Joint Circular No. 03/2023/TTLT-BCA-VKSNDTC-TANDTC stipulates on the coordination in notifying or sending, providing information and documents related to offenders.

JOINT CIRCULAR

This Joint Circular stipulates the cooperation in notifying or sending, providing information and documents reflecting personal background, criminal record, physical characteristics, results of prosecution initiation, investigation, prosecution, trial, enforcement of criminal sentences, and other relevant information and documents; responsibilities of agencies, organizations, and individuals involved; procedures and deadlines for notifying or sending, providing information and documents related to offenders.

This Joint Circular applies to investigative agencies of the People's Public Security; detention centers and temporary detention centers under the Ministry of Public Security; provincial-level criminal enforcement agencies; investigative agencies of the Supreme People's Procuratorate; people's procuratorates and people's courts at all levels; business file agencies of the People's Public Security, and other agencies, organizations, and individuals related to the notification or sending, providing information and documents related to offenders.

Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Law on Archives dated November 11, 2011;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

Article 1. Information and documents related to offenders must be fully, timely, and accurately notified or sent to the business file agency of the People's Public Security for management, exploitation, and utilization.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Compliance with legal provisions on state secrets protection and archival laws must be ensured.

Article 2. Applicability

Article 3. Information and documents provided by the business file agency of the People's Public Security must be managed and utilized to serve the work of prosecution initiation, investigation, prosecution, trial, enforcement of criminal sentences, and other purposes as prescribed by law and this Joint Circular.

Article 3. Principles of Implementation

Article 4. Information and documents that investigative agencies of the People's Public Security and the Supreme People's Procuratorate notify or send to the business file agency of the People's Public Security

Point 1. Decision to initiate prosecution against a suspect, decision to supplement the decision to initiate prosecution against a suspect, decision to change the decision to initiate prosecution against a suspect.

Point 2. Decision to terminate criminal investigation against a suspect, decision to terminate prosecution against a suspect.

Chapter II

SPECIFIC PROVISIONS

Point 3. Decision to issue a warrant for arrest; decision to revoke a warrant for arrest.

Article 5. Information and documents that detention centers and temporary detention centers under the Ministry of Public Security, and provincial-level criminal enforcement agencies notify or send to the business file agency of the People's Public Security

Point 1. Decision to issue a warrant for arrest.

Point 2. Decision to revoke a warrant for arrest.

Article 6. Information and documents that people's procuratorates notify or send to the business file agency of the People's Public Security

Point 1. Decision to initiate prosecution against a suspect, decision to supplement the decision to initiate prosecution against a suspect, decision to change the decision to initiate prosecution against a suspect issued by the people's procuratorate.

Point 2. Decision to terminate a case against a suspect issued by the people's procuratorate.

Point 3. For cases initiated, investigated, and concluded by border guards, maritime police, customs, forest rangers, fisheries inspectors, and transferred to the competent people's procuratorate for prosecution according to point a, Clause 1, Article 164 of the Criminal Procedure Code 2015 (amended in 2021), the people's procuratorate shall notify or send the information and documents as prescribed in Article 4 of this Joint Circular to the business file agency at the same level.

1. Decision to initiate criminal proceedings, decision to supplement the decision to initiate criminal proceedings, decision to amend the decision to initiate criminal proceedings issued by the People's Procuracy.

2. Decision to terminate the case against the suspect issued by the People's Procuracy.

3. For cases initiated, investigated, and concluded by the Border Guard, Maritime Police, Customs, Forest Protection, Fisheries Surveillance, which transfer the case files to the competent People's Procuracy to request prosecution pursuant to point a, Clause 1, Article 164 of the Criminal Procedure Code 2015 (amended and supplemented in 2021), the People's Procuracy shall notify or send the information and documents as prescribed in Article 4 of this Joint Circular to the Case File Business Agency at the same level.

Article 7. Information and documents that the People's Court notifies or sends to the Business File Department of the Public Security Organs

1. The effective criminal judgment of the first instance.

2. The criminal judgment of the second instance.

3. The decision to terminate the case against the suspect or defendant issued by the Court.

4. The decision to terminate the second-instance trial.

5. The supervisory decision and the retrial decision.

6. The decision on cumulative sentences.

7. The decision to terminate enforcement proceedings.

8. The decision on reviewing applications for commutation of death penalty.

9. The record of execution of the death penalty.

Article 8. Information and documents provided by the Business File Department of the Public Security Organs to investigative agencies; Prisons and Detention Centers under the Ministry of Public Security; Criminal Enforcement Agencies of Provincial Public Security Organs

1. Originals, copies, photographs of the offender.

2. Abstracts of prior convictions and offenses.

3. Notifications of results of verification of personal background and records of the subject.

4. Information and documents already provided by investigative agencies; Prisons and Detention Centers under the Ministry of Public Security; Criminal Enforcement Agencies of Provincial Public Security Organs to the Business File Department of the Public Security Organs as stipulated in Articles 4, 5, 6, and 7 of this Circular.

