JOINT CIRCULAR No. 01/2021/TTLT-VKSNDTC-BCA-BQP-BNN&PTNT-BTC detailing the application of grounds for temporary suspension due to force majeure caused by natural disasters and epidemics under Point c Clause 1 Article 148, Point d Clause 1 Article 229, and Point d Clause 1 Article 247 of the Criminal Procedure Code

Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

VThe Procurator of the Supreme People's Procuracy, the Minister of Public Security, the Minister of National Defense, the Minister of Agriculture and Rural Development, and the Minister of Finance jointly promulgated this Circular detailing the application of grounds for temporary suspension due to force majeure caused by natural disasters and epidemics as stipulated in Point c Clause 1 Article 148, Point d Clause 1 Article 229, and Point d Clause 1 Article 247 of the Criminal Procedure Code.

Article 1. Scope of Regulation and Applicability

1. This Circular details the application of grounds for temporary suspension due to force majeure caused by natural disasters and epidemics as stipulated in Point c Clause 1 Article 148, Point d Clause 1 Article 229, and Point d Clause 1 Article 247 of the Criminal Procedure Code, including the following contents:

a) Principles for applying grounds for temporary suspension due to force majeure caused by natural disasters and epidemics;

b) Temporary suspension due to force majeure caused by natural disasters;

c) Temporary suspension due to force majeure caused by epidemics;

d) Coordination in managing and resolving cases temporarily suspended due to force majeure caused by natural disasters and epidemics.

2. This Circular applies to:

a) Investigation agencies at all levels of the Public Security Organs, investigation agencies at all levels of the People's Armed Forces, investigation agency of the Supreme People's Procuracy, and investigation agency of the Central Military Procuracy;

b) Agencies assigned tasks to carry out certain investigative activities as provided for in Clause 1 Article 35 of the Criminal Procedure Code;

c) People's Procuracy at all levels and Military Procuracy at all levels;

d) Persons with authority to conduct criminal proceedings under the agencies specified in Points a, b, and c of this clause.

đ) Other agencies, organizations, individuals related to the matter;

Article 2. Principles for Applying Grounds for Temporary Suspension Due to Force Majeure Caused by Natural Disasters and Epidemics

When applying grounds for temporary suspension due to force majeure caused by natural disasters and epidemics as stipulated in Point c Clause 1 Article 148, Point d Clause 1 Article 229, and Point d Clause 1 Article 247 of the Criminal Procedure Code, the agencies and persons with authority to conduct criminal proceedings must implement the following principles:

1. Compliance with the provisions of the Criminal Procedure Code and other relevant laws;

2. Application only when there are sufficient grounds as prescribed in Articles 3 and 4 of this Circular;

3. Ensuring the rights of individuals and the legitimate rights and interests of related organizations and individuals;

4. Ensuring caution when deciding to apply to each specific case, strictly prohibiting abuse;

5. Ensuring crime control without affecting the resolution of cases when resumed.

Article 3. Temporary Suspension Due to Force Majeure Caused by Natural Disasters

1. Agencies and persons with authority to conduct criminal proceedings may only temporarily suspend the resolution of cases due to force majeure caused by natural disasters as stipulated in Point c Clause 1 Article 148, Point d Clause 1 Article 229, or Point d Clause 1 Article 247 of the Criminal Procedure Code when there are sufficient grounds as follows:

a) All necessary measures have been applied according to the law but it is still impossible to proceed with one or more investigative activities to conclude the handling of reports of crimes, requests for prosecution, or decisions on prosecution due to one of the situations prescribed in Clause 2 of this Article;

b) The time limit for handling reports of crimes, requests for prosecution, or decisions on prosecution has expired.

2. Situations of force majeure caused by natural disasters:

a) Participants in the proceedings or agencies and persons with authority to conduct criminal proceedings are located in areas declared to be in a state of emergency due to natural disasters or areas with emergency situations due to natural disasters as prescribed by laws on emergency situations and laws on disaster prevention and control;

b) Locations where investigative activities need to be carried out are in areas declared to be in a state of emergency due to natural disasters or areas with emergency situations due to natural disasters as prescribed by laws on emergency situations and laws on disaster prevention and control.

Article 4. Suspension due to force majeure caused by epidemics

1. Authorities and persons with jurisdiction to conduct criminal proceedings may only suspend the handling of cases due to force majeure caused by epidemics as stipulated in point c, Clause 1, Article 148, point d, Clause 1, Article 229, or point d, Clause 1, Article 247 of the Criminal Procedure Code when there are sufficient grounds as follows:

a) All necessary measures have been applied according to the law but it is still impossible to proceed with one or more investigative activities to conclude the handling of reports of crimes, requests for prosecution, or decisions on prosecution due to one of the situations prescribed in Clause 2 of this Article;

b) The time limit for handling reports of crimes, requests for prosecution, or decisions on prosecution has expired.

2. Cases of force majeure caused by epidemics:

a) Participants in criminal proceedings, authorities, or persons with jurisdiction to conduct criminal proceedings, or locations where criminal proceedings need to be conducted are located in areas declared under emergency status due to epidemics according to the laws on emergency situations and laws on prevention and control of infectious diseases;

b) Participants in criminal proceedings are under medical quarantine according to the decision of authorities or persons with jurisdiction due to contracting a disease belonging to Group A or due to other circumstances related to diseases belonging to Group A according to the laws on prevention and control of infectious diseases;

c) Participants in criminal proceedings, authorities, or persons with jurisdiction to conduct criminal proceedings, or locations where criminal proceedings need to be conducted are located in areas declared under emergency status due to epidemics according to

Article 5. Coordination in managing and resolving cases suspended due to force majeure caused by natural disasters and epidemics

The coordination in managing and resolving cases suspended due to force majeure; resuming the handling of reports of crimes, accusations, and recommendations for prosecution; resuming or terminating investigations for cases that have been suspended during the investigation phase; resuming or terminating cases that have been suspended during the prosecution phase; applying or revoking preventive measures and coercive measures; managing and disposing of evidence, documents, items, and assets temporarily seized in suspended cases; establishing files and managing files of suspended cases; implementing information, statistics, and reporting systems for cases suspended due to force majeure caused by natural disasters and epidemics shall be carried out in accordance with the provisions of the Criminal Procedure Code and Circular Joint No. 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNNPTNT-BTC-BTP dated June 1, 2020 issued by the Prosecutor General of the Supreme People's Procuracy, the President of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Agriculture and Rural Development, the Minister of Finance, and the Minister of Justice regarding the implementation of certain provisions of the Criminal Procedure Code on managing and resolving suspended cases.

Article 6. Implementation Provisions

1. This Circular takes effect from December 1, 2021.

2. The Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, and the Ministry of Finance shall be responsible for organizing the implementation of this Circular within their respective functions, tasks, and powers. During the implementation of this Circular, if there are difficulties or issues requiring supplementation, they shall promptly report to the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, and the Ministry of Finance for consideration, guidance on implementation, or amendment and supplementation as appropriate.

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