Joint Circular No. 01/2020/TTLT-BCA-BQP-TANDTC-VKSNDTC on cooperation in extracting prisoners and students serving educational measures at reformatory schools for investigation, prosecution, and trial purposes.

JOINT CIRCULAR
Regulations on cooperation in the implementation of the extraction of prisoners,
students currently serving educational measures at rehabilitation schools
to serve investigation, prosecution, and trial

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

Pursuant to the Law on Enforcement of Detention and Pretrial Detention dated November 25, 2015;

Pursuant to the Criminal Procedure Code dated November 27, 2015;

The Minister of Public Security, the Minister of National Defense, the President of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy issue this Joint Circular regulating cooperation in the implementation of the extraction of prisoners, students currently serving educational measures at rehabilitation schools to serve investigation, prosecution, and trial.

PART I
GENERAL PROVISIONS 

Article 1. Scope of Regulation

This Circular regulates the cooperative relationship in the implementation of procedures and formalities for extracting prisoners from prisons, temporary detention centers, and holding facilities; extracting students currently serving educational measures at rehabilitation schools (hereinafter referred to as students) from rehabilitation schools to serve investigation, prosecution, and trial, and the management system for prisoners and students during the extraction period.

Article 2. Applicability

1. Investigative agencies and individuals with authority to conduct criminal proceedings; agencies and individuals with authority to enforce custodial sentences and educational measures at rehabilitation schools; agencies and individuals with authority to enforce temporary detention and pretrial detention; prisoner detention facilities and prisoners; rehabilitation schools and students.

2. Other organizations and individuals related to the activity of extracting prisoners and students.

Article 3. Principles of Cooperation

1. Ensuring strict compliance with the principles of criminal enforcement as stipulated in Article 4 of the Criminal Enforcement Law.

2. Ensuring the proper performance of functions, duties, and powers of each agency as prescribed by law.

3. Being proactive and timely, creating conditions for relevant agencies and individuals involved in the extraction process to complete their tasks according to the law.

4. Ensuring confidentiality of information in accordance with the law. 

Chapter II
PROCEDURES AND FORMALITIES FOR EXTRACTION, HANDOVER, AND MANAGEMENT
OF EXTRACTED PRISONERS 

Article 4. Sending a request for extraction

1. When investigative agencies and individuals under the Ministry of Public Security, Ministry of National Defense, and the Supreme People's Procuracy have a need to extract prisoners to serve investigation and prosecution, the sending of a request for extraction shall be carried out as follows:

a) In cases where prisoners are serving sentences at prisons or temporary detention centers under the Ministry of Public Security, the request for extraction shall be sent to the head of the criminal enforcement agency under the Ministry of Public Security; if prisoners are serving sentences at prisons or temporary detention centers under the Ministry of National Defense, the request for extraction shall be sent to the head of the criminal enforcement agency under the Ministry of National Defense to issue an extraction order;

b) In cases where prisoners are serving sentences at temporary detention centers under provincial public security offices or are directly managed by county-level criminal enforcement agencies, the request for extraction shall be sent to the head of the provincial criminal enforcement agency to issue an extraction order;

c) In cases where prisoners are serving sentences at military regional prisons and equivalent facilities (referred to collectively as military regions), the request for extraction shall be sent to the head of the military regional criminal enforcement agency to issue an extraction order.

2. When the Supreme People's Court, Provincial Higher People's Courts, Central Military Court, Central Military Procuracy, and Provincial Higher Procuracy have a need to extract prisoners to serve trial, they shall send a request for extraction to the criminal enforcement agency of the provincial public security office or the military regional criminal enforcement agency where the trial will take place or where the court that rendered the first-instance judgment has its headquarters to issue an extraction order or propose an extraction order for the prisoner.

3. When investigative agencies and individuals under the provincial or county-level public security organs, procuracies, and courts have a need to extract prisoners to serve investigation, prosecution, and trial, they shall send a request for extraction to the head of the provincial public security criminal enforcement agency where the requesting agency has its headquarters to issue an extraction order or propose an extraction order for the prisoner.

4. When investigative agencies and individuals under military regional levels or regional levels have a need to extract prisoners, they shall send a request to the head of the military regional criminal enforcement agency where the requesting agency has its headquarters to issue an extraction order or propose an extraction order.

