Joint Circular No. 01/2022/TTLT-VKSNDTC-TANDTC-BCA-BQP-BLDTBXH stipulates on the coordination among competent authorities in receiving, handling reports of criminal offenses, requests for prosecution, investigation, prosecution, and first-instance trial of cases involving sexual abuse of persons under 18 years old.

JOINT CIRCULAR

Regulations on coordination among competent authorities in receiving,

handling complaints, reports about criminal offenses, requests for prosecution, investigation, prosecution,

trial at first instance cases of sexual abuse persons under 18 years old

 

 

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 Organization of Criminal Investigation Agencies dated November 26, 2015;

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;

Pursuant to Resolution No. 121/2020/QH14 dated June 19, 2020 of the National Assembly on further strengthening the effectiveness of implementation of policies and laws on prevention and combat against sexual abuse of children;

The Supreme People's Procurator, the President of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Labor - War Invalids and Social Affairs jointly issue regulations on coordination among competent authorities in receiving, handling complaints, reports about criminal offenses, requests for prosecution, investigation, prosecution, trial at first instance cases of sexual abuse of persons under 18 years old. These regulations apply to coordination among competent authorities in implementing certain provisions of the Criminal Procedure Code regarding receiving, handling complaints, reports about criminal offenses, requests for prosecution, investigation, prosecution, trial at first instance cases of sexual abuse of persons under 18 years old.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. These joint circulars regulate the coordination relationship among competent authorities in implementing certain provisions of the Criminal Procedure Code concerning receiving, handling complaints, reports about criminal offenses, requests for prosecution, investigation, prosecution, trial at first instance cases of sexual abuse of persons under 18 years old.

2. These joint circulars shall apply to the following entities:

a) Competent agencies and individuals authorized to conduct criminal proceedings;

b) Labor - War Invalids and Social Affairs agencies at all levels and other agencies, organizations, and individuals as prescribed by law;

c) Persons accused, persons requested for prosecution, persons held in urgent circumstances, persons charged with crimes, witnesses; persons under 18 years old who have been sexually abused.

Article 2. Principles of Coordination

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

2. Ensuring regular, prompt, and timely coordination.

3. Respecting, protecting, and ensuring human rights, dignity, personality, and other legitimate rights and interests of persons under 18 years old who have been sexually abused, persons accused, persons requested for prosecution, persons held in urgent circumstances, persons charged with crimes, and witnesses.

4. Protecting personal information of persons under 18 years old who have been sexually abused, persons reporting, and persons providing information related to the sexual abuse of persons under 18 years old.

5. Ensuring compliance with the provisions of the Criminal Procedure Code and relevant legal documents.

Article 3. Responsibilities for Coordination of Agencies, Organizations, and Individuals

1. Competent agencies and individuals authorized to conduct criminal proceedings, Labor - War Invalids and Social Affairs agencies at all levels, and other agencies, organizations, and individuals within their functions and tasks when participating in handling complaints, reports about criminal offenses, requests for prosecution, investigation, prosecution, trial at first instance cases of sexual abuse of persons under 18 years old shall be responsible for closely coordinating to implement the following contents:

a) Protecting personal information of persons under 18 years old who have been sexually abused; taking timely measures to eliminate risks that may lead to continued harm to life, health, dignity, personality, and other legitimate rights and interests of persons under 18 years old;

b) Promptly collecting and preserving evidence, and quickly conducting medical examinations and treatments, and providing psychological support to persons under 18 years old who have been sexually abused, ensuring the prompt, timely, and lawful handling of complaints, reports about criminal offenses, requests for prosecution, investigation, prosecution, and trial at first instance cases;

c) Ensuring the right to representation, defense, and protection of legitimate rights and interests of persons under 18 years old during criminal proceedings;

d) Implementing other activities during the handling of complaints, reports about criminal offenses, requests for prosecution, investigation, prosecution, and trial at first instance cases of sexual abuse of persons under 18 years old in accordance with the law.

