Joint Circular No. 03-TT/LB stipulates the regime for seizing, storing, handling evidence and temporarily detained property in criminal cases.

CIRCULAR

OF THE SUPREME PROCURATOR'S OFFICE OF VIETNAM, THE SUPREME PEOPLE'S COURT, THE MINISTRY OF INTERIOR, THE MINISTRY OF JUSTICE, AND THE MINISTRY OF FINANCE NUMBER 03-TT/LB
APRIL 23, 1984 REGULATING THE SYSTEM FOR SEIZURE, PRESERVATION, AND DISPOSITION OF EVIDENTIA AND TEMPORARILY HELD ASSETS IN CRIMINAL CASES

Seizure, preservation, and disposition of evidentia and temporarily held assets are important issues in criminal proceedings. Properly handling these tasks is a fundamental principle to ensure that investigation, prosecution, trial, and enforcement of judgments comply with the law, are accurate, and effectively combat crime. At the same time, this is also necessary to protect state, collective, and citizen property, and directly relates to maintaining the integrity of officials.

However, in recent times, while there has been no Criminal Procedure Code, relevant sectors have not had strict and consistent regulations on this issue, which is one of the reasons why in many places, the seizure, preservation, and disposition of evidentia and temporarily held assets have violated the law, not only hindering procedural activities, illegally infringing upon citizens' property, but also generating negative phenomena among some officials in public security agencies, procuratorates, and courts.  Therefore, pending the establishment of the Criminal Procedure Code, the Supreme Procurator's Office of Vietnam, the Supreme People's Court, the Ministry of Interior, the Ministry of Justice, and the Ministry of Finance hereby issue this Circular regulating the system for seizure, preservation, and disposition of evidentia and temporarily held assets in criminal cases as follows:

I. SEIZURE OF EVIDENTIA AND LISTED, TEMPORARILY HELD ASSETS

A. SEIZURE OF EVIDENTIA

1. Evidentia are objects used in committing crimes, objects bearing traces of criminal activity, objects related to criminal acts, as well as money or other assets obtained through criminal means. These objects are used to detect crimes and prove factual details of criminal offenses.

2. Evidentia must be fully and promptly seized by investigative agencies. When seizing evidentia during searches, it must be done within the scope of authority and according to the procedures prescribed by law.

All evidentia discovered should be photographed if necessary. The search and seizure record must clearly detail each item of evidentia found regarding its location, quantity, weight, quality, size, color, and other distinctive features. If the evidentia is cash, the amount and type of currency must be recorded, and if it is foreign currency, the country of origin must also be noted, and in necessary cases, the serial number on the currency must be recorded.

Precious metals, precious stones, opium... must be sealed in the presence of the suspect, defendant, or their relatives. Sealing must be carefully done and easily detectable if the seal has been tampered with. The seal must clearly indicate the quantity, quality, and other characteristics of the items inside, signed by the officer conducting the seizure, the suspect or their relative, and a representative of the People's Committee of the commune or ward. The sealing process must be recorded in the seizure record.

During searches, if prohibited items are discovered, they must also be seized for examination.

3. Any items brought back to the investigative agency must be clearly recorded in the record. Items that cannot be brought back to the investigative agency (due to size or inability to move) must be described in detail in the record and photographed, then handed over to the People's Committee of the commune or ward or the owner for safekeeping until the judgment becomes legally effective. The search and seizure record shall be made in three copies: one to be given to the person searched, one to be kept by the searching agency, and one to be included in the case file. In cases where the People's Committee of the commune or ward is responsible for safekeeping, a handover record must be established.

4. For items requiring expert examination to distinguish authenticity (such as precious metals, precious stones, opium, medicinal drugs, foreign currency...) or to determine the nature and effects of the item (chemicals, weapons...), immediate appraisal must be requested. Appraisal costs shall be covered by operational funds and shall not be deducted from the evidentia or temporarily held assets.

B. LISTING AND TEMPORARY HOLDING OF ASSETS

1. Listed and temporarily held assets are money and objects belonging to suspects and defendants and those directly related to the crime, which investigative, prosecution, and trial agencies list and hold temporarily to ensure compensation and fines when resolving and adjudicating the case.

