JOINT CIRCULAR No. 01/2008/TTLT-VKSNDTC-TANDTC-BQP-BCA ON THE RELATIONSHIP AND COOPERATION IN CERTAIN CRIMINAL INVESTIGATION, PROSECUTION, TRIAL ACTIVITIES BETWEEN MILITARY AND NON-MILITARY PROSECUTORIAL ORGANIZATIONS ISSUED BY THE SUPREME PEOPLE'S PROCURATORATE - SUPREME PEOPLE'S COURT - MINISTRY OF NATIONAL DEFENSE - MINISTRY OF PUBLIC SECURITY

JOINT CIRCULAR

ON THE RELATIONSHIP AND COOPERATION IN CERTAIN ACTIVITIES OF INVESTIGATION, PROSECUTION, AND TRIAL OF CRIMINAL CASES BETWEEN PROSECUTION AUTHORITIES WITHIN AND OUTSIDE THE ARMED FORCES

To ensure effective investigation, prosecution, and trial of criminal cases, the Supreme People's Procuracy, the Supreme People's Court, the Ministry of National Defense, and the Ministry of Public Security hereby issue joint guidance on the relationship and cooperation between prosecution authorities within and outside the Armed Forces and related agencies and units as follows:

I. GENERAL ISSUES

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the relationship and cooperation in certain activities of investigation, prosecution, and trial of criminal cases between prosecution authorities within and outside the Armed Forces.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

The subjects to which this Circular applies include prosecution authorities with investigative powers within and outside the Armed Forces, specifically as follows:

a) Prosecution authorities within the Armed Forces, including:

- Investigative bodies:

+ Criminal Investigation Body of the Ministry of National Defense; criminal investigation bodies of military regions, military branches, military corps, military brigades, general departments, border guards, and other organizations under the Ministry of National Defense; regional criminal investigation bodies;

+ Security Investigation Body of the Ministry of National Defense; security investigation bodies of military regions, military branches, and border guards;

+ Investigative body of the Central Military Procuracy.

- Military procuracies: Central Military Procuracy; military procuracies of military regions, military branches, military corps, departments under the Ministry of National Defense, border guards, and regional military procuracies;

- Military courts: Central Military Court; military courts of military regions, naval military branches; regional military courts.

b) Agencies tasked with conducting certain investigative activities within the Armed Forces, including:

- Border Guards and maritime police forces;

- Other agencies of the People's Armed Forces tasked with conducting certain investigative activities: prison wardens, detention center wardens, heads of independent battalion-level units and equivalent units.

c) Prosecutorial bodies outside the Armed Forces, including:

- Investigative bodies:

+ Investigative bodies within the Public Security System: Criminal Investigation Department of the Ministry of Public Security; Criminal Investigation Departments of provincial public security services; Criminal Investigation Departments of county, district, city, and provincial public security services; Security Investigation Department of the Ministry of Public Security; Security Investigation Departments of provincial public security services.

+ Investigative body of the Supreme People's Procuracy.

- People's Procuracies: Supreme People's Procuracy; provincial people's procuracies; county, district, city, and provincial people's procuracies.

- People's Courts: Supreme People's Court; provincial people's courts; county, district, city, and provincial people's courts.

d) Other agencies of the Public Security System tasked with conducting certain investigative activities, including:

- Traffic Police Corps, Waterway Traffic Police Corps, Fire Prevention and Control Corps, Administrative Management Corps for Social Order, Protection and Judicial Support Corps, Traffic Police Departments, Waterway Traffic Police Departments, Fire Prevention and Control Departments, Administrative Management Departments for Social Order, Protection and Judicial Support Departments, Detention Centers, Prisons;

- Security Corps; Security Departments at provincial public security services directly combating crimes as stipulated in Article 12 of the Law on Organization of Criminal Investigation Procedures in 2004.

3. Principles of Cooperation

Cooperation in certain investigative, prosecutorial, and trial activities of criminal cases must comply with basic principles of criminal procedure, ensuring prompt, timely, and effective resolution of criminal cases related to the jurisdiction of prosecution authorities within and outside the Armed Forces, in accordance with the law, functions, tasks, and authority of each agency.