5. In cases where prisoners are charged with other offenses, the investigating agency must issue a decision to charge the prisoner as a suspect and send a request for extraction to the competent agency as stipulated in Clauses 1, 2, 3, and 4 of this Article to issue an extraction order or propose an extraction order for the prisoner to be returned to a temporary detention center or holding facility to serve investigation.

6. The request for extraction of prisoners by investigative agencies and individuals with authority to conduct criminal proceedings shall include the following contents:

a) The requesting agency; name, position, title, signature of the authorized person requesting extraction, and stamp;

b) Name; date of birth; place of permanent residence of the prisoner; date of arrest; offense; duration of imprisonment; judgment number, date, and year of the court; enforcement decision number, date, and year of the court and the place where the prisoner is serving the sentence; the role of the extracted prisoner in the case being handled by the requesting agency according to the Criminal Procedure Code;

c) Purpose and duration of extraction; agency or unit assigned to receive and escort the extracted prisoner; detention facility responsible for receiving and managing the prisoner during the extraction period.

Article 5. Submitting a document requesting an order to extract a prisoner

1. Within three working days from the date of receipt of the document requesting the extraction of a prisoner, if it does not fall within the authority to issue an extraction order, the criminal enforcement agency must submit a document requesting the extraction of the prisoner along with a copy of the extraction request document of the agency or person authorized to conduct criminal proceedings to the competent authority to issue an extraction order for the issuance of the extraction order. When submitting the request document to the competent authority to issue an extraction order, the criminal enforcement agency must notify the agency or person requesting the extraction.

2. The head of the criminal enforcement agency of the provincial public security service, the head of the criminal enforcement agency of the military region when receiving a document requesting the extraction of a prisoner from an agency or person authorized to conduct criminal proceedings, if it does not fall within the authority to issue an extraction order, shall implement the request for an extraction order as follows:

a) In the case where the prisoner is serving a sentence at a prison or detention center under the Ministry of Public Security, the document requesting the extraction shall be sent to the head of the criminal enforcement management agency under the Ministry of Public Security;

b) In the case where the prisoner is serving a sentence at a prison or detention center under the Ministry of National Defense, the document requesting the extraction shall be sent to the head of the criminal enforcement management agency under the Ministry of National Defense;

c) In the case where the prisoner is serving a sentence at a detention center managed by the Criminal Enforcement Agency of the provincial public security service of another province, the document requesting the extraction shall be sent to the head of the Criminal Enforcement Agency of that provincial public security service to issue the extraction order;

d) In the case where the prisoner is serving a sentence at a prison or detention center of another military region, the document requesting the extraction shall be sent to the head of the Criminal Enforcement Agency of that military region to issue the extraction order.

3. Within three working days from the date of receipt of the document requesting the extraction of a prisoner, the head of the Criminal Enforcement Agency of the county-level public security service must submit a document requesting the agency or person authorized to conduct criminal proceedings that requested the extraction to send the document requesting the extraction of the prisoner to the head of the Criminal Enforcement Agency of the provincial public security service to issue the extraction order or request the issuance of the extraction order according to its authority.

4. In the case of receiving a request for the extraction of a female prisoner who has a child under thirty-six months old living in the same place where she is serving her sentence, the agency receiving the request for extraction must have a document notifying the agency or person authorized to conduct criminal proceedings that requested the extraction about the fact that the prisoner has a child under thirty-six months old living in the same place where she is serving her sentence for consideration and deliberation on the extraction of the prisoner.

Article 6. Issuing an Order to Extract a Prisoner

1. Within three working days from the date of receipt of the document requesting or proposing the extraction, the competent authority to issue an extraction order must issue the extraction order and send it to the agency that proposed the issuance of the extraction order, the agency transferring and the agency receiving the extracted prisoner for implementation, while sending it to the criminal enforcement management agency under the Ministry of Public Security and the criminal enforcement management agency under the Ministry of National Defense for monitoring.

