Joint Circular No. 02/2012/TTLT-VKSTC-TTCP-BCA-BQP stipulates the relationship and coordination among Inspection Agencies, Investigative Agencies, and Public Prosecution Offices in detecting, investigating, and handling cases with signs of criminal offenses proposed for prosecution by Inspection Agencies.

JOINT CIRCULAR

Regulations on the relationship and coordination among Inspection Agencies, Investigation Agencies, and Public Prosecution Offices in detecting, investigating, and handling cases with signs of criminal offenses proposed for prosecution by Inspection Agencies

and the Prosecutor's Office in the detection, investigation, and handling of cases with signs of criminal offenses referred for prosecution by the Inspectorate.

||| signs of criminal offenses proposed for prosecution by the Inspectorate.

________________________

Based on the Criminal Procedure Code dated December 10, 2003;

Based on the Inspection Law dated November 15, 2010;

Based on the Law on Organization of the People's Public Prosecution Office dated April 2, 2002;

Based on the Anti-Corruption Law dated November 29, 2005;

Based on the Decree-Law on Criminal Investigation Organization dated August 20, 2004;

To enhance efficiency and ensure close coordination among Inspection Agencies, Investigation Agencies, and Public Prosecution Offices in detecting, investigating, and handling cases with signs of criminal offenses proposed for prosecution by Inspection Agencies; the Supreme People's Public Prosecution Office, the Government Supervision Agency, the Ministry of Public Security, and the Ministry of National Defense hereby jointly stipulate as follows:

Article 1. On the scope of coordination relationships

This Circular stipulates the coordination relationship between Inspection Agencies, Investigation Agencies, and Public Prosecution Offices in detecting, investigating, and handling cases with signs of criminal offenses proposed for prosecution by Inspection Agencies; exchanging information on law violations and crimes.

Article 2. Coordination in exchanging information on law violations and crimes

Clause 1. Inspection Agencies, Investigation Agencies, and Public Prosecution Offices, based on their respective functions, tasks, and authorities as prescribed by law, shall regularly coordinate to exchange and provide each other with information on law violations and crimes discovered through inspection, investigation, and prosecution supervision activities; promptly exchange information and results of handling reports of criminal offenses and proposals for prosecution from Inspection Agencies regarding key cases and areas of concern to both Inspection Agencies, Investigation Agencies, and Public Prosecution Offices. For cases where Inspection Agencies have conducted inspections but did not propose prosecutions, if there is evidence suggesting further verification is necessary, the Inspection Agency shall issue a letter requesting the Investigation Agency to cooperate in verifying further.

Clause 2. For cases with signs of criminal offenses proposed for prosecution by Inspection Agencies and transferred to the Investigation Agency, if the Investigation Agency decides to initiate a criminal case, after the Investigation Agency concludes its investigation, the Public Prosecution Office shall issue an indictment for prosecution; the Investigation Agency and the Public Prosecution Office shall be responsible for informing the Inspection Agency that proposed the prosecution in writing.

Article 3. Coordination in handling cases with signs of criminal offenses proposed for prosecution by Inspection Agencies

Clause 1. During the course of inspection duties, if an Inspection Agency receives reports of criminal offenses or discovers cases with signs of criminal offenses with complete evidence, it shall immediately transfer the report of criminal offense or evidence and case file along with a proposal for prosecution to the competent Investigation Agency according to Article 26 of the Criminal Procedure Code.

Clause 2. In cases where signs of criminal offenses are discovered and concluded after the completion of an inspection, within five working days from the date of signing the inspection conclusion, the Inspection Agency shall issue a decision to transfer the case file and the proposal for prosecution to the competent Investigation Agency for consideration of initiating a criminal case, while simultaneously notifying the Public Prosecution Office at the same level in writing according to point o, Clause 1, Article 48 and point n, Clause 1, Article 55 of the Inspection Law 2010.

Article 4. On the authority to accept case files and requests for prosecution from Inspection Agencies

1. In cases where criminal offenses occur at administrative agencies or units under the jurisdiction of any level of local administration or military units at any level, the inspection request for prosecution shall be transferred to the competent investigative agency of that level for handling; if the criminal offense occurs at agencies or units under the management of the Ministry or the Government, the inspection request for prosecution shall be transferred to the Criminal Police Department of the Ministry of Public Security or the Military Investigation Department of the Ministry of National Defense.

2. In cases where violations of laws involve many complex circumstances and relate to multiple levels and sectors, if deemed necessary, before officially concluding the inspection and requesting prosecution, the Inspection Agency may convene a meeting of inter-sectoral leaders including the Inspection Agency, the Investigative Agency, and the Procuratorate at the same level to analyze and evaluate the collected evidence. If the inter-sectoral group unanimously determines that there are clear signs of criminal offenses, the Inspection Agency shall immediately transfer the file and the request for prosecution to the competent investigative agency to initiate the criminal case and conduct investigation according to the provisions of the law.

