Joint Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP on cooperation between Investigative Agencies and Prosecutors in implementing certain provisions of the Criminal Procedure Code

JOINT CIRCULAR

Regulations on coordination between Investigation Agencies and Prosecution Agencies

in implementing certain provisions of the Criminal Procedure Code

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

On the basis of Law BIssuing a regulatory legal documenton June 22 2015;

The Prosecutor of the Supreme People's Procuracy, the Minister of Public Security, and the Minister of National Defense jointly issued this Circular on coordination between Investigation Agencies and Prosecution Agencies in implementing certain provisions of the Criminal Procedure Code concerning prosecution, investigation, and indictment.as follows:

Article 1. Scope of Regulation

This Circular regulates coordination between Investigation Agencies and Prosecution Agencies in implementing certain provisions of the Criminal Procedure Code regarding prosecution, investigation, and indictment.

Article 2. Applicability

1. Investigation agencies at all levels of the Public Security Force, Investigation agencies at all levels of the People's Armed Forces, and Investigation agencies of the Supreme People's Procuracy (hereinafter referred to as Investigation Agencies).

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

3. Persons conducting proceedings belonging to the agencies specified in Clauses 1 and 2 of this Article.

4. Other agencies, organizations, and individuals related to the matter.

Article 3. Principles of Cooperation

1. Ensuring compliance with the functions and responsibilities of each agency as prescribed by law.

2. Being implemented regularly, ensuring prompt and timely resolution of cases in accordance with the law.

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

Article 4. Changing the person authorized to conduct proceedings

1. If the Head of the Investigation Agency at the district level, the Head of the Military Investigation Agency in the region, the Head of the Investigation Agency at the provincial level, or the Head of the Military Investigation Agency at the military zone level conducts proceedings for a case that falls under one of the circumstances requiring refusal to conduct proceedings or changes as stipulated in Articles 49 and 51 of the Criminal Procedure Code, then the Investigation Agency shall issue a written request to the Procuracy at the same level to issue a decision transferring the case to the higher-level Investigation Agency for investigation.

In the case where the Head of the Central Investigation Agency conducts proceedings for a case that falls under one of the circumstances requiring refusal to conduct proceedings or changes, then the Minister of Public Security (if the Head of the Investigation Agency of the Public Security Force), the Minister of National Defense (if the Head of the Investigation Agency belongs to the Ministry of National Defense), or the Leader of the Supreme People's Procuracy (if the Head of the Investigation Agency belongs to the Investigation Agency of the Supreme People's Procuracy) shall decide to assign a Deputy Head of the Investigation Agency to conduct proceedings for the case.

2. In the case where the Deputy Head of the Investigation Agency falls under one of the circumstances requiring refusal to conduct proceedings or changes, then the Head of the Investigation Agency shall immediately reassign another Deputy Head or directly conduct proceedings for the case.

3. When the Investigator or Investigative Officer falls under one of the circumstances requiring refusal to conduct proceedings or changes, the Prosecutor shall immediately communicate to the Investigator or Investigative Officer to refuse to conduct proceedings; if the Investigator or Investigative Officer does not agree, the Prosecutor shall issue a written request to the Head or Deputy Head of the Investigation Agency to consider and change the Investigator or Investigative Officer, or report to the Procurator or Deputy Procurator of the Procuracy to issue a written request to the Head or Deputy Head of the Investigation Agency to consider and change the Investigator or Investigative Officer.

Within three days from the date of receipt of the written request from the Procurator or Deputy Procurator of the Procuracy at the same level, or from the Prosecutor, the Head or Deputy Head of the Investigation Agency must issue a decision to change the Investigator or Investigative Officer; if there is disagreement, the Head or Deputy Head of the Investigation Agency must reply in writing to the Procuracy, stating the reasons.

4. In the case where the Procurator of the People's Procuracy at the district level, the Procurator of the Military Procuracy in the region, the Procurator of the People's Procuracy at the provincial level, or the Procurator of the Military Procuracy at the military zone level falls under one of the circumstances requiring refusal to conduct proceedings or changes as stipulated in Articles 49 and 52 of the Criminal Procedure Code, then the Procuracy must immediately report to the Procurator of the higher-level Procuracy to issue a decision assigning a Deputy Procurator of that Procuracy to replace them and send the assignment decision to the Investigation Agency handling the case. If that Procuracy does not have a Deputy Procurator or the Deputy Procurator falls under one of the circumstances requiring refusal to conduct proceedings or changes, the Investigation Agency and Procuracy must report to the higher-level Investigation Agency and Procuracy so that the higher-level Investigation Agency can withdraw the case for investigation.

5. In the case where the Deputy Procurator of the Procuracy falls under one of the circumstances requiring refusal to conduct proceedings or changes, the Procurator of the Procuracy shall decide to reassign another Deputy Procurator or directly conduct proceedings for the case.

6. In the case where it is found that the Deputy Procurator, Prosecutor, or Inspector falls under one of the circumstances requiring refusal to conduct proceedings or changes, the Investigation Agency shall issue a written request specifying the reasons for the Procurator or Deputy Procurator of the Procuracy at the same level to consider and decide.

Within three days from the date of receipt of the written request from the Investigation Agency, if there is sufficient basis, the Procurator or Deputy Procurator of the Procuracy shall issue a decision to change the Deputy Procurator, Prosecutor, or Inspector; if there is no sufficient basis, they shall reply in writing to the Investigation Agency, stating the reasons.

7. In the case where the Head of the Investigation Agency and the Procurator of the Procuracy directly conduct proceedings for the case, the Head of the Investigation Agency must issue a written notification to the Procuracy, and the Procurator of the Procuracy must issue a written notification to the Investigation Agency.

8. Written documents on the assignment and change of Heads, Deputy Heads, Investigators, and Investigative Officers of the Investigation Agencies as stipulated in Clauses 1, 2, 3, and 7 of this Article must be sent to the Procuracy at the same level and included in the case file.

Documents regarding the allocation, change of the Prosecutor General, Deputy Prosecutor General, Prosecutor, Inspector as stipulated in Clauses 4, 5, 6, and 7 of this Article must be sent to the Investigative Agency and included in the case file.

Article 5. Changing or Revoking Orders and Decisions of the Head or Deputy Head of the Investigative Agency

1. In cases where orders or decisions of the Head of the Investigative Agency that have been sent to the Office of the Prosecutor are found to have grounds for change or revocation, the Head of the Investigative Agency shall issue a document requesting withdrawal of such order or decision to issue a new decision for change or request the Office of the Prosecutor to revoke it; if the Office of the Prosecutor discovers such grounds, it shall require the Head of the Investigative Agency to issue a decision for change or issue a document requesting the Office of the Prosecutor to revoke it; if the Investigative Agency disagrees, the Office of the Prosecutor shall examine and decide on the matter of change or revocation according to the provisions of the Criminal Procedure Code.

2. In cases where orders or decisions of the Deputy Head of the Investigative Agency that have been sent to the Office of the Prosecutor are found to have grounds for change or revocation, the Head of the Investigative Agency shall issue a document requesting withdrawal of such order or decision and issue a decision for change or revocation; if the Office of the Prosecutor discovers such grounds, it shall require the Head of the Investigative Agency to issue a decision for change or revocation; if the Investigative Agency disagrees, the Office of the Prosecutor shall examine and decide on the matter of change or revocation according to the provisions of the Criminal Procedure Code.

3. In cases where orders or decisions of the Head or Deputy Head of the Investigative Agency that have been approved by the Office of the Prosecutor are found to have grounds for change or revocation, the Head of the Investigative Agency and the Prosecutor General of the Office of the Prosecutor shall handle the matter as follows:

a) If the Investigative Agency discovers such grounds, the Head of the Investigative Agency shall issue a document requesting the same-level Office of the Prosecutor or recommending the higher-level Office of the Prosecutor to examine and decide on the matter of change or revocation; if the Office of the Prosecutor does not agree, it shall notify in writing with detailed reasons.

b) If the Office of the Prosecutor discovers such grounds, the Prosecutor General of the Office of the Prosecutor shall discuss with the Head of the Investigative Agency before examining and deciding on the matter of change or revocation;

c) After revocation, if there is a need to issue another order or decision, the Office of the Prosecutor shall issue a document requesting the Investigative Agency to issue an order or decision for approval by the Office of the Prosecutor. If the Investigative Agency does not comply, the Office of the Prosecutor shall examine and decide according to its authority.

