Joint Circular 03/2023/TTLT-BCA-VKSNDTC-TANDTC dated May 12, 2023 on coordination in notifying, sending, or providing information and documents related to offenders

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 COURTDEPUTY STANDING JUDGENguyen Tri Tue

PP. CHIEF PROCURATOR OF THE SUPREME PEOPLE’S PROCURACYDEPUTY CHIEF PROCURATORNguyen Hai Tram

PP. MINISTER OF PUBLIC SECURITYDEPUTY MINISTERLieutenant-GeneralLe Quoc Hung