Joint Circular No. 02/2020/TTLT-BCA-BQP-BYT-BNG-TANDTC-VKSNDTC on the coordination in organizing the execution of capital punishment by lethal injection

This Joint Circular provides detailed regulations on the organization of executing capital punishment through lethal injection, including aspects such as the responsibilities of relevant agencies, necessary legal procedures, and specific guidance for implementation. The Circular takes effect from December 1, 2020.

문서 번호02/2020/TTLT-BCA-BQP-BYT-BNG-TANDTC-VKSNDTC
문서 유형Joint Circular
발행 기관Ministry of Public Security
업데이트14. 06. 2026
산업Public Security
분야Uncategorized
발행일14. 10. 2020
발효일01. 12. 2020
효력 만료일
상태In effect
✦ 스마트 요약

This Joint Circular provides detailed regulations on the organization of executing capital punishment through lethal injection, including aspects such as the responsibilities of relevant agencies, necessary legal procedures, and specific guidance for implementation. The Circular takes effect from December 1, 2020.

적용 범위

This Circular applies to agencies such as the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuracy in organizing the execution of capital punishment through lethal injection.

핵심 사항

  • Detailed provisions on the responsibilities of relevant agencies such as provincial police forces, military regions, courts, and prosecution offices.
  • Specific guidance on necessary legal procedures before carrying out capital punishment.
  • Regulations on organizing the execution of capital punishment and handling consequences after its implementation.
  • Regulations on the responsibility of health authorities in preparing drugs for use during the execution of capital punishment.
  • Regulations on the responsibility of diplomatic agencies in notifying rights to claim bodies and ashes of foreign nationals.

🌐 이 문서의 사회적 영향

  • Ensuring the solemnity and fairness of the law.
  • Ensuring safety for all parties involved during the execution of capital punishment.
  • Clear regulations help minimize errors and enhance efficiency in the execution of capital punishment.

❓ 자주 묻는 질문

Which circular does this replace?

This Joint Circular replaces Joint Circular No. 05/2013/TTLT-BCA-BQP-BYT-TANDTC-VKSNDTC issued by the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuracy guiding the organization of executing capital punishment by lethal injection.

When does this circular take effect?

This Joint Circular takes effect from December 1, 2020.

전문

MINISTRY OF PUBLIC SECURITY - MINISTRY OF NATIONAL DEFENSE -

MINISTRY OF HEALTH - MINISTRY OF FOREIGN AFFAIRS - SUPREME PEOPLE'S COURT -

SUPREME PROSECUTORIAL OVERSIGHT COUNCIL - INSTITUTE

FOR PROSECUTION SUPERVISION

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

Number: 02/2020/TTLT-BCA-BQP-BYT-

BNG-TANDTC-VKSNDTC

Hanoi, October 14, 2020

JOINT CIRCULAR
Regulations on the coordination to carry out capital punishment by lethal injection
By means of lethal injection

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

Pursuant to Decree No. 43/2020/NĐ-CP dated April 8, 2020 of the Government on the execution of capital punishment by lethal injection;

The Minister of Public Security, the Minister of National Defense, the Minister of Health, the Minister of Foreign Affairs, the Chief Justice of the Supreme People's Court, and the Chief Prosecutor of the Supreme Procuratorial Oversight Council jointly promulgate regulations on the coordination to carry out capital punishment by lethal injection.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint Circulars regulate principles, procedures, and formalities for carrying out capital punishment; organization of carrying out capital punishment; suspension of capital punishment; files for carrying out capital punishment; handling requests to receive corpses, ashes, bones, and burial of those who have been executed; and responsibilities of agencies, organizations, and individuals in organizing the execution of capital punishment by lethal injection.

Article 2. Applicability

These joint Circulars apply to agencies such as public security, military, health, foreign affairs, courts, and prosecution offices in organizing the implementation of capital punishment by lethal injection, and other agencies, organizations, and individuals related to the organization of implementing capital punishment and those sentenced to capital punishment.

Article 3. Principles of carrying out capital punishment

1. Compliance with the Constitution, laws, and regulations on the enforcement of criminal sentences; ensuring political, legal, diplomatic, and humanitarian policy requirements of the State in the execution of capital punishment.