2. Listing and temporary holding of assets may only be carried out in cases where the law stipulates that suspects and defendants must compensate for significant material damage, pay substantial fines, or have part or all of their assets confiscated.

Listed and temporarily held assets include: assets currently in the possession of suspects and defendants, assets lent, rented, sent for repair, deposited, or entrusted to others, savings deposits, and real estate.

Only assets of value corresponding to the potential compensation or fine amounts will be listed and temporarily held. Essential items necessary for daily life and production of the suspect and defendant's family shall not be listed or temporarily held, especially when sealing houses, great caution must be exercised. Memorial items, religious objects, generally shall not be listed or temporarily held, except for those of relatively high value.

Only essential items (such as gold bars, gold leaves, cash...) will be temporarily held, other items after listing shall be handed over to the current asset manager for safekeeping until the judgment becomes legally effective. Temporarily held precious metals and stones must be sealed in the presence of the owner or the person handing over the items. The sealing procedure is the same as for evidentia.

During searches and listing of assets, the procedures must be strictly followed. The record must be clear and complete (similar to the record for evidentia). What is temporarily held and what is handed over to the current asset manager for safekeeping must be recorded in the record. The record must be made in three copies: one to be given to the current asset manager, one to be kept by the agency listing and temporarily holding the assets, and one to be included in the case file. For temporarily held assets requiring appraisal, immediate appraisal must be requested. The appraisal conclusion on temporarily held assets must be copied and sent to the asset manager prior to the appraisal.

When conducting an inventory and seizure, temporary detention of property must be carried out according to proper procedures. The record must clearly and fully state (as with evidence), what items are temporarily detained, and what items are handed over to the current manager of the property for safekeeping must also be recorded in the record. Three copies of the record must be made, one given to the current manager of the property, one given to the seizing authority, and one placed in the case file. For temporarily detained assets that require appraisal, an immediate request for appraisal must be made. The appraisal conclusion regarding temporarily detained assets must be sent to the previous asset manager for their knowledge.

4. During the investigation and prosecution stages, officers of the investigative agencies and prosecutors have the authority to issue orders for the arrest of criminal suspects and to search and seize property. Such orders must be approved by the People's Procuracy to become effective, except in cases of immediate seizure upon discovery of the crime or in urgent situations.

During the pre-trial preparation stage, this authority belongs to the People's Court.

II. PRESERVATION AND HANDOVER OF EVIDENCE AND PROPERTY
TEMPORARILY HELD 

1. Evidence and temporarily held property must be carefully preserved with detailed records kept in ledgers, secure preservation methods employed, strict management systems implemented, and designated personnel assigned to ensure no damage or loss occurs. Any acts of theft, exchange, use, sale, or internal distribution are strictly prohibited.

Rewards for individuals who have made significant contributions in identifying and apprehending criminals may only be granted after the case has been adjudicated and the judgment has taken legal effect, or after a decision to exempt from prosecution by the People's Procuracy.

2. If the evidence or temporarily held property consists of perishable consumer goods (such as foodstuffs, fresh produce, pharmaceuticals, medicinal herbs...), the investigative agency shall immediately hand them over to state-owned specialized stores dealing in such items. The receiving unit shall pay the investigative agency according to the current encouraged purchase price. The investigative agency shall deposit the money into the bank. Documentation regarding the deposit must be included in the case file.

Evidence belonging to the following categories shall be handed over to relevant agencies for temporary management pending disposal.

Precious metals, precious stones, and cash (including foreign currency) must be immediately deposited with the bank.

- Opium, narcotics, shall be handed over to provincial or central specialized drug agencies.

- Poisonous substances and those containing bacteria shall be handed over to health authorities.

- Weapons and explosives shall be handed over to public security agencies or military agencies.

When depositing money into the bank and handing over evidence to these agencies, the investigative agency must inform the People's Procuracy and financial authorities.

