Joint Circular No. 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNN&PTNT-BTC-BTP stipulates the coordination in implementing certain provisions of the Criminal Procedure Code regarding the management and resolution of cases and matters temporarily suspended.

JOINT CIRCULAR

Regulations on coordination in implementing certain provisions of the Criminal Procedure Code concerning management and resolution of cases and matters temporarily suspended

regarding the management and resolution of cases and matters temporarily suspended 

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

Based on the Law on Legislative Activities dated June 22, 2015;

The Supreme Procurator of the Supreme People's Procuracy, the President of the Supreme People's Court, the Ministers of Public Security, National Defense, Agriculture and Rural Development, Finance, and Justice hereby jointly issue this Joint Circular regulating coordination in implementing certain provisions of the Criminal Procedure Code concerning management and resolution of cases and matters temporarily suspended.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular stipulates the coordination among competent authorities in conducting the following activities under the Criminal Procedure Code:

1. Management and resolution of cases temporarily suspended in the handling of reports of criminal offenses, information about criminal offenses, and requests for prosecution (hereinafter referred to as temporarily suspended cases);

2. Management and resolution of criminal cases temporarily suspended in investigation and prosecution (hereinafter referred to as temporarily suspended criminal cases);

3. Management and disposal of evidence, documents, items, and assets temporarily seized in temporarily suspended cases and matters;

4. Application and revocation of preventive measures and coercive measures in temporarily suspended cases and matters.

Article 2. Applicability

1. Investigation agencies at all levels of the People's Public Security, Investigation agencies at all levels of the People's Armed Forces, Investigation agency of the Supreme People's Procuracy (hereinafter referred to as Investigation agencies).

2. Agencies assigned to carry out some investigative activities as provided for in Clause 1, Article 35 of the Criminal Procedure Code.

3. People's Procuracy at all levels, Military Procuracy at all levels (hereinafter referred to as Procuracy).

4. People's Courts at all levels, Military Courts at all levels (hereinafter referred to as Courts).

5. Civil Enforcement Agencies at all levels.

6. Authorities with investigative powers as provided for in Clauses 1, 2, 3, 4, and 5 of this Article.

7. Other relevant agencies, organizations, and individuals.

Article 3. Management of temporarily suspended cases and matters

Management of temporarily suspended cases and matters includes the following activities:

1. Establishing files, transferring files, storing, preserving, and supplementing materials in the file of temporarily suspended cases and matters;

2. Checking, reporting, and statistics on the situation and results of handling temporarily suspended cases and matters.

1. Ensuring timely coordination and direction from central to local investigative agencies to promptly resolve difficulties and obstacles in the work of investigating, prosecuting, and trying money laundering and terrorist financing offenses.

1. Ensuring compliance with the functions and tasks of each agency as prescribed by law.

2. Being carried out regularly, ensuring prompt and timely resolution of cases and matters in accordance with the law.

3. Ensuring state secrets and work secrets as prescribed by law and regulations of each sector.

Chapter II

CONTENTS OF COORDINATION

Article 5. Management and Resolution of Temporarily Suspended Cases

1. Investigation agencies, agencies assigned to carry out some investigative activities (collectively referred to as competent investigative agencies), and Procuracy shall implement temporary suspension and resumption of handling reports of criminal offenses, information about criminal offenses, and requests for prosecution according to the grounds, authority, procedures, and formalities prescribed in Articles 147, 148, and 149 of the Criminal Procedure Code, and Articles 9 and 11 of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy on coordination among competent agencies in implementing certain provisions of the Criminal Procedure Code 2015 regarding receipt and handling of reports of criminal offenses, information about criminal offenses, and requests for prosecution.

2. When there is one of the grounds for temporarily suspending the handling of a case as prescribed in Clause 1, Article 148 of the Criminal Procedure Code, at least five days before the expiration of the deadline for handling reports of criminal offenses, information about criminal offenses, and requests for prosecution, Investigators, Investigative Officers, and Prosecutors shall cooperate in reviewing materials and evidence to ensure that the temporary suspension of the handling of the case has grounds and complies with the law; the cooperation in reviewing and evaluating materials and evidence between Investigators, Investigative Officers, and Prosecutors must be recorded in a record, filed in the case file, and the supervision file. In case of disagreement, Investigators and Investigative Officers shall cooperate with Prosecutors to report to the leadership of the competent investigative agency and the Procuracy to organize meetings or exchange in writing to resolve unresolved issues.