2. Ensuring safety, strictness, and legality.

3. Ensuring centralized and unified direction and command of the Capital Punishment Enforcement Board; performing according to the functions, tasks, and authorities of each agency as prescribed by law.

4. The execution of capital punishment must be carried out at the designated location for capital punishment as stipulated by law.

Article 4. Budget for carrying out capital punishment

1. The budget for purchasing drugs for lethal injection for the execution of capital punishment and ensuring the execution of capital punishment shall be provided from the state budget within the annual budget estimate of the Ministry of Public Security, the Ministry of National Defense, provincial-level public security agencies (hereinafter referred to collectively as provincial-level public security agencies), and criminal enforcement agencies of military regions and equivalent units (hereinafter referred to collectively as military region criminal enforcement agencies) in accordance with the State Budget Law.

2. Provincial-level public security agencies and military region criminal enforcement agencies are responsible for paying allowances to those participating in the execution of capital punishment as stipulated in Article 3 and funeral expenses as stipulated in Article 7 of Decree No. 43/2020/NĐ-CP dated April 8, 2020 of the Government on the execution of capital punishment by lethal injection (hereinafter referred to collectively as Decree No. 43/2020/NĐ-CP) and other expenses serving the work of executing capital punishment.

Chapter II
ORGANIZATION AND IMPLEMENTATION OF CAPITAL PUNISHMENT

Article 5. Issuing decisions to execute capital punishment

1. After reviewing the file of the person sentenced to death including the documents specified in points a, b, c, and d of Clause 1 of Article 80 of the Criminal Enforcement Law, determining that the person sentenced does not fall under the circumstances specified in Clause 3 of Article 40 of the Penal Code 2015 (amended in 2017) and is not being investigated, prosecuted, or tried for another crime, the Chief Justice of the court that rendered the first-instance judgment must issue a decision to execute capital punishment in accordance with Article 77 of the Criminal Enforcement Law.

2. In cases where multiple persons are sentenced to death in a single case, the Chief Justice of the court with jurisdiction must issue a decision to execute capital punishment for each person sentenced to death in that case.

In cases where a person is sentenced to death multiple times by different courts, the Chief Justice of the court that rendered the last death sentence in the first instance has the responsibility to issue a decision to execute capital punishment for that person sentenced to death.

Article 6. Drafting the Execution Plan for Capital Punishment

1. Immediately after issuing the decision to establish the Capital Punishment Enforcement Board, the Chairperson of the Capital Punishment Enforcement Board assigns the Criminal Enforcement Agency of the provincial police force or the Criminal Enforcement Agency of the military region to draft the execution plan for capital punishment. The execution plan for capital punishment includes the following main contents:

a) Situations related to the organization of capital punishment enforcement;

b) Objectives and requirements;

c) Assignment of tasks to members of the Capital Punishment Enforcement Board;

d) Time and location for organizing the enforcement of capital punishment;

đ) Budget estimate for the enforcement of capital punishment and other necessary conditions to ensure the enforcement of capital punishment;

e) Organization of the enforcement of capital punishment.

2. The execution plan for capital punishment must be immediately sent to the members of the Capital Punishment Enforcement Board.

Article 7. Meeting of the Capital Punishment Enforcement Board

1. Within five working days from the date of issuing the decision to establish the Capital Punishment Enforcement Board, the Chairperson of the Capital Punishment Enforcement Board must convene a meeting of the Board. The venue and time of the meeting of the Capital Punishment Enforcement Board are decided and chaired by the Chairperson.

2. Members of the Capital Punishment Enforcement Board must participate in the meeting of the Board to unify the content of the plan.

3. At the meeting, the Capital Punishment Enforcement Board decides on the execution plan for capital punishment.

Article 8. Implementation of the Enforcement of Capital Punishment

1. Based on the execution plan for capital punishment of the Capital Punishment Enforcement Board, the Criminal Enforcement Agency of the provincial police force or the Criminal Enforcement Agency of the military region has the responsibility to draft the implementation plan for the enforcement of capital punishment, assign and arrange necessary forces and means to ensure the enforcement of capital punishment.