Article 6. Responsibilities of the Investigative Agency in Implementing Requests and Decisions of the Office of the Prosecutor

1. During the stages of prosecution initiation, investigation, and prosecution, the Investigative Agency must implement requests and decisions of the Office of the Prosecutor as prescribed in Articles 162, 167, 236, and 238 of the Criminal Procedure Code.

2. For decisions specified in Clause 1 and Clause 6 of Article 159, Point b Clause 1 of Article 161, Clause 4 and Clause 5 of Article 165 of the Criminal Procedure Code, if there is disagreement, the Investigative Agency still must implement them but has the right to recommend to the higher-level Office of the Prosecutor to examine and resolve; if it is a central-level Investigative Agency, it shall recommend to the Chief Prosecutor of the Supreme People's Office of the Prosecutor, the Chief Prosecutor of the Central Military Office of the Prosecutor to examine and resolve. If the recommendation of the Investigative Agency is agreed upon, the higher-level Office of the Prosecutor shall revoke the decision of the lower-level Office of the Prosecutor; if not agreed upon, it shall notify in writing with detailed reasons to the Investigative Agency that made the recommendation and the lower-level Office of the Prosecutor.

Article 7. Initiation of criminal cases; prosecution and supervision of the initiation and investigation of criminal cases

1. Within three days from the date of receiving the decision to initiate a criminal case and related documents from the Investigative Agency, the Prosecution Office must examine and handle as follows:

a) If it finds that the decision to initiate a criminal case has grounds and is lawful, it shall issue a decision assigning a Prosecutor or Inspector to exercise the prosecution function and supervise the initiation and investigation of the case, and send it to the Investigative Agency;

b) If it finds that there are insufficient grounds for initiating the case, it shall issue a document requesting the Investigative Agency to supplement evidence and documents to clarify the situation;

c) If it finds that the decision to initiate a criminal case lacks grounds, it shall issue a document requesting the Investigative Agency to rescind that decision; if the Investigative Agency does not agree or the decision to initiate a criminal case was made by the head of the Investigative Agency, the Prosecution Office shall rescind the decision to initiate the criminal case according to Clause 6, Article 159 and Clause 1, Article 161 of the Criminal Procedure Code.

2. Within two days from the date of receiving the decision not to initiate a criminal case and related documents from the Investigative Agency, the Prosecution Office must examine and handle as follows:

a) If it finds that the decision not to initiate a criminal case has grounds, it shall notify the Investigative Agency in writing;

b) If it finds that there are insufficient grounds, it shall issue a document requesting the Investigative Agency to supplement evidence and documents to clarify the situation;

c) If it finds that the decision not to initiate a criminal case lacks grounds, it shall issue a document requesting the Investigative Agency to rescind that decision and issue a decision to initiate a criminal case; if the Investigative Agency does not comply, the Prosecution Office shall rescind the decision not to initiate a criminal case and issue a decision to initiate a criminal case according to Point a, Clause 3, Article 153, Clause 6, Article 159 of the Criminal Procedure Code and send it to the Investigative Agency to conduct an investigation.

3. In the event that the Prosecution Office requests the initiation of a criminal case, the Investigative Agency must issue a decision to initiate a criminal case within three days from the date of receipt of the request; if the Investigative Agency fails to do so, the Prosecution Office shall decide on the initiation of the case according to Clause 3, Article 153 and Point d, Clause 1, Article 161 of the Criminal Procedure Code and send it to the Investigative Agency to conduct an investigation.

4. After initiating a criminal case at the request of the Trial Council or upon receipt of the decision to initiate a criminal case from the Trial Council and related documents, the Prosecution Office shall immediately transfer the decision to initiate the criminal case and related documents to the competent Investigative Agency to conduct an investigation.

5. In the case where a criminal case is initiated at the request of the victim, the request of the victim or their representative must be in writing with their signature or fingerprint; if the victim or their representative personally presents the request, the Investigative Agency and the Prosecution Office must record the content of the request in a protocol for them to sign or fingerprint. The protocol established by the Prosecution Office must be immediately transferred to the Investigative Agency for consideration of the initiation of the criminal case and inclusion in the case file.

After initiating a criminal case, if the victim or their representative withdraws the request for initiation, and if the case is still under investigation or has a conclusion of investigation but the file has not been transferred to the Prosecution Office, the Investigative Agency shall consider and decide to terminate the investigation; if the file has already been transferred to the Prosecution Office, the Prosecution Office shall consider and decide to terminate the case.

Article 8. Amendment or supplementation of the decision to initiate criminal proceedings

1. Within three days from the date of receipt of the decision to amend or supplement the decision to initiate criminal proceedings and related documents from the Investigative Agency, the Prosecutor's Office must examine and handle as follows:

a) If the basis is not clear, issue a document requesting the Investigative Agency to supplement evidence and materials to clarify the situation;

b) If the decision to amend or supplement the decision to initiate criminal proceedings lacks a basis, issue a document requesting the Investigative Agency to issue a decision to revoke that decision; if the Investigative Agency does not agree, the Prosecutor's Office shall issue a decision to revoke the decision to amend or supplement the decision to initiate criminal proceedings in accordance with point b, clause 1, Article 161 of the Criminal Procedure Code.

2. When there is a basis for amending or supplementing the decision to initiate criminal proceedings, the Prosecutor's Office issues a document requesting such amendment or supplementation; within no more than three days from the date of receipt of the request document, the Investigative Agency must issue a decision to amend or supplement the decision to initiate criminal proceedings; if the Investigative Agency fails to implement the request, the Prosecutor's Office shall issue a decision to amend or supplement the decision to initiate criminal proceedings.

3. Do not amend the decision to initiate criminal proceedings if, through investigation, it is determined that the accused's act constitutes another provision of the crime already initiated.

Example: The decision to initiate criminal proceedings and indict Nguyen Van A for theft under Clause 2, Article 173 of the Penal Code; during the investigation, it is determined that Nguyen Van A's act constitutes theft under Clause 1, Article 173 of the Penal Code or under Clause 3, Article 173 of the Penal Code, then there is no need to issue a decision to amend the decision to initiate criminal proceedings.

Article 9. Indictment of the accused, amendment or supplementation of the decision to indict the accused

1. The indictment of the accused, amendment or supplementation of the decision to indict the accused shall be carried out in accordance with Articles 179, 180, and 433 of the Criminal Procedure Code.

After the indictment of the accused, the interrogation of the accused and the taking of statements from the legal representative of a commercial entity shall be conducted in accordance with Articles 183 and 442 of the Criminal Procedure Code.

2. Within twenty-four hours from the issuance of the decision to indict the accused or the decision to amend or supplement the decision to indict the accused, the Investigative Agency must issue a document requesting the Prosecutor's Office to approve, specifying the accused's background, grounds for indictment, total number of documents related to the indictment of the accused, and the amendment or supplementation of the decision to indict the accused for the Prosecutor's Office to review and approve.

3. In cases where the Investigative Agency or the Prosecutor's Office amends the decision to indict the accused in accordance with point a, clause 1, Article 180 of the Criminal Procedure Code or supplements the decision to indict the accused, if the decision to initiate criminal proceedings has not yet indicted for that offense, before issuing the decision to amend or supplement the decision to indict the accused, the Investigative Agency must first issue a decision to amend or supplement the decision to initiate criminal proceedings.

Example 1: The Investigative Agency decides to initiate criminal proceedings and indict Nguyen Van A for fraudulently appropriating assets. During the investigation, it is determined that A's act constitutes the crime of defrauding appropriation of assets; before the Investigative Agency issues a decision to amend the decision to indict A from fraudulently appropriating assets to defrauding appropriation of assets, the Investigative Agency must first issue a decision to amend the decision to initiate criminal proceedings from fraudulently appropriating assets to defrauding appropriation of assets.

Example 2: The Investigative Agency decides to initiate criminal proceedings and indict Nguyen Van B for fraudulently appropriating assets. During the investigation, it is determined that B also committed acts of defrauding appropriation of assets; before the Investigative Agency issues a decision to supplement the decision to indict B for defrauding appropriation of assets, the Investigative Agency must first issue a decision to supplement the decision to initiate criminal proceedings for defrauding appropriation of assets.

4. Do not amend the decision to indict the accused when the investigation clarifies that the accused's act constitutes another provision within the same crime and article already initiated against the accused.

5. The Prosecutor's Office decides to indict the accused, decide to amend or supplement the decision to indict the accused when the Investigative Agency fails to implement after being requested in writing. In cases where the Prosecutor's Office indicts the accused, the amendment or supplementation of the decision to indict the accused is decided by the Prosecutor's Office.

