This Joint Circular stipulates the cooperation in the implementation of extracting prisoners from detention centers to serve investigation, prosecution, and trial. It applies to competent authorities conducting criminal proceedings, criminal enforcement agencies, and prisoners. Detailed provisions are made regarding procedures for requesting, proposing, issuing orders for extraction, managing prisoners during extraction, issuing certificates of completion of criminal sentences, conditional early release, and returning prisoners to continue serving their sentences.
Đối tượng áp dụng
Authorities and individuals with authority to conduct criminal proceedings under the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Procuracy; criminal enforcement agencies of provincial public security organs, military regions' criminal enforcement agencies; detention centers, temporary detention centers, sub-temporary detention centers, and prisoners.
Các điểm cốt lõi
- Authorities with authority to conduct criminal proceedings send a written request for prisoner extraction to the criminal enforcement management agency as prescribed.
- Within three working days, the criminal enforcement agency issues an extraction order and sends it to the relevant parties.
- The receiving authority manages the detention and implements the regime for the extracted prisoner according to the law.
- Within three working days, the agency that issued the certificate of completion of the criminal sentence sends the certificate to the relevant parties.
- Prisoners extracted from temporary detention centers for trial for another offense must be returned to the agency that handed over the prisoner when the new judgment becomes legally effective.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps criminal proceedings authorities quickly and effectively perform investigative, prosecutorial, and trial tasks.
- Negative impact: May impose a burden on human and material resources of criminal enforcement agencies during the management of prisoners during extraction.
❓ Câu hỏi thường gặp
Which authority has the right to request prisoner extraction?
Authorities and individuals with authority to conduct criminal proceedings under the Ministry of Public Security, the Ministry of National Defense, and the Supreme People's Procuracy.
What is the time limit for issuing an extraction order?
Within three working days from the date of receipt of the request or proposal for extraction.
Which agency is responsible for managing prisoners during extraction?
The agency assigned the task of receiving and escorting the prisoner according to the extraction order.
When must the agency that issued the certificate of completion of the criminal sentence notify the relevant parties?
Within three working days from the date of issuance of the certificate of completion of the criminal sentence.
Are prisoners extracted for trial for another offense returned to the original detention facility?
Yes, but only after the new judgment becomes legally effective and there is a decision to enforce the judgment or a decision to consolidate sentences from different judgments.
Toàn văn
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MINISTRY OF PUBLIC SECURITY - MINISTRY OF NATIONAL DEFENSE - SUPREME PEOPLE'S COURT - SUPREME PROSECUTOR’S OFFICE |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
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No.: 03/2026/TTLT-BCA-BQP-TANDTC-VKSNDTC |
Hanoi, May 14, 2026 |
JOINT CIRCULAR
On coordination in the execution of prisoner extraction
for investigation, prosecution, and trial
Pursuant to the Criminal Enforcement Law No. 127/2025/QH15;
Pursuant to the Law on Temporary Detention, Pre-trial Detention, and Restriction on Leaving Place of Residence No. 128/2025/QH15;
Pursuant to the Criminal Procedure Code No. 101/2015/QH13, as amended and supplemented by Laws No. 02/2021/QH15, No. 34/2024/QH15, No. 59/2024/QH15, and No. 99/2025/QH15;
Pursuant to the Law on Juvenile Justice No. 59/2024/QH15, as amended and supplemented by Law No. 85/2025/QH;
The Minister of Public Security, the Minister of National Defense, the President of the Supreme People's Court, and the Prosecutor General jointly issue this Joint Circular on coordination in the execution of prisoner extraction for investigation, prosecution, and trial.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates coordination in the procedures and formalities for extracting prisoners from prisons, detention centers, and sub-detention centers to serve investigation, prosecution, and trial, and the regime for prisoners during the extraction period.
Article 2. Applicability
1. Authorities with investigative powers, criminal enforcement management agencies, provincial-level public security criminal enforcement agencies, military zone criminal enforcement agencies, prisons, detention centers, and sub-detention centers and prisoners.
2. Other organizations and individuals related to prisoner extraction activities.
Article 3. Principles of Coordination
1. Ensuring compliance with the principles of criminal enforcement as prescribed in Article 4 of the Criminal Enforcement Law.