II. SPECIFIC PROVISIONS

1. Cooperation in Handling Reports of Crimes and Requests for Prosecution

a) Prosecution authorities with investigative powers within and outside the Armed Forces have the responsibility to accept, register, and within five working days transfer reports of crimes or requests for prosecution that they have received but do not fall within their jurisdiction, along with relevant documents to the competent investigative body for handling;

b) When receiving reports of crimes or requests for prosecution within their jurisdiction, the competent investigative body must promptly conduct verification and inform the competent procuratorial body at the same level to perform its supervisory function;

c) During the verification of reports of crimes, if the investigative body discovers that the matter being verified does not fall within its jurisdiction, it must quickly clarify and within five working days from when sufficient grounds exist to conclude that the matter does not fall within its jurisdiction, transfer the case file and documents to the competent investigative body for further handling;

d) For criminal incidents where the jurisdiction is unclear, the investigative body should determine based on whether the location of the incident falls within the management area of the Armed Forces or outside the Armed Forces, and accordingly initiate preliminary investigation and cooperate with relevant investigative bodies.

Example:

- Upon discovering a murder case occurring within the management and protection area of a military unit, even if the identity of the perpetrator or victim is unclear, the investigative body within the Armed Forces must still conduct initial activities such as scene examination, autopsy, taking statements, collecting evidence, applying necessary measures ..., while informing the investigative body outside the Armed Forces in the locality to coordinate in handling the case.

- When the Investigative Agency outside the Military discovers a murder or intentional infliction of injury occurring outside the management and protection area of a Military unit, even though there is suspicion that the perpetrator or victim is a person managed by the Military such as wearing military uniforms or having military personnel identification documents; or a violation of regulations concerning traffic conditions on roads involving vehicles related to the accident bearing Military license plates ..., the Investigative Agency outside the Military must still conduct preliminary investigative activities, while informing the competent Investigative Agency within the Military or the nearest Investigative Agency within the Military to coordinate in handling.

d) For cases where the investigative jurisdiction is clearly under the Investigative Agency outside the Military, such as: murder, intentional infliction of injury, theft, fraud, etc., occurring within the management and protection area of a Military unit, but the perpetrator or victim is not from the Military and does not cause damage to the Military; cases related to forest management and protection occurring within the forest area entrusted to be protected by a Military unit, which is not a forest planted and cared for by the Military for exploitation and use such as raw material forests, rubber plantations, coffee plantations, etc.; or cases where the investigative jurisdiction is clearly under the Investigative Agency within the Military, such as: murder, intentional infliction of injury, violations of traffic control regulations on roads ..., where the perpetrator or victim is managed by the Military or causes damage to the Military, shall be handled as follows:

- The Investigative Agency that discovers the crime first must immediately inform the competent Investigative Agency to resolve or coordinate in resolving the matter;

- In case the competent Investigative Agency cannot arrive in time, the Investigative Agency that discovered the crime must conduct preliminary investigative activities, then transfer the file and materials to the competent Investigative Agency for resolution.

e) The Investigative Agency or agency assigned to carry out certain investigative activities must directly transfer reports of crimes, information about crimes, or requests for prosecution that are not within their jurisdiction along with relevant files and materials to the competent Investigative Agency for resolution. After resolving the report of crimes, information about crimes, or request for prosecution, the Investigative Agency must notify the agencies, organizations, or individuals who reported the crime or made the request for prosecution within five working days from the date of issuance of the decision.

In case a decision not to initiate a criminal investigation has been issued, but it is determined that the incident has signs of administrative law violations or other laws, the Investigative Agency must transfer the file, materials, and evidence to the competent authority for resolution;

g) In case the Commander of a border guard post at sea islands and borders apprehends a person on the spot or in urgent circumstances; the Commander of a maritime police region apprehends a person on the spot and issues an arrest warrant according to the law, then the urgent arrest warrant, detention decision, and related documents must be immediately sent to the Military Public Prosecutor's Office (if the jurisdiction for resolution is clear for the Military Public Prosecutor's Office), or the nearest People's Public Prosecutor's Office for resolution according to the law.