6. The issuance of the decision to initiate criminal proceedings, indictment of the accused, or supplementation of the decision to initiate criminal proceedings, supplementation of the decision to indict the accused in cases where the accused commits multiple offenses but under the same crime, and in cases where the accused commits multiple crimes, shall be carried out as follows:

a) If a person commits multiple offenses but under the same crime and is discovered at the same time, only one decision to initiate criminal proceedings and one decision to indict the accused shall be issued for all such offenses. If during the investigation and prosecution, it is found that the accused has committed other offenses under the same crime that have not been indicted, a decision to supplement the decision to initiate criminal proceedings for such offenses shall be issued;

b) If at one time, a person commits multiple different offenses and is discovered at the same time, only one decision to initiate criminal proceedings and one decision to indict the accused shall be issued for all such offenses, clearly stating each crime and the relevant provisions of the Penal Code;

c) If a person commits multiple different offenses where the earlier offense was committed to commit the subsequent offense or the offenses are related to each other, only one decision to initiate criminal proceedings and one decision to indict the accused shall be issued for all such offenses, clearly stating each crime and the relevant provisions of the Penal Code.

d) If a person commits multiple criminal acts at different times and under different criminal charges but is discovered at the same time, only one decision to initiate a criminal case and one decision to indict the suspect for the criminal acts shall be issued, clearly stating each charge and the relevant Articles and Clauses of the Criminal Code applied.

đ) When discovering that the suspect has committed multiple crimes, including those within the jurisdiction of a higher-level investigative agency, the lower-level investigative agency must consult and reach consensus with the same-level Procuracy to transfer the entire case to the higher-level investigative agency for investigation.

7. After receiving the case file and the investigative conclusion from the Investigative Agency, if the Procuracy discovers that there is an individual or commercial entity that has committed a criminal act in the case which has not been indicted, or there is evidence to determine that the suspect's criminal act does not constitute the indicted crime or there are other unindicted criminal acts, then the Procuracy shall consider and decide on indicting the suspect according to the provisions of Clause 4, Article 179 of the Criminal Procedure Code, or return the case file to the Investigative Agency for supplementary investigation, requesting the Investigative Agency to issue an indictment decision, a decision to change or supplement the indictment decision, and conduct investigative activities according to general procedures. If the Investigative Agency fails to implement the request, the Procuracy shall issue an indictment decision, a decision to change or supplement the indictment decision, and send it to the Investigative Agency for investigation.

Article 10. Handover and approval of indictment decisions, decisions to change or supplement indictment decisions

1. The Investigative Agency shall proactively consult with the Procuracy before deciding on an indictment, a decision to change or supplement an indictment.

2. Within three days from the date of receipt of the indictment decision, the decision to change or supplement the indictment decision, the Procuracy must issue a decision to approve or revoke the indictment decision, the decision to change or supplement the indictment decision. In cases where sufficient grounds for approval are deemed insufficient, the Prosecutor shall promptly exchange with the Investigator the contents requiring additional evidence and materials, and report to the leadership of their respective agencies to seek opinions and unify the contents requiring supplementation. Requests for additional evidence and materials from the Procuracy must be in writing. If such supplementation cannot be made, the Investigative Agency must provide a written explanation.

After completing the supplementation of evidence and materials as requested by the Procuracy, the Investigative Agency must submit a written request for approval or withdrawal of the indictment decision, the decision to change or supplement the indictment decision, along with the supplemented evidence and materials, for the Procuracy to review and decide according to its authority.

3. In cases where the approval of an indictment decision against a person who is currently detained is being considered, the period for approval shall not exceed the detention period or the extended detention period. At least twenty-four hours before the end of the detention or extended detention period, the Investigative Agency must transfer the file requesting approval of the indictment decision to the same-level Procuracy. If the Procuracy requests additional evidence and materials as the basis for approval, the time for supplementation shall not exceed the extended detention period; if supplementation cannot be made within the extended detention period, the Investigative Agency must provide a written explanation and request the Procuracy to consider and decide.

4. To supplement evidence and materials for reviewing and deciding on the approval of the indictment decision, the decision to change or supplement the indictment decision, if the Prosecutor and Investigator jointly interrogate the suspect, take statements from the legal representative of a commercial entity, witnesses, victims, and parties involved, the Investigator is responsible for immediately copying and transferring the interrogation records and statement-taking records to the Prosecutor; if the Prosecutor directly conducts the interrogation and taking of statements, the Prosecutor must immediately transfer the interrogation records and statement-taking records to the Investigator to include in the case file.

5. The file requesting the Procuracy to review and approve the indictment decision, the decision to change or supplement the indictment decision includes the following evidence and materials:

a) A document requesting approval of the indictment decision, the decision to change or supplement the indictment decision;

b) The decision to initiate a criminal case, the decision to change or supplement the decision to initiate a criminal case;

c) The indictment decision, the decision to change or supplement the indictment decision;

d) Interrogation record of the suspect (if any), statement-taking record of the legal representative of a commercial entity (if any); statement-taking record of the accused, the person reported for prosecution, the person held in urgent circumstances, the arrested person, the detained person, the witness, the victim, and other participants in the proceedings (if any);

đ) Other evidence and materials serving as the basis for indictment, changing or supplementing the indictment decision.

6. The statistics, stamping, and handover of documents in the file requesting approval as stipulated in this Article shall be carried out according to the provisions of Clause 1, Article 35 of this Circular.

7. After receiving the approval decision of the indictment decision or the indictment decision from the Procuracy, the Investigative Agency must comply with the provisions of Clause 5, Article 179 of the Criminal Procedure Code and must prepare a record of the handover and receipt of the approval decision of the indictment decision or the indictment decision from the Procuracy.

Article 11. Proposing investigation requests and implementing investigation requests of the Prosecutor

1. The Prosecutor must promptly exchange with the Investigator and the assigned Investigative Officer about issues that need to be investigated immediately upon receiving the decision to initiate criminal proceedings and during the investigation process, ensuring that the Investigator and the assigned Investigative Officer timely collect all evidence and materials of the case.

The Prosecutor may propose an investigation request orally during direct supervision of on-site inspections, autopsy inspections, searches, interrogations of suspects, taking statements from witnesses, victims, parties, confrontation, identification, investigative experiments, voice recognition. For other investigative activities, the Prosecutor must propose an investigation request in writing, clearly and specifically stating the issues that need to be investigated and the evidence and materials that need to be collected. The written investigation request must be included in the case file.

2. The Investigator and the assigned Investigative Officer must implement the investigation requests of the Prosecutor; if necessary, the Investigator and the assigned Investigative Officer may discuss with the Prosecutor to clarify the contents of the investigation request. In cases where there are contents of the investigation request that the Investigator and the assigned Investigative Officer do not agree with, the Investigator and the assigned Investigative Officer shall report to the Head or Deputy Head of the Investigative Agency; the Prosecutor shall report to the Chief Prosecutor or Deputy Chief Prosecutor for consensus on the content of the investigation request. In cases where the Investigative Agency does not implement the investigation request of the Prosecutorial Agency or has conducted investigative activities but due to objective obstacles cannot implement the investigation request of the Prosecutorial Agency, the Investigative Agency must state the reasons in the investigative conclusion.

Article 12. The Prosecutorial Agency directly conducts certain investigative activities

1. During the investigation phase, when falling under one of the circumstances stipulated in Clause 7, Article 165 of the Criminal Procedure Code, the Prosecutor directly conducts interrogations of suspects, takes statements from persons temporarily detained, arrested persons, victims, parties, witnesses, observers, confrontations, investigative experiments, and other investigative activities as prescribed by the Criminal Procedure Code. The Prosecutor must notify the Investigator before conducting these activities. The Investigator has the responsibility to cooperate with the Prosecutor to carry out investigative activities when requested; in cases where the Investigator is absent, the Investigator must notify the Prosecutor at least two hours before the Prosecutor conducts certain investigative activities.

2. In cases where the Prosecutorial Agency directly conducts certain investigative activities according to Clause 3, Article 236 and Clause 1, Article 246 of the Criminal Procedure Code and finds it necessary to coordinate with the Investigative Agency, the Prosecutorial Agency must notify the Investigative Agency at least 24 hours before conducting certain investigative activities regarding the time and place of such activities so that the Investigator can be assigned to coordinate and implement them; in cases where the Investigator is absent, the Investigator must notify the Prosecutor at least two hours before the Prosecutor conducts certain investigative activities.