2. The extraction order must contain the contents prescribed in Clause 4 of Article 40 of the Criminal Enforcement Law.

Article 7. Extension of prisoner extraction

1. Not later than five working days before the expiration of the prisoner extraction period, based on the request and purpose of the agency or person authorized to conduct criminal proceedings or to ensure the procedure for enforcing a custodial sentence when returning the extracted prisoner to continue enforcement, the agency that requested the prisoner extraction must submit a written request to the agency that issued the extraction order to issue an extension order for the following cases:

a) The extracted prisoner is a suspect or defendant in a case being handled by an agency or person authorized to conduct criminal proceedings requesting extraction, and at the end of the extraction period, the agency or person authorized to conduct criminal proceedings is still conducting one of the investigative, prosecution, or trial activities against that prisoner;

b) During the extraction period, the extracted prisoner has been tried by the Court, and at the end of the extraction period, the judgment has not yet taken legal effect or although it has taken legal effect, the agency receiving the extracted prisoner has not yet received the enforcement decision from the Court;

c) In the case where the extracted prisoner is not a suspect or defendant in a case being handled by an agency or person authorized to conduct criminal proceedings requesting extraction, and at the end of the extraction period, the agency or person authorized to conduct criminal proceedings has not achieved the purpose of extraction and still requires the continued extraction of that prisoner to resolve the case.

2. The written request for extending prisoner extraction must clearly state the reasons and purposes for the extension, and the duration of the extended extraction.

3. Within three working days from the date of receipt of the written request for extending prisoner extraction, the competent authority must issue an extension order. The extension order must be sent to the agency receiving the extracted prisoner and the agency that transferred the extracted prisoner for implementation.

4. If during the extraction period, the court with authority issues a decision to revoke the entire judgment or decision of the Court or revokes the custodial punishment portion in the judgment or decision of the Court which the prisoner is serving for investigation, prosecution, or trial again, the agency receiving the extracted prisoner shall implement detention of the prisoner according to the decision of the competent criminal proceeding agency and does not proceed with the procedure to request an extension of extraction but must send a notification letter accompanied by a copy of the revocation judgment or decision to the agency that issued the extraction order and the agency that transferred the extracted prisoner.

After the Court retries and sentences the extracted prisoner to imprisonment, with a decision to enforce the custodial sentence, the agency receiving the extracted prisoner shall implement the enforcement of the custodial sentence enforcement decision in accordance with Article 23 of the Criminal Enforcement Law.

5. If during the extraction period, the extracted prisoner is sentenced to death, then upon expiration of the extraction period, the agency receiving the extracted prisoner continues to detain them according to the regulations on detaining persons sentenced to death and does not proceed with the procedure to request an extension of extraction but must send a notification letter accompanied by a copy of the judgment to the agency that issued the extraction order, the agency that transferred the extracted prisoner, and the criminal enforcement management agency under the Ministry of Public Security and the criminal enforcement management agency under the Ministry of National Defense for monitoring.

Article 8. Coordination in Implementing Warrant for Extraction, Warrant for Extension of Extraction

1. After receiving the warrant for extraction of the prisoner, the agency receiving the extracted prisoner shall dispatch an officer with an introduction letter, a certificate of Investigator, or a People's Public Security identification card, or a military officer identification card of the People's Army accompanying the warrant for extraction to the place where the prisoner is serving the sentence to receive and escort the prisoner back to the detention facility according to the warrant for extraction; in case the warrant for extraction is sent through confidential channels, it must be confirmed (signed, stamped) by the head of the agency receiving the document through confidential channels or confirmed by the Criminal Enforcement Agency of the provincial public security agency or the criminal enforcement agency of the military region. 2. The prison, temporary detention center, or criminal enforcement agency of the county-level public security agency where the prisoner is handed over shall be responsible for inspecting, recording the handover and receipt of the extracted prisoner, registering the extraction tracking record, and handing over the extracted prisoner to the competent authority responsible for escorting and managing the extracted prisoner during the extraction period.

3. In cases where the extraction period is two months or longer and the extraction time equals the remaining time of the imprisonment sentence of the extracted prisoner, the agency transferring the extracted prisoner shall hand over the prisoner along with the file and papers, belongings, money, other assets (if any) of the extracted prisoner as stipulated in Clause 5, Article 40 of the Criminal Enforcement Law.

4. In cases where female prisoners with children under thirty-six months old are being extracted together from the place of serving the sentence, when conducting the handover of the extracted prisoner, the agency transferring the extracted prisoner must organize a health check for the child of the prisoner and hand over the child of the prisoner accompanied by a birth certificate or other documents as stipulated in Clause 2, Article 26 of the Criminal Enforcement Law to the agency receiving the extracted prisoner to arrange for them to stay together and implement the regime and policies for the prisoner and their child during the extraction period as prescribed by law.

