Joint Circular No. 02/2005/TTLT-VKSTC-TATC-BCA-BQP-BTP guiding the implementation of certain provisions of the Criminal Procedure Code regarding complaints and denunciations.

JOINT CIRCULAR

Guidelines on Implementing Certain Provisions of the Criminal Procedure Code Regarding Complaints and Accusations

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In order to implement correctly and uniformly the provisions of the Criminal Procedure Code regarding complaints and accusations, and after receiving comments from the Ministry of Finance and the Ministry of Agriculture and Rural Development, the People's Prosecutor General, the Supreme Court, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice hereby provide guidance on certain points as follows:

I. GENERAL ISSUES

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular provides guidance on implementing certain provisions of the Criminal Procedure Code regarding complaints and accusations in criminal proceedings.

Appeals against judgments and decisions of first instance that have not yet taken legal effect; complaints against judgments and decisions that have taken legal effect issued by the court; complaints about decisions applying simplified procedures made by the prosecutor; complaints about decisions of the prosecutor or the court concerning compulsory treatment; complaints about decisions of the first-instance trial council, the appellate trial council, the supervisory trial council, the retrial council, and the council for reducing or exempting from execution of punishment shall not be resolved according to the guidelines set forth in this Circular.

2. ON SOME TERMS IN THE CRIMINAL PROCEDURE CODE

2.1. "Complaint in criminal proceedings" means the act of individuals, organizations, or agencies requesting competent authorities to review decisions or procedural acts under Chapter XXXV of the Criminal Procedure Code when there is evidence indicating that such decisions or acts are contrary to the law and infringe upon their legitimate rights and interests.

2.2. "Complaint related to the application of arrest, temporary detention, or pre-trial detention measures" refers to complaints about arrest warrants, temporary detention decisions, pre-trial detention orders, approval decisions for arrest, temporary detention, or pre-trial detention, extension decisions for temporary detention, extension orders for pre-trial detention, and complaints related to the implementation of these orders or decisions as stipulated in Articles 80 to 90, Article 92, Article 93, Article 303, and Article 308 of the Criminal Procedure Code.

2.3. "Procedural decision subject to complaint" means a decision issued by the head or deputy head of the investigation agency, the procurator or deputy procurator of the prosecution office, the president or vice president of the court assigned to preside over a hearing before it is convened, or a person authorized to conduct certain investigative activities, which the complainant believes to be contrary to the law and infringing upon their legitimate rights and interests.

2.4. "Procedural act subject to complaint" means an act carried out during the criminal procedure by the head or deputy head of the investigation agency, investigators of the investigation agency, procurators or deputy procurators of the prosecution office, prosecutors of the prosecution office, the president or vice president of the court assigned to preside over a hearing before it is convened, or a person authorized to conduct certain investigative activities, which the complainant believes to be contrary to the law and infringing upon their legitimate rights and interests.

2.5. "Accusation in criminal proceedings" means the act of citizens informing competent authorities about violations of the law in the course of criminal proceedings by those conducting the proceedings or authorized to carry out certain investigative activities, where such actions cause or threaten to cause damage to state interests or the legitimate rights and interests of individuals, agencies, or organizations.

2.6. "Complex accusation case" means an accusation case involving multiple contents or related to the violation of the law by multiple persons, or requiring verification at multiple locations.

II. REGARDING COMPLAINTS AND RESOLUTION OF COMPLAINTS

1. Complaints and Handling of Complaint Petitions

1.1. Competent authorities or individuals shall accept and resolve complaints if all of the following conditions are met:

a) The complainant must have legitimate rights and interests directly affected by the decision or procedural act they are complaining about;

b) The complainant must have full capacity for civil conduct as provided by law; in cases where the complainant suffers from mental illness or has physical disabilities preventing them from filing a complaint themselves, the complaint may be filed through a legally authorized representative. The representative for the complainant must provide proof of their legal authorization;

c) The complainant must submit a petition and send it to the competent authority or individual with jurisdiction to resolve the matter within the time limit prescribed in Article 328 of the Criminal Procedure Code. If the complainant cannot submit a petition themselves, the competent authority or individual must record the complaint in a minutes document. A minutes document in criminal proceedings containing the complaint of a relevant party is considered a valid form of complaint instead of a petition. The petition or minutes document recording the complaint must include the name, address, and direct signature of the complainant or their legally authorized representative;

d) There must be no final decision resolving the complaint, and the complainant must not have submitted a withdrawal of the complaint.

