Joint Circular No. 03/2018/TTLT-VKSNDTC-BCA-BQP-TTCP stipulates the coordination among Investigative Agencies, Procuracies, and Inspection Agencies in exchanging information on criminal offenses and handling requests for prosecution discovered through inspection activities.

CONSOLIDATED LEGAL DOCUMENT

SUPREME PROSECUTOR'S OFFICE - MINISTRY OF PUBLIC SECURITY - MINISTRY OF NATIONAL DEFENSE - GOVERNMENT AUDITOR

JOINT CIRCULAR

Regulations on cooperation among investigative agencies, prosecution agencies, and auditing agencies in exchanging information about criminal offenses and handling requests for prosecution discovered through auditing activities

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

Pursuant to the Law on the Organization of the People's Procuratorate dated November 24, 2014;

Pursuant to the Law on Organization of Criminal Investigation Agencies dated November 26, 2015;

Based on the Inspection Law dated November 15, 2010;

The Supreme People's Procurator, the Minister of Public Security, the Minister of National Defense, and the Chief Government Auditor jointly issue this Joint Circular stipulating the cooperation among investigative agencies, prosecution agencies, and auditing agencies in exchanging information about criminal offenses and handling requests for prosecution discovered through auditing activities.

Article 1. Scope of Regulation

This Joint Circular stipulates the procedures, formalities, and responsibilities for cooperation among investigative agencies, prosecution agencies, and auditing agencies in exchanging information about criminal offenses and handling requests for prosecution discovered through auditing activities.

Article 2. Applicability

1. Investigative agencies at all levels of the People's Public Security and Investigative agencies at all levels within the People's Armed Forces (hereinafter referred to as Investigative agencies).

2. People's Procuracy at all levels and Military Procuracy at all levels (hereinafter referred to as Procuracy).

Auditing agencies performing auditing functions (hereinafter referred to as Auditing agencies).

4. Authorities with jurisdiction under the agencies specified in Clauses 1, 2, and 3 of this Article.

5. Other related agencies, organizations, and individuals.

Article 3. Principles of Cooperation

1. Ensuring compliance with the functions, tasks, and powers; organizational principles and operations of the agencies as prescribed by law.

2. Ensuring regularity, promptness, accuracy, objectivity, completeness, effectiveness, and legality.

3. Ensuring state secrets and work secrets as prescribed by law and each sector.

Article 4. Responsibilities for Exchanging Information on Legal Violations and Criminal Offenses

Auditing agencies, Investigative agencies, and Procuracy shall cooperate based on their functions, tasks, and powers as prescribed by law to exchange and provide information on legal violations and criminal offenses discovered in connection with auditing activities; promptly exchange information and results of handling requests for prosecution transferred from Auditing agencies to Investigative agencies and Procuracy.

Article 5. Responsibilities for Transferring Case Files and Requests for Prosecution

1. During the auditing process, if signs of criminal offenses are detected, the Auditing agency shall issue a request for prosecution and immediately transfer it along with relevant files and documents to the competent Investigative agency for consideration and decision on initiating a criminal case.

For cases involving complex violations of laws with many aspects and levels, if deemed necessary, before officially concluding the audit and issuing a request for prosecution, the Auditing agency shall convene a meeting of inter-sectoral leaders including the Auditing agency, Investigative agency, and Procuracy at the same level to analyze and evaluate collected evidence. If the inter-sectoral meeting unanimously determines that there are clear signs of criminal offenses, the Auditing agency shall issue a request for prosecution and immediately transfer it along with relevant files and documents to the competent Investigative agency for consideration and decision on initiating a criminal case.

2. After completing the audit, if signs of criminal offenses are detected, within five working days from the date of signing the audit conclusion, the Auditing agency shall issue a request for prosecution and immediately transfer it along with relevant files and documents to the competent Investigative agency for consideration and decision on initiating a criminal case; simultaneously, notify the Procuracy at the same level in writing.

Article 6. Responsibility for receiving case files and requests for prosecution initiation

1. The investigative agency shall be responsible for receiving case files and requests for prosecution initiation transferred by the inspection agency.

In cases where the jurisdiction for investigation has been clearly identified, the inspection agency shall immediately transfer the case file and request for prosecution initiation to the investigative agency with such jurisdiction; if the jurisdiction has not yet been clearly identified, it shall immediately transfer them to the investigative agency at the same level, while simultaneously notifying in writing the same-level public prosecutor's office.

2. After receiving and reviewing the case files and requests for prosecution initiation, if the investigative agency finds that the matter does not fall within its jurisdiction, it shall discuss with the inspection agency and the same-level public prosecutor's office to reach an agreement on transferring the case file and request for prosecution initiation to the investigative agency with the appropriate jurisdiction.