5. In cases where the extension period of extraction is two months or longer and the extended extraction time equals the remaining time of the imprisonment sentence of the extracted prisoner, after receiving the warrant for extension of extraction, the agency receiving the extracted prisoner shall dispatch an officer carrying the warrant for extension of extraction and the documents as stipulated in Clause 1 of this Article to the agency currently managing the file of the extracted prisoner to receive the file of the extracted prisoner and the papers, belongings, money, other assets (if any) of the extracted prisoner.

5. 6. In cases where the extracted prisoner is within the period being reviewed and decided on reduction of the execution term of imprisonment by the competent court; conditional early release by the court but not yet effective, immediately after handing over the extracted prisoner, the agency transferring the extracted prisoner must notify in writing along with a copy of the warrant for extraction to the competent court reviewing or having decided on the reduction of the execution term of imprisonment, conditional early release for the extracted prisoner and the People's Procuracy at the same level as that court.

7. In cases where the handover and receipt of the prisoner named in the warrant for extraction cannot be carried out due to one of the following reasons: the prisoner is seriously ill and being treated at a medical facility; has died; has been temporarily suspended from serving the sentence; has escaped from the detention facility; has been transferred to another detention facility or has been released according to the decision of the competent authority, the agency receiving the extracted prisoner must immediately notify in writing to the agency requesting extraction, the agency issuing the warrant for extraction, and the criminal enforcement management agencies under the Ministry of Public Security and the Ministry of National Defense.

8. Within three working days from the date the medical facility confirms that the prisoner's health treatment is stable; the escaped prisoner has been recaptured or surrendered, the competent authority transferring the extracted prisoner must send a notification to the competent authority receiving the extracted prisoner to inform the judicial authorities who have requested extraction to consider and decide on continuing the request for extraction or proceeding with related litigation procedures concerning the extracted prisoner according to their jurisdiction.

Coordinating Management of Extracted Prisoners and Exchanging Information During the Extraction Period

Article 9. 1. In cases where the extracted prisoner is a suspect or defendant in a case under investigation, prosecution, or trial, the agency receiving the extracted prisoner must ensure the implementation of detention management regulations, food, accommodation, and living conditions for the extracted prisoner according to the Law on Temporary Detention and Custody and relevant legal documents during the extraction period.

2. In cases where the extracted prisoner is not a suspect or defendant in a case under investigation, prosecution, or trial, the agency receiving the extracted prisoner shall arrange detention and implement the regime for the extracted prisoner according to the Criminal Enforcement Law and relevant legal provisions, and simultaneously, after completing the classification of the execution of the imprisonment sentence, shall immediately send the classification result or a review of the results of compliance with the internal rules of the detention facility by the extracted prisoner to the agency currently managing the prisoner's file for consideration and preparation of a proposal to reduce the execution term of imprisonment or conditional early release for the extracted prisoner if they meet the conditions.

3. At least seven working days before the end of the extraction period, if not falling under the circumstances specified in point b, Clause 3, Article 10 of the Joint Circular, the detention facility currently managing the extracted prisoner must notify the expiration date of the extraction period to the agency that requested the extraction to proceed with the extension procedure for the case specified in Clause 1, Article 7 of the Joint Circular.

3. Not later than seven working days before the expiration of the extraction period, if it does not fall under the case prescribed in point b, Clause 3, Article 10 of this Joint Circular, the detention facility managing the detainee subject to extraction shall notify the extracting agency of the expiration date of the extraction period for the purpose of extending the extraction period as prescribed in Clause 1, Article 7 of this Joint Circular.

4. In cases where a prisoner is extracted for trial for another offense and the new judgment has not yet taken legal effect, the receiving authority shall continue to detain the prisoner until a new enforcement decision from the Court is issued. During the waiting period for the new enforcement decision from the Court, if the extraction period has expired, the procedures for requesting an extension of the extraction period shall be carried out according to point b, Clause 1, Article 7 of this Joint Circular.

5. Within three working days from the expiration date of the extraction period or the extended extraction period, if the authority that handed over the extracted prisoner has not received the prisoner back to continue enforcing the sentence as stipulated in Clause 8, Article 40 of the Criminal Execution Law, and has not received an extension order or notification from the authority that received the extracted prisoner regarding the reason why the prisoner has not been returned to continue enforcing the sentence, then the authority that handed over the extracted prisoner shall be responsible for sending a notification to the authority that received the extracted prisoner, the authority that issued the extraction order, except in cases provided for in Clause 5, Article 40 of the Criminal Execution Law.