2. When persons accused, persons requested for prosecution, persons charged with crimes, witnesses, and persons under 18 years old participate in criminal proceedings, competent agencies and individuals authorized to conduct criminal proceedings must coordinate with relevant agencies, organizations, and individuals to protect and create favorable conditions for them to study and work while participating in criminal proceedings smoothly.

Article 4. Ensuring the rights and legitimate interests of persons under 18 years old in litigation activities

The coordination in appointing guardians, representatives, legal aid providers, and defense counsel to participate in litigation to protect the rights and legitimate interests of accused persons, persons subject to prosecution recommendations, persons charged with offenses, and persons under 18 years old who have been sexually abused shall be carried out in accordance with the provisions of Articles 8, 9, and 10 of Circular Joint Circular No. 06/2018/TTLT-VKSNDTC-TANDTC-BCA-BTP-BLDTBXH dated December 21, 2018, issued by the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Labor, Invalids and Social Affairs on coordinating the implementation of certain provisions of the Criminal Procedure Code concerning litigation procedures for persons under 18 years old (hereinafter referred to as Joint Circular No. 06/2018).

Article 5. Collection, preservation, evaluation, and use of evidence

1. Authorities with jurisdiction to conduct litigation proceedings, persons with jurisdiction to conduct litigation proceedings, and organizations, institutions, and individuals related thereto within their scope of duties and powers shall be responsible for closely coordinating in the collection, preservation, evaluation, and use of evidence to prove acts of sexual abuse against persons under 18 years old.

2. Upon discovering acts of sexual abuse against persons under 18 years old, the competent authority must promptly coordinate with medical examination and treatment facilities or authorized bodies to examine the body of the sexually abused person, collecting biological traces to prove the act of sexual abuse.

3. The collection of evidence to prove acts of sexual abuse against persons under 18 years old must be timely, starting from when the incident is discovered, ensuring both the collection of evidence and immediate response to emergency situations involving the sexually abused person, minimizing the number of times statements are taken from persons under 18 years old who have been sexually abused. For cases of sexual abuse against persons under 18 years old that occurred long ago, where there are many difficulties in collecting evidence and biological traces, determining the scene, the investigative agencies and the Procuracy must closely coordinate from the moment they receive reports of criminal offenses, recommendations for prosecution to promptly collect, evaluate, and use evidence. Higher-level investigative agencies and the Procuracy have the responsibility to provide guidance on procedural law and promptly respond to requests for instructions from lower-level investigative agencies and the Procuracy to ensure compliance with legal regulations during the resolution process.

Chapter II
COORDINATION DURING THE STAGES OF RECEIVING AND RESOLVING REPORTS OF CRIMINAL OFFENSES AND RECOMMENDATIONS FOR PROSECUTION, AND INVESTIGATION STAGE

Article 6. Receiving reports of criminal offenses, recommendations for prosecution by authorities with jurisdiction to conduct litigation proceedings

1. The receiving of reports of criminal offenses and recommendations for prosecution by authorities with jurisdiction to conduct litigation proceedings shall be carried out in accordance with the provisions of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017, issued by the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy on coordinating between relevant authorities in implementing certain provisions of the Criminal Procedure Code 2015 regarding the receipt and handling of reports of criminal offenses and recommendations for prosecution (hereinafter referred to as Joint Circular No. 01/2017) and Joint Circular No. 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated November 29, 2021 amending and supplementing certain articles of Joint Circular No. 01/2017 (hereinafter referred to as Joint Circular No. 01/2021).

2. After accepting and processing reports of criminal offenses and recommendations for prosecution, the competent investigative agency shall immediately notify the labor, invalids, and social affairs authority at the district level where the person under 18 years old who has been sexually abused resides or where the sexual abuse incident occurred to coordinate and promptly implement support and protection activities for persons under 18 years old who have been sexually abused in accordance with the law.

Article 7. Receiving reports and information about criminal offenses by Police Stations of Communes, Wards, Towns, Police Posts, Police Stations, Border Guard Posts, and Border Control Stations in border areas, coastal zones, and islands.