2. Assignment of specialized staff to carry out the enforcement of capital punishment:

a) The Criminal Enforcement Agency of the provincial police force, the Criminal Enforcement Agency of the military region assigns enforcement officers to determine veins; forensic doctors of the provincial police force, military units of the military region expose veins of the person subject to capital punishment in cases where veins cannot be determined;

b) The Chairperson of the Capital Punishment Enforcement Board issues a document requesting the Health Department of the province or centrally-administered city where the court issued the decision on capital punishment to send doctors from affiliated hospitals to the execution site to guide enforcement officers in exposing veins if necessary.

3. In cases where the person subject to capital punishment is a woman, immediately after receiving all files to enforce the death sentence, the Capital Punishment Enforcement Board must request the Head of the Criminal Enforcement Agency of the provincial police force or the Head of the Criminal Enforcement Agency of the military region to issue an order to extract the convicted person to a hospital under the Health Department or a military region hospital, where the convicted person is being held, to check and determine whether the convicted person is pregnant. The inspection must be documented and confirmed by the hospital conducting the inspection and determination.

Article 9. Suspension of Capital Punishment Enforcement

1. Suspension of capital punishment enforcement according to Article 81 of the Criminal Enforcement Law.

2. The Capital Punishment Enforcement Board decides to suspend capital punishment enforcement according to point b, Clause 1, Article 81 of the Criminal Enforcement Law in the following cases:

a) Cases of natural disasters, fires, or other objective obstacles that prevent the enforcement of capital punishment or accidents occur during escorting the person subject to capital punishment requiring them to be taken to a hospital;

b) Execution equipment and tools are damaged; veins cannot be determined; execution drugs are not of the correct type, quality, quantity, or other conditions ensuring the enforcement of capital punishment are not met.

Article 10. Execution File for Capital Punishment

1. The execution file for capital punishment includes the following documents:

a) In cases where the first-instance judgment is not appealed or protested through the appellate procedure, the file shall include the documents stipulated in Points c, d, đ, e, g, h, i, k, l, m, n, o, and p of Clause 1, Article 80 of the Criminal Enforcement Law, and the following documents:

- The first-instance judgment that has become legally effective;

- Minutes of suspension of capital punishment execution (if applicable);

- Notification from the Chief Justice of the Court that issued the decision to execute capital punishment to the relatives or legal representatives of the person subject to capital punishment to submit an application to receive the body or ashes of the deceased;

- Notification from the Chief Justice of the Court that issued the decision to execute capital punishment to the Consular Department of the Ministry of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs to request the diplomatic representative of the country whose citizen is subject to capital punishment to inform the relatives or legal representatives of the foreign national subject to capital punishment about receiving the body or ashes in case the person subject to capital punishment is a foreign national;

- Notification from the Chief Justice of the Court that issued the decision to execute capital punishment to the person who submitted an application to receive the body or ashes regarding acceptance or non-acceptance of such application;

- Notification from the Chief Justice of the Court that issued the decision to execute capital punishment to the criminal enforcement agency of the provincial police or military region criminal enforcement agency regarding acceptance or non-acceptance of the application to receive the body or ashes of the person subject to capital punishment;

- Notification from the Capital Punishment Execution Board regarding non-acceptance of the application to receive the body;

- Notification from the criminal enforcement agency of the provincial police or military region criminal enforcement agency to the person who submitted an application to receive the body of the person who has been executed for capital punishment regarding burial;

- Minutes of transfer and receipt of the body of the person who has been executed for capital punishment;

b) In cases where the first-instance judgment is appealed or protested through the appellate procedure (including cases where there is an appeal or protest against the death penalty and cases where there is an appeal or protest against other decisions of the first-instance judgment), the file shall include the documents stipulated in Point a of Clause 1 of this Article and the appellate judgment;

c) In cases where the first-instance judgment is not appealed or protested through the appellate procedure but there is a protest decision by the Chief Justice of the Supreme People's Court or the Prosecutor General of the Supreme People's Procuracy, the file shall include the documents stipulated in Point a of Clause 1 of this Article and the decision of the Supreme or Rehearing Council of the Supreme People's Court rejecting the protest and maintaining the death sentence, except for the documents stipulated in Point c of Clause 1 of Article 80 of the Criminal Enforcement Law;