3. After receiving and reviewing the case file and the request for prosecution from the Inspection Agency, if the Investigative Agency finds that the criminal act does not fall within its jurisdiction, it shall transfer the case file and the request for prosecution to the competent investigative agency for handling, while simultaneously notifying in writing the Procuratorate at the same level and the Inspection Agency which requested prosecution.

Article 5. On the Handling of Requests for Prosecution from Inspection Agencies

1. After receiving the case file and the prosecution request from the Inspection Agency, upon review, if insufficient grounds exist to initiate a criminal case, the Investigative Agency shall directly investigate and verify to collect and supplement evidence, while requesting the Inspection Agency to cooperate in collecting additional materials and evidence to supplement the prosecution request file.

If, after the Inspection Agency supplements materials and evidence, there are still no grounds to determine signs of criminal offenses, the Investigative Agency shall issue a decision not to initiate a criminal case. If the Procuratorate at the same level agrees with the Investigative Agency's decision not to initiate a criminal case, the Investigative Agency shall proceed with the procedures to return the file to the Inspection Agency for resolution within its authority. If the supplementary materials confirm that the matter has signs of criminal offenses and falls within its jurisdiction, the Investigative Agency shall issue a decision to initiate a criminal case and notify in writing the Inspection Agency which requested prosecution.

Within twenty-four hours from issuing the Decision to Initiate a Criminal Case or the Decision Not to Initiate a Criminal Case, the Investigative Agency must send these decisions along with related documents to the Procuratorate at the same level for supervision of the initiation or non-initiation of the case according to Articles 104, 108, and 109 of the Criminal Procedure Code.

2. In cases where, upon completion of the inspection, the Inspection Agency does not request prosecution, but the Investigative Agency discovers signs of criminal offenses in the inspected matter, it shall issue a Decision to Initiate a Criminal Case and send this decision along with related documents to the Procuratorate at the same level for supervision of the initiation of the case. In such cases, if the Investigative Agency requests, the Inspection Agency shall have the responsibility to provide relevant materials related to the determination of criminal offenses that were collected during the inspection process.

3. The Investigative Agency shall be responsible for accepting the case file and the prosecution request from the Inspection Agency, and within twenty days from the date of receipt of the file, the Investigative Agency must issue one of the following decisions:

a) Decision to Initiate a Criminal Case;

b) Decision Not to Initiate a Criminal Case;

4. In cases where there are signs of criminal offenses but many complex circumstances require further verification and investigation in multiple places to clarify the basis for initiating a criminal case, the resolution period may be longer but shall not exceed sixty days. Beyond this period, if the Inspection Agency does not receive a written notification about the handling by the Investigative Agency, it has the right to request the Procuratorate at the same level and the higher-level Investigative Agency to examine and resolve the matter.

Article 6. Coordination relations in handling complaints regarding decisions not to initiate criminal proceedings or decisions to initiate criminal proceedings without grounds

1. During the process of receiving files, handling prosecution initiation complaints transferred from the Inspection Agency, through investigation and verification, if it is found that there are no grounds for initiating criminal proceedings, the Investigation Agency shall issue a Decision not to Initiate Criminal Proceedings and notify in writing, stating clearly the reasons for not initiating proceedings so that the Inspection Agency is aware.

2. Upon receipt of the Decision to Initiate Criminal Proceedings or the Decision not to Initiate Criminal Proceedings from the Investigation Agency, the Prosecution Office shall immediately assign a Prosecutor to examine the grounds and legality of these Decisions and propose in writing to the Prosecution Office Leadership to resolve as follows:

a) If the Decision not to Initiate Criminal Proceedings issued by the Investigation Agency lacks grounds, then the Prosecution Office shall issue a Decision to revoke that decision and issue a Decision to Initiate Criminal Proceedings, transferring it to the competent Investigation Agency to conduct the investigation as stipulated in Article 109 of the Criminal Procedure Code.

b) If the Decision to Initiate Criminal Proceedings issued by the Investigation Agency lacks grounds, then the Prosecution Office shall issue a Decision to revoke that decision and request the Investigation Agency to return the file to the Inspection Agency that made the complaint for resolution within its authority.

3. In cases where the Investigation Agency disagrees with the Decisions of the Prosecution Office specified in points a and b of Clause 2 of Article 6 of this Joint Circular, the Investigation Agency must still comply but has the right to submit a complaint to the superior Prosecution Office and report to the superior Investigation Agency; if it is an Investigation Agency at the central level, it may submit a complaint to the Chief Prosecutor of the Supreme People's Procuracy and the Chief Prosecutor of the Central Military Procuracy for review and decision.