1.2. In cases where the complainant encounters objective obstacles such as illness, natural disasters, enemy attacks, being away on business or study, or other objective obstacles beyond their control, preventing them from filing a complaint within the prescribed time limit, the complainant must provide proof or documentation certified by a competent authority.

1.3. The handling of complaint petitions shall be conducted as follows:

a) For petitions that fall outside the jurisdiction of the receiving authority or have already been resolved by a final decision, the receiving authority has no obligation to resolve them but must provide guidance or respond to the complainant in writing. Such guidance or response shall only be provided once for each complaint. If the complainant submits original documents or materials, they must be returned to the complainant; if returned via postal service, they must be sent using registered mail;

b) For petitions containing multiple issues or signed by multiple people, the competent authority or individual must guide the complainant to write separate petitions to facilitate the resolution of the complaints;

c) For the record made in accordance with Clause 1, Article 95 of the Criminal Procedure Code that includes the complainant's opinion, the competent authority or individual responsible for making the record must notify in writing and send a copy of the record to the competent authority or individual responsible for resolving the matter.

d) For complaints within the jurisdiction of a lower level but overdue and not yet resolved, the head of the higher-level agency shall require the lower-level agency or individual with the authority to resolve the complaint to address it, while also taking measures to monitor the resolution process.

đ) For complaints or records containing opinions that meet the conditions, the competent authority or individual responsible for resolving the matter must accept and notify the complainant in writing. The acceptance and resolution process must be fully recorded in the case registration book and monitored.

1.4. The resolution of complaints must be reflected in a decision and must have a file.

The decision on resolving complaints must include the name, address of the complainant; the person complained against; the content of the complaint; the legal basis applied to resolve the complaint; measures taken.

The file for resolving complaints must contain the complaint letter or record of the complaint opinion, the explanation document from the person complained against, the inspection record, verification conclusion, appraisal results, decision on resolving the complaint, and other related documents.

The file for resolving complaints must be paginated according to the order of the documents and stored in accordance with the provisions of the law.

2. Responsibilities of the competent authorities and individuals in resolving complaints

2.1. To ensure the rights and obligations of the complainant and the person complained against as stipulated in Articles 326 and 327 of the Criminal Procedure Code, the competent authority or individual responsible for resolving complaints has the responsibility to organize the receipt of complaints, fully record the content of the complaint in the case registration book, and monitor the resolution process. In cases where the complainant withdraws the complaint in writing, the competent authority or individual responsible for resolving the complaint must issue a decision to terminate the resolution process.

When resolving complaints, the competent authority or individual may request the complainant to provide additional statements or request the person complained against to provide additional explanations, make a record of the provision of relevant documents and information related to the complaint; they have the right to meet and dialogue with the complainant, the person complained against, and those related to verify issues that need clarification.

Upon completion of the resolution of the complaint, the competent authority or individual responsible for resolving the complaint must issue a decision on resolving the complaint. This decision must be sent to the complainant, the person complained against, the final competent authority or individual responsible for resolving the complaint, and the same-level People's Procuracy.

Based on the resolution results, the competent authority or individual responsible for resolving the complaint must apply measures or recommend the responsible authority or individual to apply measures to rectify violations of the law regarding the challenged decisions or procedural acts, and at the same time handle or recommend the competent authority to handle the person who made the challenged decisions or procedural acts if their misconduct warrants disciplinary action.