3. The decision to temporarily suspend the handling of a case shall be implemented according to the form prescribed by the Minister of Public Security and the Supreme Procurator of the Supreme People's Procuracy.

4. Competent investigative agencies and Procuracy have the responsibility to assign personnel to monitor and manage the file of temporarily suspended cases; periodically (monthly, every six months, annually) coordinate in reviewing temporarily suspended cases to urge resumption of handling when there is no longer a reason for temporary suspension.

5. When a case is temporarily suspended, the competent investigative agency and Procuracy shall only apply measures to resolve the reasons for temporary suspension.

For cases that have been temporarily suspended and have exceeded the statute of limitations for criminal liability, the competent investigative agency shall exchange written opinions with the Procuracy before issuing a decision not to initiate a criminal case. Determination of the statute of limitations in such cases shall be based on the content of reports of criminal offenses, information about criminal offenses, and requests for prosecution regarding the type of offense under the provision of the Penal Code that has been investigated and verified by the competent investigative agencies; if it cannot be determined which provision of the Penal Code applies, the determination of the statute of limitations shall be based on the penalty range in the basic elements of that provision.

6. For reports of criminal offenses, information about criminal offenses, and requests for prosecution that were temporarily suspended before the Criminal Procedure Code 2015 came into effect, the competent investigative agency shall proactively exchange and reach written agreement with the Procuracy to review, classify, and handle as follows:

a) For cases that have exceeded the statute of limitations for criminal liability, a decision not to initiate a criminal case shall be issued.

b) For cases still within the statute of limitations for criminal responsibility, they shall be resolved in accordance with the provisions of the Criminal Procedure Code 2015 regarding the handling of reports of criminal offenses, accusations, and requests for prosecution.

Article 6. Suspension of Investigation

1. The coordination between the competent investigation authority and the Prosecutor's Office on the suspension of investigation shall be carried out in accordance with the provisions of Clause 32 of Circular Joint Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP dated October 19, 2018 issued by the Supreme People's Procuracy, Ministry of Public Security, and Ministry of National Defense on the coordination between Investigative Agencies and the Prosecutor's Office in implementing certain provisions of the Criminal Procedure Code.

2. In cases where the suspension of investigation is provided for in Point b, Clause 1, Article 229 of the Criminal Procedure Code, the competent investigative authority shall issue a decision to suspend the investigation when the Prosecutor decides to apply compulsory medical treatment for mental illness or when the competent authority concludes that the suspect suffers from a serious illness.

3. When there are grounds for suspending the investigation as stipulated in Article 229 of the Criminal Procedure Code, and if it is necessary to coordinate on the management and handling of evidence, documents, items, and temporarily detained assets; the application, revocation of preventive measures, coercive measures (if any), and the reasons for the suspension, then at least ten days before the end of the investigation period, the competent investigative authority shall exchange written communications with the Prosecutor's Office prior to issuing a decision to suspend the investigation.

4. In cases where the suspension of investigation applies to each suspect as provided for in Clause 2, Article 229 of the Criminal Procedure Code, the competent investigative authority shall carry out the following:

a) Issue a decision to suspend the investigation of the criminal case against the suspect and a decision to suspend the investigation of the suspect;

b) Prepare a file for the suspension of investigation for each suspect; the file includes procedural decisions, documents, and evidence in the case file related to the suspended suspect. Procedural decisions, documents, and evidence must be original copies or certified true copies. The certification process shall be carried out in accordance with the regulations of relevant ministries and sectors.

5. The decision to suspend the investigation shall be implemented according to the model prescribed by the Minister of Public Security.

The sending and notification of the decision to suspend the investigation shall be carried out in accordance with the provisions of Clause 3, Article 229 of the Criminal Procedure Code.

In cases where the criminal case is initiated by the agency assigned to conduct some investigative activities and then transferred to the Investigative Agency for resolution within its jurisdiction, when the Investigative Agency issues a decision to suspend the investigation, it must notify in writing the agency assigned to conduct some investigative activities.

6. The preparation and management of files for suspended investigations shall be carried out in accordance with the provisions of the Criminal Procedure Code, this Joint Circular, and the regulations of the Minister of Public Security.

