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MINISTRY
OF PUBLIC SECURITY - SUPREME PEOPLE'S PROCURACY - SUPREME PEOPLE'S COURT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
03/2023/TTLT-BCA-VKSNDTC-TANDTC
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Hanoi,
May 12, 2023
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JOINT CIRCULAR
ON COORDINATION
IN NOTIFYING, SENDING, OR PROVIDING INFORMATION AND DOCUMENTS RELATED TO OFFENDERS
Pursuant to the Criminal
Procedure Code dated November 27, 2015; Law on amendments to the Criminal
Procedure Code dated November 12, 2021;
Pursuant to the Law on Archives
dated November 11, 2011;
Pursuant to the Law on
Promulgation of Legal Documents dated June 22, 2015; Law on amendments to the
Law on Promulgation of Legal Documents dated June 18, 2020;
The Minister of Public Security,
the Chief Procurator of the Supreme People's Procuracy and the Chief Justice of
the Supreme People's Court jointly promulgate a Joint Circular on coordination
in notifying, sending and providing information and documents related to
offenders.
Chapter I
GENERAL PROVISIONS
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This Joint Circular provides for
coordination in notifying, sending or providing information and documents on
personal identity, background, identification characteristics, results of
bringing a charge, investigation, prosecution, adjudication, enforcement of
criminal judgments and other information and documents related to offenders;
responsibilities of relevant agencies, organizations and individuals;
procedures and time limit for notifying, sending, or providing information and
documents related to offenders.
Article 2. Regulated entities
This Joint Circular applies to the
investigating agencies of the People's Public Security; prisons and detention
camps affiliated to Ministry of Public Security; criminal enforcement agencies
of provincial police departments; the investigation agency of the Supreme
People's Procuracy; the People's Procuracy and the People's Courts at all
levels; Police record agency of the People's Public Security and other
agencies, organizations and individuals involved in notifying, sending, or
providing information and documents related to offenders.
Article 3. Performance principles
1. Information and documents
related to offenders must be fully, promptly and accurately notified or sent to
the Police record agency of the People's Public Security for management,
utilization and use.
2. Ensure compliance with the
regulations of the law on protection of state secrets and the law on archives.
3. The information and documents
provided by the Police Record Agency of the People's Public Security must be
managed and used for charging offenders, investigation, prosecution, trial,
enforcement of criminal judgments, and other purposes as prescribed by law and
this Joint Circular.
Chapter II
SPECIFIC PROVISIONS
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1. The decision on charges against the
suspect, the decision on supplementation to the decision on charges against the
suspect, the decision on revision to the decision on charges against the suspect.
2. The decision on terminating investigation
into the criminal case against the suspect; the decision on terminating investigation
against the suspect.
3. The wanted notice; the decision
on suspension of wanted notice.
Article 5. Information and
documents of prisons and detention camps affiliated to Ministry of Public
Security; the criminal enforcement agency of the provincial police department
being notified or sent to the Police record agency of the People's Public
Security
1. The wanted notice.
2. The decision on suspension of wanted
notice.
Article 6. Information and
documents of the Supreme People's Procuracy being notified or sent to the
Police record agency of the People’s Public Security
1. The decision on charges against the
suspect, the decision on supplementation to the decision on charges against the
suspect, the decision to revision to the decision on charges against the suspect
issued by the People’s Procuracy.
2. The decision on terminating the
case against the suspect issued by the People’s Procuracy.
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Article 7. Information and
documents of the People's Court being notified or sent to the Police record
agency of the People’s Public Security
1. The legally effective
first-instance criminal judgment.
2. The appellate criminal judgment.
3. The decision on terminating the
case against the suspect or defendant issued by the Court.
4. The decision on terminating the appellate
trial.
5. The decision on cassation review,
the decision on reopening procedure.
6. The decision on combination of penalties.
7. The decision on terminating the judgment
enforcement.
8. The decision on consideration of
the State President's application for commutation of the death penalty.
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Article 8. Information and
documents of the Police record agency of the People's Public Security being
provided for presiding agencies; prisons and detention camps affiliated to
Ministry of Public Security; the criminal enforcement agency of the provincial
police department
1. The personal identification
statement, fingerprint sheet, photo of the offender.