2.2. The authority or individual with the challenged decisions or procedural acts has the responsibility to provide relevant documents related to the complaint upon the request of the competent authority or individual responsible for resolving the complaint. Specifically, the investigation agency only provides the Procuracy with documents that the Procuracy does not already possess. The provision of files and documents related to the resolution of complaints must be completed within three days from the date of receiving the request.

The provision of files and documents related to complaints and the resolution of complaints concerning the application of arrest, temporary detention, and pre-trial detention measures must be completed within twelve hours from the date of receiving the request from the competent authority or individual responsible for resolving the complaint.

2.3. When resolving complaints related to the application of arrest, temporary detention, and pre-trial detention measures, the following should be implemented:

a) The provisions of Article 333 of the Criminal Procedure Code regarding the jurisdiction and time limit for resolving complaints related to the application of arrest, temporary detention, and pre-trial detention measures only apply to complaints related to these measures taken by the investigation agency, agencies assigned to conduct certain investigative activities, and the Procuracy.

b) Complaints related to the application of arrest, temporary detention, and pre-trial detention measures based on orders issued by authorized individuals in the investigation agency or agencies assigned to conduct certain investigative activities, which have been approved or prosecuted by the Procuracy, shall be resolved by the Procuracy.

c) Complaints related to the application of arrest, temporary detention, and pre-trial detention measures based on orders issued by the Deputy Procurator shall be resolved by the Procurator. If dissatisfied with the resolution result, the complainant has the right to appeal to the superior Procuracy. Complaints related to the application of arrest, temporary detention, and pre-trial detention measures based on orders issued by the Procurator shall be resolved by the superior Procuracy. The resolution by the superior Procuracy is the final resolution.

d) Complaints related to the application of arrest and pre-trial detention measures based on orders issued by the Deputy President of the Court shall be resolved by the President of the Court. If dissatisfied with the resolution result, the complainant has the right to appeal to the superior Court. Complaints related to the application of arrest and pre-trial detention measures based on orders issued by the President of the Court shall be resolved by the superior Court. The resolution by the superior Court is the final resolution.

Complaints related to the application of arrest and pre-trial detention measures based on orders issued by the Judge holding the position of Chief Judge or Deputy Chief Judge of the Supreme People's Court of Appeals shall be resolved by the President of the Supreme People's Court. The resolution by the President of the Supreme People's Court is the final resolution.

The time limit for resolving complaints related to the application of arrest and pre-trial detention measures by the Court shall be carried out in accordance with the time limit provisions set forth in Article 333 of the Criminal Procedure Code.

đ) If there is no need for additional time to verify, the time limit for resolving complaints related to the application of arrest, temporary detention, and pre-trial detention measures is twenty-four hours from the date of receiving a valid complaint.

2.4. The agency receiving complaints transferred by National Assembly deputies, People's Council deputies, the Vietnam Fatherland Front Committee and its member organizations, or news agencies, if within their jurisdiction to resolve, shall accept and resolve the complaint and notify in writing the agency, organization, or individual that transferred the complaint; if the complaint is not within their jurisdiction to resolve, they shall return it and notify in writing the agency or individual that transferred the complaint.

III. REGARDING REPORTS AND THE SETTLEMENT OF REPORTS

1. The acceptance and classification, handling of reports

1.1. The person making the report may submit a written report or directly present the report regarding the violation of laws by individuals with authority to conduct litigation proceedings. The reporting document or record of the report must include the name, address of the person making the report; the name, position, and illegal acts of the person being reported, and any related requests from the person making the report (such as requesting confidentiality of their name, requesting notification of the resolution result...).