2. Ensuring the proper performance of functions, tasks, and authorities of each agency as prescribed by law.
3. Being proactive, regular, timely, and creating conditions for agencies and persons with authority related to prisoner extraction activities to complete their tasks as prescribed by law.
4. Ensuring confidentiality of information as prescribed by law.
Chapter II
PROCEDURES FOR PRISONER EXTRACTION, HANDOVER, AND MANAGEMENT OF EXTRACTED PRISONERS
AND THE MANAGEMENT OF EXTRACTED PRISONERS
Article 4. Procedures for Requesting Prisoner Extraction
1. When the Ministry of Public Security, Ministry of National Defense, and the Supreme Prosecutor’s Office have a request to extract prisoners for investigation and prosecution, the issuance of the request for prisoner extraction shall be carried out as follows:
a) In cases where the prisoner is serving a sentence at a prison or detention center under the Ministry of Public Security, the request for prisoner extraction shall be sent to the head of the criminal enforcement management agency of the Ministry of Public Security; if the prisoner is serving a sentence at a prison or detention center under the Ministry of National Defense, the request for prisoner extraction shall be sent to the head of the criminal enforcement management agency of the Ministry of National Defense to issue an order for prisoner extraction;
b) In cases where the prisoner is serving a sentence at a provincial-level detention center directly managed, the request for prisoner extraction must be sent to the head of the provincial-level public security criminal enforcement agency to issue an order for prisoner extraction;
c) In cases where the prisoner is serving a sentence at a detention center managed by a military zone, the request for prisoner extraction must be sent to the head of the criminal enforcement agency of the military zone where the detention center is located to issue an order for prisoner extraction.
2. When the Supreme People's Court, provincial-level people's courts, regional people's courts, Central Military Court, military zone courts, and regional military courts have a request to extract prisoners for trial, they shall send the request for prisoner extraction to the provincial-level public security criminal enforcement agency or the military zone criminal enforcement agency where the trial will take place or where the prisoner must be present for the court to conduct the trial to issue an order for prisoner extraction or propose an order for prisoner extraction according to their authority.
3. When the provincial-level or regional public security organs and provincial-level or regional prosecutor’s offices have a request to extract prisoners for investigation and prosecution, they shall send the request for prisoner extraction to the head of the provincial-level public security criminal enforcement agency where the requesting agency has its headquarters to issue an order for prisoner extraction or propose an order for prisoner extraction according to their authority.
4. When the military zone authorities and regional public security organs have a request to extract prisoners, they shall send the request to the head of the military zone criminal enforcement agency where the requesting agency has its headquarters to issue an order for prisoner extraction or propose an order for prisoner extraction according to their authority.
5. In cases where a prisoner serving a sentence at a prison is indicted for another crime within fifteen days from the date of the indictment decision, the authority issuing the indictment decision must send a request for prisoner extraction to the competent authority specified in Clauses 1, 2, 3, and 4 of this Article to issue an order for prisoner extraction or propose an order for prisoner extraction to transfer the prisoner to a detention center or sub-detention center to serve investigation.
In cases where a prisoner serving a sentence at a detention center or sub-detention center is indicted by the authority with investigative powers based in the area where the prisoner is serving the sentence, within five working days from the date of the indictment decision against that prisoner, the investigative authority must send a request for prisoner extraction to the provincial-level public security criminal enforcement agency or the military zone criminal enforcement agency where the prisoner is serving the sentence to issue an order for the prisoner to be extracted from the detention facility and organize the detention of the indicted prisoner at the detention center or sub-detention center according to Clause 1 of Article 9 of this Joint Circular.
6. The request for prisoner extraction issued by the authority with investigative powers shall include the following contents:
a) The requesting authority; name, position, title, signature of the authorized person requesting extraction, and stamp;
b) Name, date of birth, place of permanent residence of the prisoner; date of arrest; charge; term of imprisonment; according to judgment number, date, year, of the Court; enforcement decision number, date, year of the Court and the place where the prisoner is serving the sentence; the status of participation in the proceedings of the extracted prisoner in the case being handled by the authority requesting prisoner extraction according to the Criminal Procedure Code;
c) Purpose and duration of extraction; unit assigned to receive and escort the extracted prisoner; detention facility where the extracted prisoner is received and managed during the extraction period.