1. Police Stations of Communes, Wards, Towns, Police Posts, and Police Stations shall implement the provisions set forth in Articles 5 and 6 of Circular No. 43/2021/TT-BCA dated April 22, 2021, issued by the Minister of Public Security on the responsibilities of the People's Public Security force in implementing certain procedures and formalities of friendly criminal proceedings during the process of receiving and handling reports and information about criminal offenses, initiating prosecution requests, and investigating cases involving sexual abuse of persons under 18 years old; Joint Circular No. 01/2017 and Joint Circular No. 01/2021.

2. Border Guard Posts and Border Control Stations in border areas, coastal zones, and islands shall implement the provisions of Joint Circular No. 01/2017 and Joint Circular No. 01/2021 when receiving reports and information about criminal offenses involving sexual abuse of persons under 18 years old.

In cases where rescue and protection of Vietnamese persons under 18 years old who have been sexually abused in border areas and islands are required, Border Guard Posts and Border Control Stations in border areas, coastal zones, and islands shall cooperate with competent authorities of neighboring countries to rescue and protect them; at the same time, immediately report to the competent investigative authority and continue to coordinate and support in subsequent resolution processes.

Article 8. Labor - War Invalids and Social Affairs Authorities receiving information, notifications, and reports about acts of sexual abuse against persons under 18 years old, and implementing requests for prosecution.

1. At all levels, Labor - War Invalids and Social Affairs Authorities and the National Child Protection Hotline (number 111), upon receiving information, notifications, and reports about persons under 18 years old being sexually abused, shall implement according to the procedures stipulated in Decree No. 56/2017/NĐ-CP dated May 9, 2017, of the Government detailing certain provisions of the Law on Children.

2. Where there are information and materials reflecting that persons under 18 years old have been sexually abused within their jurisdiction, the Labor - War Invalids and Social Affairs Authority shall issue a written request for prosecution along with accompanying documents to the competent investigative authority, and simultaneously notify in writing the competent Procuracy of such action. The competent investigative authority shall be responsible for accepting and resolving the request for prosecution in accordance with the provisions of the Criminal Procedure Code and inform the Labor - War Invalids and Social Affairs Authority of the results of such resolution.

Article 9. Other agencies and organizations receiving information, notifications, and reports about acts of sexual abuse against persons under 18 years old.

Upon discovering or receiving information, notifications, and reports about acts of sexual abuse against persons under 18 years old, other agencies and organizations must immediately transfer such information to the Police Station of Communes, Wards, Towns, Police Post, Police Station, or the competent investigative authority.

Medical facilities within the scope of their assigned functions and tasks, when receiving and treating patients if they discover signs indicating that the patient is a person under 18 years old who has been sexually abused, shall prioritize treatment of injuries, conduct examinations, record, collect, and preserve evidence on the body of the victim while simultaneously reporting and cooperating with competent authorities in accordance with the law on medical examination and treatment.

Article 10. Classification, inspection, verification of reports of criminal offenses, accusations of criminal acts, and requests for prosecution

1. The coordination in classification, inspection, verification of reports of criminal offenses, accusations of criminal acts, and requests for prosecution concerning acts of sexual abuse against individuals under 18 years old shall be carried out in accordance with the provisions of Circular Joint Communiqué No. 01/2017 and Circular Joint Communiqué No. 01/2021.

2. Inspection, verification, and evidence collection must be expedited while creating conditions for healthcare facilities, competent authorities, and other social organizations to examine, treat, and support individuals under 18 years old who have been sexually abused. Departments of Labor, Invalids, and Social Affairs, appraisal agencies, and other competent authorities are responsible for promptly supporting the authorized investigative agency and the Prosecution Office during the process of handling reports of criminal offenses, accusations of criminal acts, and requests for prosecution.

