Joint Circular No. 02/2025/TTLT-BCA-VKSNDTC-TANDTC stipulates the coordination among competent authorities in criminal proceedings activities, management, enforcement of temporary detention, pre-trial detention, and criminal execution when there is no county-level Public Security agency organized.

JOINT CIRCULAR

Provisions on coordination among competent authorities in criminal proceedings, management, enforcement of temporary detention and pre-trial custody, and execution of criminal sentences

when there is no county-level Public Security agency

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

The Minister of Public Security, the Prosecutor General of the Supreme People's Procuracy, and the President of the Supreme People's Court shall issue a Joint Circular to provide for coordination among competent authorities in criminal proceedings, management, enforcement of temporary detention and pre-trial custody, and execution of criminal sentences when there is no county-level Public Security agency.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation, scope of application

2. Applicability:

This Joint Circular provides for coordination among competent authorities in receiving and handling information about crimes, initiating investigations, conducting investigations, prosecution, and trial; management, enforcement of temporary detention and pre-trial custody, and execution of criminal sentences when there is no county-level Public Security agency, including counties, districts, towns, cities under provinces, and cities under centrally governed municipalities (hereinafter referred to collectively as county level).

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Criminal Investigation Agencies, agencies managing and enforcing temporary detention and pre-trial custody, and agencies managing and enforcing criminal sentences of the People's Public Security.

b) People's Procuracy;

c) People's Courts;

d) Authorities with jurisdiction stipulated in points a, b and c of this Clause;

đ) Other agencies, organizations, individuals related to the matter;

Article 2. Application of laws

1. The process of receiving and handling information about crimes, initiating investigations, and conducting investigations by the Criminal Investigation Agency of the People's Public Security; the exercise of public prosecution rights, supervision over the receipt and handling of information about crimes, initiation of investigations, prosecution, and trial for cases and cases when there is no county-level Public Security agency shall be carried out in accordance with the provisions of this Joint Circular and the provisions of other legal normative documents issued before the effective date of this Joint Circular, provided that they do not conflict with the provisions of this Joint Circular.

2. Management and enforcement of temporary detention and pre-trial custody, execution of criminal sentences, and supervision over the enforcement of temporary detention and pre-trial custody, and supervision over the execution of criminal sentences when there is no county-level Public Security agency shall be carried out in accordance with the provisions of this Joint Circular and the provisions of other legal normative documents issued before the effective date of this Joint Circular, provided that they do not conflict with the provisions of this Joint Circular.

Article 3. Transmission of Criminal Procedure Documents, Documents in Temporary Detention, Arrest Enforcement, and Criminal Sentence Enforcement

Authorities issuing orders, decisions, notifications, judgments, and other documents in criminal proceedings, enforcement of temporary detention and pre-trial custody, and execution of criminal sentences must send them to the competent authority responsible for enforcement according to the powers stipulated in this Joint Circular and the provisions of other legal normative documents issued before the effective date of this Joint Circular, provided that they do not conflict with the provisions of this Joint Circular.

Chapter II

COORDINATION IN RECEIVING AND HANDLING

INFORMATION ABOUT CRIMES, INITIATING PROSECUTIONS,

RESOLVING COMPLAINTS AND ACCUSATIONS

Article 4. Organization of the Investigation Agency of the People's Public Security

The Investigation Agency of the People's Public Security includes:

1. The Investigation Agency of the Ministry of Public Security.

2. Criminal Investigation Agencies of provincial-level Public Security agencies (hereinafter referred to collectively as provincial level).

Article 5. Competence to accept, handle information on criminal offenses, initiate and investigate criminal cases of the Criminal Police Department of the People's Public Security

1. The authority to receive and handle information about crimes, initiate prosecutions, and conduct investigations into criminal cases by the Criminal Investigation Agency of the Ministry of Public Security shall be implemented in accordance with current laws.

