Joint Circular No. 02/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP stipulates the procedures, formalities, deadlines, and locations for suspects or legal representatives of commercial entities to read, copy, or record digitalized documents related to criminal charges, exonerations, or other documents relevant to defense.

JOINT CIRCULAR

Regarding the procedures, formalities, time limits, location for the accused or person

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On the basis of Criminal Procedure Code dated November 27, 2015;

Pursuant to Resolution No. 110November 27, 2015 dated on the implementation of the Criminal Procedure Code of the National Assembly vBased on Resolution No. 41/2017/QH14;

on the implementation of the Criminal Code No. 100/2015/QH13 amended and supplemented by Law No. 12/2017/QH14 and the effectiveness of the Criminal Procedure Code No. 101/2015/QH13, the Law on Organizing Investigative Organs No. 99/2015/QH13, and the Law on Temporary Detention No. 94/2015/QH13; dated 20/6/2017 of the National Assembly vThe Minister of Public Security, the Prosecutor General of the Supreme People's Procuracy, the President of the Supreme People's Court, and the Minister of National Defense issue this Joint Circular

procedures, formalities, time stipulating for , location for the accused THEor person representing the legal entity according to the law of a commercial legal entity committing a crime to read, record copies of the document related to the accusation, exoneration or send a text message that has been digitized related to the accusation, exoneration copies other documents related to defense. Article 1. This Joint Circular stipulates the procedures, formalities, time limits, and locations for the accused or the representative of a commercial legal entity committing a crime to read and record copies of documents or digitized materials related to the accusation, exoneration, or copies of other documents related to defense when they make such requests in accordance with the provisions of the Criminal Procedure Code.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 2. This Joint Circular applies to agencies, persons authorized to conduct criminal proceedings, detention facilities, the accused, representatives of commercial legal entities committing crimes, and other relevant agencies, organizations, and individuals.

1. Compliance with the provisions of the Criminal Procedure Code and other relevant laws.

Article 2. Principles of Application

2. Copies of documents or digitized materials are part of the criminal case file and must accurately reflect the content and quantity of the original file; they may not be altered or modified.

3. The accused or the representative of a commercial legal entity committing a crime has the right to read and record documents from the end of the investigation phase through the prosecution phase until before the court issues a decision to commence trial.

4. Ensuring full compliance with the procedures, formalities, time limits, locations, and rights of the accused or the representative of a commercial legal entity committing a crime to read and record copies of documents or digitized materials related to the accusation, exoneration, or copies of other documents related to defense when they make such requests.

5. Providing the accused or the representative of a commercial legal entity committing a crime with the opportunity to read and record copies of documents or digitized materials must ensure confidentiality requirements as prescribed by law, without hindering investigative, prosecution, and trial activities, and within the specified timeframes.

Article 4. Cases where the accused or the representative of a commercial legal entity committing a crime may read and record copies of documents or digitized materials

1. Agencies or persons authorized to conduct criminal proceedings handling the case shall decide to produce copies of documents or digitize materials related to the accusation, exoneration, or other documents related to defense (hereinafter referred to as documents) for the accused or the representative of a commercial legal entity committing a crime to read and record when they request it, unless it falls under one of the cases stipulated in Clause 2 of this Article.

2. Agencies or persons authorized to conduct criminal proceedings handling the case must refuse the accused or the representative of a commercial legal entity committing a crime the right to read and record documents or continue reading and recording documents in the following cases:

a) Documents related to state secrets; professional secrets, business secrets, personal privacy, and family secrets of participants in the proceedings who have requested agencies or persons authorized to conduct criminal proceedings to keep them confidential in accordance with the Criminal Procedure Code and other relevant laws.

Information and documents provided by participants in the proceedings who are informants or reporters of criminal offenses and have requested agencies or persons authorized to conduct criminal proceedings to keep them confidential;

b) Decisions, orders, procedural documents that have been handed over to the accused or the representative of a commercial legal entity committing a crime in accordance with the Criminal Procedure Code;

c) There is evidence indicating that the accused or the representative of a commercial legal entity committing a crime has committed one of the following acts:

- Bribery, coercion, incitement of others to give false statements, provide false documents; destruction, forgery of evidence, electronic data, objects of the case; threatening, controlling, retaliating against witnesses, victims, informants of criminal offenses, and their relatives.

