JOINT CIRCULAR No. 01/2018/TTLT-VKSTC-TATC-BCA-BQP-BTP-BTC-BNN&PTNT ON THE COORDINATION IN REPORTING AND NOTIFYING ABOUT THE WORK OF HANDLING COMPLAINTS AND ACCUSATIONS IN JUDICIAL ACTIVITIES

JOINT CIRCULAR

Regulations on coordination in reporting and notifying

about the handling of complaints and denunciations in judicial activities

Pursuant to the Law on Legislative Activities dated June 22, 2016;

Pursuant to the Law on the Organization of the Supreme People's Procuracy dated November 24, 2014;

Pursuant to the Law on the Organization of the Supreme People's Court dated November 24, 2014;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 164/2017/NĐ-CP dated December 30, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the provisions of laws on the handling of complaints and denunciations in judicial activities;

The Supreme People's Procuracy, the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Justice, the Minister of Finance, and the Minister of Agriculture and Rural Development issue this Joint Circular to regulate coordination in reporting and notifying about the handling of complaints and denunciations in judicial activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular regulates the coordination among agencies and authorized persons in reporting and notifying about the handling of complaints and denunciations in judicial activities.

Article 2. Applicability

This Joint Circular applies to agencies and authorized persons handling complaints and denunciations in judicial activities.

Article 3. Explanation of Terms

In this Joint Circular, the following terms shall be understood as follows:

1. Judicial activity: Includes activities in criminal proceedings, civil proceedings, administrative proceedings, bankruptcy procedures, enforcement of criminal judgments, enforcement of civil judgments, enforcement of administrative judgments, enforcement of temporary detention and arrest, examination and decision on the application of administrative measures at the court, and other activities prescribed by law as judicial activities.

2. Complaints in judicial activities: Is the act of individuals, agencies, organizations, according to procedures prescribed by law, requesting agencies or authorized persons to review decisions or actions of agencies or authorized persons in judicial activities, when there is evidence that such decisions or actions are contrary to the law, infringing upon their lawful rights and interests.

3. Denunciations in judicial activities: Is the act of individuals, according to procedures prescribed by law, informing agencies or authorized persons about violations of law by agencies or authorized persons in judicial activities causing damage or threatening to cause damage to the interests of the State, rights and lawful interests of individuals, agencies, and organizations.

4. Reporting on the handling of complaints and denunciations in judicial activities is a document from a subordinate agency sent to a superior agency within the same ministry or sector for reporting purposes.

5. Notifying on the handling of complaints and denunciations in judicial activities is a document sent by central agencies of each ministry or sector to the Supreme People's Procuracy.

Article 4. Principles for the construction and submission of reports and notifications

1. The construction of reports and notifications must be accurate, ensuring compliance with the content requirements and deadlines stipulated in this Joint Circular and the demands of the National Assembly and competent agencies of the National Assembly.

2. Ensuring centralized and unified direction in a timely manner by central agencies towards subordinate agencies within each ministry or sector.

3. Ensuring close coordination among agencies at each level, with the Procuracy playing the leading role.

Chapter II

CONSTRUCTION AND SUBMISSION OF REPORTS AND NOTIFICATIONS

Article 5. Time points and contents of reports and notifications

1. Time points for collecting data for reports and notifications are as follows:

a) For periodic six-month reports and notifications, data shall be collected from October 1 of the preceding year to March 31 of the reporting period.

b) For reports and notifications to build reports for review by the Committee on Legal Affairs and for comments by the Standing Committee of the National Assembly, data shall be collected from October 1 of the preceding year to July 31 of the reporting year.

c) For supplementary reports and notifications to complete reports on handling complaints and denunciations in judicial activities to be submitted to the National Assembly, supplementary data shall be collected from August 1 to September 30 of the reporting year.

2. Contents of reports and notifications include:

a) The content of periodic six-month reports on handling complaints and denunciations in judicial activities according to Model No. 01 issued together with this Joint Circular.

b) The content of reports and notifications on handling complaints and denunciations in judicial activities to build reports for review by the Committee on Legal Affairs and for comments by the Standing Committee of the National Assembly according to Model No. 01 issued together with this Joint Circular.

c) The content of supplementary reports and notifications to complete reports on handling complaints and denunciations in judicial activities to be submitted to the National Assembly according to Model No. 02 issued together with this Joint Circular.