Article 5. Procedure for Requesting an Order to Extract Prisoners
1. Within three working days from the date of receiving the document requesting the extraction of prisoners, if it does not fall within the authority to issue an extraction order, the criminal enforcement agency must send a request for prisoner extraction along with a copy of the extraction request document issued by the competent investigative body to the agency authorized to issue the extraction order to issue the extraction order. When sending the request to the agency authorized to issue the extraction order, the criminal enforcement agency must notify the agency requesting the extraction.
2. The head of the provincial public security criminal enforcement agency, the head of the military region criminal enforcement agency upon receipt of the document requesting the extraction of prisoners from the competent investigative body, if it does not fall within their authority to issue an extraction order, shall implement the request for an extraction order as follows:
a) In the case where the prisoner is serving a sentence at a prison or detention center under the Ministry of Public Security, they shall send the request for extraction to the head of the criminal enforcement management agency of the Ministry of Public Security;
b) In the case where the prisoner is serving a sentence at a prison or detention center under the Ministry of National Defense, they shall send the extraction request to the head of the criminal enforcement management agency of the Ministry of National Defense;
c) In the case where the prisoner is serving a sentence at a detention center managed by another provincial public security agency, they shall send the request for extraction to the head of that provincial public security criminal enforcement agency to issue the extraction order;
d) In the case where the prisoner is serving a sentence at a detention center under another military region, they shall send the extraction request to the head of that military region criminal enforcement agency to issue the extraction order.
3. In the case of receiving a request for the extraction of a female prisoner who has a child under 36 months old living in the same place of serving the sentence, the agency receiving the request for extraction must inform the competent investigative body that requested the extraction about the fact that the prisoner has a child under 36 months old living in the same place of serving the sentence for consideration and deliberation on the extraction of the prisoner.
4. In the case of receiving a request for the extraction of a prisoner who has been extracted to another detention facility to serve investigation, prosecution, and trial according to the request of the competent investigative body, the agency issuing the extraction order must inform the agency requesting the extraction subsequently, the investigative body currently handling the case, and the criminal enforcement agency currently managing the extracted prisoner to coordinate in resolving the matter according to the jurisdiction defined in the Criminal Procedure Code, the Law on Execution of Criminal Sentences, the Law on Temporary Detention, and the Law on Restriction of Movement from Place of Residence.
Article 6. Issuing an Order to Extract Prisoners
1. Within three working days from the date of receiving the document requesting or proposing the extraction, the agency authorized to issue the extraction order must issue the extraction order and send it to the agency that proposed the extraction order, the agency transferring the prisoner, and the agency receiving the extracted prisoner for implementation. In the case of the provincial public security criminal enforcement agency or the military region criminal enforcement agency issuing the extraction order, they must send the extraction order to the criminal enforcement management agency of the Ministry of Public Security, the criminal enforcement management agency of the Ministry of National Defense for monitoring, and simultaneously send a notification to the competent prosecutor's office where the detention facility managing the extracted prisoner is located for supervision.
2. The extraction order must include the contents prescribed in Clause 4 of Article 38 of the Law on Execution of Criminal Sentences.
Article 7. Extension of Extraction of Prisoners
1. At least five working days before the expiration of the extraction period, the investigative body currently handling the case must send a document requesting an extension of the extraction to the provincial public security criminal enforcement agency, the military region criminal enforcement agency to issue an extension of the extraction order according to their authority or propose the criminal enforcement management agency of the Ministry of Public Security, the criminal enforcement management agency of the Ministry of National Defense to issue an extension of the extraction order based on the request, purpose of extraction of the investigative body or to ensure the procedure for executing the custodial sentence when returning the extracted prisoner to continue execution of the sentence, the agency requesting the extraction of the prisoner must send a proposal to the agency issuing the extraction order to issue an extension of the extraction order in the following cases: a) The extracted prisoner is a suspect or defendant in a case being handled by the investigative body requesting the extraction, when the extraction period expires, the investigative body is still conducting one of the activities of investigation, prosecution, or trial against that prisoner.
b) During the extraction period, the extracted prisoner has been sentenced by the court, when the extraction period expires, the judgment has not yet taken effect or the judgment has taken effect but the agency receiving the extracted prisoner has not received the court's decision to enforce the judgment.