6. In the event that during the extraction period, the extracted prisoner escapes from custody or dies, the authority receiving the extracted prisoner must immediately notify the competent investigative agency and the prosecution agency to coordinate in handling the matter according to the law and inform in writing the competent authority conducting criminal proceedings currently handling the case, the court that issued the execution decision, the authority that issued the extraction order, the place where the extracted prisoner was handed over, and the agencies managing criminal execution under the Ministry of Public Security and the Ministry of National Defense.

Article 10. Issuing a Certificate of Completion of Prison Sentence for Extracted Prisoners

1. The authority managing the file of the extracted prisoner shall be responsible for notifying the day when the extracted prisoner completes the prison sentence according to Clause 1, Article 46 of the Criminal Execution Law and sending a notification to the authority receiving the extracted prisoner to inform the competent authority conducting criminal proceedings currently handling the case.

2. If on the day the extracted prisoner completes the prison sentence of the judgment being served, the prisoner is still a suspect or defendant in another case, at least five working days before the completion date of the prison sentence, the authority receiving the extracted prisoner shall notify in writing the competent authority conducting criminal proceedings to consider and resolve the application of preventive measures against the prisoner.

3. On the last day of the term of imprisonment according to the judgment that the extracted prisoner is serving, the issuance of a certificate of completion of the prison sentence for the extracted prisoner shall be carried out as follows:

a) The authority that handed over the extracted prisoner and is currently managing the prisoner's file shall be responsible for processing the issuance of a certificate of completion of the prison sentence for the extracted prisoner and coordinating with the authority receiving the extracted prisoner to release the person according to Clause 2, Article 46 of the Criminal Execution Law if the person is not temporarily detained for another crime according to the decision of the competent authority conducting criminal proceedings.

b) The authority receiving the extracted prisoner shall be responsible for processing the issuance of a certificate of completion of the prison sentence and releasing the extracted prisoner if the extraction period or the extended extraction period is two months or more and the extraction period or the extended extraction period equals the remaining time of the prison sentence according to Clause 3, Article 46 of the Criminal Execution Law.

4. In cases where the extracted prisoner has been issued a certificate of completion of the prison sentence but is still a suspect or defendant in another case and the competent authority conducting criminal proceedings decides to temporarily detain the person, the authority receiving the extracted prisoner shall continue to detain the person at the detention facility. After the Court renders a judgment which takes legal effect and issues a decision to enforce the prison sentence, the procedures for enforcing the decision to enforce the prison sentence shall be carried out according to Article 23 of the Criminal Execution Law.

5. Within five working days from the date of issuing the certificate of completion of the prison sentence for the extracted person, the authority issuing the certificate of completion of the prison sentence shall send the certificate and a written notification to the authorities specified in Clause 5, Article 46 of the Criminal Execution Law, the authority that issued the extraction order, the authority, and the person conducting criminal proceedings currently handling the case.

Article 11. Coordination in Implementing Conditional Early Release for Extracted Convicts

1. The proposal to examine and prepare a dossier for conditional early release for extracted convicts shall be carried out in accordance with Clause 4 of Article 58 of the Criminal Execution Law and relevant laws.

2. In cases where extracted convicts meet the conditions for proposing conditional early release, within five working days from the date of preparing the dossier for conditional early release for extracted convicts, the agency preparing the dossier must notify in writing the agency receiving the extracted convict to promptly coordinate in exchanging information related to the extracted convict.

3. In cases where extracted convicts have been proposed for conditional early release but violate the internal regulations of the detention facility or commit acts violating the law, within three working days from the date the extracted convict commits the violation, the agency receiving the extracted convict must notify in writing along with the disciplinary decision against the convict, the record of violation of the internal regulations of the detention facility, or the document on the violation of the law to the agency that prepared the dossier for conditional early release to handle according to Article 70 and Clause 3 of Article 71 of the Criminal Execution Law.

4. Upon receipt of the decision on conditional early release issued by the Court while the agency receiving the extracted convict is still managing and detaining the convict, the agency managing the dossier of the extracted convict must immediately send a notification along with the decision on conditional early release to the prison, temporary detention center, or criminal enforcement agency of the district police force currently managing and detaining the extracted convict to serve the decision, announce it, and post the list at the detention facility.