d) In cases where the first-instance judgment is appealed or protested through the appellate procedure but the appellate judgment still maintains the decision of the first-instance judgment; there is a protest decision by the Chief Justice of the Supreme People's Court or the Prosecutor General of the Supreme People's Procuracy, the file shall include the documents stipulated in Point a of Clause 1 of this Article, the first-instance judgment, the appellate judgment, the decision of the Supreme or Rehearing Council of the Supreme People's Court rejecting the protest and maintaining the death sentence, except for the documents stipulated in Point c of Clause 1 of Article 80 of the Criminal Enforcement Law;

đ) In cases where there is a request from the Standing Committee of the National Assembly, a recommendation from the National Assembly's Legal Committee and the Prosecutor General of the Supreme People's Procuracy, and a proposal from the Chief Justice of the Supreme People's Court to reconsider the decision of the Supreme Court's Judicial Council, the file shall include the documents stipulated in Point d of Clause 1 of this Article and the following documents:

- Request document from the Standing Committee of the National Assembly, recommendation from the National Assembly's Legal Committee and the Prosecutor General of the Supreme People's Procuracy, and proposal from the Chief Justice of the Supreme People's Court;

- Notification document from the Supreme Court's Judicial Council regarding disagreement with the recommendation from the National Assembly's Legal Committee, the Prosecutor General of the Supreme People's Procuracy, and the proposal from the Chief Justice of the Supreme People's Court, and the document from the Standing Committee of the National Assembly regarding agreement with the result of considering the recommendation, proposal of the Supreme Court's Judicial Council (in case the National Assembly's Legal Committee, the Prosecutor General of the Supreme People's Procuracy, and the Chief Justice of the Supreme People's Court report to the Standing Committee of the National Assembly for consideration and decision on disagreement with the result of the Supreme Court's Judicial Council);

- Notification document from the Supreme Court's Judicial Council regarding agreement with the recommendation from the National Assembly's Legal Committee, the Prosecutor General of the Supreme People's Procuracy, and the proposal from the Chief Justice of the Supreme People's Court and Decision of the Supreme Court's Judicial Council regarding rejection of the request from the Standing Committee of the National Assembly, recommendation from the National Assembly's Legal Committee, the Prosecutor General of the Supreme People's Procuracy, and proposal from the Chief Justice of the Supreme People's Court and maintaining the decision of the Supreme Court's Judicial Council (in case the Supreme Court's Judicial Council convenes a session to reconsider its own decision);

2. The establishment, management, storage, and preservation of the execution file for capital punishment shall be carried out in accordance with the provisions of Clause 2, Article 80 of the Criminal Enforcement Law.

Article 11. Execution Record of Capital Punishment

1. The Secretary of the Capital Punishment Enforcement Board shall be responsible for preparing the execution record documenting all developments during the enforcement of capital punishment.

2. The execution record of capital punishment must ensure the following contents:

The record must clearly state the hour, date, month, year, location of capital punishment enforcement, place where the record was made; actions carried out according to the prescribed legal procedures, circumstances, and developments during the enforcement of capital punishment.

The record must be read aloud to the Capital Punishment Enforcement Board and witnesses. Members of the Capital Punishment Enforcement Board and witnesses must sign the record together; if they have different opinions or disagree with the content of the record, they have the right to note it down and sign their names.

Article 12. Cases Where the Person Subject to Capital Punishment Dies Before Being Executed

1. During the detention period awaiting capital punishment for cases where there has been a decision on capital punishment, a decision to establish the Capital Punishment Enforcement Board, if the person subject to capital punishment dies before being executed, the Chief Justice of the Court that issued the decision on capital punishment or the Chairman of the Capital Punishment Enforcement Board must immediately notify the Investigative Agency and the Prosecution Office with jurisdiction to determine the cause of death. After completing the procedures to determine the cause of death and obtaining permission from the competent authority, the Chief Justice of the Court that issued the decision on capital punishment or the Chairman of the Capital Punishment Enforcement Board shall instruct the Criminal Enforcement Agency of the Provincial Public Security Department or the Military Zone Criminal Enforcement Agency where the Court issued the decision on capital punishment to inform the person who submitted the request to receive the body of the person subject to capital punishment for burial or organization of burial.