1.2. The agency receiving the report has the responsibility to classify and handle as follows:

a) For reports within the jurisdiction of a particular agency, that agency is responsible for resolving them. If the report is not within their jurisdiction to resolve, they must transfer the report or the record of the report and related documents and evidence to the competent agency or individual for resolution and notify the person making the report if requested, no later than ten days from the date of receipt.

b) Do not consider or resolve anonymous, fake-name, unclear-address, or unsigned reports, or reports already resolved by competent agencies or individuals unless new evidence is provided by the person making the report.

c) For reports of violations of laws outside litigation activities by individuals with authority to conduct litigation proceedings and reports of violations of laws by other individuals within the litigation agency, handle according to the provisions of the Law on Complaints and Reports.

d) For reports or records of reports regarding violations of laws by individuals with authority to conduct litigation proceedings that indicate criminal offenses, handle according to the provisions of Article 103 of the Criminal Procedure Code.

2. Responsibilities of agencies and individuals with authority in resolving reports

2.1. Agencies and individuals with authority to resolve reports have the responsibility to organize the acceptance of reports, create a record of the report when citizens directly present their reports (audio recording may be made if necessary), record the full content of the report in the case registration book and monitor the resolution of the report, keep confidential the name, address, and signature of the person making the report according to their request, promptly request relevant authorities to protect the person making the report if they are threatened, harassed, or retaliated against.

2.2. When applying the provisions of Clause 1, Article 337 of the Criminal Procedure Code regarding jurisdiction and time limit for resolving reports, implement as follows:

a) Agencies and individuals with authority to resolve reports must issue a decision on the verification and investigation of the content of the report. This decision must include the name, position of the person assigned to verify, the content to be verified, the time to conduct verification, the powers and responsibilities of the person assigned to verify. During verification, the person assigned to verify has the right to directly meet with the person making the report, the person being reported, and those related to clarify issues needing verification.

After completing the verification, the agency or individual with authority to resolve must issue a conclusion document on the content of the report;

b) During the resolution of reports regarding violations of laws by individuals with authority to conduct litigation proceedings, if discovering related litigation actions that violate the law, the agency or individual with authority to resolve must take corrective measures or recommend the relevant agency or individual to take corrective measures, without waiting for the resolution result of the report.

Based on the results of verification and conclusions about the content of the report, the individual with authority to resolve the report must notify the content of the conclusion to the person making the report and the management agency of the person making the report (except for contents in the list of state secrets); if the report is false, recommend the competent state agency to handle the person making the report according to the law. In cases where the person being reported has violated the law and needs disciplinary action, handle according to their authority or recommend the relevant agency or individual to handle;

c) Agencies and individuals related to the report must provide all necessary documents for the resolution of the report according to the requirements of the agency or individual with authority to resolve within ten days from the date of receipt of the request.

2.3. When resolving reports related to arrest, temporary detention, and pretrial detention, implement as follows:

a) The provisions of Clause 3, Article 337 of the Criminal Procedure Code regarding jurisdiction and time limit for resolving reports related to the application of arrest, temporary detention, and pretrial detention measures only apply to reports related to the application of arrest and temporary detention measures by investigative agencies, agencies entrusted to carry out certain investigative activities, and the Public Prosecutor's Office.

b) Reports related to the application of arrest, temporary detention, and pretrial detention measures based on orders from individuals with authority in investigative agencies, agencies entrusted to carry out certain investigative activities, approved or prosecuted by the Public Prosecutor's Office with authority shall be resolved by the Public Prosecutor's Office.

c) Reports related to the application of arrest, temporary detention, and pretrial detention measures based on orders from the Deputy Chief Prosecutor shall be resolved by the Chief Prosecutor. Reports related to the application of arrest, temporary detention, and pretrial detention measures based on orders from the Chief Prosecutor shall be resolved by the Public Prosecutor's Office at the same level.

d) Reports related to the application of arrest and pretrial detention measures based on orders from the Deputy President of the Court shall be resolved by the President of the Court. Reports related to the application of arrest and pretrial detention measures based on orders from the President of the Court shall be resolved by the Court at the same level. Reports related to the application of arrest and pretrial detention measures based on orders from Judges holding the position of Chief Judge, Deputy Chief Judge of the Supreme People's Court of Appeals shall be resolved by the President of the Supreme People's Court.