Article 7. Responsibility for handling requests for prosecution initiation

1. The investigative agency shall be responsible for handling requests for prosecution initiation transferred by the inspection agency. The handling of requests for prosecution initiation shall be carried out as follows:

a) Where there is sufficient basis not to initiate a criminal case, the investigative agency shall issue a decision not to initiate a criminal case and notify in writing the reasons to the inspection agency that made the request for prosecution initiation.

b) Where there is sufficient basis to initiate a criminal case, the investigative agency shall issue a decision to initiate a criminal case and notify in writing the inspection agency that made the request for prosecution initiation.

c) Where there is insufficient basis to initiate a criminal case or not to initiate a criminal case, the investigative agency shall conduct verification to collect and supplement evidence and request the inspection agency that made the request for prosecution initiation to cooperate when deemed necessary.

d) Where a criminal case is not initiated but other measures are needed, the investigative agency shall issue a decision not to initiate a criminal case; transfer the case file to the competent authority for resolution and notify in writing the inspection agency and the public prosecutor's office.

đ) Where there is sufficient basis to temporarily suspend or resume the handling of the request for prosecution initiation, the investigative agency shall issue a decision to temporarily suspend or resume and send it to the inspection agency that made the request for prosecution initiation and the public prosecutor's office according to the provisions of the Criminal Procedure Code.

2. The same-level public prosecutor's office shall exercise public prosecution rights and supervise the handling of requests for prosecution initiation according to the provisions of the Criminal Procedure Code. When issuing decisions and procedural documents for the cases specified in Clause 1 of this Article, the public prosecutor's office shall inform the inspection agency that made the request for prosecution initiation.

3. Upon expiration of the time limit for considering and resolving requests for prosecution initiation as stipulated in the Criminal Procedure Code, if the inspection agency that made the request for prosecution initiation does not receive a written notification from the investigative agency about the results of the resolution of the request for prosecution initiation, it shall discuss with the investigative agency and the same-level public prosecutor's office to clarify the reasons; if necessary, it shall make a request to the higher-level investigative agency and public prosecutor's office to consider and resolve.

Article 8. Resolution of requests for prosecution initiation concerning decisions not to initiate a criminal case or decisions to initiate a criminal case

If the inspection agency that made the request for prosecution initiation disagrees with the decision not to initiate a criminal case by the investigative agency or the decision to revoke the decision to initiate a criminal case by the public prosecutor's office, the inspection agency shall discuss with the investigative agency and the public prosecutor's office with the appropriate jurisdiction to clarify the reasons; if necessary, it shall make a request to the higher-level public prosecutor's office directly. If the Government Inspectorate makes a request, the Chief Prosecutor of the Supreme People's Procuracy shall examine and resolve; if the Defense Ministry Inspectorate makes a request, the Chief Prosecutor of the Central Military Procuracy shall examine and resolve.

Within twenty days from the date of receipt of the request, if the higher-level public prosecutor's office agrees with the request of the inspection agency, it shall issue a decision to revoke the decision of the lower-level public prosecutor's office or require the lower-level public prosecutor's office to issue a decision to revoke the decision not to initiate a criminal case by the lower-level investigative agency; if it disagrees with the request of the inspection agency, it shall notify in writing the reasons. The result of the resolution by the higher-level public prosecutor's office, the Chief Prosecutor of the Supreme People's Procuracy, and the Chief Prosecutor of the Central Military Procuracy is the final decision.

Article 9. Petition for Criminal Prosecution File and Handover of the File

1. The person issuing the inspection decision has the authority to transfer the petition for criminal prosecution file and the petition for prosecution to the Investigation Agency for consideration of initiating a criminal case. Documents in the petition for criminal prosecution file are originals; if they are copies, they must be notarized, legally certified, or stamped with an official copy confirmation stamp from the Inspection Agency. The petition for criminal prosecution file includes the following documents:

a) The petition for criminal prosecution of the Inspection Agency;

b) The inspection decision; inspection records, verification materials; reports and explanations of the inspected entity;

c) The report of the Head of the Inspection Team on violations of laws that indicate criminal offenses by the inspected entity;

d) The inspection conclusion in cases where the inspection has been concluded;

đ) Other related documents;

e) An inventory of documents in the file.

2. The handover of the petition for criminal prosecution file shall be recorded in a protocol and conducted at the premises of the Inspection Agency or the Investigation Agency. The Inspection Agency sends the petition for criminal prosecution along with a copy of the file to the competent People's Procuracy.

Article 10. Effective Date

This Circular takes effect from December 10, 2018, and replaces Circular Jointly Issued No. 02/2012/TTLT-VKSTC-TTCP-BCA-BQP dated March 22, 2012, issued by the Supreme People's Procuracy, the Government Inspectorate, the Ministry of Public Security, and the Ministry of National Defense regarding coordination relations in detecting, investigating, and handling cases with signs of criminal offenses initiated by the Inspection Agency.

Article 11. Implementation Organization

1. The Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Government Inspectorate, and relevant agencies are responsible for organizing and implementing this Circular.

Every six months and annually, the People's Procuracies at all levels shall organize inter-sectoral leadership meetings to evaluate the implementation results of this Circular and develop subsequent cooperation programs.

2. During the implementation of this Circular, if there are difficulties, obstacles, or issues requiring amendments or supplements, the relevant agencies are requested to promptly reflect these matters to the Supreme People's Procuracy for consolidation and coordination with the Ministry of Public Security, the Ministry of National Defense, and the Government Inspectorate to provide explanations, guidance, or amendments and supplements as necessary.