3. The records of conducting certain investigative activities by the Prosecutor must be included in the case file.

Article 13. Notification; transfer of records regarding investigative activities

1. At least 24 hours before conducting confrontation, identification, voice recognition, and investigative reenactment, the Investigator must notify the Prosecutor of the time and place of the activity. In case the Prosecutor cannot participate, the Prosecutor must notify the Investigator of the reason at least 2 hours before the Investigator conducts the activity to be recorded in the record.

2. Immediately after the Prosecutor approves the search warrant, the Investigator shall discuss and agree with the Prosecutor on the time and place for conducting the search so that the Prosecutor can participate. In case of force majeure where the Prosecutor is absent, the Prosecutor must notify the Investigator of the reason at least 2 hours before the Investigator conducts the activity to be recorded in the record.

3. In cases where the Prosecutor does not participate in supervising the investigative activities mentioned in Clause 1 and Clause 2 of this Article, the Investigator must transfer the records and materials related to these investigative activities to the Prosecutor according to the provisions of Clause 5, Article 88 of the Criminal Procedure Code after completing the investigative activities.

Article 14. Calculation of procedural deadlines in cases of merging criminal cases, the accused committing a more serious or less serious offense, or initiating supplementary investigation for another crime

1. In cases where criminal cases are merged for investigation as provided for in Clause 1, Article 170 of the Criminal Procedure Code, the investigation period of the case and the detention period of the accused shall be calculated based on the most serious offense already initiated against the accused. The investigation period is calculated from the date of the first initiation of the case.

2. In cases where, during the investigation of a case, it is determined that the accused's actions constitute a provision with a heavier penalty range within the same article, or if a decision is made to change the indictment decision to a more serious offense under a different article, the investigation period and detention period shall be calculated based on the more serious offense but must deduct the investigation and detention periods prior to the change.

Example 1: On January 1, 2018, the Investigation Agency indicted Nguyen Van A for theft under Article 173, Clause 2 of the Penal Code (a serious offense), and applied detention measures. By January 30, 2018, based on the investigation results, it was determined that Nguyen Van A's actions constituted Article 173, Clause 3 of the Penal Code (a very serious offense). Therefore, starting from January 30, 2018, the investigation and detention periods for Nguyen Van A were calculated based on the very serious offense, deducting the previous investigation and detention period (one month).

Example 2: On January 1, 2018, the Investigation Agency indicted Nguyen Van B for intentional injury or causing harm to health under Article 134, Clause 1 of the Penal Code, and applied detention measures. On January 30, 2018, the Investigation Agency decided to change the indictment of Nguyen Van B to murder under Article 123, Clause 1 of the Penal Code. Therefore, the investigation and detention periods for Nguyen Van B were calculated based on the murder charge from January 30, 2018, deducting the previous investigation and detention period for the intentional injury or causing harm to health charge (one month).

3. In cases where a decision is made to supplement the indictment decision for another crime during the investigation of a case, the investigation period and detention period shall be calculated based on the most serious offense. The total investigation period shall not exceed the period specified in Article 172 of the Criminal Procedure Code; the total detention period shall comply with the provisions of Article 173 of the Criminal Procedure Code but shall not exceed the investigation period.

4. In cases where the indictment decision is changed from a more serious offense to a less serious offense, or where it is determined that the accused's actions constitute a provision with a lighter penalty range within the same offense, the investigation period and detention period shall be calculated based on the less serious offense. Immediately after changing the indictment decision, the Investigation Agency must discuss and agree with the Prosecutor to consider and decide on the application or revocation, replacement of preventive measures against the accused in accordance with the less serious offense.

Article 15. Application of measures to detain persons in urgent cases, arrest persons detained in urgent cases

1. When requesting the Prosecutor's Office to approve the arrest warrant for persons detained in urgent cases, the Investigative Agency must have a document clearly stating the reasons, accompanied by evidence and materials proving the grounds for detaining persons in urgent cases, specifically:

a) If detaining persons in urgent cases as provided for in point a, Clause 1, Article 110 of the Criminal Procedure Code, then the file must contain evidence and materials clearly proving the grounds to determine that such person is preparing to commit a very serious crime or a particularly serious crime;

b) If detaining persons in urgent cases as provided for in point b, Clause 1, Article 110 of the Criminal Procedure Code, then the file must contain a record of statements from co-perpetrators, victims, or witnesses who were present at the scene of the crime and confirmed that such person committed the crime, and the materials or grounds determining that such person would flee if not detained;

c) If detaining persons in urgent cases as provided for in point c, Clause 1, Article 110 of the Criminal Procedure Code, then the file must contain evidence and materials identifying traces, documents, or objects of the crime on the person or at their residence or workplace or on their means of transportation; materials or grounds determining that such person would flee or destroy evidence.

2. In cases where the Prosecutor directly meets with and questions persons detained in urgent cases to review and decide to approve or disapprove the arrest warrant for persons detained in urgent cases, the Prosecutor shall notify the Investigator or Investigative Officer to coordinate in implementing this action. The Investigator or Investigative Officer has the responsibility to coordinate with the Prosecutor in meeting and questioning persons detained in urgent cases. The record of statements of persons detained in urgent cases made by the Prosecutor must be included in the case file.

3. The decision to temporarily detain persons detained in urgent cases shall be implemented within twelve hours from when the Investigative Agency detains the person or receives the detained person (without needing the approval of the arrest warrant for persons detained in urgent cases from the Prosecutor's Office). The decision to temporarily detain persons detained in urgent cases may be issued before or together with the arrest warrant for persons detained in urgent cases.

4. After receiving the decision to approve the arrest warrant for persons detained in urgent cases, the Investigator must prepare a record of the detention of persons detained in urgent cases at the place of detention. The witness to the preparation of the record is an officer of the place of detention.

5. In cases where the Investigative Agency handling the case file requests another Investigative Agency or those specified in points b and c, Clause 2, Article 110 of the Criminal Procedure Code to cooperate in detaining persons in urgent cases, immediately after carrying out the detention, the Investigative Agency and those requested to cooperate must promptly inform the Investigative Agency that made the request to receive the detained person and related documents; while coordinating in escorting the detained person in urgent cases back to the headquarters of the Investigative Agency. Documents requesting cooperation in detaining persons in urgent cases must be included in the case file.

The Investigative Agency that issued the order to detain persons in urgent cases may fax or send an electronic copy of the order to the agency or person requested to implement the detention but must subsequently send the original to be included in the case file.

Article 16. Approval of Detention Order in Cases Where a Person Under Temporary Detention is Charged as a Suspect

1. In cases where a suspect is charged while under temporary detention, the Investigative Agency must transfer the file requesting approval for the decision to charge the suspect and the detention order to the same-level Procuracy no later than 24 hours before the expiration of the temporary detention period or its extension. Once the file has been transferred to the Procuracy for examination and approval, if there are additional evidence or materials, the Investigative Agency must immediately transfer them to the Procuracy. The examination and approval of the decision to charge the suspect will be conducted concurrently with the examination and approval of the detention order.

If the temporary detention period has not yet expired, and the Investigative Agency requests approval for the decision to charge the suspect and the detention order but lacks sufficient grounds to charge and detain the suspect, but has grounds to extend the temporary detention, the Procuracy shall require the Investigative Agency to issue a decision to extend the temporary detention and immediately send it to the Procuracy for approval. During the extended temporary detention period, the Investigative Agency must urgently collect and consolidate evidence and materials and immediately transfer them to the Procuracy for examination and approval of the decision to charge the suspect and the detention order.

2. In cases where the Procuracy does not approve the decision to charge the suspect and the detention order, it shall issue a decision to revoke the decision to charge the suspect and the decision not to approve the detention order, and request the Investigative Agency to immediately release the person under temporary detention; if the Procuracy has already approved the decision to extend the temporary detention, the Procuracy shall issue a decision to release the person under temporary detention.

3. In cases where the Procuracy finds that charging the suspect is justified but detaining the suspect is unnecessary, the Procuracy shall issue a decision to approve the decision to charge the suspect and the decision not to approve the detention order; if necessary, it may require the Investigative Agency to apply other preventive measures against the suspect.

4. The file requesting examination and approval of the decision to charge the suspect and the detention order as stipulated in Clause 1 of this Article includes:

a) A document requesting examination and approval, clearly stating the reasons, accompanied by relevant files related to detention; the detention order for the suspect;

b) The file requesting examination and approval of the decision to charge the suspect as prescribed in Clause 5 of Article 10 of this Circular.