The period for handling complaints related to the application of arrest and detention measures by the Court shall be carried out in accordance with the time limit provisions set forth in Clause 3, Article 337 of the Criminal Procedure Code.

d) If it does not fall under the cases requiring time for verification, then the period for handling complaints related to the application of arrest, temporary detention, and detention measures is twenty-four hours, counted from the time of receiving the complaint.

e) Relevant agencies and individuals must provide files and documents related to the acts of arrest, temporary detention, and detention upon request of the competent agency or individual authorized to handle the complaint within twelve hours, counted from the time of receiving the request.

2.4. The resolution of complaints must be reflected in conclusions and must have a file.

The conclusion document on the content of the complaint must clearly state the name, address of the complainant, the person complained against, the content of the complaint, the legal basis applied to resolve the complaint, and related measures.

The file for resolving complaints must include the complaint letter or record of the complaint opinion, the explanation document of the person complained against, the examination and verification records, the results of the appraisal, the conclusion on resolving the complaint, and other relevant documents.

The file for resolving complaints must be numbered according to the order of the documents and stored in accordance with the provisions of the law.

IV. REGARDING THE SUPERVISION OF COMPLAINT AND PETITION RESOLUTION

1. The implementation of the requirements of the People's Procuracy as stipulated in Clause 1, Article 339 of the Criminal Procedure Code.

1.1. The People's Procuracy requests the investigative agency, the Court at the same level and lower levels, the Border Guard, Customs, Forest Rangers, Coast Guard forces, and other agencies of the Public Security and People's Army assigned to conduct certain investigative activities to issue documents resolving complaints and petitions when they fall under one of the following circumstances:

a) The People's Procuracy receives a petition complaining about the failure of the competent agency or individual authorized to resolve complaints and petitions to issue a document resolving the complaint or petition within the prescribed time limit.

b) The People's Procuracy has grounds to determine that the competent agency or individual authorized to resolve complaints and petitions failed to issue a document resolving the complaint or petition within the prescribed time limit.

The agency requested has the responsibility to implement the request of the People's Procuracy within three days from the date of receipt of the request. In case of encountering objective obstacles requiring additional time, a notification explaining the reasons must be issued to inform the People's Procuracy.

1.2. The People's Procuracy requests the Investigative Agency, the Court at the same level and lower levels, the Border Guard, Customs, Forest Rangers, Coast Guard forces, and other agencies of the Public Security and People's Army assigned to conduct certain investigative activities to inspect the resolution of complaints and petitions at their own level and lower levels when they fall under one of the following circumstances:

a) The People's Procuracy receives a request from a competent authority.

b) The People's Procuracy receives a petition complaining about the violation of laws in the resolution of complaints and petitions by the competent agency or individual authorized to resolve them.

c) The People's Procuracy has grounds to determine that there are signs of violations of laws in the resolution of complaints and petitions by the competent agency or individual authorized to resolve them.

d) The agency requested has the responsibility to notify the People's Procuracy of the inspection results within fifteen days from the date of receipt of the request. In case of encountering objective obstacles requiring additional time, a notification explaining the reasons must be issued to inform the People's Procuracy.

1.3. The People's Procuracy requests the Investigative Agency, the Court at the same level and lower levels, the Border Guard, Customs, Forest Rangers, Coast Guard forces, and other agencies of the Public Security and People's Army assigned to conduct certain investigative activities to provide files and materials related to the resolution of complaints and petitions when the requests of the People's Procuracy under Points a and b of Clause 1, Article 339 of the Criminal Procedure Code are not implemented or not fully implemented by these agencies.

The agency requested has the responsibility to implement the request of the People's Procuracy within seven days from the date of receipt of the request. In case of encountering objective obstacles requiring additional time, a notification explaining the reasons must be issued to inform the People's Procuracy.