3. At the latest seven days before the end of the inspection and verification or the expiration of the inspection and verification period for reports of criminal offenses, accusations of criminal acts, and requests for prosecution, the Investigator shall proactively discuss with the Prosecutor to review and evaluate all collected evidence. The cooperation in evaluating evidence shall be documented in writing. If additional evidence is deemed necessary, the Prosecutor shall request it promptly. If the evidence remains contradictory and unclear, the Investigator shall continue to collect supplementary evidence. In cases where evaluating evidence is difficult, the Investigator and the Prosecutor shall report to the leadership of both agencies to assess the collected evidence, ensuring that the inspection and verification of reports of criminal offenses, accusations of criminal acts, and requests for prosecution regarding acts of sexual abuse against individuals under 18 years old are based on sufficient grounds and within the statutory time limit.

Article 11. Coordination in determining the age of accused persons, persons subject to prosecution requests, persons charged with crimes, and persons under 18 years old who have been sexually abused

1. Determining the age of individuals under 18 years old who have been sexually abused or charged with crimes shall be conducted according to the procedures and formalities stipulated in Article 417 of the Criminal Procedure Code and Article 6 of Circular Joint Communiqué No. 06/2018.

Determining the age of individuals under 18 years old who are reported or subject to prosecution requests shall be carried out according to the corresponding provisions in Clause 1 and Clause 2 of Article 417 of the Criminal Procedure Code and Clause 1 and Clause 2 of Article 6 of Circular Joint Communiqué No. 06/2018.

2. Agencies, organizations, and individuals are responsible for providing the authorized investigative agency with relevant documents and materials as prescribed in Circular Joint Communiqué No. 06/2018 to determine the ages of reported individuals, individuals subject to prosecution requests, individuals charged with crimes, and individuals under 18 years old who have been sexually abused.

Article 12. Coordination in examining crime scenes, autopsy, and examining body marks

1. The coordination in examining crime scenes and autopsies shall be carried out as follows:

a) The procedures and formalities for examining crime scenes and autopsies shall be conducted in accordance with Articles 201 and 202 of the Criminal Procedure Code;

b) Prior to examination, the Investigator shall provide information related to the content to be examined to the Prosecutor to facilitate supervision. The Investigator shall proactively discuss with the Prosecutor, Appraiser, and experts when discovering, recording, collecting, and preserving evidence, objects, and documents at the scene and on the corpse during the examination to ensure compliance with legal regulations;

c) The Prosecutor shall proactively discuss with the Investigator about the discovered, recorded, collected, and preserved evidence, objects, and documents at the scene and on the corpse. In cases where consensus cannot be reached on the required evidence collection, the Prosecutor and the Investigator must report to the leadership of both agencies for timely resolution in accordance with regulations.

2. The coordination in examining body marks on individuals held in emergency situations, individuals charged with crimes, and individuals under 18 years old who have been sexually abused shall be carried out in accordance with Article 203 of the Criminal Procedure Code and shall minimize the need for multiple examinations of individuals under 18 years old who have been sexually abused.

During the examination of body marks, forensic examinations must be fully recorded in the record of body mark examination, marking the location of injuries, and photographing injury marks. If signs of abnormality or psychological distress are observed in the victim, the father, mother, family members, psychological specialists, individuals responsible for managing, caring for, and educating individuals under 18 years old who have been sexually abused, or the Department of Labor, Invalids, and Social Affairs, Women's Union, and Youth Union at the same level where the individual under 18 years old who has been sexually abused was discovered shall be invited to participate in providing support.

Article 13. Cooperation in requesting forensic examination

1. The Investigating Agency shall have the following responsibilities:

a) Timely issue a decision to request forensic examination when there is evidence indicating that a person under 18 years old has been sexually abused; provide all relevant information and documents to the Forensic Examiner. In cases where the perpetrator is caught red-handed with clear evidence, the competent Investigating Agency may invite an organization conducting forensic examinations to assign a Forensic Examiner to directly participate in inspecting physical evidence and collecting samples from the arrested person and the victim of sexual abuse;

b) Cooperate with the Prosecutor's Office to persuade if a person under 18 years old who has been sexually abused and their family refuse the forensic examination, in cases where they still refuse without force majeure or objective obstacles, issue a decision for compulsory attendance and notify the Prosecutor's Office;

c) Before issuing a decision to request forensic examination, exchange with the agency, organization, or individual expected to be requested for forensic examination on issues requiring forensic examination and implementation thereof;

d) Send the decision to request forensic examination and the forensic examination conclusion to the competent Prosecutor's Office within the time limit stipulated in Clause 3, Article 205 and Clause 2, Article 213 of the Criminal Procedure Code;