Within twenty days from the date of receipt of the complaint from the Investigation Agency, if the superior Prosecution Office agrees with the complaint of the Investigation Agency, it shall issue a Decision to revoke the decision of the subordinate Prosecution Office; if it does not agree, it shall notify in writing, stating clearly the reasons to the Investigation Agency that submitted the complaint and the subordinate Prosecution Office. The result of the resolution by the superior Prosecution Office, the decision of the Chief Prosecutor of the Supreme People's Procuracy, and the decision of the Chief Prosecutor of the Central Military Procuracy is the final decision.

4. In cases where the Inspection Agency disagrees with the Decision not to Initiate Criminal Proceedings issued by the Investigation Agency, but the Prosecution Office at the same level considers that the decision has grounds and therefore does not revoke it; or the Inspection Agency disagrees with the Decision to Revoke the Decision to Initiate Criminal Proceedings issued by the Prosecution Office, it has the right to submit a complaint to the superior Prosecution Office. In cases where the Government Inspectorate submits a complaint, the Chief Prosecutor of the Supreme People's Procuracy shall review and decide. If the Defense Ministry Inspectorate submits a complaint, the Chief Prosecutor of the Central Military Procuracy shall review and decide.

Within twenty days from the date of receipt of the complaint, if the superior Prosecution Office agrees with the complaint of the Inspection Agency, it shall revoke the decision of the subordinate Prosecution Office; if it does not agree with the complaint of the Inspection Agency, it shall notify in writing, stating clearly the reasons. The result of the resolution by the superior Prosecution Office, the decision of the Chief Prosecutor of the Supreme People's Procuracy, and the decision of the Chief Prosecutor of the Central Military Procuracy is the final decision.

5. When the Investigation Agency has initiated criminal proceedings but during the investigation process, collecting evidence results differ from the contents recorded in the prosecution initiation complaint document of the Inspection Agency, the Investigation Agency shall notify in writing to the Inspection Agency that made the complaint about the initiation of criminal proceedings.

Article 7. Petition file for criminal case initiation and handover of files

1. The person issuing the inspection decision has the authority to decide on transferring the petition file and recommending the Investigation Agency to consider initiating a criminal case. Documents in the petition file for criminal case initiation must be original documents; if they are copies, the inspected entity must affix a stamp and confirm them. The head of the inspection team shall bear legal responsibility for this file.

2. The petition file for criminal case initiation includes:

a) A petition document recommending the Investigation Agency to consider initiating a criminal case signed by the person issuing the inspection decision, specifying the criminal act, the perpetrator, the consequences caused by the violation of the law, the time and place where the violation occurred.

b) The inspection decision, verification records of the inspection team regarding the violation of the law, reports, and explanations from the inspected entity.

c) A report by the head of the inspection team on the violations of the law with signs of criminal acts by the inspected entity. In cases where the inspection has concluded before the person issuing the inspection decision recommends the Investigation Agency to initiate a criminal case, the petition file for criminal case initiation must include an excerpt of the inspection conclusion document regarding the violation of the law that the Inspection Agency recommends initiating a criminal case for.

3. Along with the petition file for criminal case initiation, the Inspection Agency must transfer all related documents, invoices, certificates, ledgers to the Investigation Agency. Any items, money, gold directly related to the violation of the law discovered during the inspection must be managed and handled according to the law.

4. The handover of the petition file and recommendation for criminal case initiation between the Investigation Agency and the Inspection Agency shall take place at the headquarters of the Inspection Agency or the Investigation Agency. When handing over the petition file for criminal case initiation to the Investigation Agency, the Inspection Agency must prepare a detailed list of all documents and items in the file. The handover of the file must be recorded in a handover record, which must be signed by both the handover and receiving parties and their full names noted.

Article 8. Implementation organization

The Supreme People's Procuracy, Government Inspectorate, Ministry of Public Security, and Ministry of National Defense shall organize the implementation of this Circular. Annually, based on the results of cooperation between the Inspection Agency, Investigation Agency, and Procuracy, the Procuracies at all levels shall convene meetings of the heads of the Inspection, Investigation, and Procuracy agencies at the same level to evaluate the implementation of this Circular and draw lessons from the cooperation in detecting and handling cases with signs of criminal acts recommended for initiation by the Inspection Agency, while discussing further cooperation measures.

Article 9. Effective Date

1. This Circular takes effect from May 6, 2012, and replaces Joint Circular No. 03/2006/TTLT-VKSTC-TTCP-BCA-BQP dated May 23, 2006, issued by the Supreme People's Procuracy, Government Inspectorate, Ministry of Public Security, and Ministry of National Defense concerning the relationship and coordination in detecting, investigating, and handling cases with signs of criminal acts recommended for initiation by the Inspection Agency.

2. During implementation, if there are any difficulties or need for additional guidance, the Investigation Agency, Procuracy, and local Inspection Agencies should report to the Supreme People's Procuracy, Government Inspectorate, Ministry of Public Security, and Ministry of National Defense for timely explanation and supplementary guidance./.