The detainee in this case must be sent to the nearest police station or detention center under the management of the Ministry of Public Security according to Circular Joint No. 112/2002/TTLT-BQP-BCA dated August 16, 2002 of the Ministry of National Defense and the Ministry of Public Security "Guidelines for Border Guard Posts without Detention Cells to Send Detainees to Police Stations and Detention Centers Managed by the Ministry of Public Security";

During the process of handling reports of crimes, information about crimes, or requests for prosecution, if the Investigative Agency requests assistance, the judicial agencies, agencies assigned to carry out certain investigative activities, units under the People's Public Security and the People's Army have the responsibility to cooperate and provide support.

2. Coordination in investigative activities

a) When investigating a case, the Investigative Agency or agency assigned to carry out certain investigative activities, if they discover that the case is related to the investigative jurisdiction of another Investigative Agency, must exchange information with the relevant Investigative Agency to avoid multiple Investigative Agencies initiating investigations into the same criminal act or the same person committing a criminal act;

b) If the Investigative Agency outside the Military discovers during the investigation that there are criminal acts committed by others suspected of being managed by the Military, it must quickly organize verification or entrust the competent Investigative Agency within the Military to verify and conclude to decide on the indictment or separation and transfer of the case to the competent Investigative Agency;

c) Immediately upon receiving the delegated investigation decision, the delegated Investigative Agency sends a copy of this decision or notifies the competent Public Prosecutor's Office at the same level to exercise public prosecution and supervise the investigation according to the law. The delegated Investigative Agency must fully implement all requirements, clearly conclude, and transfer the delegated investigation file to the delegating Investigative Agency within the time limit specified in the delegated investigation decision;

d) When the Investigative Agency has grounds to determine that the ongoing investigation case does not fall within its investigative jurisdiction, it must propose to the competent Public Prosecutor's Office to issue a decision to transfer the case and directly hand over the case to the competent Investigative Agency for continued investigation within five working days from the date of discovery. The procedures for proposing and deciding on the transfer of the case are carried out according to Section 10 of Joint Circular No. 05/2005/TTLT-VKSNDTC-BCA-BQP dated September 7, 2005 of the Supreme People's Public Prosecutor's Office – Ministry of Public Security – Ministry of National Defense "Regarding the coordination relationship between Investigative Agencies and Public Prosecutor's Offices in implementing certain provisions of the Criminal Procedure Code 2003".

đ) For cases involving both suspects or crimes within the jurisdiction of the Investigation Agency in the Military and those within the jurisdiction of the Investigation Agency outside the Military, the Investigation Agency currently investigating the case shall convene a meeting with the same-level Prosecution Office and relevant Investigation Agencies and Prosecution Offices to unify the decision on whether the Investigation Agency in the Military will investigate the entire case or separate the case for individual investigation. The transfer of the entire case or the separation and transfer of criminal cases for resolution according to jurisdiction shall be carried out in accordance with Article 117 of the Criminal Procedure Code and Point 4, Section I, Circular Jointly Issued No. 01/2005/TTLT-TANDTC-VKSNDTC-BQP-BCA dated April 18, 2005 of the Supreme People's Court - Supreme People's Procuracy - Ministry of National Defense - Ministry of Public Security "Guidelines on the Jurisdiction of Military Courts". The investigation period in the event of separation and transfer shall be calculated from the date of receipt of the decision on separation and transfer and the case file. After completing the investigation, within five working days, the Investigation Agency must notify the Investigation Agency that transferred the case of the results;

e) For cases where the person committing the criminal act was engaged in such acts before joining the Military service, if it is not related to military secrets or does not cause damage to the Military, the Investigation Agency outside the Military shall have the authority to investigate. To resolve this situation, the Investigation Agency in the Military shall exchange and reach consensus with the Investigation Agency outside the Military and prepare a document requesting the head of the competent Military unit to issue a decision for the person who committed the criminal act to leave the Military or resign;

g) When conducting an investigation, if the Investigation Agency discovers acts of crime infringing upon judicial activities within the jurisdiction of the Investigation Agency of the Supreme People's Procuracy or the Central Military Procuracy, they must report and then proceed to transfer the relevant files and materials to the Investigation Agency of the Supreme People's Procuracy or the Central Military Procuracy for further handling;

