Joint Circular No. 01/2005/TTLT-VKSTC-TATC-BCA-BQP guiding the implementation of certain provisions of the law on criminal statistics and crime statistics.

JOINT CIRCULAR

Guidelines for Implementing Certain Provisions

of Laws in Criminal Statistics Work and Crime Statistics

________________________

To implement correctly and uniformly the provisions of laws in criminal statistics work and crime statistics (hereinafter referred to as "criminal statistics" and "crime statistics," respectively), the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, and the Ministry of National Defense have jointly issued the following guidelines:

I. GENERAL PROVISIONS

1. Purpose of Implementing Criminal Statistics and Crime Statistics

a) Accurately and objectively assess the situation of criminal law violations and crimes, the results of activities of prosecution agencies in crime prevention and suppression; provide full, accurate, and timely information to serve crime prevention and suppression activities and related management and operational activities;

b) Ensure the consistency of statistical data on criminal statistics and crime statistics among prosecution agencies at specific times and periods;

c) Gradually build a database on criminal law violations, crimes, and the results of criminal case resolution to serve research, identify causes and conditions of criminal law violations and crimes, assist in making comprehensive assessments about the crime situation; advise the Party and State on formulating policies and measures to combat crime and contribute to improving the policies and laws of the Socialist Republic of Vietnam.

2. Scope of regulation

In this document, criminal statistics and crime statistics refer to the activities of investigating, reporting, compiling, analyzing, and publishing information on the situation of criminal law violations, crimes, and the results of activities of prosecution agencies during the stages of initiation, investigation, prosecution, trial, and enforcement of criminal penalties.

3. Basic Principles in Criminal Statistics and Crime Statistics Work

The activities of criminal statistics and crime statistics must comply with the following basic principles:

a) Ensuring truthfulness, objectivity, completeness, accuracy, and timeliness in statistical activities;

b) Uniformity in indicators, forms, calculation methods, units of measurement, deadlines, and periods for statistics;

c) Ensuring the confidentiality of statistical data according to the Law on State Secrets Protection and the List of Secrets of each sector.

4. Types of Statistics Guided in this Circular Include:

a) Statistics on the Results of Receiving and Processing Crime Reports;

b) Crime Statistics During the Initiation Stage;

c) Crime Statistics During the Prosecution Stage;

d) Crime Statistics During the First Instance Trial Stage;

e) Statistics on the Results of Resolving Criminal Cases and Enforcing Criminal Penalties by Prosecution Agencies.

Forms of statistical sheets and tables will be issued by the agencies responsible for each type of statistics after reaching consensus with the Supreme People's Procuracy and the agency leading the Inter-sectoral Project on Criminal Statistics and Crime Statistics.

5. Methods of Collecting Statistical Information and Data

a) Regular Statistical Reports apply to the statistics on the results of resolving criminal cases and enforcing criminal penalties by prosecution agencies;

b) Statistical Surveys are conducted through two methods: regular surveys and non-regular surveys. Regular surveys apply to crime statistics during the initiation, prosecution, and first instance trial stages. Non-regular surveys are applied in these stages but their content, plans, deadlines, and timing are decided by the Central Inter-sectoral Steering Committee for Criminal Statistics and Crime Statistics.

6. Sources of Documentation for Statistics

Statistical data is collected based on records of receipt, records of resolution results, records of enforcement work, and case acceptance forms of criminal law violations, criminal cases, and enforcement of criminal penalties by prosecution agencies.

7. Responsibilities for Implementing Criminal Statistics and Crime Statistics of Prosecution Agencies

a) The Procuracy is responsible for coordinating with other prosecution agencies at the same level to collect, compile, analyze, provide, and publish statistical data on criminal statistics and crime statistics including: crime statistics during the initiation stage; crime statistics during the prosecution stage; crime statistics during the first instance trial stage; statistics on the results of resolving criminal cases and enforcing criminal penalties by prosecution agencies; organizing training sessions on criminal statistics and crime statistics according to the inter-sectoral plan;

b) The Courts are responsible for collecting statistical data on the results of resolving criminal cases and issuing decisions to enforce criminal penalties within their jurisdiction; coordinating with the Procuracy and the Police at the same level to verify and unify statistical data and sign the Statistical Report on the Results of Resolving Criminal Cases and Decisions to Enforce Criminal Penalties prepared by the Procuracy at the same level;

c) The Police are responsible for compiling statistics on the results of receiving and processing crime reports from the handling of criminal law violations within their jurisdiction and transferring the compiled statistics to the Procuracy at the same level after completion; collecting statistical data on the results of resolving criminal cases within their jurisdiction; coordinating with the Procuracy to verify and unify statistical data and sign the Statistical Report on the Results of Resolving Criminal Cases and Enforcing Criminal Penalties prepared by the Procuracy at the same level;

d) Under the authorization and assignment of the Minister of National Defense, the Central Military Procuracy is responsible for guiding and coordinating with other prosecution agencies in the People's Army and agencies assigned to conduct certain investigative activities in the military to collect, verify, compile, and analyze statistical data on criminal statistics and crime statistics according to this Circular; regularly report to the Supreme People's Procuracy as prescribed.