2. The authority to receive and handle information about crimes, initiate prosecutions, and conduct investigations into criminal cases by the Criminal Investigation Agency of provincial-level Public Security agencies is as follows:

a) Conducting the receipt and handling of information about crimes, initiating prosecutions, and conducting investigations into criminal cases concerning offenses specified in Chapters XIV to XXIV of the Penal Code when such offenses fall within the jurisdiction of the People's Courts at the county level, except for offenses falling within the jurisdiction of the Investigation Agency of the Supreme People's Procuracy and the National Security Investigation Agency of the People's Public Security.

b) Conducting the receipt and handling of information about crimes, initiating prosecutions, and conducting investigations into criminal cases concerning offenses specified in point a of Clause 2 of this Article occurring across multiple counties, districts, towns, cities under provinces, and cities under centrally governed municipalities, involving organized crime or having foreign elements.

c) Conducting the receipt and handling of information about crimes, initiating prosecutions, and conducting investigations into criminal cases concerning offenses specified in point a of Clause 2 of this Article when such offenses fall within the jurisdiction of the People's Courts at the provincial level.

3. The Criminal Investigation Agency of provincial-level Public Security agencies shall take the lead and coordinate with the People's Procuracy at the county level to guide and inspect the implementation of preliminary verification activities related to reports and information about crimes by the Public Security agencies at the commune level and Police Stations.

Article 6. Competence to exercise public prosecution rights and supervision over the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases; resolution and supervision of complaints and reports in the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases. 1. The competence of the People's Procuracy to exercise public prosecution rights and supervise the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases; resolution and supervision of complaints and reports in the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases for the People's Procuracy against the Criminal Police Department under the Ministry of Public Security shall be implemented in accordance with current laws.

2. The competence of the People's Procuracy to exercise public prosecution rights and supervise the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases; resolution and supervision of complaints and reports in the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases for the People's Procuracy against the Criminal Police Department of the provincial-level Public Security Department shall be carried out as follows:

a) The People's Procuracy at the district level has the competence to exercise public prosecution rights and supervise the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases; resolution and supervision of complaints and reports in the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases for the Criminal Police Department of the provincial-level Public Security Department when accepting and handling cases as stipulated in point a and point b, Clause 2, Article 5 of this Joint Circular. During the exercise of public prosecution rights and supervision of case handling, if discovering cases within the competence of the People's Procuracy at the provincial level, the People's Procuracy at the district level shall report to transfer the cases to the People's Procuracy at the provincial level for the exercise of public prosecution rights and supervision according to their authority, while informing the Criminal Police Department of the provincial-level Public Security Department.

The People's Procuracy at the district level has the competence to exercise public prosecution rights and supervise the receipt, examination, preliminary verification of accusations, reports about criminal offenses, self-surrender of offenders by the police at the commune level, police stations, and activities of investigators, investigation officers of the Criminal Police Department of the provincial-level Public Security Department stationed at the police at the commune level, police stations.

The competent People's Procuracy at the district level is the People's Procuracy where the crime occurred; in cases where the crime occurred in multiple places or the location of the crime cannot be determined, the competent People's Procuracy at the district level is the People's Procuracy where the crime was discovered, where the suspect resides, or where the suspect was apprehended.

b) The People's Procuracy at the provincial level has the competence to exercise public prosecution rights and supervise the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases; resolution and supervision of complaints and reports in the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases for the Criminal Police Department of the provincial-level Public Security Department when accepting and handling cases as stipulated in point c, Clause 2, Article 5 of this Joint Circular.

In cases where it deems necessary, the People's Procuracy at the provincial level may withdraw cases as stipulated in point b, Clause 2, Article 5 of this Joint Circular to directly exercise public prosecution rights and supervise the handling thereof.

In cases where the People's Procuracy at the provincial level exercises public prosecution rights and supervises the initiation and investigation of cases handled by the Criminal Police Department of the provincial-level Public Security Department as stipulated in point b, Clause 2, Article 5 of this Joint Circular, the People's Procuracy at the provincial level decides on indictment. At least two months before the end of the investigation, the People's Procuracy at the provincial level shall notify the People's Procuracy at the district level where the court with jurisdiction to try the case is located to assign a Prosecutor to participate in reviewing the case file. Immediately after issuing the indictment decision, the People's Procuracy at the provincial level decides to delegate the People's Procuracy at the district level to exercise public prosecution rights and supervise the trial. Upon receiving the case file attached with the indictment, the People's Procuracy at the district level shall exercise public prosecution rights and supervise the trial in accordance with regulations.

d) The People's Procuracy currently exercising public prosecution rights and supervising the receipt, handling of information on criminal offenses has the competence to handle information in cases where it discovers serious violations of the law by the Criminal Police Department of the provincial-level Public Security Department in inspection and verification activities or signs of crimes being overlooked despite requests from the People's Procuracy that have not been addressed.