- Deception, threats, bribery, or use of force to prevent witnesses from testifying or compel others to give false testimony; prevent victims from participating in proceedings or compel victims to give false statements; prevent experts or asset evaluators from performing their duties or compel them to give false conclusions; prevent interpreters or translators from performing their duties or compel them to translate falsely; prevent representatives of other agencies, organizations, or individuals from participating in proceedings.

- Defaming the reputation, dignity, and credibility of persons authorized to conduct criminal proceedings; threatening, using force, or engaging in other acts to obstruct the proceedings of persons authorized to conduct criminal proceedings.

- Insulting the dignity, reputation, and authority of persons authorized to conduct proceedings; threatening, using violence, or engaging in other acts that obstruct the proceedings of persons authorized to conduct proceedings.

- Having been summoned but absent without force majeure or objective obstacles and their absence impedes the proceedings; Obstructing the issuance, delivery, receipt, or notification of procedural documents by the competent authority conducting the proceedings;

d) There are grounds to determine that the suspect or the legal representative of the commercial entity has committed the crime of disclosing case information or investigative secrets when requested to keep them confidential; using documents read or recorded for the purpose of infringing upon the interests of the State, public interest, or the lawful rights and interests of agencies, organizations, or individuals;

đ) When the investigation of the case has not yet concluded, the case is in the stage of resuming investigation, supplementary investigation, or re-investigation, or the Court has decided to bring the case to trial;

e) The agency or person with the authority to conduct the proceedings has issued a decision to terminate the investigation or temporarily suspend the investigation; terminate the investigation or temporarily suspend the investigation against the suspect; terminate the case or temporarily suspend the case; terminate the case or temporarily suspend the case against the suspect.

Chapter II

PROCEDURE, TIME LIMIT, AND LOCATION FOR THE SUSPECT OR LEGAL REPRESENTATIVE OF THE COMMERCIAL ENTITY COMMITTING THE CRIME TO READ AND RECORD COPIES OF DOCUMENTS OR DIGITIZED DOCUMENTS

Article 4. Notification of the rights of the suspect or legal representative of the commercial entity committing the crime to read and record documents

1. The person authorized to conduct the proceedings who is assigned to handle and resolve the case must notify and explain again to the suspect or the legal representative of the commercial entity committing the crime about their right to read and record copies of documents or digitized documents related to the accusation, exoneration, or other copies of documents related to their defense after the conclusion of the investigation if they request it when handing over the investigation conclusion report recommending prosecution or the indictment to the suspect or the legal representative of the commercial entity committing the crime.

2. The notification to the suspect or the legal representative of the commercial entity committing the crime about their right to read and record documents must be recorded in the handover receipt record of the investigation conclusion report recommending prosecution or the indictment by the person authorized to conduct the proceedings and transferred together with the criminal case file.

Article 5. Acceptance of Requests to Read and Record Documents from the Suspect or Legal Representative of the Commercial Entity Committing the Crime

1. When the suspect or the legal representative of the commercial entity committing the crime requests to read and record documents, they must submit a written request to the agency authorized to conduct the proceedings handling and resolving the case. The content of the written request must clearly state the information of the suspect or the legal representative of the commercial entity committing the crime, contact address, contact phone number, and the documents needed to be read and recorded so that the agency or person authorized to conduct the proceedings may consider and resolve the request.

2. In cases where the suspect is under temporary detention and submits a written request to read and record documents, the detention facility is responsible for transferring the suspect's written request to the agency authorized to conduct the proceedings handling and resolving the case within one day from the date of receiving the suspect's written request.

Article 6. Resolution of Requests to Read and Copy Documents of the Suspect or Legal Representative of a Commercial Entity Committing a Crime

Within three days from receiving the request for reading and copying documents from the suspect or legal representative of a commercial entity committing a crime, the authority in charge of handling the case shall be responsible for examining and resolving as follows:

1. In cases falling under Clause 2 of Article 3 of this Joint Circular, issue a notification refusing the suspect or legal representative of a commercial entity committing a crime permission to read and copy documents, stating the reasons clearly.