8. Storage and Management of Criminal Statistics and Crime Statistics Data

Criminal statistics and crime statistics data are national statistical data and are stored and managed according to state document regulations. Agencies using this data must store and manage it in accordance with state regulations on statistical information confidentiality.

II. SPECIFIC PROVISIONS ON CRIMINAL STATISTICS AND CRIME STATISTICS

1. Statistics on the Results of Receiving and Processing Crime Reports

a) The public security agencies at all levels shall be responsible for organizing the recording, compiling data, preparing statistical reports on the results of receiving and handling criminal reports and notifications of the outcomes to the People's Procuracy at the same level;

b) Timeframe for implementation: the competent agencies of the Ministry of Public Security shall be responsible for researching and promulgating the statistical system for receiving and handling criminal reports; implementing it in the inter-sectoral TKHS, TKTP at an appropriate time.

2. Criminal statistics during the prosecution phase

a) Criminal statistics during the prosecution phase refer to the statistics of new cases and suspects initiated for prosecution that have been accepted for supervision by the People's Procuracy;

b) The People's Procuracy at all levels shall be responsible for preparing Statistical Forms on new cases and suspects initiated for prosecution. The Prosecutor assigned to exercise the public prosecution function and supervise the investigation of the case shall be responsible for preparing the statistical form immediately after accepting the supervision of the investigation of the case and approving the decision to initiate prosecution against the suspect;

c) Monthly statistical reports on criminal activities during the prosecution phase shall be prepared. The deadline for submitting statistical data shall be stipulated by the Supreme People's Procuracy.

3. Criminal statistics during the prosecution phase

a) Criminal statistics during the prosecution phase refer to the statistics of cases and suspects for whom the People's Procuracy has issued decisions to prosecute, suspend, or temporarily suspend;

b) The Supreme People's Procuracy shall be responsible for establishing and implementing the reporting system for criminal statistics during the prosecution phase within the procuratorial sector.

4. Criminal statistics during the first-instance trial phase

a) Criminal statistics during the first-instance trial phase refer to the statistics of defendants found guilty during the first-instance trial phase, including cases where the defendant is found guilty but the proceedings are suspended at the request of the victim; found guilty but exempted from criminal responsibility; suspended due to the death of the defendant or changes in criminal law; the court's judgment declaring the defendant guilty;

b) The People's Procuracy at all levels shall be responsible for preparing Statistical Forms on defendants found guilty during the first-instance trial phase. Each defendant shall have one form. The Prosecutor assigned to exercise the public prosecution function and supervise the trial must prepare the statistical form and record all relevant information immediately upon receipt of the decision or judgment of the court at the same level;

c) Monthly statistical reports on criminal activities during the first-instance trial phase shall be prepared. The deadline for submitting statistical data shall be stipulated by the Supreme People's Procuracy.

5. Statistics on the results of resolving criminal cases and enforcing criminal sentences by judicial agencies

a) Statistics on the results of resolving criminal cases and enforcing criminal sentences by judicial agencies shall be conducted according to the periodic reporting and statistical system.

b) Judicial agencies involved in criminal proceedings shall be responsible for organizing the recording, collecting statistical data within their jurisdiction; comparing the data and signing the Statistical Report prepared by the People's Procuracy at the same level with the leadership representatives of these agencies.

The specialized units under the Supreme People's Procuracy shall be responsible for preparing statistical reports on cases directly resolved by central judicial agencies (investigation, prosecution, first-instance trial, appeal, cassation...); coordinating with the units under the Ministry of Public Security and the Supreme People's Court to compare data and sign the statistical report, sending it back to the Criminal Statistics Bureau of the Supreme People's Procuracy for consolidation.

The Supreme People's Procuracy (Criminal Statistics Bureau) shall be responsible for consolidating the data of the inter-sectoral agencies nationwide.

c) Units of statistics and calculation methods

The unit of statistics is "case" and "person" (suspect, defendant, convicted person).

Cases shall be statistically recorded based on the most serious offense or the offense carrying the highest penalty of the principal suspect or defendant; if the principal suspect or defendant commits multiple offenses of the same severity and penalty, they shall be recorded according to the offenses specified in the articles of the Penal Code applied for initiating prosecution, prosecution, and trial, from the article with the smallest number to the article with the largest number.

The resolution of criminal cases shall be statistically recorded based on the date, month, and year recorded in the decision of the judicial agencies.