5. Immediately after the decision on conditional early release becomes legally effective, if the agency receiving the extracted convict is still managing and detaining the convict, the agency managing the dossier of the extracted convict has the responsibility to issue a certificate of conditional early release and coordinate with the agency managing and detaining the extracted convict to organize the release of the convict.

Article 12. Returning Extracted Convicts to Continue Serving Sentences

1. At the end of the period specified in the extraction order, the extension order, or during the extraction period and extension period, if there is no need to continue extracting and it does not fall under any of the cases stipulated in Clauses 1, 4, and 5 of Article 7 of this Circular, the agency receiving the extracted convict must notify the agency issuing the extraction order and escort the extracted convict back along with a health examination form, an assessment of compliance with the internal regulations of the detention facility, and related documents during the extraction period to the agency that transferred the extracted convict for continued execution of the sentence.

2. In cases where extracted convicts are extracted for trial for another offense, the return of the extracted convict to the agency that transferred the convict for continued execution of the sentence shall be conducted when the new judgment becomes legally effective and a decision on enforcement is made.

3. The acceptance of extracted convicts returned to the agency that transferred the extracted convict to continue serving sentences shall be implemented in accordance with Clauses 2, 3, and 4 of Article 28 of the Criminal Execution Law.

4. In cases where extracted convicts are taken from temporary detention centers or holding facilities for investigation, prosecution, and trial, and after the trial, the convict no longer falls under the category of persons subject to temporary detention or custody as stipulated in Clause 2 of Article 195 of the Criminal Execution Law, within five working days from the date the agency receiving the extracted convict returns the convict to continue serving the sentence, the agency transferring the extracted convict must report to the criminal enforcement agency of the provincial public security department or the criminal enforcement agency of the military region to complete the dossier and establish a list reported to the criminal enforcement management agency under the Ministry of Public Security or the criminal enforcement management agency under the Ministry of National Defense to issue a decision to transfer the convict to the prison to serve the sentence.

Chapter III
PROCEDURES AND FORMS FOR EXTRACTION, HANDOVER, AND MANAGEMENT OF STUDENTS EXTRACTED
Article 13. Sending Request for Extraction, Issuing Extraction Order, and Executing Extraction Order for Students 

Article 13. Sending documents requesting extraction, issuing extraction orders, and implementing extraction orders for students

1. When there is a request for extraction, agencies and individuals authorized to conduct litigation under the People's Public Security and People's Armed Forces must send a request for extraction of students to the criminal enforcement management agency under the Ministry of Public Security; in cases where the Prosecutor's Office or the Court requests extraction, they must send the request for extraction to the criminal enforcement agency of the provincial public security department where the Prosecutor's Office or Court is located to proceed with the request for the criminal enforcement management agency under the Ministry of Public Security to issue an extraction order.

2. The request for extraction of students by agencies and individuals authorized to conduct litigation includes the following contents:

a) The requesting agency; name, position, title, signature of the authorized person requesting extraction, and stamp;

b) Name, date of birth, place of permanent residence of the student, date of arrest, charge, term of execution according to the judgment number and decision number, date, month, year of the Court, decision to place a person under 18 years old in a rehabilitation school; the status of participation in litigation of the extracted student;

c) Purpose and duration of extraction; agency or unit assigned to receive and escort the extracted student; detention facility where the student will be received and managed during the extraction period.

3. Within three working days from the date of receipt of the request for extraction, the criminal enforcement management agency under the Ministry of Public Security must issue an extraction order and send it to the rehabilitation school and the place receiving the extracted student for implementation.

4. The content of the extraction order shall be carried out in accordance with Clause 4 of Article 40 of the Criminal Execution Law.

5. Upon receiving the order for extraction, the agency entrusted with receiving and escorting the extracted student must dispatch an officer carrying an introduction letter, a People's Public Security identification card, an officer identification card, a professional military personnel identification card under the People's Army, or an investigator certification along with the extraction order to the educational institution where the student is currently being managed to receive and escort the student (in case the extraction order is sent via confidential mail, it must be confirmed and stamped by the provincial or district-level public security authority where the order is received).

6. The principal of the educational institution has the responsibility to check, hand over, and prepare a record of receipt and delivery of the extracted student together with personal belongings, money, and other assets (if any) to the competent authority responsible for receiving, escorting, and managing the student during the extraction period.