2. The copy of criminal records.
3. Notification of results of identity
and background verification.
4. The information and documents that
have been provided by presiding agencies; prisons and detention camps
affiliated to Ministry of Public Security; the criminal enforcement agency of
the provincial police department to the Police record agency of the People's
Public Security as specified in Articles 4, 5, 6 and 7 of this Joint Circular.
Chapter III
RESPONSIBILITIES, PROCEDURES, TIME LIMIT FOR
NOTIFYING, SENDING, OR PROVIDING INFORMATION AND DOCUMENTS
Article 9. Responsibilities of presiding
agencies; prisons and detention camps affiliated to Ministry of Public
Security; the criminal enforcement agency of the provincial police department to
notify or send information and documents
Presiding agencies; prisons and
detention camps affiliated to Ministry of Public Security; the criminal
enforcement agency of the provincial police department shall, within their authority,
notify or send the information and documents as specified in Articles 4, 5, 6
and 7 of this Joint Circular to the Police record agency of the People's Public
Security as follows:
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2. Provincial investigating agency,
provincial People's Procuracy, and provincial People's Courts, the criminal
enforcement agency of provincial police department shall notify or send
information and documents to the Police record agency of the provincial police
department;
3. District-level investigating
agency, district-level People’s Procuracy, district-level People’s Court shall
notify or send information and documents to the district-level police office.
Article 10. Time limit for
notifying or sending information and documents
1. If a piece of information or a
document specified in Article 4, 5, 6 and 7 of this Joint Circular requires a
time limit for notifying, sending, or providing, the presiding agency; prison
and detention camp affiliated to Ministry of Public Security; criminal
enforcement agency of the provincial police department shall, within their
authority, notify or send the information and documents within such a time
limit as regulated to the Police record agency of the People’s Public Security
as specified in Article 9 of this Joint Circular.
2. If a piece of information or a
document specified in Article 4, 5, 6 and 7 of this Joint Circular requires no
time limit for notifying, sending, or providing, the presiding agency; prison
and detention camp affiliated to Ministry of Public Security; criminal
enforcement agency of the provincial police department shall, within their
authority, notify or send the information and documents within 5 working days,
from the date of issue or the date of receipt, to the Police record agency of
the People’s Public Security as specified in Article 9 of this Joint Circular.
3. As for a case that the Border
Guard, Coast Guard, Customs Agency, Forest Protection Agency or Fishery
Protection Agency brought a charge against the suspect, initiated and ended the
investigation, and then transfered the case files to the competent People's
Procuracy for prosecution in accordance with Point a, Clause 1, Article 164 of
the Criminal Procedure Code 2015 (amended in 2021), the People's Procuracy shall
notify or send information and documents to the Police record agency of the
same level within 5 working days from the date of receipt.
Article 11. Methods of notifying
or sending documents, and connecting and sharing information
1. The relevant units of the
People’s Public Security, People’s Procuracy, and People’s Court shall notify,
send, or provide information and documents in paper form or use the document
management software system integrated with the National E-Document Exchange
Platform to notify, send, or provide information and electronic documents
related to offenders.
2. Digitized information and
documents are exchanged through the National E-Document Exchange Platform.
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Article 12. Procedures for
requesting the provision of information and documents
A request for provision of
information and/or documents filed by the presiding agency; prison, detention
camp affiliated to Ministry of Public Security; the criminal enforcement agency
of the provincial police department with the Police record agency of the
People's Public Security, using form No. 206 (issued together with the Circular
No. 119/2021/ TT-BCA dated December 8, 2021 of the Minister of Public Security
on forms, documents and records on criminal investigation) must clearly state
the number, date of issue, description, original or copy, purpose of use, full
name, position, signature of the competent person and seal of the requesting
agency.