Chapter III

RESPONSIBILITIES, PROCEDURES, AND TIME LIMITS FOR NOTIFICATION OR TRANSMISSION OF INFORMATION AND DOCUMENTS

Article 9. Responsibilities for notifying or transmitting information and documents of investigative agencies; Prisons and Detention Centers under the Ministry of Public Security; Criminal Enforcement Agencies of Provincial Public Security Organs

Investigative agencies; Prisons and Detention Centers under the Ministry of Public Security; Criminal Enforcement Agencies of Provincial Public Security Organs within their functions and duties shall notify or transmit the information and documents specified in Articles 4, 5, 6, and 7 of this Circular to the Business File Department of the Public Security Organs according to the following levels:

1. Investigation agencies, Prisons and Detention Centers under the Ministry of Public Security; Supreme People's Procuracy, Investigation Agency of the Supreme People's Procuracy; Supreme People's Court, High People's Courts shall notify or transmit information and documents to the Business File Department - Ministry of Public Security;

2. Investigation agencies, People's Procuracies at provincial level, People's Courts at provincial level, Criminal Enforcement Agencies of Provincial Public Security Organs shall notify or transmit information and documents to the Business File Department - Provincial Public Security Organs;

3. Investigation agencies, People's Procuracies at district level, People's Courts at district level shall notify or transmit information and documents to District Public Security Organs.

Article 10. Time limit for notification or transmission of information and documents

1. For the information and documents specified in Articles 4, 5, 6, and 7 of this Joint Circular where the law provides a time limit for notification or transmission, investigative agencies; Prisons and Detention Centers under the Ministry of Public Security; Criminal Enforcement Agencies of Provincial Public Security Organs shall notify or transmit to the Business File Department of the Public Security Organs as prescribed in Article 9 of this Joint Circular within the time limit stipulated by law.

2. For the information and documents specified in Articles 4, 5, 6, and 7 of this Joint Circular where the law does not provide a time limit for notification or transmission, the investigative agencies; Prisons and Detention Centers under the Ministry of Public Security; Criminal Enforcement Agencies of Provincial Public Security Organs must notify or transmit to the Business File Department of the Public Security Organs as prescribed in Article 9 of this Joint Circular no later than five working days from the date of issuance or receipt thereof.

3. For the information and documents initiated, investigated, and concluded by the Border Guard, Coast Guard, Customs, Forest Protection, Fisheries Surveillance, and transferred the case file to the competent People's Procuracy for prosecution (as stipulated in point a, Clause 1, Article 164 of the Criminal Procedure Code 2015 (amended in 2021)), the competent People's Procuracy must notify or transmit to the Business File Department of the same-level Public Security Organs no later than five working days from the date of receipt.

Article 11. Methods for Notifying or Sending Documents and Connecting, Sharing Information

1. Relevant units under the Public Security, Procuracy, and Judiciary sectors shall notify or send, provide information and documents in paper form or use the sector's document management software system integrated with the National Document Interconnection Trunk to notify or send, provide related electronic information and documents concerning criminal offenders.

2. Digitized information and documents shall be exchanged through the National Document Interconnection Trunk.

3. The Ministry of Public Security shall take the lead in proposing and building a database of investigation, prosecution, and trial results to serve the connection and sharing of information between the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court through a national data integration and sharing platform. The Supreme People's Procuracy and the Supreme People's Court shall establish information technology systems based on practical requirements to connect and share data with the database of investigation, prosecution, and trial results.

Article 12. Procedures for Requesting Provision of Information and Documents

Investigative agencies; detention centers and temporary detention centers under the Ministry of Public Security; criminal enforcement agencies of provincial public security departments shall submit requests for provision of information and documents to the Business File Agency of the People's Public Security according to Form No. 206 (annexed to Circular No. 119/2021/TT-BCA dated December 8, 2021 issued by the Minister of Public Security regarding forms, papers, and registers for criminal investigations). Such requests must clearly state the number, date, month, and year of issuance of the document, the name of the requested information and document, the form (original or copy), purpose of use, full name, position, signature of the authorized person, and stamp of the requesting agency.

