Joint Circular No. 01/2025/TTLT-BCA-BQP-BTP-BNN&PTNT-BTC-VKSNDTC-TANDTC stipulates the coordination relationship in forensic examination activities within criminal proceedings - 01/2025/TTLT-BCA-BQP-BTP.

 

JOINT CIRCULAR

REGULATIONS ON COORDINATION RELATIONSHIPS IN LEGAL EXPERTISE ACTIVITIES IN CRIMINAL PROCEDURE

On the basis of Criminal Procedure Code No. 101/2015/QH13 dated November 27, 2015; Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code No. 02/2021/QH15 dated November 12, 2021;

On the basis of Law on Legal Expertise No. 13/2012/QH13 dated June 20, 2012; Law Amending and Supplementing Certain Provisions of the Law on Legal Expertise No. 56/2020/QH14 dated June 10, 2020;

On the basis of Law on Issuance of Normative Legal Documents No. 80/2015/QH13 dated June 22, 2015; Law Amending and Supplementing Certain Provisions of the Law on Issuance of Normative Legal Documents No. 63/2020/QH14 dated June 18, 2020;

The Minister of Public Security, the Minister of National Defense, the Minister of Justice, the Minister of Agriculture and Rural Development, the Minister of Finance, the Procurator General of the Supreme People's Procuracy, the President of the Supreme People's Court jointly issue this Joint Circular to regulate coordination relationships in legal expertise activities in criminal procedure.

Article 1. Scope of Regulation

1. This Joint Circular regulates the mechanism for information exchange, methods, procedures, and responsibilities for coordination between competent authorities conducting criminal proceedings, persons with authority to conduct criminal proceedings, and individuals, organizations providing legal expertise and other relevant entities, organizations, and individuals in requesting expertise, conducting expertise, evaluating, and using conclusions of legal expertise in criminal proceedings.

2. Coordination in legal expertise activities concerning corruption and economic cases shall be carried out in accordance with Joint Circular No. 01/2017/TTLT-VKSNDTC-TANDTC-BCA-BTP dated December 13, 2017 of the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, and the Ministry of Justice regarding necessary circumstances for requesting expertise in corruption and economic cases, and the provisions of this Joint Circular shall not conflict with those of Joint Circular No. 01/2017/TTLT-VKSNDTC-TANDTC-BCA-BTP.

Article 2. Applicability

1. Competent authorities conducting criminal proceedings, persons with authority to conduct criminal proceedings;

2. Individuals, organizations providing legal expertise;

3. Other relevant agencies, organizations, and individuals.

Article 3. Principles of Cooperation

1. Coordination in implementing expertise must comply with the principles stipulated in Article 3 of the Law on Legal Expertise; coordination in requesting expertise, evaluation, and utilization of expertise conclusions must ensure objectivity, scientific accuracy, and compliance with legal regulations.

2. The coordination process must not obstruct, delay, or affect the accuracy, objectivity, and timeliness in resolving cases and matters.

3. Ensure full, timely, and effective implementation of rights and obligations of each entity, organization, and individual involved in coordinating legal expertise activities in criminal proceedings.

4. Information exchange and coordination must comply with legal regulations, according to assigned functions and tasks, proactively, promptly, responsibly, and effectively.

5. Ensure state secrets and work confidentiality as prescribed by law.

Article 4. Methods of Information Exchange and Coordination

1. Direct exchange, sending paper documents, electronic documents, organizing meetings, and coordinating inter-agency inspections.

2. Providing information and data on forensic examination requests, conducting examinations, evaluations, using examination conclusions, and other relevant materials related to forensic activities in criminal proceedings.

3. In cases where difficulties or obstacles arise, or at the request of forensic examination entities, the competent authority conducting criminal proceedings or the person authorized to conduct such proceedings who has requested the examination shall resolve the issue or take the lead and coordinate with relevant agencies and organizations to resolve it.

Article 5. Considering and Deciding on Forensic Examination Requests When Necessary

1. The competent authority conducting criminal proceedings or the person authorized to conduct such proceedings shall base their decision on collected evidence and materials and the provisions of laws regarding issues that must be proven in the case or matter to determine when a forensic examination is necessary.