Article 13. Time limit for
providing information and documents
1. As for a request for providing
information and documents, the Police record agency of the People's Police
shall reply within the time limit as follows:
a) If the request is made by a
central authority, it shall be replied within 7 working days if it requires no verification
or within 15 working days if it requires verification;
b) If the request is made by a provincial
authority, it shall be replied within 7 working days if it requires no
verification or within 15 working days if it requires verification;
c) If the request is made by a district
authority, it shall be replied within 7 working days if it requires no
verification or within 10 working days if it requires verification.
2. As for a request for reading and
studying information and/or documents on the spot, the Police record agency of
the People’s Public Security shall provide them immediately.
3. If such a request is unable to
be responded, the Police record agency of the People's Police must explain it
in writing.
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1. The information and documents
being legally notified, sent, or provided and comply with the regulations of
law on document form (original, copy, electronic version).
2. The Head of the Police record
agency of the People's Public Security shall approve, sign and affix the
agency's seal; approve, bear the digital signature of the competent person or
the agency or unit as prescribed by law on the reply and a copy of the document
(if any), and then provide it to the requesting agency or unit to ensure legal
validity.
Chapter IV
IMPLEMENTATION
Article 15. Focal points
1. At the central level, the
following agencies are the focal points to direct, advise, inspect and urge the
implementation of this Joint Circular:
a) The Police Record Department
affiliated to the Ministry of Public Security;
b) The Office of the Supreme
People's Procuracy affiliated to the Supreme People’s Procuracy;
c) The Office of the Supreme People's
Court affiliated to the Supreme People’s Court.
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a) Police Record Division affiliated
to the Provincial Police Department;
b) The Office of the People's
Procuracy affiliated to the People’s Procuracy;
c) The Office of the People's Court
affiliated to the People’s Court.
3. At the district level, the Public
Security, People's Procuracy and People's Court shall assign officers to act as
focal points to advise and urge the implementation of this Joint Circular.
Article 16. Information and
reporting regime
1. The Ministry of Public Security
(Police Record Department ) shall send annual reports on results of the implementation
of this Joint Circular to the Supreme People's Procuracy (Office), the Supreme
People's Court (Office) and police agencies of local governments.
2. Provincial Police Department
(Police Record Division) shall send biannual and annual reports on results of
the implementation of this Joint Circular to the People's Procuracy of the
province (Office), the People's Court of the province (Office) and report to
the Ministry of Public Security (via Police Record Department).
3. District Police Office shall
send biannual and annual reports on results of the implementation of this Joint
Circular to the People's Procuracy of the district, the People's Court of the district
and report to the provincial Police Department (via Police Record Division).
4. The reporting timeline is as
follows:
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b) Annual report commences from
December 1 of the previous year to November 31 of the reporting year.
5. The time limit for submitting
the report is 15 working days from the end of the reporting period.
Article 17. Preliminary review
and funding
1. Every five years, the Ministry
of Public Security shall coordinate with the Supreme People's Procuracy and the
Supreme People's Court to hold preliminary meetings and draw lessons from the
implementation of this Joint Circular.
2. Every year, the provincial Police
Department shall coordinate with the People's Procuracy and the People's Court
to hold preliminary meetings and draw lessons from the implementation of this
Joint Circular.
3. Funding: The funding shall be set
aside from the State budget to carry out activities of the Public Security, the
Procuracy and the Court.
Chapter V
IMPLEMENTATION PROVISION
Article 18. Entry in force
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Article 19. Responsibilities for
implementation
1. The relevant agencies and units
of the Ministry of Public Security, the Supreme People's Procuracy and the
Supreme People's Court shall implement this Joint Circular.
2. Difficulties that arise during
the implementation of this Circular should be reported to the Ministry of
Public Security, the Supreme People's Procuracy and the Supreme People's Court
for guidance or further amendments./.
PP.
CHIEF JUSTICE OF THE SUPREME PEOPLE’S COURT
DEPUTY STANDING JUDGE
Nguyen Tri Tue
PP.
CHIEF PROCURATOR OF THE SUPREME PEOPLE’S PROCURACY
DEPUTY CHIEF PROCURATOR
Nguyen Hai Tram
PP.
MINISTER OF PUBLIC SECURITY
DEPUTY MINISTER
Lieutenant-General
Le Quoc Hung