Article 17. Calculation of Detention Period in Cases Where a Suspect Has Been Temporarily Detained and Recording of the Period in the Detention Order and Warrant for Detaining a Suspect

1. The temporary detention period is deducted from the investigation detention period. If the investigation detention continues from the temporary detention, the investigation detention period is calculated from the day following the expiration of the temporary detention period. If the investigation detention does not continue from the temporary detention, the investigation detention period is calculated from the date of arrest for detention until the end date recorded in the warrant (after deducting the number of days of temporary detention). The final time of the detention period is 24 hours 00 minutes on the last day recorded in the warrant. When calculating the temporary detention and investigation detention periods, they must be based on the actual periods recorded in the temporary detention decision, detention order, and warrant for detaining a suspect, and must be continuous, including weekends, holidays, and public holidays; one month of detention is equivalent to 30 days.

2. The recording of the period in the detention order and warrant for detaining a suspect in cases where the suspect was previously temporarily detained is carried out as follows: the detention period is calculated in days, starting from the last day of the temporary detention period or the date of arrest for detention, and ending on the last day of the detention period (after deducting the number of days of temporary detention).

Example 1: Nguyen Van A was temporarily detained for 03 days, from 10:00 AM on March 1, 2018 to 10:00 AM on March 4, 2018, then A was charged as a suspect and issued a detention order for 02 months. Therefore, the actual detention period for the suspect is 01 month and 27 days (after deducting 03 days of temporary detention). Thus, the period in the detention order and the decision approving the detention order records: detention for a period of 01 month and 27 days, from March 4, 2018 to April 29, 2018 for suspect Nguyen Van A.

Example 2: Tran Thi B was temporarily detained for 06 days, from 2:00 PM on March 5, 2018 to 2:00 PM on March 11, 2018, then preventive measures were applied to prohibit her from leaving her place of residence. On April 11, 2018, suspect B was arrested for detention for a period of 02 months. Therefore, the detention period for suspect B is 01 month and 24 days (after deducting 06 days of temporary detention). Thus, the period in the warrant for detaining a suspect and the decision approving the warrant for detaining a suspect records: detention for a period of 01 month and 24 days, from April 11, 2018 to June 3, 2018 for suspect Tran Thi B.

Article 18. Use of detention orders by Investigative Agencies and decisions to extend the duration of detention by the Prosecutor's Office during the prosecution phase

1. When concluding the investigation and transferring the case file for prosecution to the Prosecutor's Office, the Investigative Agency must notify the detention facility where the suspect is being held under detention.

2. Immediately upon receiving the case file, the Prosecutor must check the remaining duration of the suspect's detention for reporting to the Prosecutor General or Deputy Prosecutor General of the Prosecutor's Office to consider and decide as follows:

a) If the duration of detention for investigation pursuant to the detention order issued by the Investigative Agency or the decision to extend detention issued by the Prosecutor's Office still remains and is equal to or longer than the duration specified in Clause 1 of Article 240 of the Criminal Procedure Code for the crime under consideration for prosecution and it is deemed necessary to continue detaining the suspect during the prosecution phase, then the Prosecutor's Office will continue using that detention order or decision to extend detention without issuing a new detention order;

b) If the duration of detention for investigation pursuant to the detention order issued by the Investigative Agency or the decision to extend detention issued by the Prosecutor's Office still remains but is insufficient to complete the prosecution, at least five days before the end of the detention period, the Prosecutor's Office shall issue a new detention order; the remaining detention period and the new detention period shall not exceed the duration specified in Clause 1 of Article 240 of the Criminal Procedure Code for the crime under consideration for prosecution. After issuing the new detention order, the Prosecutor's Office shall immediately hand over the detention order to the suspect and the detention facility where the suspect is being held;

c) In cases involving suspects committing less serious crimes, serious crimes, and suspects committing very serious crimes, extremely serious crimes, at least five days before the end of the detention period for suspects committing less serious crimes and serious crimes, the Prosecutor must report to the Prosecutor General or Deputy Prosecutor General of the Prosecutor's Office to decide on prosecution against the suspects in the case or apply other preventive measures against suspects committing less serious crimes and serious crimes.

Article 19. Use of detention orders and decisions to extend detention when returning the case file for supplementary investigation while there is remaining detention time and detaining suspects when transferring the case for investigation and prosecution within jurisdiction

1. In cases where the Prosecutor's Office returns the case file for supplementary investigation and there is remaining detention time pursuant to a detention order issued by the Investigative Agency or a decision to extend detention issued by the Prosecutor's Office, the Investigative Agency will continue using that detention order or decision to extend detention without issuing a new detention order; if the supplementary investigation period has not yet ended and the remaining detention period pursuant to the detention order issued by the Investigative Agency or the decision to extend detention issued by the Prosecutor's Office is insufficient to complete the supplementary investigation, before the end of the detention period, extend the detention period by at least five days, the Investigative Agency shall issue a detention order and request approval from the same-level Prosecutor's Office; the detention period in this case is calculated from the day following the last day of detention recorded in the previous detention order or decision to extend detention and shall not exceed the supplementary investigation period specified in Clause 2 of Article 174 of the Criminal Procedure Code.

2. In cases of transferring the case for investigation and prosecution within jurisdiction, the detention of suspects shall be carried out as follows:

a) If there is remaining detention time for investigation pursuant to a previous detention order or decision to extend detention issued by the Investigative Agency, and the Prosecutor's Office transferring the case and considering it necessary to continue detaining the suspect, the Investigative Agency and the Prosecutor's Office accepting the case shall continue using the previous detention order or decision to extend detention without issuing a new detention order; if the remaining detention period is insufficient to conclude the investigation and it is considered necessary to continue detaining the suspect, before the end of the detention period, extend the detention period by at least five days, the Investigative Agency accepting the case shall submit a written request to the same-level Prosecutor's Office to extend detention in accordance with Article 173 of the Criminal Procedure Code;

b) If there is remaining detention time for prosecution pursuant to a previous detention order or decision to extend detention issued by the Prosecutor's Office transferring the case, and it is considered necessary to continue detaining the suspect, the Prosecutor's Office accepting the case shall continue using the previous detention order or decision to extend detention issued by the Prosecutor's Office transferring the case without issuing a new detention order; if the remaining detention period is insufficient to complete the prosecution and it is considered necessary to continue detaining the suspect, the Prosecutor's Office accepting the case shall issue a detention order against the suspect.

Article 20. Extension of application period, revocation or replacement of preventive measures during the investigation phase

1. During the investigation phase, ten days before the expiration of the preventive measure application period, the Investigative Agency must issue a document clearly stating the grounds, reasons, and requesting the Prosecutor's Office to extend the application period, revoke, or replace the preventive measures.

2. When suspending the investigation of the case or suspending the investigation against the suspect, the Investigative Agency must issue a document requesting the Prosecutor's Office to revoke all approved preventive measures, clearly stating the reasons, accompanied by evidence and materials proving the grounds for suspending the investigation of the case or suspending the investigation against the suspect.

3. The dossier for requesting extension of the application period, revocation, or replacement of preventive measures includes:

a) A request document from the Investigative Agency clearly stating the grounds and reasons for requesting the extension of the application period, revocation, or replacement of preventive measures;

b) Evidence and materials serving as the basis for the Investigative Agency to request the extension of the application period, revocation, or replacement of preventive measures.

Article 21. Application of bail measures

1. In cases where the Investigative Agency decides to grant bail to the suspect, immediately after issuing the decision to apply the bail measure, the Investigative Agency must issue a document clearly stating the reasons, accompanied by evidence and materials sent to the same-level Prosecutor's Office requesting approval.

2. The dossier for requesting approval of the bail decision includes:

a) The request document for approval and the decision to apply the bail measure;

b) A sworn statement confirmed by the head of the agency or organization accepting bail for the case where an agency or organization accepts bail for the suspect;

c) A sworn statement confirmed by the local authority where the person accepting bail resides or the agency or organization where the person accepting bail works or studies, for the case where an individual accepts bail for the suspect (must have a sworn statement from at least two guarantors);

d) A sworn statement fulfilling the obligations of the suspect granted bail according to the contents stipulated in Clause 3 of Article 121 of the Criminal Procedure Code;

đ) Evidence and materials regarding the criminal act and personal background of the suspect to determine that the nature and severity of the suspect's actions do not require the application of temporary detention measures.

3. Within three days from the date of receiving the Investigative Agency's request dossier, the same-level Prosecutor's Office must issue a decision to approve or not approve, or issue a document requesting the Investigative Agency to supplement evidence and materials to examine and approve the decision to apply the bail measure.