2. A forensic examination shall only be conducted when necessary if the collected evidence and materials have not clarified the issues that must be proven, and a specialized conclusion on related issues is needed to review and evaluate in order to strengthen evidence or decide on subsequent criminal proceedings activities.

3. If the collected evidence and materials are sufficient to clarify the issues that must be proven, there is no need for a forensic examination. When additional information about professional standards is required to review and evaluate the collected evidence and materials, the competent authority conducting criminal proceedings or the person authorized to conduct such proceedings shall directly exchange, provide written exchanges, or organize meetings with forensic examination entities.

Within five working days from the date of receipt of the request document, the forensic examination entity shall provide a written response and cooperate in providing specialized information to the competent authority conducting criminal proceedings or the person authorized to conduct such proceedings.

4. In cases where forensic examinations are necessary in resolving corruption and economic cases, they shall be carried out in accordance with the provisions of Circular Joint No. 01/2017/TTLT-VKSNDTC-TANDTC-BCA-BTP.

Article 6. Coordination in Forensic Examination Requests

1. Responsibilities of the competent authority conducting criminal proceedings or the person authorized to conduct such proceedings:

a) Collecting objects requiring examination, information, materials, items, and samples related to the object and content requiring examination, and providing them to the requested forensic examination entity;

b) Based on the nature, content, and proof requirements of the case or matter, to predict the content requiring examination that is suitable for the functions, tasks, and authorities of the requested forensic examination entity.

Only ask professional questions and do not require the requested forensic examination entity to answer questions within the responsibility of the competent authority conducting criminal proceedings or the person authorized to conduct such proceedings. Questions must be specific, clear, and appropriate to the object requiring examination, information, materials, items, and samples for examination.

In cases where the content requiring examination involves multiple fields and the responsibility of multiple organizations, the determination of the content requiring examination shall be carried out in accordance with Clause 5 of Article 25 of the Law on Forensic Examination.

c) Based on the content requiring examination and the law on specialized forensic examination, the competent authority conducting criminal proceedings or the person authorized to conduct such proceedings shall select individuals or organizations with the necessary capacity and conditions in the field or specialty requiring examination to issue a request for forensic examination decision.

d) Do not select individuals or organizations for forensic examination that fall under the provisions of Article 34 of the Law on Forensic Examination.

If there is a basis to believe that the individual or organization for forensic examination may be related to the case or matter requiring examination, which could lead to an impartial and objective examination, then such individual or organization shall not be requested for examination, except in cases where there is no other option.

e) For cases and matters within the jurisdiction of the competent authority conducting criminal proceedings or the person authorized to conduct such proceedings at the central level, the request for forensic examination shall be made to individuals or organizations for forensic examination under ministries, sectors, agencies equivalent to ministries, or government agencies or localities.

For cases and matters within the jurisdiction of the competent authority conducting criminal proceedings or the person authorized to conduct such proceedings at the provincial or district level, the request for forensic examination shall be made to individuals or organizations for forensic examination on the provincial level managed by the Provincial People's Committee, individuals or organizations for forensic examination under central agencies located on the provincial level, or individuals or organizations for forensic examination under ministries, sectors, agencies equivalent to ministries, or government agencies in the following cases: Individuals or organizations for forensic examination under ministries, agencies equivalent to ministries, or government agencies agree to accept the request for forensic examination; individuals or organizations for forensic examination on the provincial level managed by the Provincial People's Committee, or individuals or organizations for forensic examination under central agencies located on the provincial level refuse to examine due to lack of necessary capacity and conditions for the examination; cases stipulated in point d of this clause.