Each criminal case shall only be statistically recorded once according to the decision resolving the case at the time of the statistics. For cases transferred to another place for resolution, only the receiving and resolving agency shall statistically record the indicators of the outcome at the subsequent stage.

d) Periods of statistics in a year

Statistics on the results of resolving criminal cases and enforcing criminal sentences by judicial agencies include the following periods: monthly, quarterly, semi-annually, nine-monthly, and annually.

- Monthly statistics take data from January 1st to the last day of the month, including reports for January, February, April, May, July, August, October, and November.

- Quarterly statistics take data from January 1st to March 31st;

- Semi-annual statistics take data from January 1st to June 30th;

- Nine-monthly statistics take data from January 1st to September 30th;

- Annual statistics take data from January 1st to December 31st of the same year.

In accordance with the requirement to consolidate data for reports at the meetings of the National Assembly and People's Councils at various levels, the Procuracy shall be responsible for consolidating statistical data from the aforementioned reporting periods to provide to the sectors for unified reporting data.

e) Deadline for completing and submitting statistical reports

Within five days from the end of the statistical period, the Procuracy, public security agencies, and courts at each level shall complete the comparison and sign the Statistical Report prepared by the Procuracy at the same level with the leadership representatives of the sectors. The statistical report shall be copied and sent to the judicial agencies at the same level and the higher-level Procuracy for consolidation (including statistical reports of the specialized units of central judicial agencies).

Not later than the 10th day of each month, the provincial People's Procuracy completes the provincial, district-level statistical reports and sends the data to the Supreme People's Procuracy; the Supreme People's Procuracy completes the national data consolidation on the 15th day of each month.

III. IMPLEMENTATION

1. Coordination work organization implementation

In order for the coordination among sectors in inter-sectoral activities to be tight, timely, and effective, inter-sectoral steering committees at all levels shall be established to assist sector heads in unifying the direction of implementing statistical work on crime and traffic offenses as follows:

a) The central inter-sectoral steering committee shall be headed by a Deputy Procurator of the Supreme People's Procuracy, with members including a Deputy President of the Supreme People's Court, a Deputy Minister of Public Security, and a Deputy Minister of National Defense.

Supporting the central inter-sectoral steering committee is the Director of the Crime Statistics Department of the Supreme People's Procuracy, representatives from the Office of the Supreme People's Court, representatives from the Office of the Ministry of Public Security, the Head of the Crime Statistics Department of the Central Military Procuracy, and officials responsible for statistics and consolidation from the aforementioned ministries and sectors.

The central inter-sectoral steering committee has the responsibility to study and propose to sector leaders on:

- Organization, staffing, machinery, means, and operating funds for crime statistics for each sector and inter-sectorally;

- Improving and supplementing crime statistics and traffic offense statistics;

- Directing the implementation of crime statistics and traffic offense statistics, annually organizing summaries to draw lessons from the coordination work stipulated in this Circular;

- Necessary measures to strengthen the unity of crime statistics and traffic offense statistics nationwide.

b) The inter-sectoral steering committee for crime statistics and traffic offense statistics at the provincial and district levels shall be headed by a leader of the Provincial People's Procuracy, with members including a leader of the Provincial Public Security and a leader of the Provincial People's Court.

The head of the inter-sectoral steering committee for crime statistics and traffic offense statistics at the provincial and district levels is responsible for chairing and coordinating with other members of the steering committee to guide, monitor, inspect, urge the implementation of this Circular, and simultaneously resolve any arising issues.

Supporting the provincial inter-sectoral steering committee is the Head of the Crime Statistics Department or the official responsible for crime statistics of the Provincial People's Procuracy; representatives from the Provincial Public Security Office; representatives from the Provincial People's Court Office, and specialized staff from these agencies engaged in statistical work.

Supporting the district inter-sectoral steering committee are specialized staff from these agencies engaged in statistical work.

c) The Ministry of National Defense shall specify the organizational relationship and implementation of crime statistics and traffic offense statistics within the military.

2. Responsibilities of the Procuracy, Courts, Public Security, and National Defense regarding crime statistics and traffic offense statistics

a) Sector heads of the Procuracy, Courts, Public Security, and Military have the responsibility to oversee, inspect, and urge their subordinates to implement inter-sectoral crime statistics and traffic offense statistics effectively, ensuring complete, accurate, and timely statistical data.

b) Each ministry, sector, and agency at the central, provincial, and district levels must assign specialized staff to carry out their sector's crime statistics and traffic offense statistics work and coordinate cross-sector data comparison according to the prescribed time.

This Circular takes effect 15 days from its publication in the Official Gazette. Any issues encountered during implementation should be promptly reported to the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, and the Ministry of National Defense for explanation, guidance, supplementation, and adjustment.