4. When there is evidence confirming that the suspect has violated the obligations under Clause 3 of Article 121 of the Criminal Procedure Code, the Investigative Agency must issue a document clearly stating the reasons, accompanied by materials determining the violation of the suspect and requesting the Prosecutor's Office to revoke the bail measure. The Investigative Agency must issue an arrest warrant to temporarily detain the suspect and issue a document requesting the Prosecutor's Office to approve; the detention period in this case shall not exceed the investigation period of the case.

5. If the Prosecutor's Office has evidence confirming that the suspect has violated the obligations, it must issue a document requesting the Investigative Agency to implement procedures to revoke the bail measure and apply the temporary detention measure as stipulated in Clause 4 above.

6. If the investigation has been concluded and transferred to the prosecution phase, and the Prosecutor's Office deems it necessary to continue applying the bail measure to the suspect, the Prosecutor's Office will issue a decision to apply the bail measure. The bail period shall not exceed the prosecution decision period, calculated from the day following the last day recorded in the Investigative Agency's decision on the application of the bail measure.

Article 22. Application of deposit as security measure

1. In cases where the Investigative Agency decides to allow the suspect or the close relatives of the suspect to provide a deposit as security, immediately after issuing the decision on applying the deposit as a security measure, the Investigative Agency shall issue a document clearly stating the reasons, accompanied by evidence and materials sent to the same-level Prosecution Office for approval.

2. The dossier for requesting approval of the decision on applying the deposit as a security measure includes:

a) The request for approval and the decision on applying the deposit as a security measure;

b) Evidence and materials reflecting the nature and degree of social danger of the act, personal background, and financial status of the suspect;

c) Documents confirming that the suspect or the close relatives of the suspect have provided the deposit as security;

d) A written undertaking from the suspect regarding the commitment to fulfill the obligations stipulated in Clause 2, Article 122 of the Criminal Procedure Code;

đ) A written undertaking from the close relatives of the suspect as prescribed in Clause 5, Article 122 of the Criminal Procedure Code in cases where the close relatives of the suspect provide the deposit as security.

3. Within three days from the date of receiving the Investigative Agency's request dossier, the same-level Prosecution Office must issue a decision to approve or not approve, or issue a document requesting the Investigative Agency to supplement evidence and materials for the approval of the decision on applying the deposit as a security measure.

4. When there is evidence indicating that the suspect has violated the commitment obligations stipulated in Clause 2, Article 122 of the Criminal Procedure Code, the Investigative Agency shall issue a document clearly stating the reasons, accompanied by materials determining the violation of the suspect and requesting the Prosecution Office to revoke the deposit as a security measure. The Investigative Agency must issue an arrest warrant to detain the suspect temporarily and issue a document requesting the Prosecution Office to approve; the detention period in this case shall not exceed the investigation period.

5. If the Prosecution Office has evidence indicating that the suspect has violated the commitment obligations, it shall issue a document requesting the Investigative Agency to implement procedures to revoke the deposit as a security measure and apply temporary detention as prescribed in Clause 4 of this Article.

6. If the investigation has been concluded and transferred to the prosecution phase, and the Prosecution Office deems it necessary to continue applying the deposit as a security measure against the suspect, the Prosecution Office shall issue a decision to apply the deposit as a security measure. The period for providing the deposit as a security measure shall not exceed the prosecution decision period, calculated from the day following the last day recorded in the Investigative Agency's decision on applying the deposit as a security measure.

Article 23. Application of certain preventive measures when extending the investigation period, extending the prosecution decision period

1. When extending the investigation period, extending the prosecution decision period, and if the prohibition on leaving the place of residence, suspension of departure, bail, and deposit as security measures for the suspect have expired, the Investigative Agency and the Prosecution Office shall issue new orders and decisions. The Investigative Agency shall request the Prosecution Office to approve the application of bail and the application of the deposit as a security measure before implementation. The duration of the new orders and decisions of the Investigative Agency and the Prosecution Office for the suspects shall not exceed the extended investigation period and the extended prosecution decision period.

2. If the prohibition on leaving the place of residence, suspension of departure, bail, and deposit as security measures issued by the Investigative Agency still remain and are equal to or longer than the prosecution decision period as prescribed in Clause 1, Article 240 of the Criminal Procedure Code, and it is deemed necessary to continue applying these preventive measures, the Prosecution Office shall continue using the orders and decisions of the Investigative Agency.

If the prohibition on leaving the place of residence, suspension of departure, bail, and deposit as security measures issued by the Investigative Agency still remain but are insufficient to complete the prosecution, and it is deemed necessary to continue applying these preventive measures, the Prosecution Office must issue new orders and decisions at least five days before the expiration date recorded in the orders and decisions.

Article 24. Application of temporary suspension measures with a time limit on the operation of commercial entities related to the criminal acts of such commercial entities; compelling submission of a sum of money to ensure enforcement of judgments

1. Within twenty-four hours from the date of issuing the decision on temporarily suspending the operation of a commercial entity for a certain period or the decision compelling a commercial entity to submit a sum of money to ensure enforcement of judgments, the Investigative Agency must prepare a file containing the following evidence and documents to request the approval of the same-level Public Prosecutor's Office:

a) A document requesting approval that clearly states the reasons and grounds;

b) The decision on temporarily suspending the operation of a commercial entity for a certain period or the decision compelling a commercial entity to submit a sum of money to ensure enforcement of judgments;

c) Evidence and documents proving the grounds for applying the temporary suspension measure with a time limit on the operation of a commercial entity or the decision compelling a commercial entity to submit a sum of money to ensure enforcement of judgments.

2. Within three days from the date of receiving the investigative agency's request file, the same-level Public Prosecutor's Office must issue a decision to approve or not approve or issue a document requesting the investigative agency to supplement evidence and documents to review and approve the decision on temporarily suspending the operation of a commercial entity for a certain period or the decision compelling a commercial entity to submit a sum of money to ensure enforcement of judgments.

Article 25. Decision and Approval on Applying Special Investigation Measures

1. Within twenty-four hours from the date of issuing the decision to apply special investigation measures as stipulated in Articles 223 and 224 of the Criminal Procedure Code, the head of the provincial investigative agency or the head of the military investigative agency at the military region level or higher must prepare a file to request the approval of the same-level Public Prosecutor's Office for the decision to apply special investigation measures.

2. Within three days from the date of receiving the request file from the head of the provincial investigative agency or the head of the military investigative agency at the military region level or higher, the head of the same-level Public Prosecutor's Office must issue a decision to approve or not approve or issue a document requesting the head of the provincial investigative agency or the head of the military investigative agency at the military region level or higher to supplement evidence and documents to review and approve the decision to apply special investigation measures.

3. The file requesting approval for the decision to apply special investigation measures includes:

a) A document requesting approval that clearly states the reasons and grounds for applying special investigation measures and the necessary information and documents to be collected when applying these measures;

b) The decision to apply special investigation measures issued by the head of the provincial investigative agency or the head of the military investigative agency at the military region level or higher as stipulated in Clause 2, Article 225 of the Criminal Procedure Code;

c) Other documents serving as grounds for the head of the provincial investigative agency or the head of the military investigative agency at the military region level or higher to request approval.

4. In cases where the county-level investigative agency or the military investigative agency in the area handles and investigates a case and finds it necessary and has grounds to apply special investigation measures, the head of the county-level investigative agency or the head of the military investigative agency in the area shall discuss with the head of the county-level Public Prosecutor's Office or the head of the military Public Prosecutor's Office in the area about the grounds and special investigation measures that can be applied. At the same time, the head of the county-level investigative agency or the head of the military investigative agency in the area shall attach a document to the file requesting the head of the provincial investigative agency or the head of the military investigative agency at the military region level or higher to issue a decision to apply special investigation measures. The decision to apply special investigation measures by the head of the provincial investigative agency or the head of the military investigative agency at the military region level; the time limit, procedure, and process for requesting the approval of the head of the Public Prosecutor's Office shall be carried out according to the provisions of Clause 1 above.

Article 26. Implementation of Special Investigative Measures

1. During the implementation of special investigative measures, the Head of the Provincial Investigation Agency, and the Head of the Military Investigation Agency at the military region level or higher must regularly inspect the application of special investigative measures, report collected information and materials through special investigative measures to the Prosecutor of the same-level Prosecution Office, and unify the use and handling of collected information and materials in accordance with Article 227 of the Criminal Procedure Code.