7. When a case is suspended for investigation, the competent investigative authority may only apply measures to resolve the reasons for the suspension.

Article 7. Resumption and Termination of Investigation for Cases Previously Suspended During the Investigation Stage

Periodically (monthly, every six months, annually), the competent investigative authority and the Prosecutor's Office shall cooperate to review, compare, classify suspended investigation cases, and handle them accordingly:

1. For cases where there are grounds to revoke the decision to suspend the investigation and the statute of limitations for criminal responsibility has not expired, the competent investigative authority shall issue a decision to resume the investigation in accordance with Article 235 of the Criminal Procedure Code. The decision to resume the investigation shall be implemented according to the model prescribed by the Minister of Public Security;

2. For cases that have been suspended for investigation but the statute of limitations for criminal responsibility has expired, the competent investigative authority shall exchange written communications with the Prosecutor's Office prior to issuing a decision to terminate the investigation without having to issue a decision to resume the investigation;

3. The determination of the statute of limitations for criminal responsibility as provided for in Clauses 1 and 2 of this Article shall be based on the provisions of Articles 27 and 28 of the Penal Code and the classification of crimes according to the articles and clauses of the Penal Code recorded in the decision to initiate the case and the decision to prosecute the suspect. If the decision to initiate the case or the decision to prosecute the suspect only records the article and does not record the clause, and during the investigation, the criminal act has not been clearly proven to fall under which clause of that article, the determination of the statute of limitations shall be based on the basic sentencing range of that article;

4. For cases currently suspended for investigation that have one of the grounds for terminating the investigation as provided for in Point a, Clause 1, Article 230 of the Criminal Procedure Code, Resolution No. 32/1999/QH10 dated December 21, 1999 of the National Assembly on the implementation of the Penal Code 1999 (hereinafter referred to as Resolution No. 32/1999), Resolution No. 33/2009/QH12 dated June 19, 2009 of the National Assembly on the implementation of the Law Amending and Supplementing Certain Provisions of the Penal Code 1999 (hereinafter referred to as Resolution No. 33/2009), Resolution No. 41/2017/QH14 dated June 20, 2017 of the National Assembly on the implementation of Penal Code No. 100/2015/QH13 amended and supplemented by Law No. 12/2017/QH14 and the effectiveness of the Criminal Procedure Code No. 101/2015/QH13, Law on Organizing Criminal Investigation Agencies No. 99/2015/QH13, Law on Temporary Detention No. 94/2015/QH13 (hereinafter referred to as Resolution No. 41/2017) and the statute of limitations for criminal responsibility has not expired, the competent investigative authority shall exchange written communications with the Prosecutor's Office prior to issuing a decision to resume the investigation of the case, immediately conducting investigative activities to investigate and verify the grounds for termination, concluding the investigation, and issuing a decision to terminate the investigation;

5. The transfer, sending, and notification of decisions to terminate the investigation and decisions to resume the investigation shall be carried out in accordance with the provisions of Clause 4, Article 232 and Clause 2, Article 235 of the Criminal Procedure Code.

In cases where the criminal case is initiated by the agency assigned to conduct some investigative activities and then transferred to the Investigative Agency for investigation within its jurisdiction, when the Investigative Agency issues a decision to resume the investigation or a decision to terminate the investigation, it must notify in writing the agency assigned to conduct some investigative activities.

Not later than two days from the date of the decision to suspend the investigation, the competent investigative authority shall send the decision to suspend the investigation along with the case file to the Office of the Prosecutor for supervision in accordance with Clause 3, Article 230 of the Criminal Procedure Code.

Article 8. Temporary suspension of the case during the prosecution stage

1. In cases where there are grounds for temporarily suspending the case as provided for in Point a, Clause 1, Article 247 of the Criminal Procedure Code, the Office of the Prosecutor shall issue a decision to temporarily suspend the case together with the decision on applying compulsory mental health treatment measures or when the competent authority concludes the serious illness condition of the suspect.

2. In cases where there are grounds for temporarily suspending the case as provided for in Points b and c, Clause 1, Article 247 of the Criminal Procedure Code, before the expiration of the time limit for deciding to prosecute, the Office of the Prosecutor shall consider whether to decide to temporarily suspend the case or extend the time limit for deciding to prosecute.

