Joint Circular No. 03/2006/TTLT/BCA-VKSNDTC-TANDTC on the notification, transmission, and provision of information and documents related to offenders

JOINT CIRCULAR

Guidelines on the notification, transmission, and provision of information and documents related to offenders

Regarding offenders

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To implement correctly and uniformly the legal provisions concerning the notification, transmission, and provision of information and documents related to offenders for the effective performance of investigation, prosecution, trial, and enforcement of criminal penalties, thereby enhancing the quality and effectiveness of efforts to combat crime, the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court have jointly issued the following guidelines:

I. GENERAL PROVISIONS

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

These guidelines regulate the notification, transmission, and provision of information and documents related to offenders among public security agencies, people's procuracies, and people's courts at all levels, including information and documents reflecting the offender's background, identifying characteristics, personal circumstances, results of criminal proceedings, prosecution, trial, and enforcement of criminal penalties, as well as other relevant information and documents; responsibilities, procedures, and deadlines for notifying, transmitting, and providing such information and documents.

2. Principles for Notification, Transmission, and Provision of Information and Documents

The notification, transmission, and provision of information and documents related to offenders must comply with the following principles:

a) Information and documents related to offenders must be fully, promptly, accurately, and centrally transmitted to the Criminal Investigation File Management Agency of the Public Security sector (hereinafter referred to as the Criminal Investigation File Management Agency) for management, exploitation, and provision to serve the work of initiating criminal cases, investigation, prosecution, trial, and enforcement of criminal penalties; (hereinafter referred to as the Business File Agency of the Police) for managing, exploiting, and providing information to serve the work of initiating criminal proceedings, investigating, prosecuting, adjudicating, and enforcing criminal sentences;

b) Ensuring compliance with the regulations of the State Secrets Protection Decree, the National Archives Law, and the list of state secrets of each sector.

3. Types of information and documents must be notified, sent, and provided

3. Types of Information and Documents to be Notified, Transmitted, and Provided

3.1. Types of information and documents that the Criminal Investigation Agencies of the Ministry of Public Security and the Supreme People's Procuracy are responsible for notifying, transmitting to the Criminal Investigation File Management Agency include:

a) Decision to initiate a criminal case; decision to change the decision to initiate a criminal case; decision to supplement the decision to initiate a criminal case;

b) Decision to release from custody;

c) Decision to replace preventive measures; decision to revoke preventive measures;

d) Decision to terminate the investigation of a criminal case; decision to temporarily suspend the investigation of a criminal case; decision to resume the investigation of a criminal case;

đ) Warrant for immediate arrest;

e) Decision to indict; decision to change the decision to indict; decision to supplement the decision to indict;

g) Warrant for arrest and temporary detention; warrant for temporary detention;

h) Decision to detain; decision to extend detention;

i) Decision to terminate the investigation of the indicted person; decision to temporarily suspend the investigation of the indicted person; decision to resume the investigation of the indicted person;

k) Decision to issue a wanted notice; decision to terminate a wanted notice.

3.2. Types of information and documents that the People's Procuracies are responsible for notifying, transmitting to the Criminal Investigation File Management Agency include:

a) Decision on temporary detention;

b) Extract of indictment; copy of decision to prosecute under simplified procedure;

c) Copy of decision to terminate the case or decision to temporarily suspend the case.

3.3. Types of information and documents that the People's Courts are responsible for notifying, transmitting to the Criminal Investigation File Management Agency include:

a) Warrant for arrest and temporary detention;

b) Warrant for temporary detention;

c) Decision to arrest and temporary detention;

d) Decision on temporary detention;

đ) First-instance criminal judgment;

e) Second-instance criminal judgment;

g) Criminal supervisory judgment;

h) Criminal retrial judgment;

i) Decision to enforce imprisonment sentence;

k) Decision to reduce the term of imprisonment execution;

l) Decision to exempt from serving the imprisonment sentence;

m) Decision to postpone the execution of the imprisonment sentence;

n) Decision to temporarily suspend the execution of the imprisonment sentence;

o) Decision to apply compulsory medical treatment;

p) Decision to terminate the implementation of compulsory medical treatment;

q) Certificate of criminal record clearance;

r) Decision to clear the criminal record; s) Decision of the President regarding the review of applications for commutation of death penalty (denying the application for commutation of death penalty or commuting the death penalty);

t) Decision to enforce the death penalty;

u) Record of enforcing the death penalty.

3.4. Types of information and documents that the Criminal Investigation File Management Agency is responsible for providing to investigative agencies and other organizations, entities, and individuals upon request include:

a) Identity card copies, identity card extracts of indicted persons;

b) Extracts of prior convictions and offenses;

c) Notification of the results of verifying the subject and personal circumstances;

d) Copies of documents provided by investigative agencies to the Criminal Investigation File Management Agency as specified in Points 3.1, 3.2, and 3.3 of Part I of this Circular.