In cases of forensic examination in the monetary and banking sector, it shall be carried out in accordance with the provisions of Article 11 of Circular No. 14/2020/TT-NHNN dated November 16, 2020 of the State Bank of Vietnam.

f) Determination of the examination period shall be carried out in accordance with Article 208 of the Criminal Procedure Code and Article 26a of the Law on Forensic Examination.

g) Prior to issuing a decision to request forensic examination, if necessary, the competent authority conducting proceedings or the person authorized to conduct proceedings shall directly exchange or communicate in writing, or organize a meeting with the individual or organization anticipated to be requested for forensic examination and other relevant agencies or units to unify the content that needs to be examined, determine the main content that needs to be examined as prescribed in Clause 5, Article 25 of the Forensic Examination Law; the object that needs to be examined, information, documents, items, specimens that need to be provided, the timeframe for examination; unify the method and approach to collecting samples for examination in cases where the object that needs to be examined, documents, items, specimens have large quantities, volumes without specific guidance from specialized laws;

h) After implementing the contents stipulated in points a, b, c, d, đ, e, g of this clause, the competent authority conducting proceedings or the person authorized to conduct proceedings shall issue a decision to request forensic examination. In cases of requesting forensic medical examination for injuries or forensic medical examination for sexual offenses, the decision must be issued immediately upon receiving the case;

The decision to request forensic examination must contain all the required content as prescribed in Clause 2, Article 205 of the Criminal Procedure Code and Clause 2, Article 25 of the Forensic Examination Law. In cases of requesting supplementary forensic examination or re-examination, the decision to request must ensure the content prescribed in Clause 3, Article 25 of the Forensic Examination Law;

i) The use of forms for requesting forensic examination shall be carried out according to regulations promulgated by the Minister or the head of a ministry-level agency. In cases where such forms have not been promulgated, they shall be implemented according to Circular No. 119/2021/TT-BCA dated December 8, 2021, issued by the Minister of Public Security on forms, documents, and registers related to criminal investigation;

2. Responsibilities of individuals and organizations conducting forensic examinations:

a) Provide information about the fields and specialties that can be examined based on their functions, tasks, capabilities, and conditions for implementation when requested by the competent authority conducting proceedings or the person authorized to conduct proceedings;

b) Within five working days from the date of receipt of the document from the competent authority conducting proceedings or the person authorized to conduct proceedings requesting to unify the contents stipulated in point g, Clause 1 of this article, the individual or organization conducting forensic examinations shall directly exchange or respond in writing;

c) Accept the decision to request forensic examination, files, objects that need to be examined, documents, items, specimens in accordance with the provisions of the law, except in cases of refusing to examine;

d) In cases where the content that needs to be examined involves multiple fields and falls under the responsibility of several organizations, the examination shall be conducted in accordance with the provisions of Clause 5, Article 25 of the Forensic Examination Law;

đ) In cases where the request for forensic examination is based on files, the individual or organization conducting forensic examinations shall exchange and unify with the competent authority conducting proceedings or the person authorized to conduct proceedings to prepare the necessary conditions to ensure the implementation of the examination;

e) Refuse to examine in cases prescribed in Clause 2, Article 11, point b, Clause 1, Article 24, and Article 34 of the Forensic Examination Law;

3. The handover and acceptance of decisions to request forensic examination, files, objects, documents, items, specimens for forensic examination shall be carried out in accordance with the provisions of Article 27 of the Forensic Examination Law;

In cases where the object that needs to be examined, documents, items, specimens have large quantities, volumes, sizes, or cannot be moved, the competent authority conducting proceedings or the person authorized to conduct proceedings and the individual or organization conducting forensic examinations shall unify the form of handover and acceptance, and the method of preserving the object that needs to be examined, documents, items, specimens in accordance with the provisions of the law to serve the examination.

Article 7. Coordination in conducting forensic examination

1. Responsibilities of the competent authority conducting criminal proceedings or the person authorized to conduct such proceedings:

a) Monitor and urge the implementation of forensic examination; propose the judicial forensic organization to assign a forensic examiner upon request.

b) Collect and provide additional information, documents, objects, samples related to the content requiring forensic examination according to the request of the individual or organization conducting the forensic examination (if any). In case it is not possible to provide, a written notification must be given to the individual or organization conducting the forensic examination and the reasons must be clearly stated for agreement on the implementation plan of the forensic examination.

c) In cases where the victim refuses the forensic examination without force majeure or objective obstacles, the compulsory escort shall be carried out in accordance with Article 127 of the Criminal Procedure Code.