When transferring evidence to agencies for temporary management, if deemed necessary, the investigative agency may retain a portion for testing, examination, or as proof in court proceedings. What is retained and the quantity thereof must be recorded in a decision and included in the case file.

3. Temporarily held property, including precious metals, precious stones, and cash, must also be deposited with the bank immediately.

4. When the investigative agency deposits proceeds from the sale of perishable evidence, cash evidence, or temporarily held cash into the bank, it must clearly indicate which case the funds belong to so that they can be quickly retrieved when needed.

5. The handover of evidence and temporarily held property must be timely, complete, and conducted according to procedures such as preparing a record, having signatures and stamps from both parties involved, and making multiple copies for each party to keep and include one copy in the case file.

- In specific cases, the following additional requirements apply:

- For evidence and temporarily held property directly seized by the investigative agency and subsequently transferred to agencies for temporary management (as mentioned in point - Chapter II), a record must be prepared for each agency. The record must detail each item as in the seizure record and notify the financial agency.

- In cases of speculative trading, smuggling... transferred from administrative agencies to pursue criminal responsibility, these agencies must transfer the case file along with the seizure record and the record of transferring evidence to agencies for temporary management pending disposal, so that the court can decide on the handling of both the offender and the evidence during the trial.

If administrative agencies temporarily hold the property of the parties involved, they must transfer all evidence and physical items along with the documentation.

- When handing over evidence or temporarily held property such as precious metals, precious stones, money, foreign currency, opium... to the appraisal agency, a record must be prepared for opening the seal, determining whether the seal remains intact or has been tampered with, and inventorying the contents within the seal. Opening the seal must involve representatives from the sealing agency, the appraisal agency, and the accused or their representative, all of whom must sign the record. A copy of this record must be provided to the accused.

- When the investigative agency transfers the case file to the People's Procuracy for processing, and the People's Procuracy transfers it to the court for trial, the file must contain all seizure records and other related documents concerning the evidence and temporarily held property. Bank deposits remain under the account of the investigative agency.

For cases referred for prosecution and trial, items not required to be deposited with the bank or handed over to agencies for temporary management pending disposal must be transferred to the court. For cases involving numerous pieces of evidence and temporarily held property or bulky, complex items, a three-way handover between the police, the People's Procuracy, and the court must be organized by the People's Procuracy after deciding to transfer the case file to the court for trial. Transportation costs are covered by operational funds and cannot be deducted from the evidence or temporarily held property. Evidence classified as national secrets must be sealed and directly handed over to the Chief Prosecutor of the People's Procuracy and the Chief Judge of the People's Court, and must be strictly managed.

For cases where the People's Procuracy exempts from prosecution or limits the scope of investigation, the evidence and temporarily held property shall remain at the investigative agency to be resolved according to the People's Procuracy's disposal decision.

- When transferring cases internally within the police, prosecution, and judicial sectors, or between civilian and military agencies, the case file must contain all seizure records and other related documents concerning the evidence and temporarily held property. Physical items, except those already deposited with the bank or handed over to agencies for temporary management pending disposal, must be transferred with the case file. In difficult cases where transfer is not possible, the reasons must be noted in the handover and the remaining items must be carefully preserved until the receiving agency decides on their disposal.

- For cases subject to appellate review, necessary evidence must be transferred with the case file for appellate review. Remaining items and temporarily seized assets not included in the file must be properly preserved until the appellate judgment is rendered.

- When returning evidence to the person from whom it was wrongfully taken, or when transferring assets to the parties involved, the record must clearly state what is being returned, its condition, whether it is complete or missing, and the reasons.

- When changing the staff directly managing the evidence and temporarily seized assets within the same unit, a handover record must be established, witnessed by authorized personnel.

III. DISPOSITION OF EVIDENCE AND TEMPORARILY HELD ASSETS

 1. The disposition of evidence in criminal cases must be recorded in the criminal judgment and handled specifically as follows:

- Confiscation and submission to the State budget, the handling agency must send a copy of the confiscation decision to the financial authority at the same level for receipt and submission to the State budget.

