive, directive, affirmative or negative nature related to the criminal case. In case the representative or defense counsel is detected as having shown a sign of mutual deposition or priming the under-18 person about his/her statements, the investigator or procurator shall request him/her to immediately stop the giving of questions and make a written record and report such to a competent person for handling in accordance with law.

Article 15.Coordination in the application of supervision and educational measures against under-18 offenders who are exempted from penal liability

1. When deeming that an under-18 offender fully satisfies the conditions for exemption from penal liability and application of the measure of reprimand, community-based conciliation or education in commune, ward or township in accordance with the Criminal Procedure Code, a proceeding-conducting body or person shall notify such offender or his/her representative and victim and his/her representative of the possibility of exemption from penal liability and application of supervision and educational measures.

2. A proceeding-conducting body or person may only decide on exemption from penal liability and application of the measure of reprimand or education in commune, ward or township if an under-18 offender or his/her representative requests in writing the application of such measure.

A proceeding-conducting body or person may only decide on exemption from penal liability and application of the measure of community-based conciliation if an under-18 offender or his/her representative requests in writing the application of such measure; or a victim or his/her representative is willing to conciliate with the offender and requests in writing the exemption from penal liability. Successful conciliation results may serve as a basis for the body or person competent to conduct the proceedings to decide on exemption from penal liability.

3. The delivery of supervision and education decisions shall be carried out under Clause 3, Article 427; Clause 3, Article 428; and Clause 3, Article 429, of the Criminal Procedure Code. Supervision and education decisions of investigation bodies shall be sent to same-level procuracies.

4. The commune-level People’s Committee of the locality where an under-18 offender, who is exempted from penal liability and against whom the measure of community-based conciliation or education in commune, ward or township is applied, resides shall assume the prime responsibility for, and coordinate with a proceeding-conducting body or person, his/her family and school and other related bodies, organizations and individuals in, executing the decision on application of supervision and educational measures against the offender.

The organization of application of supervision and educational measures must comply with Decree No. 37/2018/ND-CP of March 10, 2018, detailing the application of supervision and educational measures against under-18 offenders who are exempted from penal liability.

Article 16.Coordination in the application of the measure of community-based conciliation

1. Right after receiving a written request for exemption from penal liability and application of the measure of community-based conciliation from an under-18 offender or his/her representative, and a written request for conciliation and exemption from penal liability from a victim or his/her representative, a proceeding-conducting body or person shall issue a decision on application of the measure of community-based conciliation.

2. At least 3 days before conducting a conciliation, a proceeding-conducting body that has accepted and is settling the criminal case shall notify in writing the application of the measure of community-based conciliation against an under-18 offender and request the commune-level People’s Committee of the locality where such offender resides to assume the prime responsibility for, and coordinate with it in, arranging a schedule and place for conciliation, inviting conciliation participants, and make other preparations for the conciliation in the locality.

3. A commune-level People’s Committee shall organize the performance of the tasks specified in Clause 2 of this Article and notify a proceeding-conducting body at least 1 day before conducting the conciliation; and promptly notify any difficulty or problem which it encounters in organizing the conciliation to the proceeding-conducting body or person for unified solution.

4. An investigator, procurator or judge assigned to conduct conciliation shall make and deliver a written record of conciliation under Clauses 4, 5 and 6, Article 428 of the Criminal Procedure Code.

Upon the completion of a successful conciliation, if an under-18 offender, his/her parent or representative gives an apology to the victim and pays a compensation for damage (if any), and the victim or his/her representative is willing to conciliate with the offender and requests exemption from penal liability (if any), a proceeding-conducting body or person shall decide on exemption from penal liability and application of the measure of community-based conciliation. The under-18 offender shall submit to the supervision and education by the commune-level People’s Committee under Clause 4, Article 15 of this Joint Circular. In case of an unsuccessful conciliation, the proceeding-conducting body shall continue carrying out the investigation, prosecution and trial of the criminal case according to the general procedure.

Article 17.Settlement of complaints and denunciations related to lawful rights and interests of under-18 proceeding participants

Upon receiving a complaint or denunciation about an unlawful procedural act or decision of a body or person competent to conduct the proceedings infringing upon lawful rights and interests of an under-18 proceeding participant which falls within its/his/her competence, a body or person competent to conduct the proceedings shall classify it and coordinate with related bodies, organizations and individuals in promptly settling it, and then send a document on the settlement to the complainant or denouncer according to the order and procedures prescribed in Chapter XXXIII of the Criminal Procedure Code and Joint Circular No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT of September 5, 2018, prescribing the coordination in the implementation of a number of provisions of the Criminal Procedure Code regarding complaints and denunciations.

In case of a complaint or denunciation about a warrant or decision on arrest or holding of a person in case of emergency or holding in custody or detention during the investigation, prosecution or trial, a procuracy or court shall promptly settle the complaint or denunciation within 24 hours after receiving it. If more time is needed to verify information, the above time limit may be prolonged but must not exceed 3 days after the receipt of the complaint or denunciation.

Article 18.Effect

This Joint Circular takes effect on February 5, 2019, and replaces Joint Circular No. 01/2011/TTLT-VKSTC-TANDTC-BCA-BTP-BLDTBXH of July 12, 2011, of the Supreme People’s Procuracy, Supreme People’s Court, Ministry of Public Security, Ministry of Justice and Ministry of Labor, Invalids and Social Affairs, guiding the implementation of a number of provisions of the Criminal Procedure Code applicable to proceeding participants who are juveniles.

Article 19.Organization of implementation

1. Within their competence, the Supreme People’s Procuracy, Supreme People’s Court, Ministry of Public Security, Ministry of Justice and Ministry of Labor, Invalids and Social Affairs shall organize and urge the implementation of this Joint Circular; assume the prime responsibility for, and coordinate with one another in, formulating programs and plans on personnel training and improvement of capacity of judicial title holders in skills of investigation, prosecution and trial of criminal cases involving under-18 persons; the Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related bodies in, formulating programs and plans on improvement of social work capacity for organizations and individuals related to the defense of lawful rights and interests of under-18 persons.

2. The Supreme People’s Procuracy, Supreme People’s Court, Ministry of Public Security, Ministry of Justice and Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related bodies and organizations in, compiling documents for study, teaching, guidance, dissemination and communication of the law on defense of rights and interests of under-18 proceeding participants.

3. Within the ambit of functions and tasks of their sectors, 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 shall issue special processes in the investigation, prosecution, trial, and protection and assistance of under-18 victims who are sexually assaulted, physically abused or trafficked.

4. Any difficulty or problem arising in the course of implementation of this Joint Circular should be promptly reported to the Supreme People’s Procuracy, Supreme People’s Court, Ministry of Public Security, Ministry of Justice and Ministry of Labor, Invalids and Social Affairs for consideration, guidance or appropriate amendment and supplementation.-