đ) Monitor and urge the implementation of the decision to request forensic examination;

e) Require organizations and individuals conducting forensic examinations to provide detailed explanations about the forensic examination results when the conclusions are unclear;

2. The Forensic Examiner and the organization requested for forensic examination shall have the following responsibilities:

a) Conduct forensic examination and issue the forensic examination conclusion within five days from the date of receiving the decision to request forensic examination. If it cannot be conducted within this period, promptly notify in writing the requesting agency, stating the reasons and the expected issuance date of the forensic examination conclusion;

b) Send the forensic examination conclusion to the agency that requested forensic examination within the time limit stipulated in Clause 2, Article 213 of the Criminal Procedure Code;

c) Be present promptly to conduct inspections and collect samples for forensic examination as provided in point a, Clause 1 of this Article; if unable to be present, immediately notify and state the reasons to the Investigator;

d) When conducting forensic examination, if the content of the request for forensic examination is unclear, require the requesting agency to explain and supplement the materials. When the requesting agency requests, the Forensic Examiner shall promptly provide detailed explanations of the issues in the forensic examination conclusion;

3. The Prosecutor's Office shall have the following responsibilities:

a) Closely cooperate with the Investigating Agency to determine the contents of the requests needed for forensic examination to clarify acts of sexual abuse; evaluate the forensic examination conclusion, and require organizations and individuals conducting forensic examination to clearly explain the content of the forensic examination conclusion according to the law;

b) In cases where the Prosecutor's Office requests forensic examination, the Prosecutor's Office shall implement according to the corresponding provisions in Clause 1 of this Article;

4. Other agencies, organizations, and individuals shall have the following responsibilities:

a) The Labor - Invalids and Social Affairs Agency, the agency currently responsible for managing, caring for, and educating persons under 18 years old who have been sexually abused, the Women's Union, the Youth Union, and local authorities shall create conditions to dispatch representatives to participate in cooperation in forensic activities upon request of the agency or person authorized to conduct criminal proceedings;

b) Upon request of the agency or person authorized to conduct criminal proceedings, local authorities and related agencies, organizations, and individuals shall provide files, records, and other necessary documents to the organization or individual conducting forensic examination to support the forensic activity.

Article 14. Cooperation in Taking Statements and Interrogating Participants in Criminal Proceedings Under 18 Years Old

1. The taking of statements from victims of sexual offenses under 18 years old shall be carried out in accordance with Articles 188 and 421 of the Criminal Procedure Code and Article 14 of Circular Joint Circular No. 06/2018.

In cases where victims of sexual offenses under 18 years old exhibit abnormal behavior or psychological shock, the Investigator may invite family members, representatives of educational institutions, psychological experts, representatives of the Department of Labor, Invalids, and Social Affairs, or other organizations and individuals to participate in taking statements to provide psychological support and stabilize their mental state. Those invited to participate have the responsibility to cooperate and assist the Investigator in stabilizing the mental state of the victim and must keep confidential information related to the taking of statements.

2. Activities involving the taking of statements from witnesses, accused persons, persons reported for prosecution, persons held in urgent circumstances, arrested persons, temporarily detained persons, and interrogating suspects under 18 years old shall be carried out in accordance with Articles 183, 186, and 421 of the Criminal Procedure Code, Article 14 of Joint Circular No. 06/2018, and the corresponding provisions of Clause 1 of this Article.