c) In the case where the extracted prisoner is not a suspect or defendant in a case being handled by the investigative body requesting the extraction, when the extraction period expires, the investigative body has not achieved the purpose of extraction and still needs to continue extracting the prisoner to resolve the case.
d) In the case where during the extraction period, the extracted prisoner has been transferred to another detention facility according to the decision to transfer persons under temporary detention or restriction of movement from the place of residence made by the head of the competent temporary detention or restriction of movement management agency to serve investigation, prosecution, or trial, when the extraction period expires and the prisoner has not been returned, the provincial public security criminal enforcement agency or the military region criminal enforcement agency initially requesting the extraction of the prisoner must propose an extension of the extraction.
2. The document proposing an extension of the extraction of the prisoner must clearly state the reason, purpose, and duration of the extension of the extraction and attach the document requesting an extension of the extraction issued by the investigative body, except in the case of proposing an extension of the extraction of the prisoner to complete the enforcement procedures.
3. Within three working days from the date of receiving the document proposing an extension of the extraction, the agency authorized must issue an extension of the extraction order. The extension order must be sent to the agency receiving the extracted prisoner, the agency transferring the extracted prisoner for implementation, and the competent prosecutor's office where the detention facility managing the extracted prisoner is located for supervision.
4. In the case where during the extraction period, if the court with authority issues a decision to revoke the entire judgment or enforcement decision of the court or revokes the custodial sentence part in the judgment or enforcement decision of the court which the prisoner is serving for investigation, prosecution, or trial, the agency receiving the extracted prisoner shall carry out the detention of the prisoner according to the decision of the investigative body and does not perform the procedure to propose an extension of the extraction but must send a notification document attached with a copy of the decision to revoke the judgment or enforcement decision of the court to the investigative body, the agency issuing the extraction order, and the agency transferring the extracted prisoner.
After the court re-trials and the extracted prisoner is sentenced to imprisonment with a decision to enforce the custodial sentence of the court, the agency receiving the extracted prisoner shall enforce the decision to enforce the custodial sentence according to Article 17 of the Law on Execution of Criminal Sentences.
5. In the case where during the extraction period, the extracted prisoner is sentenced to death, the agency receiving the extracted prisoner shall organize the detention of that person according to the regulations on detaining those sentenced to death and does not perform the procedure to propose an extension of the extraction but must send a notification document attached with a copy of the judgment to the agency issuing the extraction order, the agency transferring the extracted prisoner, and the criminal enforcement management agency of the Ministry of Public Security, the criminal enforcement management agency of the Ministry of National Defense for monitoring, while also notifying the competent prosecutor's office where the extracted prisoner is located for supervision.
5. In the event that during the extraction period, the extracted prisoner is sentenced to death, the agency receiving the extracted prisoner shall organize detention according to the regulations on detaining those sentenced to death, without processing an extension request for extraction but must send a notification letter along with a copy of the judgment to the agency that issued the extraction order, the agency that handed over the extracted prisoner, and the criminal enforcement management agencies under the Ministry of Public Security and the Ministry of National Defense for monitoring, while simultaneously notifying the competent People's Procuracy where the extracted prisoner is located for supervision.
Article 8. Coordination in Implementing Warrants for Extracting and Extending Extraction of Prisoners
1. After receiving the warrant for extracting prisoners, the agency assigned to receive and escort the prisoner according to the warrant must dispatch officers carrying an introduction letter, investigation officer certification, or identification of People's Public Security Police, military officer identification, or professional soldiers under the People's Army, along with the warrant for extraction to the place where the prisoner is serving their sentence to receive and escort the prisoner to the detention facility specified in the warrant; if the warrant for extracting prisoners is sent through confidential channels, or through the document management software of the People's Public Security Police or the People's Army, then such warrant must be confirmed (signed, stamped) by the head of the agency receiving the document through confidential channels or confirmed by the criminal enforcement agency of the provincial public security agency or the criminal enforcement agency of the military region. If the agency does not come to receive the extracted prisoner according to the warrant, the agency requesting extraction must issue a notification specifying the reasons and send it to the agency that issued the warrant and the detention facility holding the extracted prisoner.