3. In cases where a decision to temporarily suspend the case is made under Clause 1 and Clause 2 of this Article, the Office of the Prosecutor must consider decisions regarding the management and handling of evidence, documents, items, and property held in custody; the application or revocation of preventive measures and coercive measures (if any), and the urging of remedying the reasons for temporary suspension.

4. Before issuing a decision to temporarily suspend the case, the Office of the Prosecutor must review and evaluate all evidence to decide whether to temporarily suspend the case or temporarily suspend the case for each suspect. In cases where the Office of the Prosecutor decides to temporarily suspend the case for each suspect as provided for in Clause 2, Article 247 of the Criminal Procedure Code, it shall be carried out as follows:

a) Issuing a decision to temporarily suspend the case for the suspect;

b) Establishing a case file for temporarily suspended cases at the prosecution stage for each suspect; the file includes procedural decisions, documents, and evidence in the case file related to the temporarily suspended suspect. Procedural decisions, documents, and evidence must be original copies or certified true copies. The certification process is carried out in accordance with the regulations of the Supreme People's Procuracy.

5. The decision to temporarily suspend the case shall be implemented in accordance with Clause 2, Article 247 of the Criminal Procedure Code and the model prescribed by the Chief of the Supreme People's Procuracy.

The transfer, delivery, and notification of the decision to temporarily suspend the case shall be carried out in accordance with Clauses 2 and 3, Article 240 of the Criminal Procedure Code.

6. The establishment and management of case files for temporarily suspended cases shall be carried out in accordance with the provisions of the Criminal Procedure Code, this Joint Circular, and the regulations of the Chief of the Supreme People's Procuracy.

7. After issuing the decision to temporarily suspend the case, the Office of the Prosecutor shall only apply measures to resolve the reasons for temporary suspension.

8. In cases where the case is temporarily suspended due to the suspect fleeing, after the suspect is captured through a manhunt, the investigative agency that has taken charge of the case shall promptly notify the Office of the Prosecutor to consider resuming the case.

Article 9. Resumption and Suspension of Cases That Have Been Temporarily Suspended During the Prosecution Stage

1. When there are grounds to revoke the decision to temporarily suspend the case and the statute of limitations for criminal responsibility still applies, the Office of the Prosecutor shall issue a decision to resume the case in accordance with Clause 1, Article 249 of the Criminal Procedure Code.

2. For cases that have been temporarily suspended but the statute of limitations for criminal responsibility has expired, the Office of the Prosecutor shall immediately issue a decision to suspend the case without having to issue a decision to resume the case.

3. For cases that are currently temporarily suspended and have one of the grounds for suspension as provided for in Clause 1, Article 248 of the Criminal Procedure Code, Resolution No. 32/1999, Resolution No. 33/2009, and Resolution No. 41/2017, and the statute of limitations for criminal responsibility still applies, the Office of the Prosecutor must issue a decision to resume the case, immediately carry out investigative activities to verify the grounds for suspension, and issue a decision to suspend the case.

4. Determination of the statute of limitations for criminal responsibility according to Clauses 1 and 2 of this Article shall be carried out in accordance with Clause 3, Article 7 of this Joint Circular. In cases where the investigation conclusion determines that the suspect commits a crime under a different clause of the Criminal Code compared to the clause recorded in the decision to initiate the case or the decision to initiate charges against the suspect, the determination of the statute of limitations for criminal responsibility shall be based on the clause recorded in the investigation conclusion.

5. The transfer, delivery, and notification of the decision to resume the case and the decision to suspend the case shall be carried out in accordance with Clause 2, Article 240 and Clause 3, Article 249 of the Criminal Procedure Code.

Article 10. Suspension of the case during the trial stage

1. In cases where the case is suspended according to point b, Clause 1, Article 229 of the Criminal Procedure Code and it is necessary to apply compulsory medical treatment measures, the Court shall issue a decision to suspend the case together with the decision to apply compulsory medical treatment measures.

In cases where the suspension of the case at the trial session is decided by the Bench according to Clause 1, Article 290, Clause 4, and point d, Clause 6, Article 326 of the Criminal Procedure Code.