3. Reports and notifications must be accompanied by statistical annexes. The construction of reports, notifications, and statistical annexes must follow the models and annexes issued together with this Joint Circular.

During implementation, coordination with the same-level Procuracy must be ensured to check and review, guaranteeing consistency and accuracy.

Article 6. Deadlines for submitting reports and notifications

1. Deadlines for submitting periodic six-month reports on handling complaints and denunciations in judicial activities are as follows:

a) Reports from county-level and regional-level agencies must be submitted to provincial-level and military zone-level agencies of each sector, and simultaneously sent to the same-level Procuracy before April 3 of the reporting period.

b) Reports from provincial-level and military zone-level agencies and High People's Courts, High People's Procuracies must be submitted to central-level agencies of each ministry or sector, and simultaneously sent to the same-level Procuracy before April 8 of the reporting period.

c) Reports from the Criminal Investigation Bureau of the Ministry of Defense, the Military Security Protection Bureau, the Central Military Court, and the Enforcement Bureau of the Ministry of Defense must be submitted to the Ministry of Defense, and simultaneously sent to the Central Military Procuracy before April 12 of the reporting period.

d) Notifications from central-level agencies must be submitted to the Supreme People's Procuracy before May 8 of the notification period.

2. Deadlines for submitting reports and notifications to build annual reports on handling complaints and denunciations in judicial activities for review by the Committee on Legal Affairs and for comments by the Standing Committee of the National Assembly are as follows:

a) Reports from county-level and regional-level agencies must be submitted to provincial-level and military zone-level agencies of each sector, and simultaneously sent to the same-level Procuracy before August 3 of the reporting year.

b) Reports from provincial-level and military zone-level agencies and High People's Courts, High People's Procuracies must be submitted to central-level agencies of each ministry or sector, and simultaneously sent to the same-level Procuracy before August 8 of the reporting year.

c) Reports from the Criminal Investigation Bureau of the Ministry of Defense, the Military Security Protection Bureau, the Central Military Court, and the Enforcement Bureau of the Ministry of Defense must be submitted to the Ministry of Defense, and simultaneously sent to the Central Military Procuracy before August 12 of the reporting year.

d) Notifications from central-level agencies must be submitted to the Supreme People's Procuracy before August 18 of the notification year.

3. Deadlines for submitting supplementary reports and notifications to complete reports on handling complaints and denunciations in judicial activities to be submitted to the National Assembly are as follows:

a) Reports from county-level and regional-level agencies must be submitted to provincial-level and military zone-level agencies of each sector, and simultaneously sent to the same-level Procuracy before October 3 of the reporting year.

b) Reports from provincial-level and military zone-level agencies and High People's Courts, High People's Procuracies must be submitted to central-level agencies of each ministry or sector, and simultaneously sent to the same-level Procuracy before October 8 of the reporting year.

c) Reports from the Criminal Investigation Bureau of the Ministry of Defense, the Military Security Protection Bureau, the Central Military Court, and the Enforcement Bureau of the Ministry of Defense must be submitted to the Ministry of Defense, and simultaneously sent to the Central Military Procuracy before October 12 of the reporting year.

d) Notifications from central-level agencies must be submitted to the Supreme People's Procuracy before October 18 of the notification year.

Article 7. Authority to sign reporting and notification documents

Reporting and notification documents shall be signed by the head of the agency or unit. In case the head of the agency or unit is absent, they may delegate authority to their deputy to sign on their behalf (KT).

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Effective Date

1. This Joint Circular shall take effect 45 days from the date of signing.

2. During implementation, any difficulties should be promptly reported to the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, the Ministry of Finance, and the Ministry of Agriculture and Rural Development for resolution within their respective authorities.

Article 9. Responsibility for Implementation

The Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, the Ministry of Finance, and the Ministry of Agriculture and Rural Development shall be responsible for implementing, guiding, urging, and inspecting the implementation of this Joint Circular within their respective ministries and sectors.

Where a ministry or sector has multiple agencies and units with authority to handle complaints and denunciations in judicial activities at each level, one agency or unit must be designated as the main coordinating body and notified to the same-level Procuracy.