In cases where it is impossible to escort the victim to conduct the forensic examination in sexual assault cases, domestic violence cases, child abuse cases, traffic safety violation cases, causing injury or harm to another person's health, the forensic examination shall be conducted at the place where the victim resides or receives treatment. If the residence of the victim cannot be determined, the victim has left the country and cannot travel, or the forensic examination cannot be conducted at the place where the victim is receiving treatment, the forensic examination shall be conducted based on the file (if the conditions for conducting the forensic examination based on the file are met according to the Ministry of Health's forensic examination procedures).

Conducting the forensic examination at the place where the victim resides or receives treatment or conducting the forensic examination based on the file must have a written agreement from the investigative agencies and exchange with the individual or organization conducting the forensic examination before requesting the forensic examination.

d) In cases where timely requirements for resolving the case or matter need to be met, the competent investigative authority or the authorized person may issue a written exchange and agreement with the individual or organization conducting the forensic examination to complete the forensic examination before the maximum deadline stipulated by law for each case or participate in the forensic examination in accordance with Article 209 of the Criminal Procedure Code without affecting the impartiality and objectivity in conducting the forensic examination.

e) In cases where difficulties or obstacles arise and the individual or organization conducting the forensic examination requests, the competent investigative authority or the authorized person shall take the lead in resolving them.

2. Responsibilities of individuals and organizations conducting forensic examinations:

a) Within five working days from the date of receipt of the request for forensic examination decision, files, objects to be examined, documents, objects, samples, the head of the judicial forensic organization shall assign a forensic examiner with appropriate professional qualifications and expertise to the content requested for forensic examination; send the list of assigned examiners and contact points to the requesting agency.

b) Request the competent investigative authority or the authorized person to provide additional information, documents, objects, samples related to the content requiring forensic examination to ensure the accuracy and objectivity of the forensic conclusion.

c) Notify the competent investigative authority or the authorized person in writing when there is a change in the examiner, new issues arise, or difficulties or obstacles occur.

d) In cases where it is not possible to complete the forensic examination within the time limit specified in the request for forensic examination decision, the individual or organization conducting the forensic examination shall act in accordance with Clause 5 of Article 26a of the Forensic Examination Law.

e) Agree on the completion time of the forensic examination ahead of schedule according to the request of the competent investigative authority or the authorized person.

f) Participation in questioning, taking statements, and asking questions about matters related to the subject of examination by the forensic examiner shall be carried out in accordance with Point c, Clause 2 of Article 68 of the Criminal Procedure Code. Such participation shall not affect the operational activities of the competent investigative authority or the authorized person.

g) Issue the forensic conclusion ensuring compliance with Article 32 of the Forensic Examination Law and relevant specialized laws. The content of the forensic conclusion must be specific, clear, understandable, comprehensive, focused, and state the professional opinion on the content requested, and if necessary, cite legal grounds by quoting the name of the article, clause, point without reproducing the entire content of the applied document.

h) Individuals or organizations conducting forensic examinations shall use forms prescribed by the Minister or Head of a ministry-level agency detailing the format and components of the file for each type of forensic examination and the record-keeping system for forensic examination files in their respective areas of jurisdiction. In cases where the Minister or Head of a ministry-level agency has not prescribed forms, they shall use the form prescribed in Circular No. 119/2021/TT-BCA.

Article 8. Coordination in Evaluation and Utilization of Expert Opinions

1. Responsibilities of competent authorities conducting criminal proceedings and persons authorized to conduct criminal proceedings;

a) The evaluation and utilization of expert opinions must ensure legality, objectivity, scientific accuracy, consistency, and compatibility with other materials and evidence in the case or matter;

b) In cases where the expert opinion does not clearly answer the required content for examination, the competent authority conducting criminal proceedings and the person authorized to conduct criminal proceedings shall request individuals or organizations providing forensic expertise to explain and clarify. If necessary, a meeting may be organized with individuals or organizations providing forensic expertise and experts in the relevant field or representatives of related agencies to clarify the content of the expert opinion;

c) In cases where there are different expert opinions on the same content in a case or matter, the evaluation and utilization of expert opinions shall be based on criteria such as the professional qualifications and expertise of the expert; the methods and procedures for conducting the examination; specialized equipment and means used in the examination; the independence and objectivity of the examination process;

d) Annually, notify in writing individuals or organizations providing forensic expertise of the results of evaluating and utilizing expert opinions.