2. In cases where it is deemed necessary to extend the duration of applying special investigative measures, before the expiration of the application period for special investigative measures by 10 days, the Head of the Provincial Investigation Agency, and the Head of the Military Investigation Agency at the military region level or higher must issue a document clearly stating the reasons accompanied by evidence and materials as the basis for requesting the Prosecutor of the same-level Prosecution Office to consider and decide on the extension. Within three days from the date of receipt of the request document accompanied by evidence and materials from the Head of the Provincial Investigation Agency, and the Head of the Military Investigation Agency at the military region level or higher, the Prosecutor of the same-level Prosecution Office must issue a decision to extend or not to extend, or issue a document requesting the Head of the Provincial Investigation Agency, and the Head of the Military Investigation Agency at the military region level or higher to supplement evidence and materials to examine the extension of the duration of applying special investigative measures.

Article 27. Revocation and Termination of the Application of Special Investigative Measures

1. When it is considered unnecessary to continue applying special investigative measures, the Head of the Provincial Investigation Agency, and the Head of the Military Investigation Agency at the military region level or higher must issue a document requesting the Prosecutor who approved the decision to revoke the decision to apply special investigative measures.

2. When there is a basis to revoke the decision to apply special investigative measures according to Articles 2 and 3 of Article 228 of the Criminal Procedure Code, the Prosecutor who approved the decision must issue a decision to revoke that decision and send it to the Head of the Investigation Agency that issued the decision within 24 hours from the time of issuing the revocation decision to immediately transfer that decision to the agency implementing special investigative measures to immediately terminate the application of special investigative measures.

Article 28. Decision to Apply Summary Procedures

1. In cases where it is considered that the case meets the conditions for applying summary procedures according to Article 456 of the Criminal Procedure Code but the Investigation Agency does not issue a decision to apply summary procedures, the Prosecution Office issues a document requesting the Investigation Agency to issue a decision to apply summary procedures. Within 24 hours from the date of receipt of the request document from the Prosecution Office, the Investigation Agency must issue a decision to apply summary procedures or issue a document clearly stating the reasons for not applying summary procedures. If the Prosecution Office receives a document clearly stating the reasons for not applying summary procedures from the Investigation Agency and considers that summary procedures should be applied, the Prosecution Office will issue a decision and transfer it to the Investigation Agency for implementation.

2. In cases where it is considered that the decision to apply summary procedures by the Investigation Agency lacks grounds and violates the law, within 24 hours from the date of receipt of the decision, the Prosecution Office must issue a decision to revoke that decision.

3. During the investigation phase, if it is found that one of the conditions for applying summary procedures as stipulated in points b, c, and d of Clause 1 of Article 456 of the Criminal Procedure Code is no longer met, or the case, suspect has been temporarily suspended from investigation, the revocation of the decision to apply summary procedures shall be carried out as follows:

a) In cases where the Investigation Agency issues a decision to apply summary procedures, the Investigation Agency must issue a decision to revoke the decision to apply summary procedures; if the Investigation Agency fails to implement this, the Prosecution Office will issue a decision to revoke.

b) In cases where the Prosecution Office issues a decision to apply summary procedures, the Prosecution Office will issue a decision to revoke.

4. During the prosecution phase, if it is found that one of the conditions for applying summary procedures as stipulated in points b, c, and d of Clause 1 of Article 456 of the Criminal Procedure Code is no longer met, or the case, suspect has been temporarily suspended, the Prosecution Office will issue a decision to revoke the decision to apply summary procedures.

Article 29. Transfer of criminal cases for investigation and prosecution according to jurisdiction; consolidation and separation of criminal cases

1. Within three days from the date on which there is evidence to determine that the case does not fall within the jurisdiction of the investigating agency, the investigating agency conducting the investigation shall exchange and agree with the same-level People's Procuracy to issue a document sent to the competent investigating agency and People's Procuracy, along with the documents determining the investigative jurisdiction for exchanging information about transferring the case file for investigation according to jurisdiction. Within five days from the date of receipt of the exchange document, the competent investigating agency must exchange with the same-level People's Procuracy to issue a reply document. Depending on each case, the transfer of the case will be handled as follows:

a) In the case where the competent investigating agency agrees to accept the case file for investigation, the investigating agency conducting the investigation shall issue a document requesting the transfer of the case sent to the same-level People's Procuracy to decide on the transfer of the case according to jurisdiction;

b) In the case where the competent investigating agency disagrees to accept the case file for investigation, it must issue a document clearly stating the reasons; if the reason has no basis, the investigating agency conducting the investigation shall issue a document requesting the transfer of the case sent to the same-level People's Procuracy to decide on the transfer of the case according to jurisdiction, the competent investigating agency must accept the case file when there is a decision to transfer the case from the People's Procuracy; if the disagreement is due to a dispute over investigative jurisdiction, then the investigating agency conducting the investigation shall cooperate with the same-level People's Procuracy to report and request the superior People's Procuracy to examine and resolve the investigative jurisdiction according to Clause 3, Article 166 of the Criminal Procedure Code.

2. In the case where the People's Procuracy transfers the case for prosecution according to jurisdiction, the investigating agency shall conclude the investigation of the case and is responsible for cooperating with the People's Procuracy that has exercised public prosecution and supervised the investigation of the case to implement the requirements and decisions of the competent People's Procuracy regarding the transfer of evidence (if any) and other decisions.

3. In the case where there is a basis to consolidate or separate criminal cases according to the provisions of Article 170 and Article 242 of the Criminal Procedure Code, the investigating agency and the People's Procuracy must exchange and agree before making a decision. In the case where there is sufficient basis and conditions to consolidate or separate criminal cases but the investigating agency does not implement, the People's Procuracy shall issue a document requesting the investigating agency to make a decision to consolidate or separate criminal cases for investigation.

Article 30. Assignment of Deputy Head of Investigating Agency, Investigators, Prosecutors in the case of entrusted investigation

Upon receiving an entrusted investigation and considering that the entrusted investigative activities are complex and prolonged, the entrusted investigating agency must assign a Deputy Head of Investigating Agency and Investigators to conduct the entrusted investigations; the same-level People's Procuracy with the entrusted investigating agency must assign Prosecutors to exercise public prosecution and supervise the investigative activities of the entrusted investigating agency.

Article 31. Preparation for conclusion of investigation of a case

1. At the latest ten days for less serious and serious cases, fifteen days for very serious cases, and twenty days for particularly serious cases before concluding the investigation or the end of the investigation period, Investigators and Prosecutors must cooperate to evaluate all evidence, documents, and procedural acts of the case; if they find sufficient grounds to conclude the investigation, they must agree for the Investigator to report to the Head or Deputy Head of the Investigating Agency to conclude the investigation of the case; if further investigation is required, they must report to the Head or Deputy Head of the Investigating Agency, the Prosecutor or Deputy Prosecutor of the People's Procuracy to extend the investigation period or temporary detention of the suspect according to the provisions of the Criminal Procedure Code.

For particularly serious and complex cases, or if the Investigators and Prosecutors do not agree on the evaluation of evidence and charges, the Investigator must discuss with the Prosecutor to report to the Head of the Investigating Agency and the Prosecutor of the People's Procuracy so that the Head of the Investigating Agency and the Prosecutor of the People's Procuracy organize a meeting to evaluate the results of the investigation, direct the resolution of unresolved issues, difficulties, and obstacles, ensuring the conclusion of the investigation and resolution of the case in accordance with the law.

2. The Investigator and Prosecutor must prepare a record of the unified content of the evaluation of evidence and documents and retain the operational files of the Investigating Agency and the supervision files.

Article 32. Suspension of Investigation

1. When there is a basis for suspending the investigation, the Investigator and Prosecutor must cooperate to review evidence and materials to ensure that the suspension of the investigation is based on grounds and complies with the provisions of Articles 229 and 443 of the Criminal Procedure Code. Before issuing a decision to suspend the investigation of the case, a decision to suspend the investigation of the case against the suspect, or a decision to suspend the investigation against the suspect, the Investigative Agency must handle related issues (if any) in accordance with the Criminal Procedure Code and other relevant laws.

2. The Investigative Agency and the Office of the Prosecutor must maintain a record and manage cases and suspects whose investigations have been suspended. Investigators and Prosecutors must regularly review to unify cases and suspects whose investigations have been suspended. When the reasons for suspending the investigation no longer exist, the Investigative Agency must issue a decision to resume the investigation of the case, or to resume the investigation of the suspect. In cases where the statute of limitations for criminal prosecution has expired or due to changes in legal provisions, the act of committing a crime is no longer considered a crime, the Investigative Agency must consult with the Office of the Prosecutor before issuing a decision to terminate the investigation according to the provisions of the Criminal Procedure Code.