h) For cases of infringement upon judicial activities where the perpetrators include officers from judicial agencies both inside and outside the Military, the Investigation Agency of the Supreme People's Procuracy shall coordinate with the Central Military Procuracy, report to the Chief Prosecutor of the Supreme People's Procuracy to decide whether the Central Military Procuracy will investigate part or all of the case;

i) During the investigation process, if there are disputes or conflicts over jurisdiction between the Investigation Agencies inside and outside the Military, the Investigation Agency currently investigating the case must proactively exchange views with the same-level Prosecution Office and relevant Investigation Agencies and Prosecution Offices to unify measures for resolution. In cases where consensus cannot be reached, the Prosecution Office currently exercising public prosecution and supervising the investigation of the case shall prepare a report and request guidance from its superior Prosecution Office for a solution;

When carrying out arrest warrants, searches, escorts, if assistance from the Investigation Agency or related units of the Military and Public Security is required, the Investigation Agency must first work to unify cooperation measures. Upon receiving the request, the Investigation Agency and related units of the Military and Public Security shall promptly cooperate and provide timely support;

The Investigation Agency and related agencies and units of the Military and Public Security must closely cooperate in implementing the arrest of suspects and defendants based on arrest warrants. If the Investigation Agency in the Military issues an arrest warrant for suspects and defendants, the Criminal Investigation Agency of the Ministry of National Defense, the National Security Investigation Agency of the Ministry of National Defense, or the Investigation Agency of the Central Military Procuracy must directly work with the functional agencies of the Ministry of Public Security and the Supreme People's Procuracy as stipulated to implement the arrest and detention of the targets. When the target is arrested, the Public Security agency shall notify and proceed with the handover procedures for the arrested person so that the Investigation Agency that issued the arrest warrant can issue a decision to terminate the arrest warrant and continue to resolve the case;

Annually, semi-annually, and monthly, the Investigation Agencies in the Military shall report the number of targets with outstanding arrest warrants and those terminated to the Investigation Police Agency in the Public Security Force to inform the specialized agency responsible for pursuing fugitives under the Investigation Police Agency of the Ministry of Public Security for statistical purposes;

3. Cooperation in Prosecutorial Activities

a) During the stage of deciding to prosecute, when reviewing the file and discovering new information about crimes or criminals unrelated to their own jurisdiction, the Procuracy shall prepare a document clearly stating the reasons and send it to the competent Investigation Agency for verification and resolution according to the procedure for handling reports of crimes and notify the relevant Procuracy;

b) When the Procuracy is handling a case and has grounds to determine that the case does not fall within its jurisdiction, within five working days from the date of discovery, the Procuracy must reach consensus with the competent Procuracy before proceeding with the formalities for transferring the case. The transfer of the case file must be handed over directly. The Procuracy receiving the case must create favorable conditions to ensure the swift and smooth transfer of the case;

c) In cases of disputes or lack of agreement on the viewpoint of transferring or accepting cases between the People's Procuracy and the Military Procuracy, the Procuracy currently handling the case shall prepare a report for its superior Procuracy to coordinate with the relevant Procuracy to guide the resolution;

d) After receiving the case file transferred from another Procuracy, if supplementary investigation is required, it shall be carried out as follows:

- In cases where the prosecution case is handled by a higher-level Prosecution Office exercising public prosecution and supervising investigation, then transferred to a lower-level Prosecution Office for indictment decision (for example, a case transferred from the Supreme People's Procuracy to the Military Procuracy of a Military Region...), the lower-level Prosecution Office shall report and issue a decision to transfer the case, requesting the higher-level Prosecution Office to return the dossier to the Investigation Agency that investigated the case for supplementary investigation;

- In cases where the case is transferred from Prosecution Offices without hierarchical relationship, between local Prosecution Offices and Military Prosecution Offices, the Prosecution Office receiving the case shall consult with the Investigation Agency at the same level before issuing a decision to return the dossier for supplementary investigation. If the Investigation Agency at the same level encounters difficulties in supplementary investigation, it may entrust the investigation to the Investigation Agency that originally investigated the case;