2. In cases not falling under Clause 1 of this Article, prepare an immediate copy of the document or digitized document and notify in writing, specifying the location and reasonable time period during which the suspect or legal representative of a commercial entity committing a crime may read and copy the documents.

3. The act of reading and copying documents by the suspect shall not be subject to pretrial detention measures; the legal representative of a commercial entity committing a crime shall carry out such acts at the office of the authority in charge of handling the case.

For suspects subject to pretrial detention measures, the authority in charge of handling the case shall allow the suspect to read and copy documents in the interrogation room of the detention facility.

Article 7. Implementation of Reading and Copying Documents for the Suspect or Legal Representative of a Commercial Entity Committing a Crime

1. The authority in charge of handling the case shall directly hand over copies of the documents or digitized documents to the suspect or legal representative of a commercial entity committing a crime for reading and copying.

For suspects subject to pretrial detention measures, the authority in charge of handling the case must provide writing tools and paper for the suspect to take notes. After the reading and copying period ends, the authority in charge of handling the case must collect the writing tools, and the suspect may retain the notes they have made and bring the documents into their cell.

2. The act of allowing the suspect or legal representative of a commercial entity committing a crime to read and copy documents must be supervised by the authority in charge of handling the case.

For suspects subject to pretrial detention measures, the authority in charge of handling the case must submit a written request to the detention facility to assign staff to participate in coordinating supervision to ensure safety during the process of allowing the suspect to read and copy documents.

3. In cases where the suspect or legal representative of a commercial entity committing a crime cannot use Vietnamese or the suspect has physical disabilities such as deafness, blindness, and requests to read and copy documents, the authority in charge of handling the case must invite interpreters, translators, or individuals who understand the gestures and behaviors of the deaf, the signs of the blind to participate in the process of allowing the suspect or legal representative of a commercial entity committing a crime to read and copy documents. For suspects under 18 years old, there must be a legal representative participating in the process of allowing the suspect to read and copy documents.

4. The time allowed for the suspect or legal representative of a commercial entity committing a crime to read and copy documents each time shall not exceed three hours, with no more than two sessions in one day.

5. The act of allowing the suspect or legal representative of a commercial entity committing a crime to read and copy documents must be recorded in a protocol. For cases stipulated in Clause 3 of this Article, additional confirmation from those participating in the process of allowing the suspect or legal representative of a commercial entity committing a crime to read and copy documents and having the suspect sign or affix their fingerprint to confirm must also be obtained.

Article 8. The use, preservation, and storage of copies of documents or digitized documents

1. The authorized person conducting litigation who is assigned to handle and resolve the case shall be responsible for preserving copies of documents or digitized documents related to the accusation, exoneration, or other copies of documents related to the defense of the accused or the legal representative of the commercial entity committing the crime.

2. Copies of documents or digitized documents and materials regarding the procedures and formalities for the accused or the legal representative of the commercial entity committing the crime to read and record shall be transferred together with the case file to the authorized litigation agency for resolution within its jurisdiction.

3. Copies of criminal case documents or digitized criminal case documents shall be preserved and stored in accordance with the provisions of the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect from March 18, 2018.

Article 10. Implementation Organization

1. The Ministry of Public Security, the Supreme People's Procuracy, the Supreme People's Court, and the Ministry of National Defense shall be responsible for organizing the implementation of this Circular within their respective functions, tasks, and powers.

2. Funding assurance:

a) Funding for ensuring the implementation of regulations on copying and digitizing documents in criminal case files shall be carried out in accordance with state regulations;

b) Payment of fees and costs for activities such as reading and recording documents requested by the accused or the legal representative of the commercial entity committing the crime under this Circular shall be implemented in accordance with the law.

3. During the implementation of this Circular, if there are any difficulties, they should be reported to the Ministry of Public Security, the Supreme People's Procuracy, the Supreme People's Court, and the Ministry of National Defense for timely guidance.