đ) The People's Procuracy currently exercising public prosecution rights and supervising the initiation and investigation of cases has the competence to directly conduct some investigative activities to supplement evidence when examining and approving orders or decisions of the Criminal Police Department of the provincial-level Public Security Department or when deciding on indictment or in cases where signs of wrongful, mistaken, or overlooked crimes, or violations of the law are discovered despite requests from the People's Procuracy that have not been addressed.

e) The People's Procuracy currently exercising public prosecution rights and supervising the receipt, handling of information on criminal offenses, initiation, and investigation of criminal cases has the competence to resolve and supervise the resolution of complaints and reports against the Criminal Police Department of the provincial-level Public Security Department in the acceptance and handling of information on criminal offenses, initiation, and investigation of criminal cases.

COOPERATION IN TEMPORARY DETENTION AND ARREST,

Chapter III

ENFORCEMENT OF CRIMINAL SENTENCES

ENFORCEMENT OF CRIMINAL SENTENCES

Article 7. Organizations managing agencies and agencies executing temporary detention and pre-trial custody of the People's Public Security

1. Agencies managing temporary detention and temporary imprisonment include:

a) The agency managing temporary detention and temporary imprisonment of the Ministry of Public Security;

b) The agency managing temporary detention and temporary imprisonment of the provincial public security.

2. Agencies enforcing temporary detention and temporary imprisonment include:

a) Detention centers under the Ministry of Public Security;

b) Detention facilities of the provincial public security including: detention centers; sub-detention centers within detention centers.

3. Detention facilities have Heads and Deputy Heads. The Head of the detention facility includes the Chief of the temporary detention camp and the Head of the sub-camp. The Deputy Head of the detention facility includes the Deputy Chief of the temporary detention camp and the Deputy Head of the sub-camp.

Article 8. Tasks and powers of managing agencies and agencies executing temporary detention and pre-trial custody of the People's Public Security

1. The tasks and powers of managing agencies and agencies executing temporary detention and pre-trial custody under the Ministry of Public Security shall be implemented in accordance with current laws.

2. The duties and powers of detention facilities, heads, and deputy heads of detention facilities of the provincial public security:

a) Detention facilities shall perform the tasks and powers stipulated in Clause 1 and Clause 2 of Article 13 of the Law on Execution of Temporary Detention and Pre-Trial Custody;

b) The Head and Deputy Head of the detention facility shall perform the tasks and powers stipulated in Clause 3 and Clause 4 of Article 13 of the Law on Execution of Temporary Detention and Pre-Trial Custody;

c) The Head of the sub-camp shall be responsible for assisting the Chief of the temporary detention camp according to the division of labor or delegation by the Chief of the temporary detention camp and shall bear responsibility within the scope of the assigned tasks;

d) Sub-detention centers may use the seal of the sub-detention center when performing their duties and powers in management and enforcement of temporary detention and temporary imprisonment.

Article 9. Organization of agencies managing criminal execution, agencies executing criminal sentences, agencies entrusted with some tasks of criminal execution of the People's Public Security Force

1. The agency managing criminal sentence enforcement of the Ministry of Public Security.

2. Agencies enforcing criminal sentences, including:

a) Prisons under the Ministry of Public Security;

b) Criminal sentence enforcement agencies of the provincial public security.

3. Agencies entrusted with some tasks of criminal sentence enforcement, including:

a) Detention centers under the Ministry of Public Security;

b) Detention centers of the provincial public security; sub-detention centers within detention centers of the provincial public security;

c) Commune People's Committees;

d) Commune-level public security police; Police station (where the commune does not organize a commune-level public security police).

Article 10. Tasks and powers of managing agencies, agencies executing criminal sentences, agencies entrusted with some tasks of criminal execution of the People's Public Security

1. The tasks and powers of managing agencies and agencies executing criminal sentences under the Ministry of Public Security shall be implemented in accordance with current laws.

2. Criminal execution agencies at the provincial level public security shall perform the tasks and powers stipulated in Article 14; point a and point b of Clause 1, Clauses 2, 3, 4, 7, 8, 9, 10, 11, and 12 of Article 16 of the Law on Execution of Criminal Sentences.