- In cases where the case is separated for indictment within the jurisdiction, the Military Procuracy and the relevant People's Procuracy shall regularly inform each other about the progress of handling, indictment time, indictment viewpoint, and proposed resolution of the case. Within five days after issuing the indictment or decision to terminate the case, the Procuracy issuing these decisions must send copies of the indictment or decision to terminate the case to the relevant Procuracy;

4. Cooperation in trial activities

- During the trial phase, when the Court reviews the case file and discovers signs of criminal offenses or perpetrators not related to its jurisdiction, it shall notify the same-level Procuracy to transfer the case to the competent Investigation Agency for verification and resolution according to the procedure for handling reports of crimes;

- For complex cases involving jurisdictional issues between civilian courts and military courts, the court currently handling the case shall take the lead in coordinating with the Procuracy that issued the indictment and the relevant Procuracy to jointly examine and resolve the case. If there is no agreement on the resolution method, the court currently handling the case shall prepare a report and request the higher-level court to coordinate with the same-level Procuracy to provide guidance on resolution;

- When determining that the case does not fall within its jurisdiction, the court currently handling the case must reach a consensus with the court having jurisdiction within five working days from the date of discovery before proceeding with the formalities to transfer the case. The transfer of the case file must be directly handed over. The court receiving the case must create all conditions to ensure the swift and smooth transfer of the case;

- The court issuing the decision to transfer the case must send a copy of this decision to the Procuracy that issued the indictment. Upon receipt of the case file, the court receiving the case must verify the file and, if it falls within its jurisdiction, transfer the case file to the same-level Procuracy to reissue the indictment and exercise public prosecution and supervision of the trial;

- After reviewing the case transferred from another court, if the court with jurisdiction finds it necessary to conduct supplementary investigation, it shall issue a decision to return the dossier to the same-level Procuracy to request the same-level Investigation Agency to conduct supplementary investigation. If the same-level Investigation Agency encounters difficulties in supplementary investigation, it may entrust the investigation to the Investigation Agency that originally investigated the case;

If supplementary investigation is deemed unnecessary, the Procuracy shall issue a document transferring the case back to the court that returned the dossier and request the court to proceed with the trial;

If there is any basis specified in Article 107 of the Criminal Procedure Code or grounds for exempting criminal responsibility for the accused under Articles 19, 25, and Clause 2 of Article 69 of the Criminal Code, before opening the trial, the court shall consult with the Procuracy to withdraw the indictment decision and the court shall issue a decision to terminate the case; if the Procuracy disagrees, the court shall issue a decision to proceed with the trial;

- Cases separated for separate trials by civilian courts and military courts according to their jurisdictions, the relevant civilian courts and military courts shall regularly exchange information and inform each other about the progress of handling, trial time, and resolution viewpoints. Within five working days after the first-instance trial, the court that conducted the first-instance trial shall issue a document informing the relevant court of the results;

- When conducting mobile trials in local areas, if assistance is needed, the Military Court or Military Procuracy shall contact in advance to ensure timely coordination measures by the Public Security Agency, the People's Procuracy, and the People's Court of the locality;

- The resolution of complaints and appeals in criminal proceedings shall be carried out in accordance with Circular Joint Circular No. 02/2005/TTLT-VKSTC-TATC-BCA-BQP-BTP dated August 10, 2005, of the Supreme People's Procuracy – Supreme People's Court – Ministry of Public Security – Ministry of National Defense – Ministry of Justice "Guidelines for Implementing Certain Provisions of the Criminal Procedure Code on Complaints and Appeals". If the court currently resolving the complaint finds that the content of the complaint relates to the resolution of other competent investigative agencies, the court shall proactively coordinate with these agencies to resolve the matter;

III. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette. Previous guidelines of the Supreme People's Procuracy, Supreme People's Court, Ministry of National Defense, and Ministry of Public Security that conflict with this Circular are hereby abolished;

2. During implementation, if there are any issues requiring clarification or additional guidance, please compile opinions and submit them to the Supreme People's Procuracy, Supreme People's Court, Ministry of National Defense, and Ministry of Public Security for consideration and resolution;