2. The prison or temporary detention center where the prisoner is being handed over has the responsibility to check the warrant for extraction against the prisoner's file; if correct, they shall organize a health examination, prepare a record of handover and receipt of the extracted prisoner, update the extraction tracking log, and hand over the prisoner to the authorized agency responsible for receiving, escorting, and managing the extracted prisoner during the extraction period.
3. In cases where the extraction and extension of extraction of prisoners equate to the remaining time of imprisonment, the authorized agency receiving the extracted prisoner must dispatch officers to the agency currently managing the prisoner's file to receive the prisoner's file
together with other documents, belongings, money, and other assets (if any) of the extracted prisoner so that the authorized agency receiving the extracted prisoner can issue a certificate of completion of the sentence upon expiration of the term and update the extraction tracking log as stipulated in Clause 5, Article 38 of the Criminal Enforcement Law., 4. In cases where the extracted female prisoner has a child under 36 months old living at the place of serving the sentence, the agency handing over the extracted prisoner must organize a health examination for the prisoner's child and hand over the child along with the birth certificate or other documents specified in Clause 2, Article 22 of the Criminal Enforcement Law to the agency receiving the extracted prisoner to arrange for the child to live with the mother and implement policies for the prisoner and her child during the extraction period as prescribed by law.
In cases where the extracted prisoner is currently under consideration by the competent court for reduction of the term of imprisonment, conditional early release, or has already received a decision on conditional early release but it has not yet taken effect, immediately after handing over the extracted prisoner, the agency handing over the extracted prisoner
5. must notify in writing along with a copy of the warrant for extraction to the competent court considering the reduction of the term of imprisonment or conditional early release for the extracted prisoner and the People's Procuracy at the same level as the court to handle according to their authority. 5. In cases where the handover and receipt of the prisoner according to the warrant for extraction cannot be carried out due to the prisoner named in the warrant suffering from a serious illness, escaping, death, suspension of execution of the sentence, or having been transferred to another detention facility or released according to the decision of the competent authority, the authorized agency receiving the extracted prisoner must immediately notify in writing to the agency requesting extraction, the agency issuing the warrant for extraction, and the criminal enforcement management agencies under the Ministry of Public Security and the Ministry of National Defense.
Within three working days from the date the medical facility confirms the prisoner's health has stabilized; if the escaped prisoner is recaptured or surrenders, the authorized agency handing over the extracted prisoner must inform the authorized agency receiving the extracted prisoner to notify the competent investigative agencies that requested extraction to consider and decide whether to continue requesting extraction or proceed with related investigative procedures concerning the extracted prisoner according to their authority.
Article 9.
Coordination in Managing Prisoners and Exchanging Information During Extraction 1. In cases where the extracted prisoner is a suspect or defendant in a case under investigation, prosecution, or trial and there is a warrant or decision for pretrial detention by the competent authority, the agency receiving the extracted prisoner shall arrange for them to be held in a temporary detention cell in a temporary detention center or a separate section of a temporary detention center and implement the detention management system, diet, accommodation, and daily life of pretrial detainees
for the extracted prisoner as prescribed by the Law on Temporary Detention, Pretrial Detention, and Restriction of Movement and relevant laws. In cases where the extracted prisoner is a suspect or defendant but the investigative agency does not apply pretrial detention measures (no warrant or decision for pretrial detention) as prescribed by the Criminal Procedure Code, they shall be arranged to be held in a cell for prisoners awaiting execution of sentences in a separate section of a temporary detention center (not mixed with other prisoners awaiting execution of sentences) and implement the pretrial detention system as prescribed by the Law on Temporary Detention, Pretrial Detention, and Restriction of Movement and relevant laws. 2. In cases where the extracted prisoner is not a suspect or defendant in a case under investigation, prosecution, or trial, the agency receiving the extracted prisoner shall manage and implement the system for the extracted prisoner as follows: a) In cases where the prisoner has a sentence of five years or less, they shall be arranged to be held in a prisoner management cell in a separate section of a temporary detention center or a prisoner management center (not mixed with prisoners serving sentences);
b) In cases where the prisoner has a sentence exceeding five years and is not a suspect or defendant in a case under investigation, prosecution, or trial, they shall be arranged to be held in a cell for prisoners awaiting execution of sentences in a separate section of a temporary detention center (not mixed with other prisoners awaiting execution of sentences).
c) The system for the extracted prisoner shall be implemented as prescribed by the Criminal Enforcement Law and relevant laws. The criminal enforcement agency receiving the extracted prisoner shall be responsible for classifying the execution of the sentence for the prisoner during the extraction period, and must immediately send the classification results or a review of the compliance with the detention facility rules of the extracted prisoner to the agency managing the prisoner's file for consideration and preparation of a file to request reduction of the term of imprisonment or conditional early release for the extracted prisoner if they meet the conditions.