2. Responsibilities of individuals and organizations conducting forensic examinations:

a) Within ten days from the date of receipt of the written request from the competent authority conducting criminal proceedings or the person authorized to conduct criminal proceedings for clarification of the content of the expert opinion, individuals or organizations providing forensic expertise shall provide a written response. If the time limit cannot be met, a written explanation of the reasons must be provided;

b) Request the competent authority conducting criminal proceedings or the person authorized to conduct criminal proceedings to provide the results of evaluating and utilizing expert opinions for learning experiences and improving efficiency in work;

3. The competent authority conducting criminal proceedings and the person authorized to conduct criminal proceedings who have requested an examination and the individual or organization providing forensic expertise shall coordinate and implement the handover of the expert opinion, files, objects requiring examination, and accompanying documents, items, and samples after the completion of the examination process;

Article 9. Effective Date

1. This Circular takes effect from March 1, 2025;

2. When the legal normative documents referred to in this Circular are amended, supplemented, or replaced, the contents referred to in this Circular will be changed and applied according to the amended, supplemented, or replaced legal normative documents;

Article 10. Implementation Organization

1. Ministries, sectors, agencies at the level of ministries, and government agencies shall organize the implementation of this Circular based on their functions and tasks; appoint focal points to receive and exchange information on forensic examination in criminal proceedings and notify in writing to competent authorities conducting criminal proceedings to coordinate in implementing this Circular;

2. Agencies signing this Circular shall uniformly appoint central-level units to advise on organizing the implementation, interim review, and final assessment of this Circular, including: Office of the Criminal Investigation Department of the Ministry of Public Security; Legal Affairs Department of the Ministry of National Defense; Judicial Assistance Bureau of the Ministry of Justice; Legal Affairs Department of the Ministry of Agriculture and Rural Development; Legal Affairs Department of the Ministry of Finance; Legal Affairs and Scientific Management Department of the Supreme People's Procuratorate; Legal Affairs and Scientific Management Department of the Supreme People's Court;

3. Annually, the Ministry of Public Security shall take the lead and cooperate with the Ministry of National Defense, the Ministry of Justice, the Ministry of Agriculture and Rural Development, the Ministry of Finance, the Supreme People's Procuratorate, the Supreme People's Court, and related agencies to develop plans and organize inspections of compliance with laws in requesting examinations, evaluating, and utilizing expert opinions at central and local competent authorities conducting criminal proceedings; the Ministry of Justice shall take the lead and cooperate with the Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, the Ministry of Finance, the Supreme People's Procuratorate, the Supreme People's Court, and related agencies to develop plans and organize inspections of the acceptance and implementation of examinations by other ministries, sectors, agencies, and organizations at the central and local levels;

4. The Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, the Ministry of Finance, the Supreme People's Procuratorate, the Supreme People's Court shall direct their subordinate agencies and units authorized to conduct criminal proceedings to regularly (every six months and annually) according to the provisions of the Law on Forensic Examination and other relevant legal documents or promptly upon request by the Ministry of Justice or another authorized agency to compile statistics, evaluate the situation of requesting examinations; evaluate and utilize expert opinions; forecast the demand for examinations in criminal proceedings and other related matters in forensic examination activities;

Reports and statistics on forensic examinations of investigative agencies, procuracies, courts, and other competent authorities conducting criminal proceedings at the central level shall be sent to the Ministry of Justice; at the local level, they shall be sent to the Department of Justice;

5. During the implementation process, if difficulties, obstacles, or issues arise that require amendments or supplements, they should be promptly reflected to the focal point agencies or units specified in Clause 2 of this Article for advice and reporting to inter-sectoral leadership for guidance or appropriate amendments and supplements;