2. In cases where the case is suspended according to Clause 1, Article 281 of the Criminal Procedure Code, before the preparation for trial period expires, the Court shall consider the decision to suspend the case or extend the preparation for trial period.

3. When deciding to suspend the case according to Clause 1 and Clause 2 of this Article, the Court must consider the decision on managing and handling evidence, documents, items, temporarily detained assets; applying, revoking preventive measures, coercive measures (if any); and urging the resolution of the reasons for suspending the case.

4. Before issuing a decision to suspend the case, the Court must review and evaluate all evidence to decide whether to suspend the case or suspend the case for each suspect or defendant. In cases where the case is suspended for each suspect or defendant according to Clause 2, Article 281 of the Criminal Procedure Code, the Court shall proceed as follows:

a) Issue a decision to suspend the case against the suspect, and a decision to suspend the case against the defendant;

b) Prepare a file for the suspended case at the trial stage for each suspect and defendant; the file includes procedural decisions, documents, and evidence in the case file related to the suspended suspects and defendants. Procedural decisions, documents, and evidence must be original copies or certified true copies. The certification process shall be carried out in accordance with the regulations of the Supreme People's Court.

5. The delivery and transmission of the decision to suspend the case shall be implemented according to Clause 2 and Clause 3 of Article 286 of the Criminal Procedure Code.

6. The establishment and management of files for suspended cases shall be implemented according to the provisions of the Criminal Procedure Code, this Circular, and the regulations of the President of the Supreme People's Court.

7. After issuing the decision to suspend the case, the Court shall only apply measures to resolve the reasons for suspending the case.

8. In cases where the case is suspended due to the suspect or defendant fleeing, after the suspect or defendant is captured through a manhunt, the investigation agency that has taken charge of the case shall promptly notify the Court so that the Court may consider resuming the case.

Article 11. Resumption, termination of cases that have been suspended during the trial stage

1. When there are grounds to revoke the decision to suspend the case and the statute of limitations for criminal prosecution still applies, the Court shall issue a decision to resume the case according to Clause 1, Article 283 of the Criminal Procedure Code.

2. For cases that have been suspended but the statute of limitations for criminal prosecution has expired, the Court shall immediately issue a decision to terminate the case without having to issue a decision to resume the case.

3. For cases that are currently suspended and have one of the grounds for termination according to point a, Clause 1, Article 282 of the Criminal Procedure Code (except in cases where the statute of limitations for criminal prosecution has expired), Resolution No. 32/1999, Resolution No. 33/2009, Resolution No. 41/2017, and the statute of limitations for criminal prosecution still applies, the Court must issue a decision to resume the case, immediately carry out investigative activities to verify the grounds for termination, and issue a decision to terminate the case.

4. Determining the statute of limitations for criminal prosecution according to Clause 1 and Clause 2 of this Article shall be carried out according to Clause 3, Article 7 of this Circular. In cases where the indictment charges the suspect with a crime under a different article or clause of the Penal Code than those recorded in the decision to initiate the case or the decision to initiate prosecution against the suspect, the determination of the statute of limitations for criminal prosecution shall be based on the article or clause of the Penal Code recorded in the indictment.

Article 12. Application and revocation of preventive measures, coercive measures in suspended cases

1. After issuing a decision to suspend the case, the competent authority conducting proceedings must review and decide to revoke all preventive measures that have been applied.

2. When deciding to suspend the case, the competent authorities conducting proceedings shall uniformly examine and decide in writing on the continued application of asset seizure and bank account freezing measures in accordance with the Criminal Procedure Code to ensure the resolution of the case.

Article 13. Management and handling of evidence, documents, objects, temporarily detained assets in suspended cases

1. The management and handling of evidence, documents, objects, and temporarily detained assets in suspended cases shall be carried out in accordance with point d, Clause 1, Article 90 and Clause 3, Article 106 of the Criminal Procedure Code. In cases where the handling of evidence, documents, objects, and temporarily detained assets is complex, the competent authorities conducting proceedings shall exchange and unify in writing the handling measures before making a decision to handle.