3. At least seven working days before the end of the extraction period, if not falling under the provisions of Clause 3, Article 10 of this Circular, the detention facility managing the extracted prisoner must notify the agency that requested extraction of the end date of the extraction period to process an extension of extraction for the case stipulated in Clause 1, Article 7 of this Circular.
4. In cases where during the extraction period, the extracted prisoner is transferred to another detention facility according to the decision to transfer pretrial detainees of the head of the competent agency managing pretrial detention and restriction of movement to serve investigation, prosecution, or trial purposes, the head of the criminal enforcement agency initially requesting extraction of the prisoner must issue a notification to the agency that issued the extraction warrant, the agency that handed over the extracted prisoner, and the People's Procuracy at the same level.
At least five working days before the end of the extraction period, the head of the criminal enforcement agency initially requesting extraction of the prisoner must send a notification to the head of the agency managing pretrial detention and restriction of movement that received the transferred prisoner to process the transfer of the prisoner back to the initial receiving detention facility before the end of the extraction period. In cases of emergency, force majeure, objective obstacles, or urgent requirements to serve investigation, prosecution, or trial purposes, making it impossible to return the initially extracted prisoner before the end of the extraction period, the head of the agency managing pretrial detention and restriction of movement that received the transferred prisoner must issue a written response and specify the reasons. The head of the criminal enforcement agency initially requesting extraction of the prisoner must process an application for an extension of extraction according to Point d, Clause 1, Article 7 of this Circular.
In cases where the extracted prisoner is detained for trial for another crime and the new judgment has not yet taken effect, the agency receiving the extracted prisoner must continue to detain them until a new enforcement decision is made by the court. If the new enforcement decision is not made within the extraction period, the provincial criminal enforcement agency under the Ministry of Public Security or the criminal enforcement agency of the military region must process an application for an extension of extraction according to Point b, Clause 1, Article 7 of this Circular.
Within three working days from the end of the extraction or extension period, if the agency that handed over the extracted prisoner has not received the prisoner returned to continue serving the sentence as stipulated in Clause 8, Article 38 of the Criminal Enforcement Law and has not received an extension warrant or notification from the agency that received the extracted prisoner regarding the reason for not returning the prisoner to continue serving the sentence, the agency that handed over the extracted prisoner must notify the agency that received the extracted prisoner, the agency that issued the extraction warrant, and the People's Procuracy located where the agency that handed over the extracted prisoner is based,
except in cases stipulated in Clause 5, Article 38 of the Criminal Enforcement Law.
7. In cases where the extracted prisoner escapes or dies during the extraction period, the agency receiving the extracted prisoner must immediately notify the investigating agency, the competent People's Procuracy to coordinate in handling according to the law and notify in writing the competent investigative agencies currently handling the case, the court that issued the enforcement decision, the agency that issued the extraction warrant, the agency that handed over the extracted prisoner, and the criminal enforcement management agencies under the Ministry of Public Security and the Ministry of National Defense.
5. If the extracted prisoner is extracted for trial for another offense and the new judgment has not yet taken legal effect, the agency receiving the extracted prisoner shall continue to detain until there is a new enforcement decision from the Court. During the waiting period for a new enforcement decision from the Court, if the extraction period has expired, the criminal enforcement agencies at the provincial level of public security and the military region-level criminal enforcement agencies shall process an extension request for extraction in accordance with point b, Clause 1, Article 7 of this Circular.
6. Within three working days from the expiration date of the extraction period or extended extraction period, if the agency that handed over the extracted prisoner has not received the extracted prisoner returned to continue serving the sentence as stipulated in Clause 8, Article 38 of the Criminal Enforcement Law and has not received an extension order or notification from the agency that received the extracted prisoner regarding the reason why the extracted prisoner has not been returned to continue serving the sentence, then the agency that handed over the extracted prisoner shall be responsible for sending a notification to the agency that received the extracted prisoner, the agency that issued the extraction order, and the People's Procuracy at the location of the agency that handed over the extracted prisoner. except in cases provided for in Clause 5, Article 38 of the Criminal Enforcement Law.