2. In cases where the person subject to capital punishment dies during escort to the execution site, the Chairman of the Capital Punishment Enforcement Board must notify the Criminal Enforcement Agency of the Provincial Public Security Department or the Military Zone Criminal Enforcement Agency where the execution site is located, and simultaneously notify the Investigative Agency and the Prosecution Office with jurisdiction where the person subject to capital punishment died to proceed with the procedures as prescribed by law. After completing the procedures to determine the cause of death and obtaining permission from the competent authority, the Chairman of the Capital Punishment Enforcement Board shall instruct the Criminal Enforcement Agency of the Provincial Public Security Department or the Military Zone Criminal Enforcement Agency where the Court issued the decision on capital punishment to inform the person who submitted the request to receive the body of the person subject to capital punishment for burial or organization of burial.

3. Funeral expenses for the person subject to capital punishment who dies before being executed shall be implemented in accordance with Article 7 of Decree No. 43/2020/NĐ-CP.

Chapter III
PROCEDURES FOR RECEIVING CORPSES, CREMATED REMAINS, AND BONES
AND BURIAL OF PERSONS WHO HAVE BEEN EXECUTED

Article 13. Application for Receiving Corpses, Cremated Remains, and Bones

1. Applications for receiving corpses, cremated remains, and bones shall be carried out using forms numbered 01, 02, and 03 attached to this Circular.

2. In cases where the person subject to capital punishment is a Vietnamese citizen, the notification procedure for applying to receive corpses and cremated remains shall be implemented in accordance with Clause 1 of Article 83 of the Criminal Enforcement Law.

3. In cases where the person subject to capital punishment is a foreign national, the Chief Justice of the Court issuing the decision on capital punishment shall notify in writing the Consular Service Department of the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs to request the diplomatic mission of the country whose nationality the person subject to capital punishment holds to contact the relatives or legal representatives of the foreign national subject to capital punishment to apply for receiving corpses and cremated remains. The notification shall specify personal information, place of detention, contact address, related documents, and set a deadline for response. If, after the Chief Justice of the Court has issued the notification and no application for receiving corpses and cremated remains from the relatives, legal representatives, or a reply from the diplomatic mission of the country whose nationality the person subject to capital punishment holds is received, it shall be deemed that the relatives and legal representatives of the person subject to capital punishment have refused to receive corpses and cremated remains.

Article 14. Handling the Acceptance of Corpses, Ashes, Remains, and Burial of Persons Executed by Capital Punishment

1. The handling of the acceptance of corpses, ashes, remains, and burial of persons executed by capital punishment shall be carried out in accordance with the provisions of Clauses 2, 3, 4, 5, 6, and 7 of Article 83 of the Criminal Enforcement Law. The handover of corpses, ashes, and remains of persons executed by capital punishment shall not be organized during nighttime hours (from 10 PM of the previous day to 6 AM of the following day).

2. The organization of the burial of persons executed by capital punishment must ensure environmental hygiene requirements, local security and public order, and other relevant legal regulations.

3. The criminal enforcement agencies under the provincial police force and the criminal enforcement agencies under the military region have the responsibility to organize the burial of persons executed by capital punishment and must notify the People's Committee of the commune where the burial takes place to designate a cemetery or burial site for persons executed by capital punishment. Within one working day from the date of receiving the notification from the criminal enforcement agency under the provincial police force or the criminal enforcement agency under the military region, the People's Committee of the commune where the burial takes place must send a written notification about the burial site for persons executed by capital punishment to the criminal enforcement agency that issued the notification.

4. Within three working days from the date of execution, the criminal enforcement agency under the provincial police force or the criminal enforcement agency under the military region must inform the relatives or the lawful representative of the person executed by capital punishment about the burial site. In cases where the person executed by capital punishment is a foreign national, the notification must also be made to the Consular Department of the Ministry of Foreign Affairs or another agency authorized by the Ministry of Foreign Affairs. At the same time, all documents, belongings, assets, and money of the person executed by capital punishment (if any) must be handed over fully, and the handover must be recorded in a protocol according to the prescribed regulations.