II. PROCEDURES AND DEADLINES FOR NOTIFICATION, TRANSMISSION, AND PROVISION OF INFORMATION AND DOCUMENTS

1. Procedures and Deadlines for Notification and Transmission of Information and Documents

1.1. Procedures for Notification and Transmission of Information and Documents

Within their respective functions and duties, investigative agencies, people's procuracies, and people's courts at all levels are responsible for notifying and transmitting the information and documents specified in Section 3 of Part I of this Circular to the Criminal Investigation File Management Agency, specifically as follows:

a) Investigative agencies, people's procuracies, and people's courts at the district level notify and transmit to the Criminal Investigation File Management Department of the Public Security agency at the district level;

b) Investigative agencies, people's procuracies, and people's courts at the provincial level notify and transmit to the Criminal Investigation File Management Agency of the Public Security agency at the provincial level;

c) Investigative agencies, the Supreme People's Procuracy, and the Supreme People's Court notify and transmit to the Criminal Investigation File Management Agency of the Ministry of Public Security.

For cases initiated and investigated by the Border Guard, Customs, Forest Rangers, and Coast Guard and transferred to the procuracies with jurisdiction, the procuracies are responsible for notifying and transmitting all information and documents related to offenders as specified in Sections 3.1 and 3.2 of Part I of this Circular to the Criminal Investigation File Management Agency.

1.2. Deadlines for Notification and Transmission of Information and Documents

a) For the information and documents specified in Section 3 of Part I of this Circular where the law stipulates deadlines for transmission and issuance, the agency responsible for notifying and transmitting such information and documents must notify and transmit them to the Criminal Investigation File Management Agency of the Public Security agency at the same level within the deadline prescribed by law.

b) For the information and documents mentioned in Section 3, Part I of this Circular, where the law does not specify a time limit for submission or issuance, the Investigation Agency, People's Procuracy, and People's Court must notify and submit such information and documents to the Criminal Police File Department at the same level within the latest fifteen days from the date of issuance.

1.3. Ensuring the legality of the notified and submitted information and documents

The notified and submitted information and documents must comply with the legal provisions regarding the form of the document (original or copy).

For copies or extracts of the information and documents, they must be confirmed and stamped by the authorized person of the agency or unit.

2. Procedures and deadlines for providing information and documents

The Criminal Police File Departments at all levels under the Ministry of Public Security are responsible for providing information and documents upon request according to the procedures and deadlines as follows:

2.1. Request procedures for providing information and documents

Requests for providing information and documents can be made either directly or in writing.

a) When the judicial organ requests the provision of information and documents directly, the person receiving the information and documents must have an introduction letter from their managing agency, clearly stating the name of the requested information and documents, the form (original or copy), and the purpose of use. If the Criminal Police File Department requires it, they must present their personal identification documents.

b) When the judicial organ requests the provision of information and documents in writing (memorandum), the request must clearly state the name of the requested information and documents, the form (original or copy), and the purpose of use. The request document must be numbered; dated; signed by the authorized person and stamped by the requesting agency. The request document must be sent to the Criminal Police File Department directly managing and storing the information and documents.

2.2. Deadlines for provision

a) In cases where the request for providing information and documents is made directly, the responsible agency must provide immediately on the same day. In cases where immediate provision is not possible, a date for provision must be agreed upon but not exceeding seven days from the date of receipt of the request.

b) In cases where the request for providing information and documents is made in writing, the responsible agency must respond in writing to the requesting agency or unit within the following deadlines:

- At the district level: no later than five days for ordinary requests; for complex requests, the deadline may be extended up to ten days;

- At the provincial level: no later than seven days for ordinary requests; for complex requests, the deadline may be extended up to fifteen days;

- At the ministry level: no later than ten days for ordinary requests; for complex requests, the deadline may be extended up to twenty days.

c) In cases where the request is to read and study the information and documents on-site, the responsible agency must provide immediately after approval by the head of the agency directly managing the information and documents. If immediate provision is not possible, the reasons must be clearly stated.

d) In cases where the request for providing information and documents cannot be met, the requested agency must state the reasons in writing.

2.3. The response document and the content of the provided information and documents must be accurate and complete. The head of the Criminal Police File Department directly managing the information and documents must approve, sign, and stamp the response document. If copies of the information and documents are attached to the response document, these copies must be confirmed and stamped according to regulations.
III. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette. Previous directives issued by the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court guiding the notification, submission, and provision of information and documents related to offenders that conflict with this Circular are hereby abolished.

2. During implementation, if there are any difficulties or need for guidance or supplementation, units and localities are advised to report through their respective vertical sectors to the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court for timely explanation or supplementary guidance./.