- Destruction of items that have no value or are completely unusable. During destruction, the agency deciding on the disposal of the case must establish a record witnessed by representatives of the agencies managing the evidence, the Public Prosecutor's Office, and the financial authority.

- Evidence that is stolen property, if not needed to serve the trial, shall be returned to the owner from the investigation stage (including when the owner is the State, citizens...).

If the evidence is perishable goods that have been sold, then the owner shall be refunded the sale proceeds. If the owner is a state enterprise or social organization that has purchased materials at supply prices, then payment shall be made according to those prices. Any excess from selling at a higher price shall be submitted to the State budget. If the stolen property has already been liquidated and settled, then the entire sale proceeds or unsold evidence shall be submitted to the State budget.

- For evidence whose owners cannot be identified, the handling agency must publicly announce. If no one claims ownership within six months from the date of announcement, it shall be submitted to the State budget.

In cases of disputes over ownership of evidence, they shall be resolved through civil litigation.

Once the judgment becomes legally binding, the enforcement officer shall coordinate with the agency that seized the evidence, the agency currently managing the evidence, and the financial authority to dispose of the evidence in accordance with the judgment.

2. For cases of non-prosecution, the Public Prosecutor's Office decides on the disposition of evidence. The Public Prosecutor's Office shall inform the investigating agency and implement the decision. Specifically, for cases of speculation, smuggling, counterfeiting, and illegal business operations where the Public Prosecutor's Office grants non-prosecution, the Public Prosecutor's Office shall issue a document to exchange with the administrative handling agency to handle the seized evidence within their jurisdiction.

3. In cases where the confiscation decision has been executed but later found to be erroneous and revoked, the agency responsible for handling must coordinate with the financial authority to draw from the State fund to compensate the party for the confiscated assets based on the current retail price of the State.

4. For temporarily held assets, if the accused has fully compensated or paid the fine, they shall be returned to them. Specifically, for firearms, precious stones, foreign currencies, prior to making a decision, the bank must be consulted regarding the management system for gold, silver, and foreign currencies. If they cannot pay or have not paid enough, the agency responsible for enforcing the decision shall coordinate with the agency holding the assets to sell them for compensation or payment of fines, any surplus shall be returned to them. For assets listed for seizure but not temporarily held, they shall be handed over to the defendant or their family to sell within a specified period. If they fail to sell within the deadline, the agency enforcing the decision and the agency that listed the assets for seizure shall organize the sale for compensation or payment of fines.

5. The sale of confiscated evidence or temporarily held assets must be conducted by a valuation and public auction committee (the Ministry of Justice, Supreme People's Court, and Ministry of Finance will provide guidance on this matter).

6. When there are complaints about loss, damage, exchange of evidence or temporarily held assets, the head of the agency holding these items must resolve and respond to the parties within two months, while also informing the handling agency and the Public Prosecutor's Office. If there are complaints about wrongful confiscation and inadequate compensation, the agency that issued the erroneous confiscation decision must, together with the financial authority, resolve and respond to the parties within two months, and also inform the Public Prosecutor's Office.

7. The disposition of evidence in cases of fleeing abroad shall follow the guidelines set out in Joint Circular No. 03 dated December 25, 1982.

IV. DISCIPLINARY MEASURES

Heads of agencies responsible for seizing, preserving, and disposing of evidence and temporarily held assets must regularly inspect these activities. The Public Prosecutor's Office must strictly supervise these activities. If loss or exchange occurs, the agency managing these items must compensate, and subsequently, the directly responsible staff must compensate the agency according to material responsibility or civil liability. For evidence or temporarily held assets damaged due to negligence in preservation or unauthorized use, compensation is also required.

Staff violating the provisions of this circular, in addition to compensation, may face administrative disciplinary measures or criminal prosecution depending on the severity of the offense.

1. The Director of the Finance and Planning Department is responsible for guiding and supervising the implementation of this Circular.

The police, prosecutor, court, justice, and finance sectors shall provide additional guidance and organize for their staff at all levels to thoroughly understand and correctly implement these regulations according to their functions.

Any difficulties encountered during implementation should be promptly reported to the superior authorities within the sector.