7. In the event that during the extraction period, the extracted prisoner escapes from detention or dies, the agency receiving the extracted prisoner must immediately notify the investigation agency and the competent People's Procuracy for coordination in handling procedures in accordance with the law and send a written notification to the agency, person authorized to conduct prosecution proceedings currently handling the case, the court that issued the enforcement decision, the agency that issued the extraction order, the place where the extracted prisoner was handed over, and the criminal enforcement management agencies under the Ministry of Public Security and the Ministry of National Defense.
Article 10. Issuing Certificates of Completion of Criminal Sentences for Extracted Prisoners
1. The agency managing the prisoner's file that has been extracted shall be responsible for notifying the date when the prisoner completes their criminal sentence according to Clause 1 of Article 44 of the Criminal Execution Law and sending the notification to the agency or person authorized to conduct litigation currently handling the case.
2. In cases where on the day the prisoner completes their criminal sentence according to the judgment they are still a suspect or defendant in another case, at least five working days before the prisoner completes their criminal sentence, the agency receiving the extracted prisoner must notify in writing the agency or person authorized to conduct litigation to consider and resolve the application of preventive measures against that prisoner.
3. On the last day of the term of the criminal sentence according to the judgment being served by the extracted prisoner, the agency receiving the extracted prisoner shall be responsible for implementing the procedure for issuing certificates of completion of criminal sentences, releasing the extracted prisoner if the extraction period or the extended extraction period equals the remaining time of the criminal sentence according to Clause 5 of Article 44 of the Criminal Execution Law.
4. If the extracted prisoner receives a certificate of completion of criminal sentences but is still a suspect or defendant in another case and the agency or person authorized to conduct litigation decides to detain them, the agency receiving the extracted prisoner shall continue to detain them at the detention facility. After the court renders a judgment with legal effect and issues a decision to enforce the criminal sentence, the enforcement procedures shall be carried out according to Article 17 of the Criminal Execution Law.
5. Within three working days from the date of issuance of the certificate of completion of criminal sentences, the agency issuing the certificate must send the certificate and a written notification to the agencies specified in Clause 7 of Article 44 of the Criminal Execution Law, the agency issuing the extraction order, and the agency or person authorized to conduct litigation currently handling the case.
Article 11. Coordination in Implementing Conditional Early Release for Extracted Prisoners
1. The proposal to examine and establish a dossier for conditional early release for extracted prisoners shall be implemented according to Clause 4 of Article 56 of the Criminal Execution Law and relevant laws.
2. If the extracted prisoner meets the conditions for conditional early release, within five working days from the date of establishing the dossier for conditional early release for the extracted prisoner, the agency establishing the dossier must notify in writing the agency receiving the extracted prisoner to promptly coordinate and exchange information related to the extracted prisoner.
3. If the extracted prisoner who has been proposed for conditional early release violates the regulations of the detention facility or commits a violation of the law, within three working days from the date of the violation, the agency receiving the extracted prisoner must notify in writing along with the disciplinary decision, the record of violation of the detention facility's regulations, or the document regarding the violation of the law to the agency that established the dossier for conditional early release to handle according to Clause 1 of Article 69 and Clause 4 of Article 70 of the Criminal Execution Law.
4. Upon receipt of the decision on conditional early release from the court while the agency receiving the extracted prisoner is still managing and detaining them, the agency managing the file of the extracted prisoner must immediately send a notification along with the decision on conditional early release to the prison or temporary detention center where the extracted prisoner is being managed and detained to serve the decision, announce it, and post the list at the detention facility.
If the extracted prisoner has a decision on conditional early release but it has not yet taken legal effect and violates the detention facility's regulations, is disciplined, or commits a violation of the law, a written notification must be sent immediately along with the disciplinary decision, the record of violation of the detention facility's regulations, or the document regarding the violation of the law to the agency that established the dossier for conditional early release to handle according to Clause 2 of Article 69 and Clause 4 of Article 70 of the Criminal Execution Law.
