THE SUPREME PEOPLE'S PROCURACY OF VIETNAM - MINISTRY OF
PUBLIC SECURITY - MINISTRY OF NATIONAL DEFENSE - MINISTRY OF AGRICULTURE AND
RURAL DEVELOPMENT - MINISTRY OF FINANCE OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 01/2021/TTLT-VKSNDTC-BCA-BQP-BNN&PTNT-BTC
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Hanoi, November 29, 2021
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JOINT CIRCULAR
ELABORATION OF SUSPENSION OF CASES DUE TO FORCE MAJEURE
(NATURAL DISASTERS OR EPIDEMICS) ACCORDING TO POINT C CLAUSE 1 ARTICLE 148,
POINT D CLAUSE 1 ARTICLE 229 AND POINT D CLAUSE 1 ARTICLE 247 OF CRIMINAL
PROCEDURES CODE
Pursuant to the
Criminal Procedure Code dated November 27, 2015; the Law on amendments to some
articles of the Criminal Procedure Code dated November 12, 2021;
Pursuant to Law on
Promulgation of legislative documents dated June 22, 2015; the Law on
amendments to some articles of Law on Promulgation of legislative documents
dated June 18, 2020;
The Procurator General
of the Supreme People's Procuracy, the Minister of Public Security, the
Minister of National Defense, the Minister of Agriculture and Rural Development
and the Minister of Finance unanimously promulgate a Joint Circular on
elaboration of suspension of cases due to force majeure (natural disasters or
epidemics) according to Point c Clause 1 Article 148, Point d Clause 1 Article
229 and Point d Clause 1 Article 247 of Criminal Procedures Code.
Article 1. Scope and
regulated entities
1. This Joint Circular elaborates suspension of cases due to
force majeure (natural disasters or epidemics) according to Point c Clause 1
Article 148, Point d Clause 1 Article 229 and Point d Clause 1 Article 247 of
Criminal Procedures Code. To be specific:
a) Principles for
suspension of cases due to force majeure (natural disasters or epidemics)
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c) Suspension due to
force majeure (epidemics);
d) Cooperation in
management and settlement of cases subject to suspension due to force majeure
(natural disasters or epidemics).
2. This Circular applies to the following entities:
a) Investigation
authorities at all levels of the People's Public Security, investigation
authorities at all levels in the People's Army, investigation authorities of
the Supreme People's Procuracy and the investigation authorities of the Central
Military Procuracy;
b) Agencies assigned to
conduct a number of investigation activities in Clause 1, Article 35 of the
Criminal Procedure Code;
c) Supreme People's
Procuracy, Military Procuracy at all levels;
d) Persons who have power
to institute proceedings of the agencies specified at Points a, b and c of this
Clause;
dd) Relevant
organizations, individuals, authorities.
Article 2. Principles
for suspension of cases due to force majeure (natural disasters or epidemics)
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1. Comply with regulations of the Criminal Procedure Code and
relevant laws;
2. Apply in case there is substantiation as prescribed in
Articles 3 and 4 of this Joint Circular;
3. Ensure human rights, lawful rights and interests of
relevant agencies, organizations and individuals;
4. Ensure caution in case of decision on application to each
specific case; prohibit abuse;
5. Ensure control of crime; fail to affect the settlement of
cases in case of resumption.
Article 3. Suspension
due to force majeure (natural disasters)
1. The authorities and persons given authority to institute
proceedings shall only be subject to suspension of the processing of cases due
to force majeure (natural disasters) specified at Point c, Clause 1, Article
148, Point d, Clause 1, Article 229 or Point d, Clause 1, Article 247 of the
Criminal Procedure Code if the following substantiation are fully satisfied:
a) All necessary measures
as prescribed by law have been applied but it is impossible to conduct one or
several activities of criminal procedures in order to end the processing of
denunciations, criminal information disclosed and requisitions for charges;
investigation or decide prosecution due to one of cases specified in Clause 2
of this Article;
b) The time limit for
processing of denunciations, criminal information disclosed and requisitions
for charges, the time limit for investigation or the time limit for decision on
the prosecution has expired.
