Joint Circular No. 01/TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC-BNN&PTNT amending and supplementing certain provisions of Joint Circular No. 05/2012/TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC-BNN&PTNT dated November 2, 2012 guiding the implementation of the State's liability for compensation in criminal proceedings.

JOINT CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE JOINT CIRCULAR NO. 05/2012/TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC-BNN&PTNT DATED NOVEMBER 2, 2012 GUIDING THE IMPLEMENTATION OF THE STATE'S LIABILITY FOR COMPENSATION IN CRIMINAL PROCEEDINGS

Pursuant to the Law on State Liability for Compensation dated June 18, 2009;

Pursuant to the Law on Legislative Acts dated June 3, 2008;

Pursuant to Resolution No. 96/2015/QH13 dated June 26, 2015 of the XIIIth National Assembly on strengthening measures to prevent wrongful convictions and ensure compensation for victims in criminal proceedings;

The Prosecutor General of the Supreme People's Procuracy, the President of the Supreme People's Court, the Ministers of Public Security, Justice, National Defense, Finance, and Agriculture and Rural Development hereby issue this Joint Circular amending and supplementing certain Articles of Joint Circular No. 05/2012/TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC-BNN&PTNT dated November 2, 2012 guiding the implementation of the State's liability for compensation in criminal proceedings (hereinafter referred to as Joint Circular No. 05).

Article 1. Amendments and supplements to certain Articles of Joint Circular No. 05

1. Amend Clause 3 of Article 2 as follows:

"3. Persons detained under the circumstances specified in Clause 2 of Article 26 of the Law on State Liability for Compensation shall be entitled to compensation for damages when there is a decision by an agency or person with authority in criminal proceedings to revoke the detention order, terminate the investigation, terminate the case, or acquit the defendant because of one of the following reasons:
a) The detainee did not commit the offense;
b) The investigation period has expired without proving that the suspect committed the crime."

2. Amend and supplement Point a of Clause 2 of Article 14 as follows:

"2. The representative responsible for handling compensation must meet the following conditions:
a) Must be a judicial officer (Investigator, Prosecutor, Judge), holding the position:

- At the provincial and district level: Head or Deputy Head of the Investigation Agency; Prosecutor or Deputy Prosecutor of the Procuracy; President or Vice-President of the Court;

- At the higher level: Prosecutor or Deputy Prosecutor of the Higher Procuracy; President or Vice-President of the Higher Court;

- At the central level: Head or Deputy Head of the Investigation Agency; head or deputy head of the agency assigned to conduct some investigative activities; leaders of the Departments of the Supreme People's Procuracy appointed by the Prosecutor General of the Supreme People's Procuracy; Deputy Prosecutor of the Central Military Procuracy appointed by the Prosecutor General of the Central Military Procuracy; leaders of the Departments of the Supreme People's Court appointed by the President of the Supreme People's Court; Deputy President of the Central Military Court appointed by the President of the Central Military Court."

3. Amend and supplement Clause 2 and Clause 3 of Article 19 as follows:
"2. The representative of the agency responsible for compensation must directly carry out the act of apologizing and correcting publicly the victim. When organizing the public apology and correction, full participation of representatives from judicial agencies involved in resolving the case as stipulated in Point a of Clause 2 of this Joint Circular must be ensured. The direct public apology and correction must be carried out seriously and solemnly; after the representative responsible for handling compensation presents the public apology and correction to the victim, the victim or their representative may make a statement accepting the apology and correction. The representative responsible for handling compensation must ensure sufficient time for the victim or their representative to speak.

Article 2. Effective Date

3. The location for conducting the direct public apology and correction is the place of residence or workplace of the victim (including cases where the victim has died). The agency responsible for compensation must invite and notify the time and location of the public apology and correction to the agency where the victim works, the local government where the victim resides, and political-social organizations to which the victim belongs so that these agencies and organizations can send representatives to attend."

Article 3. Implementation Organization

This Joint Circular takes effect from August 3, 2016.

1. The Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development are responsible for organizing the implementation of this Joint Circular.