Chapter IV
RESPONSIBILITIES OF THE AUTHORITIES
IN THE ENFORCEMENT OF CAPITAL PUNISHMENT

Article 15. Responsibilities of the Criminal Enforcement Agency Under the Provincial Police Force

1. Implement in accordance with the provisions of Article 9 of Decree No. 43/2020/NĐ-CP.

2. Coordinate with the detention center holding the person executed by capital punishment in accordance with the provisions of Article 11 of Decree No. 43/2020/NĐ-CP.

3. Request the Records Office to assign personnel to take fingerprints, compare with the original prints, and confirm the identity of the person executed by capital punishment before carrying out the capital punishment.

4. Request the Criminal Technical Investigation Office to photograph and record the voice of the person executed by capital punishment to send back to the relatives of the person executed by capital punishment, and assign a forensic doctor to perform tasks as required by the Chairman of the Capital Punishment Enforcement Board.

5. Request the Logistics Office to prepare means, funds, and facilities to serve the work of enforcing capital punishment, and pay the stipend for the Capital Punishment Enforcement Team and those participating in the enforcement of capital punishment according to the regulations.

6. Direct the county-level police force where the capital punishment is enforced to arrange forces and means to cooperate in implementing the enforcement of capital punishment.

7. Develop plans, schemes, allocate tasks to participating forces, and organize the enforcement of capital punishment; handle death registration procedures at the People's Committee of the county or commune where the capital punishment is enforced.

8. Report to the Director of the provincial police force to strengthen functional forces to support the work of enforcing capital punishment if necessary.

Article 16. Responsibilities of Provincial People's Courts and Military Region Military Courts

1. Implement in accordance with the provisions of Articles 21, 77, 78, and 83 of the Criminal Enforcement Law.

2. Deploy according to the plan for enforcing capital punishment that has been issued.

3. Appoint staff members of the Court to serve as Secretaries assisting the Capital Punishment Enforcement Board.

4. Coordinate with criminal enforcement agencies under provincial public security organs, military region criminal enforcement agencies, and the Consular Department of the Ministry of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs in organizing the enforcement of capital punishment.

Article 17. Responsibilities of Provincial People's Procuratorates and Military Region Military Procuratorates

1. Supervise compliance with the law by Provincial People's Courts and Military Region Military Courts in issuing decisions on the enforcement of capital punishment and implement in accordance with the provisions of Article 78 of the Criminal Enforcement Law.

2. Supervise compliance with the law by Provincial People's Courts and Military Region Military Courts, criminal enforcement agencies under provincial public security organs, and military region criminal enforcement agencies regarding the handling of procedures related to accepting or not accepting corpses, ashes, and bones of persons who have been executed.

3. Supervise compliance with the law by the Capital Punishment Enforcement Board on the procedure and process during the enforcement of capital punishment, suspension of capital punishment; supervise the activities of capital punishment enforcement by criminal enforcement agencies under provincial public security organs and military region criminal enforcement agencies and soldiers directly executing capital punishment in accordance with the law.

Article 18. Responsibilities of criminal enforcement agencies under military regions

1. Implement in accordance with the provisions of Article 13 of Decree No. 43/2020/NĐ-CP.

2. Coordinate with detention centers where persons sentenced to capital punishment are held in accordance with the provisions of Article 14 of Decree No. 43/2020/NĐ-CP.

3. Propose competent authorities to appoint fingerprinting officers to compare fingerprints with original prints to confirm the correct person carrying out capital punishment before execution; take photographs and record the statements of the person sentenced to capital punishment to be sent back to their relatives.

4. Draft specific plans to mobilize and assign tasks to participating forces, ensuring means, funds, facilities, weapons, communication equipment, and other necessary conditions to submit for approval by competent authorities and organize implementation; settle allowances for officers and soldiers participating in capital punishment enforcement; handle death registration procedures at the People's Committee of the district or commune where the execution takes place.