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a) Entities engaging in
proceedings or authorities and persons given authority to institute proceedings
are residing in the area where the state of emergency has been declared or
where there are emergency cases of natural disasters in accordance with the law
on state of emergency, prevention and control of natural disasters;
b) Location where the
activities of criminal procedures are conducted falls into the area where the
state of emergency has been declared or where there are emergency cases of
natural disasters in accordance with the law on state of emergency, prevention
and control of natural disasters
Article 4. Suspension
due to force majeure (epidemics)
1. The authorities and persons given authority to institute
proceedings shall only be subject to suspension of the processing of cases due
to force majeure (epidemics) specified at Point c, Clause 1, Article 148, Point
d, Clause 1, Article 229 or Point d, Clause 1, Article 247 of the Criminal
Procedure Code if the following substantiation are fully satisfied:
a) All necessary measures
as prescribed by law have been applied but it is impossible to conduct one or
several activities of criminal procedures in order to end the processing of
denunciations, criminal information disclosed and requisitions for charges;
investigation or decide prosecution due to one of cases specified in Clause 2
of this Article;
b) The time limit for
processing of denunciations, criminal information disclosed and requisitions
for charges, the time limit for investigation or the time limit for decision on
the prosecution has expired.
2. Force majeure (epidemics):
a) Entities engaging in
proceedings or authorities and persons given authority to institute proceedings
are residing or location where the activities of criminal procedures are
conducted falls into the area where the state of emergency has been declared in
accordance with the law on state of emergency, prevention and control of
infectious diseases;
b) Entities engaging in
proceedings are subject to medical isolation according to the decision of competent
agencies or persons due to being infected with a group A epidemic or another
case relevant to a group A epidemic as prescribed by the law on prevention and
control of infectious diseases.
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Article 5. Cooperation
in management and settlement of cases subject to suspension due to force
majeure (natural disasters or epidemics).
Cooperation in management
and settlement of cases subject to suspension; resumption of the processing of
denunciations, criminal information disclosed and requisitions for charges;
resumption and suspension of investigation of cases subject to suspension in
the stage of investigation; resumption and suspension of investigation of cases
subject to suspension in the stage of prosecution, application or cancellation
of preventive or coercive measures; management and handling of evidences,
documents, objects and assets that are temporarily seized in cases subject to
suspension; making and management of documents on cases subject to suspension;
implementation of information, statistics and reporting regime for cases
subject to suspension due to force majeure (natural disasters or epidemics)
shall comply with regulations of Criminal Procedure Code and the Joint Circular
No. 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNNPTNT-BTC-BTP dated June 1, 2020 of
the Procurator General of the Supreme People's Court, the Chief Judge of the
Supreme People's Court, the Minister of Public Security, the Minister of
National Defense, the Minister of Agriculture and Rural Development, the
Minister of Finance, the Minister of Justice on cooperation in implementation
of some articles of the Criminal Procedure Code on the management and
settlement of cases subject to suspension.
Article 6.
Implementation provision
1. This Joint Circular comes into force as of December 01,
2021.
2. The Supreme People's Procuracy, the Ministry of Public
Security, the Ministry of National Defense, the Ministry of Agriculture and
Rural Development and the Ministry of Finance, within the scope of their
functions, tasks and powers, shall be responsible for implementation of this
Circular.
Any difficulty or problem
that arises during the implementation of this Circular should be reported to
the Supreme People's Procuracy, the Ministry of Public Security, the Ministry
of National Defense, the Ministry of Agriculture and Rural Development and the
Ministry of Finance for consideration, implementation and amendments.
PP. MINISTER OF NATIONAL DEFENSE
DEPUTY MINISTER
Lieutenant General
Le Huy Vinh
PP. MINISTER OF PUBLIC SECURITY
DEPUTY MINISTER
Major General. Nguyen Duy Ngoc
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PP. PROCURATOR GENERAL OF
THE PEOPLE’S SUPREME PROCURACY
DEPUTY DIRECTOR
Nguyen Huy Tien
PP. MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
DEPUTY MINISTER
Nguyen Hoang Hiep
PP. MINISTER OF FINANCE
DEPUTY MINISTER
Vu Thi Mai