Immediately after the decision on conditional early release takes legal effect, if the agency receiving the extracted prisoner is still managing and detaining them, the agency managing the file of the extracted prisoner shall be responsible for issuing a certificate of conditional early release and coordinating with the agency managing and detaining the extracted prisoner to organize the release of the prisoner.
Article 12. Returning Extracted Prisoners to Continue Serving Sentences
1. At the end of the period specified in the extraction order, the extension order, or during the extraction period and extension period if there is no need to continue the extraction and does not fall under any of the cases stipulated in Clauses 1, 4, and 5 of Article 7 of this Joint Circular or upon receipt of the decision to terminate the investigation or temporarily suspend the investigation from the competent agency conducting litigation currently handling the case against the extracted prisoner, the agency receiving the extracted prisoner must notify the agency that issued the extraction order and escort the extracted prisoner back along with the health examination form, the assessment of compliance with detention facility regulations, and related documents during the extraction period to the agency that transferred the extracted prisoner for continued execution of the sentence.
2. If the extracted prisoner is returned for trial for another crime, the return of the prisoner to the agency that transferred the prisoner to continue serving the sentence will be conducted when the new judgment becomes legally effective and has a decision to enforce the sentence or has a decision to consolidate sentences if the new judgment has not consolidated sentences.
The acceptance of the extracted prisoner returned to the agency that transferred the extracted prisoner to continue serving the sentence shall be carried out according to Clauses 2, 3, and 4 of Article 24 of the Criminal Execution Law.
3. If the extracted prisoner is returned from a temporary detention center for investigation, prosecution, or trial and after the trial, the prisoner no longer falls under the category of those subject to temporary detention according to Clause 2 of Article 175 of the Criminal Execution Law, within five working days from the date the agency receiving the extracted prisoner returns the prisoner to continue serving the sentence, the agency accepting the extracted prisoner must report to the provincial criminal enforcement agency, military region criminal enforcement agency to complete the file and prepare a list reported to the Ministry of Public Security criminal enforcement management agency, the Ministry of Defense criminal enforcement management agency to issue a decision to transfer the prisoner to a prison to serve the sentence.
Chapter III
IMPLEMENTATION PROVISIONS
Article 13. Effective Date
1. This Joint Circular shall take effect from July 1, 2026.
2. The Joint Circular No. 01/2020/TTLT-BCA-BQP-TANDTC-VKSNDTC dated June 17, 2020 issued by the Minister of Public Security, the Minister of National Defense, the President of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy on cooperation in extracting prisoners and students undergoing educational measures at reformatory schools for investigation, prosecution, and trial purposes shall cease to be effective upon the entry into force of this Joint Circular. from the date this Circular takes effect.
Article 14. Responsibility for Implementation
1. The Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy shall be responsible for implementing, guiding, inspecting, and urging consistent implementation of this Joint Circular within their respective sectors.
2. During the implementation of this Joint Circular, if there are issues requiring guidance, amendment, or supplementation, relevant agencies, organizations, and individuals shall report to the superior agencies, namely the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy for timely guidance and resolution.
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Deputy MINISTER MINISTRY OF NATIONAL DEFENSE DEPUTY MINISTER Lieutenant General Nguyen Van Gau |
Deputy MINISTER MINISTRY OF PUBLIC SECURITY DEPUTY MINISTER Lieutenant General Le Van Tuyen |
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Deputy PROCURATOR GENERAL SUPREME PEOPLE'S PROcuracy ASSISTANT PROCURATOR GENERAL Tran Hai Quan |
Deputy PRESIDENT SUPREME PEOPLE'S COURT ASSISTANT PRESIDENT Le Tien |
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FOR DISTRIBUTION:
- Committee for Law and Justice of the National Assembly;
- Office of the National Assembly;
- Office of the President;
- Government Office;
- Ministry of Public Security;
- Ministry of National Defense;
- Supreme People's Procuracy;
- Supreme People's Court;
- Official Gazette;
- Electronic Information Portal of the Ministry of Public Security, Ministry of National Defense, Supreme People's Court, and Supreme People's Procuracy;
- To be filed: VT (Ministry of Public Security, Ministry of National Defense, Supreme People's Procuracy, Supreme People's Court).
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