2. The direct supervision implementation by the People's Procuracy as stipulated in Clause 2, Article 339 of the Criminal Procedure Code.

2.1. The People's Procuracy directly supervises the Investigative Agency, the Court at the same level and lower levels, the Border Guard, Customs, Forest Rangers, Coast Guard forces, and other agencies of the Public Security and People's Army assigned to conduct certain investigative activities when, through reviewing files and documents related to the resolution of complaints and petitions guided in Subsection 1.3 Section 1 Part IV of this Circular, it finds that the resolution has not been carried out in accordance with the provisions of the law.

2.2. To decide on direct supervision, the People's Procuracy has the right to verify and collect documents to determine compliance with the law in the resolution of complaints and petitions by the Investigative Agency, the Court at the same level and lower levels, the Border Guard, Customs, Forest Rangers, Coast Guard forces, and other agencies of the Public Security and People's Army assigned to conduct certain investigative activities.

2.3. Direct supervision must be decided in writing and organized by the Chief Prosecutor of the People's Procuracy. The content of the decision on direct supervision must clearly state the legal basis for conducting supervision, the specific case to be supervised, and the measures to be taken.

2.4. Within fifteen days from the date of receipt of the decision on direct supervision, the agency subject to supervision has the responsibility to create conditions for the People's Procuracy to carry out supervision and promptly and fully provide files, case registration books, and other relevant documents upon request of the People's Procuracy.

2.5. During the supervision process, if necessary, the People's Procuracy may directly meet and dialogue with the petitioner, the person being petitioned, the complainant, the person being complained against, and other relevant persons to verify issues that need clarification to conclude compliance with the law in the resolution of complaints and petitions by the agency subject to supervision.

2.6. Upon completion of the inspection, if violations of the law are discovered in the handling of complaints and denunciations by the inspected agency, the People's Procuracy shall issue a protest or recommendation to require the inspected agency to remedy the violation of the law. At the same time, if deemed necessary, the People's Procuracy may issue a document recommending that the direct superior agency of the inspected agency take related management measures.

Within fifteen days from the date of receipt of the protest or recommendation of the People's Procuracy, the inspected agency must provide a written response. The content of the response must state agreement or disagreement with the protest or recommendation of the People's Procuracy. If there is disagreement with the protest or recommendation of the People's Procuracy, the inspected agency has the right to appeal to the direct superior People's Procuracy. Within fifteen days from the date of receipt of the appeal document, the direct superior People's Procuracy must provide a conclusion and response to the inspected agency. In the case where the inspected agency does not implement the protest or recommendation of the People's Procuracy without cause, the People's Procuracy has the right to recommend to the superior management agency of the inspected agency to take measures to compel the inspected agency to implement.

2.7. The People's Procuracy that issues a protest or recommendation is responsible for checking the implementation of the protest or recommendation by the inspected agency. The content of the check must be consistent with the content of the protest or recommendation. Upon completion of the check, the People's Procuracy must issue a conclusion document on the implementation of the protest or recommendation by the inspected agency.

2.8. Direct inspections must be recorded in a file. The direct inspection file must include the decision on direct inspection, working records, reviews, verifications, and related documents for conclusions, recommendations, and protests. The direct inspection file must be paginated according to the order of the documents and retained in accordance with the provisions of the law.

V. EFFECTIVENESS OF THE CIRCULAR

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. Complaints and denunciations arising from July 1, 2004, or although arising before July 1, 2004, but still being processed, shall be handled in accordance with the guidance of this Circular. Complaints and denunciations resolved by July 1, 2004, shall not be reprocessed based on the guidance provided in this Circular.

3. Complaints and complaint resolution by individuals, agencies, and organizations from foreign countries, and denunciations and denunciation resolution by foreign individuals in Vietnam shall be carried out in accordance with the guidance of this Circular, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

4. During the implementation of this Circular, if there are difficulties requiring clarification, individuals and agencies responsible for implementation must 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 Justice for explanation or supplementary guidance.