3. Temporary detention camps and sub-camps under temporary detention camps shall perform tasks and powers in criminal execution as stipulated in Article 18 of the Law on Execution of Criminal Sentences. Sub-camps under temporary detention camps directly manage the number of inmates serving temporary detention and pre-trial custody at sub-camps under temporary detention camps; serve decisions on execution of sentences to persons sentenced to imprisonment at sub-camps under temporary detention camps and report to the criminal execution agency at the provincial level public security.

4. People's Committees at the commune level shall perform tasks and powers of educating suspended sentence beneficiaries, persons serving non-custodial corrective punishment, residence prohibition, prohibition from holding positions, prohibition from practicing professions or performing certain jobs, deprivation of certain civil rights; educate persons whose execution of prison sentences has been postponed, temporarily suspended, or granted conditional early release; persons serving community-based correctional supervision.

In cases where a person serving a sentence dies, the People's Committee at the commune where the person serving the sentence resides or where the person died shall be responsible for coordinating with the agency entrusted with managing persons serving sentences to complete death registration procedures; send copies of the death registration to the competent criminal execution agency.

5. Tasks and powers of commune-level public security police in criminal execution:

a) Directly supervise suspended sentence beneficiaries, persons serving non-custodial corrective punishment, residence prohibition, prohibition from holding positions, prohibition from practicing professions or performing certain jobs, deprivation of certain civil rights; manage persons whose execution of prison sentences has been postponed or temporarily suspended, persons granted conditional early release; monitor persons serving community-based correctional supervision;

b) Prepare reports and submit them to the criminal sentence enforcement agency of the provincial public security when discovering violations of the law by persons serving sentences in the community;

c) Advise and assist the People's Committee at the commune level in organizing the implementation of the tasks and powers stipulated in Clause 4 of this Article.

6. Police stations shall perform the tasks and powers stipulated in Clause 4, point a and point b of Clause 5 of this Article.

Article 11. Supervisory authority over the enforcement of temporary detention and pre-trial detention and the supervision of criminal sentence enforcement

1. The Supreme People's Procuracy shall exercise supervisory authority over the enforcement of temporary detention and pre-trial detention, and the supervision of criminal sentence enforcement in accordance with current laws.

2. The People's Procuracy at the provincial level shall exercise supervisory authority over the enforcement of temporary detention and pre-trial detention, and the supervision of criminal sentence enforcement concerning provincial police detention centers and shall handle complaints and reports related to provincial police detention centers in accordance with current laws.

3. The People's Procuracy at the district level shall exercise supervisory authority over the enforcement of temporary detention and pre-trial detention, and the supervision of criminal sentence enforcement concerning sub-detention facilities within provincial police detention centers, supervise the enforcement of criminal sentences by agencies assigned certain criminal enforcement tasks located within their respective districts, and handle complaints and reports related to sub-detention facilities within provincial police detention centers. In case of discovering violations during supervision, they shall require the sub-detention facilities within provincial police detention centers and agencies assigned certain criminal enforcement tasks to immediately rectify them, while simultaneously notifying and recommending to the agencies responsible for temporary detention and pre-trial detention and the provincial police criminal enforcement agencies.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Transitional Provisions

1. The Criminal Investigation Police Department of the Public Security Office at the district level shall proactively review, compile statistics, consolidate, finalize lists of case files, cases, evidence materials, assets under its jurisdiction, management, resolution, and transfer them to the Criminal Investigation Police Department of the Public Security Office at the provincial level when it does not organize a district-level public security office to continue conducting criminal proceedings as stipulated by law, this Joint Circular, and notify in writing the District People's Procuracy.

2. For cases that are temporarily suspended, when there is basis to resume, the Criminal Investigation Police Department of the Public Security Office at the provincial level shall have the authority to decide on resumption and proceed with criminal procedures as stipulated by law and this Joint Circular.

Article 13. Effective Date

This Joint Circular shall take effect from March 1, 2025.

Article 14. Implementation Organization

1. The Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court shall be responsible for implementing and organizing the implementation of this Joint Circular.

2. During the implementation of this Joint Circular, if there are any difficulties or issues requiring guidance or supplementation, they shall promptly report to the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court for timely guidance and resolution./.