In cases where the extraction period and extension of the extraction period coincide with the remaining time of the decision enforcement of the student being extracted, the educational institution shall be responsible for processing according to the provisions of Clause 2, Article 156 of the Criminal Enforcement Law.

Article 14. Extension of Extraction of Students

1. In cases where the extraction period of a student expires but the competent authority continues to request extraction, at least five days before the expiration of the extraction period, based on the request and purpose, the authority that requested the extraction must submit a written proposal to the criminal enforcement management agency under the Ministry of Public Security to issue an order extending the extraction of the student.

2. The written proposal for extending the extraction of the student must clearly state the reasons, purpose, and duration of the extension.

3. Within three working days from the date of receipt of the proposal for extending the extraction, the criminal enforcement management agency under the Ministry of Public Security must issue an order extending the extraction. The extension order shall be sent to the agencies as stipulated in Clause 3, Article 13 of this Circular.

The duration of the extension of the extraction may not exceed the remaining time of the decision implementing the educational measure at the educational institution.

Article 15. Coordination in Managing and Exchanging Information about Students During the Execution of the Extraction Order and the Extension Order

1. In cases where the court with jurisdiction issues a decision to revoke the entire judgment or decision applying the educational measure at the educational institution for investigation, prosecution, and retrial, the agency receiving the extracted student must send a written notice accompanied by a copy of the decision revoking the entire judgment or decision applying the educational measure at the educational institution to the criminal enforcement management agency under the Ministry of Public Security and the educational institution where the extracted student is located. After the retrial by the court, if the extracted student is sentenced to imprisonment, the time spent on the educational measure at the educational institution will be counted towards the time serving the prison sentence.. If the extracted student is extracted for investigation, prosecution, and trial in another case, and the court sentences the extracted student to imprisonment, the remaining time of the educational measure at the educational institution will be exempted from execution.

2. In cases where the extracted student is within the period when the court with jurisdiction is considering and deciding to terminate early the implementation of the educational measure at the educational institution, immediately after handing over the extracted student, the educational institution must notify in writing along with a copy of the extraction order to the court with jurisdiction that is considering and deciding on the early termination of the implementation of the educational measure at the educational institution, informing them that the student has been extracted to a detention facility.

3. In the event of the death of the extracted student during the extraction period, the agency receiving the extracted student must immediately inform the Investigative Agency, the Prosecution Authority with jurisdiction to coordinate in handling the matter according to the law and notify in writing the criminal enforcement management agency under the Ministry of Public Security, the agency or person who requested the extraction, the educational institution that handed over the student, the court that issued the decision applying the educational measure at the educational institution, and the family of the student.

4. In the event that the extracted student escapes during the execution of the extraction order, the agency receiving the extracted student is responsible for issuing an order to search and organize the search while notifying the educational institution that handed over the extracted student. In cases where the extracted student reports themselves or is recaptured after the extraction order has expired, the agency receiving the extracted student is responsible for transferring the student back to the educational institution according to regulations; in cases where the requesting agency requires continued extraction, immediately after the student reports themselves or is recaptured, the agency receiving the extracted student shall prepare a written request to the criminal enforcement management agency under the Ministry of Public Security to extend the extraction.

Article 16. Return students who have been extracted to continue implementing the decision on educational judicial measures at the education center.

Upon expiration of the term specified in the extraction order or the extension order, or during the extraction period or extension period if the agency requesting extraction no longer requires continued extraction, the agency receiving the extracted student must notify the criminal enforcement management agency under the Ministry of Public Security and escort, transfer the extracted student along with an assessment of compliance with the internal regulations of the detention facility and related documents during the extraction and extension period to the education center where the student was transferred for continued implementation of the decision to apply educational judicial measures at the education center.

Chapter IV
IMPLEMENTING PROVISIONS 

Article 17. Effective Date

1. This Circular takes effect from August 1, 2020.

2. This Circular replaces Circular Joint No. 04/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC dated May 30, 2013 issued by the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy guiding the extraction of offenders for investigation, prosecution, and trial purposes.

Article 18. Responsibility for Implementation

The Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy are responsible for directing and organizing the consistent implementation of this Circular Joint.

During the implementation process, if there are any difficulties, each sector at the local level shall report to the superior agencies, namely the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy for timely unified explanation or guidance and resolution.