3. Prosecutors shall closely supervise the activities of Investigators in taking statements and interrogations; if they find that the statements are unclear, contradictory, or inconsistent with other evidence, they shall require the Investigators to take supplementary statements and interrogations; if violations are discovered during the taking of statements and interrogations, they shall require the Investigators to immediately rectify them. Investigators are responsible for implementing the requirements of the Prosecutor. If necessary, the Prosecutor may directly take statements and conduct interrogations. Investigators are responsible for supporting and creating conditions for the Prosecutor to take statements and conduct interrogations in accordance with the law. In cases where it is necessary to record statements from persons held in urgent circumstances, arrested persons, temporarily detained persons, and interrogations of suspects who are currently detained, Investigators shall cooperate to provide the Prosecutor with information about the psychological state and attitude of persons held in urgent circumstances, arrested persons, temporarily detained persons, and suspects, as well as related information to serve the purpose of taking statements and conducting interrogations.

Article 15. Cooperation in Identification, Reenactment of Investigation, and Voice Recognition

1. Identification, reenactment of investigation, and voice recognition shall be carried out in accordance with Articles 190, 191, 204, and 421 of the Criminal Procedure Code.

At least 24 hours before conducting these activities, the Investigator shall inform the Prosecutor of the time and place of identification, reenactment of investigation, and voice recognition. The Prosecutor must be present to supervise. The Investigator and Prosecutor shall cooperate to check and evaluate the results of identification, reenactment of investigation, and voice recognition to propose further investigative measures. In cases where it is not possible to be present due to objective reasons, the Prosecutor must inform the Investigator at least two hours before the activity begins.

2. Before organizing identification, voice recognition, or reenactment of investigation, the Investigator and Prosecutor shall exchange and agree on the contents and methods of implementation. Reenactment of investigation shall only be conducted if it is necessary to resolve the case and only appropriate methods (such as using a model of the victim's body) shall be used to conduct the reenactment. In cases where there are difficulties in collecting evidence or no evidence has been collected or the scene of the incident cannot be determined, the Investigator shall proactively cooperate with the Prosecutor to carry out activities in accordance with the law to reconstruct the scene and reenact the actions and situations to verify and confirm materials and circumstances significant to resolving the case.

3. If necessary or upon the request of the victim, the accused, or the legal representative of a person under 18 years old, defense counsel, representatives of the Department of Labor, Invalids, and Social Affairs, Women's Union, Youth Union, educational institutions, or psychological experts or other assisting officers may be invited to participate. Those invited have the responsibility to participate and cooperate with authorized authorities conducting criminal proceedings, legal representatives of persons under 18 years old, and defense counsel to provide support and stabilize the mental state of persons under 18 years old throughout the process of identification, reenactment of investigation, and voice recognition.

Article 16. Proposing investigation requests and implementing investigation requests

The Prosecutor must proactively coordinate to support the Investigator in investigating and collecting evidence to prove the facts of the case, and proactively propose investigation requests. The content of the investigation request must be clear, specific, substantial, and complete, ensuring that the investigation of the case is objective, comprehensive, and in accordance with the law. The Investigator must fully implement all contents of the investigation request, and proactively exchange with the Prosecutor regarding the matters to be investigated. In cases where evidence collection is difficult, the Investigator and the Prosecutor shall cooperate to evaluate and reach consensus on the issues to be investigated; if they still cannot reach agreement, they shall report to the leadership of both agencies for guidance on resolution.

Article 17. Completion of Investigation

At least twenty days before the completion of the investigation or at the end of the investigation period for cases involving sexual offenses against persons under eighteen years old, the Investigator and the Prosecutor must coordinate to assess all evidence, documents, and procedural acts of the case in accordance with Article 31 of Circular Joint 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 Defense on cooperation between the Investigative Agency and the Procuracy in implementing certain provisions of the Criminal Procedure Code (hereinafter referred to as Circular Joint No. 04/2018).

Chapter III
COOPERATION DURING THE PROSECUTION STAGE

Article 18. Transfer and Receipt of Case Files Upon Completion of Investigation and Evidence

1. Cooperation in transferring and receiving case files upon completion of investigation and evidence shall be carried out in accordance with Article 238 of the Criminal Procedure Code and Article 36 of Circular Joint No. 04/2018. The Investigative Agency shall inform the Procuracy about the transfer and receipt of case files and evidence to arrange and promptly receive them.