Article 13. Time Limit for Providing Information and Documents

1. For requests for provision of information and documents, the Business File Agency of the People's Public Security shall respond within the following time limits:

a) Central level, not exceeding seven working days for requests that do not require verification; not exceeding fifteen working days for requests requiring verification;

b) Provincial level, not exceeding seven working days for requests that do not require verification; not exceeding fifteen working days for requests requiring verification;

c) District level, not exceeding five working days for requests that do not require verification; not exceeding ten working days for requests requiring verification.

2. For requests to read and study information and documents on-site, the Business File Agency of the People's Public Security shall immediately process the request.

3. In cases where the request for provision of information and documents cannot be met, the Business File Agency of the People's Public Security shall respond in writing and specify the reasons.

Article 14. Ensuring the Legal Validity of Information and Documents Notified or Sent, Provided

1. Information and documents notified or sent, provided must ensure legal validity and comply with legal regulations on the form of documents (originals, copies, electronic versions).

2. The head of the Business File Agency of the People's Public Security shall approve, sign, and stamp the agency; approve, sign digitally by the authorized person and digitally sign by the agency or unit in accordance with the law on the reply document and copies of the provided documents (if any), to ensure their legal value and provide them to the requesting agency or unit.

Chapter IV

IMPLEMENTATION

Article 15. Lead Agency

1. At the central level, the lead agency for coordinating guidance, advisory services, inspection, and urging the implementation of this Circular shall be as follows:

a) The Ministry of Public Security is the Criminal Records Bureau;

b) The Supreme People's Procuracy is the Office of the Supreme People's Procuracy;

c) The Supreme People's Court is the Office of the Supreme People's Court.

2. At the provincial level, the lead agency for coordinating guidance, advisory services, inspection, and urging the implementation of this Circular shall be as follows:

a) The Provincial Public Security is the Criminal Records Department;

b) The People's Procuracy is the Office of the People's Procuracy;

c) The People's Court is the Office of the People's Court.

3. At the district level, the Public Security, People's Procuracy, and People's Court shall assign staff members to coordinate advisory services and urge the implementation of this Circular.

Article 16. Information and Reporting System

1. The Ministry of Public Security (Criminal Records Bureau) shall report annually on the implementation of this Circular to the Supreme People's Procuracy (Office), the Supreme People's Court (Office), and the Public Security units and localities.

2. The Provincial Public Security (Criminal Records Department) shall report semi-annually and annually on the implementation of this Circular to the Provincial People's Procuracy (Office), the Provincial People's Court (Office), and report to the Ministry of Public Security (through the Criminal Records Bureau).

3. The District Public Security shall report semi-annually and annually on the implementation of this Circular to the District People's Procuracy and the District People's Court, and report to the Provincial Public Security (Criminal Records Department).

4. Reporting deadlines are as follows:

a) Semi-annual report from December 1 of the previous year to May 31 of the reporting year;

b) Annual report from December 1 of the previous year to November 30 of the reporting year.

5. The deadline for submitting reports is fifteen working days from the end of the reporting period.

Article 17. Summary Evaluation and Implementation Funding

1. Every five years, the Ministry of Public Security shall convene meetings with the Supreme People's Procuracy and the Supreme People's Court to summarize and draw lessons from the implementation of this Circular.

2. Annually, the Provincial Public Security shall convene meetings with the Provincial People's Procuracy and the Provincial People's Court to summarize and draw lessons from the implementation of this Circular.

3. Implementation Funding: Ensured from the state budget allocated for the operational activities of each sector of Public Security, Prosecution, and Judiciary.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from July 1, 2023, replacing Circular Jointly Issued No. 05/2018/TTLT/BCA-VKSNDTC-TANDTC dated June 25, 2018, issued by the Minister of Public Security, the Chief Prosecutor of the Supreme People's Procuracy, and the President of the Supreme People's Court regarding the notification, submission, and provision of information and documents related to offenders.

Article 19. Responsibility for Implementation

1. Relevant agencies and units of the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court are responsible for implementing and organizing the implementation of this Circular.

2. During the implementation process, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, and individuals should reflect these to the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court for consideration, guidance on implementation, or amendment and supplementation as appropriate./.