5. Report to the Commander of the Military Region and the criminal enforcement management agency under the Ministry of National Defense on strengthening support forces for capital punishment enforcement when necessary and the results of capital punishment enforcement.

Article 19. Responsibilities of health agencies

1. The Public Security Health Bureau of the Ministry of Public Security and the Military Health Bureau of the Ministry of National Defense are responsible for drafting annual plans to forecast drugs for capital punishment enforcement.

2. The Ministry of Health is responsible for implementing in accordance with Clause 1 and Clause 2 of Article 17 of Decree No. 43/2020/NĐ-CP.

3. Provincial Health Departments direct subordinate hospitals to implement in accordance with Clause 4 of Article 17 of Decree No. 43/2020/NĐ-CP and direct specialized agencies to issue health quarantine certificates for corpses (bodies), ashes, and bones of persons who have been executed.

3. The Department of Health of the province or centrally governed city shall direct subordinate hospitals to implement in accordance with Clause 4, Article 17 of Decree No. 43/2020/NĐ-CP, and direct specialized agencies to issue certificates of health quarantine for corpses (bodies), ashes, and bones of persons who have been sentenced to death.

Article 20. Responsibilities of Diplomatic Agencies

1. Functional units under the Ministry of Foreign Affairs shall be responsible for receiving and responding to requests from provincial courts regarding the notification to relatives or lawful representatives of foreign nationals sentenced to death about their right to request the corpse or ashes of the executed person.

2. Notify the representative office of the country whose nationality the executed person holds to contact with the relatives or lawful representatives of the foreign national sentenced to death regarding their right to request the corpse or ashes of the executed person.

3. Coordinate with the court, the criminal enforcement agency of the provincial public security department, the criminal enforcement agency of the military region, and the representative office of the country whose nationality the executed person holds in guiding, receiving, and resolving procedures related to the execution of the death penalty, including the acceptance of corpses, ashes, and bones of foreign nationals.

Chapter V
IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Circular takes effect from December 1, 2020.

2. Circular Jointly Issued No. 05/2013/TTLT-BCA-BQP-BYT-TANDTC-VKSNDTC dated June 6, 2013, jointly issued by the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuracy, guiding the organization of the execution of the death penalty by lethal injection, shall cease to be effective from the date this Circular Jointly Issued takes effect.

Article 22. Responsibility for enforcement

1. Agencies and units under the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Ministry of Foreign Affairs, the Supreme People's Court, and the Supreme People's Procuracy, within the scope of their functions, duties, and authorities, shall be responsible for organizing the implementation and guiding and supervising the implementation of this Circular Jointly Issued.

2. In the course of implementing this Circular Jointly Issued, if there are any difficulties, they are requested to report to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Ministry of Foreign Affairs, the Supreme People's Court, and the Supreme People's Procuracy for timely guidance.

 DEPUTY MINISTER
MINISTRY OF HEALTH
DEPUTY MINISTER

Nguyen Truong Son

DEPUTY MINISTER
MINISTRY OF NATIONAL DEFENSE
DEPUTY MINISTER

Lieutenant General Le Chiem

DEPUTY MINISTER
MINISTRY OF PUBLIC SECURITY
DEPUTY MINISTER

Lieutenant General Le Quoc Hung

DEPUTY MINISTER
MINISTRY OF FOREIGN AFFAIRS
DEPUTY MINISTER

Le Hoai Trung

DEPUTY PRESIDENT
PEOPLE'S COURT
SUPREME
ASSISTANT PRESIDENT

Nguyen Tri Tue

DEPUTY PROSECUTOR GENERAL
PEOPLE'S PROCURACY
SUPREME PEOPLE'S COURT
ASSISTANT PROSECUTOR GENERAL
PERMANENT DEPUTY

Nguyen Huy Tien

 

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02/2020/TTLT-BCA-BQP-BYT-BNG-TANDTC-VKSNDTC
Joint Circular No. 02/2020/TTLT-BCA-BQP-BYT-BNG-TANDTC-VKSNDTC on the coordination in organizing the execution of capital punishment by lethal injection
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