2. When transferring case files, the Investigative Agency shall prepare all evidentiary materials and complete all procedural acts to transfer the case file to the Procuracy. If the case file is incomplete (such as not having handed over the investigative conclusion to the suspect, lacking a list of evidence) or the arrangement of materials does not follow the correct sequence as listed in the inventory of materials and evidence, or if the pagination is incorrect, the Procuracy shall request the Investigative Agency to supplement and rectify immediately.

Article 19. Cooperation in Supplementing Evidence

1. Cooperation in supplementing evidence must comply with the provisions of the Criminal Procedure Code. During the prosecution stage, if the collected evidence remains contradictory and unclear, the Prosecutor shall discuss with the Investigator to request supplementation of evidence. The Investigator has the responsibility to implement the request to supplement evidence and promptly transfer the supplementary materials and evidence to the Prosecutor.

2. In cases where it is necessary to clarify additional contents in the forensic examination conclusion, the Prosecutor shall invite the Forensic Examiner and notify the Investigator to listen to the explanation together. The Forensic Examiner has the responsibility to clearly explain the requirements of the Prosecutor, and the explanation must be recorded in a protocol and kept in the case file.

3. In cases where the Court returns the file requesting supplementary investigation, the Prosecutor shall cooperate with the Investigator to study the content of the supplementary investigation request. If the supplementary investigation request is based on grounds and it is deemed unnecessary to return the file for supplementary investigation, the Procuracy shall directly conduct supplementary investigation of materials and evidence. The Investigator has the responsibility to cooperate with the Prosecutor in conducting investigative activities. If self-conducted supplementary investigation is not possible, the Procuracy shall issue a decision to return the case file for supplementary investigation.

Article 20. The Prosecution directly carries out certain investigative activities.

1. During the prosecution stage, if evidence has not been fully collected but it is possible to remedy this, the Prosecutor and Investigator shall cooperate to collect evidence. If it cannot be remedied, the Prosecution shall return the case file and request supplementary investigation.

2. In cases where it is deemed necessary to directly inspect the crime scene, examine physical evidence, and traces, the Prosecutor shall coordinate with the Investigator to carry out these tasks. The Investigator shall have the responsibility to cooperate and create conditions for the Prosecutor to perform these activities.

3. In cases where it is necessary to reconstruct the crime scene or reenact a simple investigative scenario, the Prosecutor shall lead and coordinate with the Investigator to implement these actions. The investigative experiment must comply with the provisions of the Criminal Procedure Code.

Chapter IV
COOPERATION DURING THE FIRST INSTANCE TRIAL STAGE

Article 21. Cooperation in transferring and receiving case files and indictments

1. The Prosecution shall transfer case files involving sexual offenses against individuals under 18 years old and the indictment to the Court for first instance trial according to Articles 244 and 276 of the Criminal Procedure Code, providing information to the Court to arrange and accept the files promptly and timely.

2. When transferring the case file, the Prosecution shall prepare all evidentiary materials and complete procedural formalities to hand over the file to the Court. If the case file is incomplete (such as the indictment not being delivered to the defendant, lack of a list of physical evidence, missing list of persons to be summoned to the trial session), or if the materials are not arranged in accordance with the inventory list, or if there are errors in pagination, the Court shall require the Prosecution to supplement and rectify immediately.

Article 22. Cooperation during the preparation stage for the first instance trial

1. Cooperation in returning the case file for supplementary investigation:

a) The cooperation between the Court and the Prosecution when returning the file for supplementary investigation shall be carried out in accordance with Circular Joint Circular No. 02/2017/TTLT-VKSNDTC-TANDTC-BCA-BQP dated December 22, 2017 of the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, and the Ministry of National Defense on cooperation among judicial organs in implementing certain provisions of the Criminal Procedure Code regarding returning the file for supplementary investigation;

b) Where necessary, the Court may discuss with the Prosecution about the accompanying documents, evidence, and physical evidence (if any) to clarify the situations prescribed in Clause 1 of Article 280 of the Criminal Procedure Code before deciding to return the file for supplementary investigation. It is essential to minimize the need to return the file for supplementary investigation or to return it at the trial session, which would prolong the resolution time of the case.