2. The decision to handle evidence, documents, objects, and temporarily detained assets shall be immediately sent to the evidence management agency, temporarily detained asset management agency, and relevant persons for implementation. In cases where the case is suspended but the evidence, documents, objects, and temporarily detained assets are not handled, the agency issuing the decision shall notify the evidence management agency and temporarily detained asset management agency to continue preserving them. During the management process, if evidence or temporarily detained assets are found to be damaged, deteriorated, or potentially causing safety issues, the managing agency or person shall promptly notify the agency issuing the suspension decision to take appropriate measures.

Article 14. Establishment and management of case files in suspended cases

1. The competent investigation authority, Prosecutor's Office, and Court shall cooperate in establishing and managing case files of suspended cases as follows:

a) Assigning a focal point to monitor and regularly exchange issues related to suspended cases;

b) Fully and accurately tallying the number of suspended cases arising weekly and monthly; the total number of suspended cases monitored by their own agency;

c) Closely monitoring and managing case files of suspended cases; the statute of limitations for criminal responsibility of each case; the supplementation of evidence and materials into the case file (if applicable); the resolution of reasons for suspension; timely issuance of decisions to resolve cases when conditions are met.

2. Periodically (monthly, every six months, annually), the Prosecutor's Office shall lead and coordinate with the competent authorities conducting proceedings to review, compare, classify, and unify the handling and resolution of suspended cases as follows:

a) The competent investigation authority shall cooperate with the Prosecutor's Office to remove cases from the list of suspended cases where there is a decision to resume the prosecution of complaints, reports of crimes, and recommendations for indictment;

b) The competent investigation authority shall cooperate with the Prosecutor's Office to remove cases from the list of suspended investigations where there is a decision to terminate the investigation, terminate the investigation of the case against the suspect, or a decision to resume the investigation;

c) The Prosecutor's Office and Court shall proactively remove cases from the list of suspended cases where there is a decision to terminate the case, terminate the case against the suspect or defendant, or a decision to resume the case.

Article 15. Information, Statistics, and Reporting System

1. Based on the results of review and classification, depending on each specific case, the competent investigative authority, the Office of the Prosecutor, and the Court shall promptly unify viewpoints and measures to handle and resolve suspended cases; if there is no agreement, the agency handling the case shall take the lead and coordinate with other competent authorities at the same level to report to the superior authority for guidance on resolution.

2. Periodically (monthly, every six months, annually), the Office of the Prosecutor shall take the lead and coordinate with the competent investigative authority and the Court to organize reviews and classifications of suspended cases within their monitoring responsibilities to build statistical reports. The inter-sectoral statistical report on suspended cases includes detailed contents such as statistical data accompanied by analysis and evaluation, classification, and handling and resolution of suspended cases under the responsibility of each level and sector.

3. The statistics of cases terminated due to the suspension of the criminal prosecution time limit, and cases not initiated as criminal cases due to the expiration of the prosecution time limit while the cases are suspended, shall be recorded in a separate section in the general statistical report.

4. The establishment, comparison, and submission of statistical reports on suspended cases shall be carried out in accordance with Circular Joint Circular No. 05/2018/TTLT-VKSNDTC-TANDTC-BCA-BQP dated November 12, 2018, issued by the Supreme People's Office of the Prosecutor, the Supreme People's Court, the Ministry of Public Security, and the Ministry of National Defense, which stipulates cooperation among agencies in implementing criminal statistics.

Chapter III

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular Joint Circular takes effect from July 15, 2020.

Article 17. Implementation Organization

1. The Supreme People's Office of the Prosecutor, 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 organizing the implementation of this Circular Joint Circular within their respective functions, tasks, and powers.

2. From the date of signing this Circular Joint Circular, the agencies mentioned in Clause 1 of this Article must review suspended cases within their monitoring responsibilities; once this Circular Joint Circular takes effect, they shall issue decisions to terminate suspended cases and decisions not to initiate criminal cases for suspended cases that have exceeded the prosecution time limit.

In cases where the files, documents, and evidence in suspended cases are missing or damaged, they must be promptly remedied and completed to examine and resolve according to the provisions of the Criminal Procedure Code and this Circular Joint Circular.

Article 18. Amendment and Supplement to the Circular Joint Circular

During the implementation of this Circular Joint Circular, if there are difficulties or issues requiring supplementation, they shall be promptly reported to the Supreme People's Office of the Prosecutor, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, the Ministry of Finance, and the Ministry of Justice for consideration, guidance on implementation, or amendment and supplementation as appropriate.