Article 33. Termination of Investigation

1. When there is a basis for terminating the investigation, the Investigator and Prosecutor must cooperate to review evidence and materials to ensure that the termination of the investigation is based on grounds and complies with the provisions of Articles 230 and 443 of the Criminal Procedure Code; if sufficient grounds are found, the Investigator reports to the Head or Deputy Head of the Investigative Agency to issue a decision to terminate the investigation of the case, a decision to terminate the investigation of the case against the suspect, or a decision to terminate the investigation against the suspect; if insufficient grounds are found, the Investigative Agency continues the investigation.

2. When issuing a decision to terminate the investigation of the case, a decision to terminate the investigation of the case against the suspect, or a decision to terminate the investigation against the suspect, the Investigative Agency must revoke preventive measures and coercive measures, return documents and items that were temporarily held (if any), handle evidence, and other related matters, and implement notifications and send them to the Office of the Prosecutor according to the provisions of the Criminal Procedure Code; for preventive measures and coercive measures approved by the Office of the Prosecutor, the Investigative Agency must issue a written notification for the Office of the Prosecutor to decide on revocation.

Article 34. Transfer and Handover of Minutes and Documents in Cases Specified in Clause 5, Article 88 of the Criminal Procedure Code

1. The transfer of minutes and documents regarding investigative activities from the Investigative Agency to the Office of the Prosecutor, when the Office of the Prosecutor does not directly supervise, as specified in Clause 5, Article 88 of the Criminal Procedure Code, shall be transferred directly or sent securely through postal services; in cases where due to objective obstacles, the Investigator cannot hand over the minutes and documents to the Office of the Prosecutor, they may be transferred by fax.

2. In cases of direct transfer, the date of transfer is the date of the handover minutes.

In cases of secure sending through postal services, the date of transfer is the postmark date of the sending post office; the envelope containing the minutes and documents is included in the case file. The person directly receiving the minutes and documents from the Office of the Prosecutor must check the seal; if the seal is not intact, they must immediately prepare a record confirming the condition, with confirmation from postal staff and report to the leadership of the Office of the Prosecutor, while immediately notifying the Investigative Agency to coordinate in resolving the matter. If the seal is intact but the minutes and documents are missing compared to the inventory list, a report must be made to the leadership of the Office of the Prosecutor to immediately prepare a record and notify the Investigative Agency to coordinate in resolving the matter.

In cases of transfer by fax, immediately after the objective obstacles no longer exist, the Investigator must transfer the original minutes and documents to the Office of the Prosecutor. The Prosecutor must check and compare; if the received minutes and documents match those received via fax, they must confirm that the date the Investigative Agency transferred the minutes and documents is the date the Office of the Prosecutor received the minutes and documents via fax.

3. The handover of minutes and documents must be recorded in accordance with the provisions of Article 133 of the Criminal Procedure Code.

Article 35. Statistics, stamping, and numbering of case file volumes during investigation and prosecution stages

1. The statistics and stamping of case file volumes into records and documents within the case file during the investigation stage shall be carried out as follows:

a) Before transferring to the Prosecutor's Office the records and documents on investigative activities that the Prosecutor's Office does not directly supervise, the investigative records for the Prosecutor's Office to inspect the establishment of the case file or the file requesting the Prosecutor's Office to approve orders, decisions of the Investigative Agency, the Investigator must fully record the names of the records and documents, note the serial number in the record statistics, and stamp the Investigative Agency's case file volume (but without numbering the case file volume) at the top right corner of each page of the records and documents;

b) The Prosecutor stamps the Prosecutor's Office's case file volume (without numbering the case file volume) at the bottom right corner of each page of the records and documents specified in point a of this clause and the records and documents collected by the Prosecutor during the investigation before transferring them to the Investigative Agency.

2. The statistics, numbering, and stamping of case file volumes of records and documents in the case file upon completion of the investigation and during the prosecution stage shall be carried out as follows:

a) Upon completion of the investigation, all records and documents collected during the prosecution and investigation process by the Investigator and Prosecutor must be included in the case file according to the correct procedural sequence. The Investigator stamps the Investigative Agency's case file volume at the top right corner of each page of the records and documents within the case file, numbers the case file volume once, and prepares a complete statistics table of the records and documents in order from 01 to the end. During the stamping and numbering process, if there is any mistake or erasure of the case file volume, the Investigator must compile, sign to confirm on the statistics table of the records and documents, and provide a report explaining the reasons for the mistake or erasure of the case file volume; the Investigator's explanation report is included in the case file;

b) During the prosecution stage, the records and documents collected by the Prosecutor must be included in the case file, stamped at the top right corner of each page of the records and documents, and numbered sequentially following the case file volume number in the case file transferred by the Investigator; the order of the case file volume in the case file cannot be changed. During the stamping and numbering process, if there is any mistake or erasure of the case file volume, the Prosecutor must compile, sign to confirm on the statistics table of the records and documents, and provide a report explaining the reasons for the mistake or erasure of the case file volume; the Prosecutor's explanation report is included in the case file.

Article 36. Transfer of case files upon completion of investigation and evidence

1. The Investigator or Investigative Officer directly transfers the case file and evidence (if any) to the same-level Prosecutor's Office. The transfer of the case file is carried out in accordance with the provisions of Article 238 of the Criminal Procedure Code.

2. The procedure for transferring evidence between the Investigative Agency and the Prosecutor's Office is carried out as follows:

a) Evidence accompanying the case file is evidence numbered and included in the case file and transferred together with the case file;

b) For evidence not accompanying the case file, when making a decision to prosecute, the Prosecutor issues a decision to transfer the evidence to the civil enforcement agency at the same level where the court with jurisdiction over the case is located. Within two days from the date of receipt of the evidence transfer decision from the Prosecutor's Office, the Investigative Agency is responsible for completing the procedures for transferring the evidence to the civil enforcement agency according to the evidence transfer decision of the Prosecutor's Office; after the transfer of evidence, the Investigative Agency transfers the handover record and related documents regarding the transfer of evidence to the Prosecutor's Office to include in the case file.

Article 37. Application of certain provisions of the Joint Circular in the relationship of coordination between agencies assigned to carry out some investigative activities of the People's Public Security, in the People's Army, Investigative Agency and the Prosecution.

1. In cases where the head of the agency assigned to carry out some investigative activities of the People's Public Security, in the People's Army changes or revokes a decision without basis and contrary to the law made by the deputy, or changes the deputy's actions in criminal case investigation, such actions shall be carried out as provided for in Articles 4 and 5 of this Joint Circular.

2. After issuing a decision to initiate a criminal case or a decision not to initiate a criminal case, or applying preventive measures within their authority, the agency assigned to carry out some investigative activities of the People's Public Security, in the People's Army must immediately send those decisions to the competent Prosecution for prosecution to handle as provided for in Articles 7 and 15 of this Joint Circular. In cases where the agency assigned to carry out some investigative activities of the People's Public Security, in the People's Army revokes a decision not to initiate a criminal case, the competent Prosecution for prosecution shall issue a decision to initiate a criminal case and request that agency to transfer all related documents to the competent Investigative Agency to conduct an investigation.

3. The dossier requesting the Prosecution to approve the arrest warrant of the person in charge as stipulated at points b and c, Clause 2, Article 110 of the Criminal Procedure Code and the approval of the decision to indict a suspect by the agency assigned to carry out some investigative activities of the People's Public Security, in the People's Army shall be implemented according to the provisions of Articles 10 and 15 of this Joint Circular.

4. The stamping of the case file, numbering the case file, transferring the case file and evidence of the case to the Prosecution or to the competent Investigative Agency by the agency assigned to carry out some investigative activities of the People's Public Security, in the People's Army shall be carried out according to the provisions of Articles 34, 35 and 36 of this Joint Circular.

Article 38. Effective Date

This Joint Circular takes effect from December 10, 2018, replacing Joint Circular No. 05/2005/TTLT-VKSNDTC-BCA-BQP dated September 7, 2005 of the Supreme People's Procuracy, Ministry of Public Security, and Ministry of National Defense on the relationship of coordination between the Investigative Agency and the Prosecution in implementing certain provisions of the Criminal Procedure Code 2003.

Article 39. Implementation Organization

During the implementation of this Joint Circular, if there are difficulties or issues requiring guidance or supplementation, they should be promptly reflected to the Supreme People's Procuracy for consolidation and coordination with the Ministry of Public Security and the Ministry of National Defense to examine and resolve.