2. Cooperation prior to opening the trial session:

a) The Court shall clearly state in the decision to bring the case to trial whether the trial session will be held in a regular criminal courtroom or a family and juvenile courtroom to allow the Prosecutor to prepare appropriate attire for participation in the trial session;

b) Where the Prosecution requests the summoning of the victim to attend the trial session, the Court shall consider and decide on the summoning. If the presence of the victim at the trial session is mandatory, an appropriate courtroom or a screen to separate the victim from the defendant's area shall be arranged; consideration shall be given to requesting medical professionals or psychological experts to support the victim, and protective measures for the victim shall be applied at the trial session;

c) Where the Prosecution needs to request the playing of audio or video recordings or the public display of certain electronic data materials at the trial session in cases of sexual offenses against individuals under 18 years old, discussions shall be held with the Court to arrange suitable technical equipment for the trial session in accordance with the actual conditions of the Court.

Article 23. Cooperation during the trial at the first instance hearing

1. Persons conducting proceedings and persons participating in proceedings when attending the hearing must comply with the provisions of Circular No. 02/2018/TT-TANDTC dated September 21, 2018 of the Chief Justice of the Supreme People's Court detailing the handling of criminal cases involving participants under the age of 18 within the jurisdiction of the Family Court and Juvenile Court (hereinafter referred to as Circular No. 02/2018), and Circular No. 01/2017/TT-TANDTC dated July 28, 2017 of the Chief Justice of the Supreme People's Court on courtroom procedures.

2. In cases where it is deemed necessary to publicly disclose evidence and documents that are electronic data, or recorded statements or video recordings with sound during the case resolution process, the Prosecutor shall cooperate with the Presiding Judge to carry out such public disclosure. The public disclosure of documents and evidence at the hearing shall be conducted objectively and in accordance with the law.

Chapter V
COOPERATION IN CERTAIN OTHER ACTIVITIES

Article 24. Cooperation in implementing mutual legal assistance activities in criminal matters

1. In cases of sexual offenses against individuals under the age of 18 involving foreign elements, if it is necessary to collect evidence or take statements from participants in proceedings who are abroad, the investigative agencies shall proactively coordinate and cooperate with the Supreme People's Procuracy to implement mutual legal assistance activities.

In cases where cooperation is required to carry out evidence collection activities abroad, or identification of persons or objects through online means, the investigative agencies shall coordinate with the Supreme People's Procuracy to exchange with relevant judicial authorities in the related countries for cooperation in implementation.

2. Upon receipt of the results of mutual legal assistance from the foreign side, the Supreme People's Procuracy shall promptly transfer them to the competent authority. If the results of mutual legal assistance are incomplete, the investigative agencies shall establish a request for mutual legal assistance, coordinating with the Supreme People's Procuracy to continue requesting the foreign authority to supplement the mutual legal assistance.

Article 25. Attire of authorized persons during the handling of sexual offenses against individuals under the age of 18

1. During the verification and investigation stages of complaints, reports of crimes, and recommendations for prosecution, the investigation stage, and the prosecution stage of the case, if there is a victim under the age of 18 present, the authorized persons conducting proceedings and other authorized persons do not necessarily have to wear uniforms of their respective departments, agencies, or organizations, but may wear civilian attire, provided that it is neat and appropriate.

2. In cases where the hearing is held in a courtroom and deals with matters within the jurisdiction of the Family Court and Juvenile Court, the Judge shall wear attire as prescribed by Circular No. 02/2018, while other persons conducting proceedings and those summoned to the hearing shall wear attire as prescribed in Clause 1 of this Article.

Chapter VI
IMPLEMENTING PROVISIONS

Article 26. Effective date

This Circular takes effect from April 5, 2022.

Article 27. Implementation Organization

1. Within their respective jurisdictions, the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Labor, Invalids, and Social Affairs shall be responsible for implementing and organizing the execution of this Circular.

2. During the implementation process, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, and individuals shall report to the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Labor, Invalids, and Social Affairs for consideration, guidance on implementation, or amendment and supplementation as appropriate.