Joint Circular 04/2025/TTLT-BCA-VKSNDTC-TANDTC stipulates the coordination among competent authorities in criminal proceedings, management, enforcement of temporary detention, pre-trial detention, and criminal execution issued by the Ministry of Public Security - Supreme People's Procuracy - Supreme People's Court

JOINT CIRCULAR

REGULATIONS ON COOPERATION AMONG AUTHORITIES WITH JURISDICTION IN CRIMINAL PROCEDURE ACTIVITIES, MANAGEMENT, TEMPORARY DETENTION, ARREST AND ENFORCEMENT OF CRIMINAL SENTENCES

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

Based on the Criminal Procedure Code 2015 (amended and supplemented in 2021, 2025);

The Minister of Public Security, the Prosecutor General of the Supreme People's Procuracy, and the President of the Supreme People's Court issue this Joint Circular to regulate cooperation among authorities with jurisdiction in criminal procedure activities, management, temporary detention, arrest and enforcement of criminal sentences.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Joint Circular regulates cooperation among authorities with jurisdiction in receiving and handling information about crimes, initiating prosecution, investigation, prosecution, trial; management, enforcement of temporary detention, arrest and enforcement of criminal sentences.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Police stations of communes, wards, special administrative regions (hereinafter referred to as commune-level police stations), police posts; Investigation agencies, agencies managing and enforcing temporary detention, arrest and agencies managing and enforcing criminal sentences of the People's Public Security;

b) People's Procuracy;

c) People's Courts;

d) Authorities with jurisdiction stipulated in points a, b and c of this Clause;

đ) Other agencies, organizations, individuals related to the matter;

Article 2. Application of Law

1. The reception and handling of information about crimes, initiation of prosecution, and investigation by the Investigation Agency of the People's Public Security shall be carried out in accordance with the provisions of this Joint Circular and the provisions of other regulatory legal documents issued before the effective date of this Joint Circular, provided that they do not conflict with the provisions of this Joint Circular.

2. Management, enforcement of temporary detention, arrest, and criminal sentences, and supervision of enforcement of temporary detention, arrest, and criminal sentences shall be carried out in accordance with the provisions of this Joint Circular and the provisions of other regulatory legal documents issued before the effective date of this Joint Circular, provided that they do not conflict with the provisions of this Joint Circular.

Article 3. Transmission of Criminal Procedure Documents, Documents in Temporary Detention, Arrest Enforcement, and Criminal Sentence Enforcement

Agencies issuing orders, decisions, notifications, judgments, and other documents in criminal procedures, temporary detention, arrest enforcement, and criminal sentence enforcement must transmit them to the competent authority responsible for enforcement according to the provisions of this Joint Circular and the provisions of other regulatory legal documents issued before the effective date of this Joint Circular, provided that they do not conflict with the provisions of this Joint Circular.

Chapter II COOPERATION IN THE RECEIPT AND HANDLING OF INFORMATION ABOUT CRIMES, INITIATION OF PROSECUTION, INVESTIGATION, AND RESOLUTION OF COMPLAINTS AND ACCUSATIONS

Article 4. Organization of the Investigation Agency of the People's Public Security

The Investigation Agency of the People's Public Security includes:

1. The Investigation Agency of the Ministry of Public Security.

2. The Investigation Agency of the Public Security of provinces, cities (hereinafter referred to as provincial level).

Article 5. Competence to accept, handle information on criminal offenses, initiate and investigate criminal cases of the Criminal Police Department of the People's Public Security

1. The competence of the Criminal Police Department of the Ministry of Public Security to accept, handle information on criminal offenses, initiate and investigate criminal cases shall be implemented in accordance with the provisions of the law.

2. The Criminal Police Department of the provincial-level public security organ has the authority to accept, handle information on criminal offenses, initiate and investigate criminal cases concerning crimes stipulated from Chapter XIV to Chapter XXIV of the Penal Code when such crimes fall within the jurisdiction of the People's Court at the region level or the provincial-level People's Court, except for crimes under the investigation authority of the Investigation Agency of the Supreme People's Procuratorate and the National Security Investigation Agency of the People's Public Security.

3. The Criminal Police Department of the provincial-level public security organ shall take the lead and coordinate with the People's Procuratorate at the region level to guide and inspect the implementation of preliminary examination and verification activities of complaints and reports about criminal offenses by the public security station at the commune level and the police post; guide the exercise of authority of mid-level investigators and senior investigators who are the heads or deputy heads of the public security station at the commune level.

Article 6. Delegation and assignment by the head of the provincial-level public security investigation agency to senior investigators and mid-level investigators who are the heads or deputy heads of the public security station at the commune level

1. The head of the Criminal Police Department of the provincial-level public security organ may only delegate or assign mid-level investigators and senior investigators who are the heads of the public security station at the commune level; in case the mid-level investigator or senior investigator who is the head of the public security station at the commune level is absent, or if the public security station at the commune level does not have a mid-level investigator or senior investigator who is the head, then it may delegate or assign mid-level investigators and senior investigators who are the deputy heads of the public security station at the commune level (hereinafter referred to as mid-level or senior investigators who are the heads of the public security station at the commune level) to handle information on criminal offenses, initiate and investigate criminal cases concerning less serious and serious crimes occurring within the commune.

2. The head of the Criminal Police Department of the provincial-level public security organ may delegate mid-level or senior investigators who are the heads of the public security station at the commune level to carry out all or one of the following activities regarding less serious and serious crimes occurring within the commune:

a) Request forensic examination of narcotics in cases related to drug-related offenses; request forensic examination and valuation of property in traffic accidents, intentional infliction of injury, theft, and destruction or intentional damage to property;

b) Detain persons in urgent situations;

c) Arrest persons detained in urgent situations;

d) Temporarily detain persons;

đ) Examine crime scenes;

e) Search premises, search in urgent situations.

3. The delegation document provided for in Clause 2 of this Article must be immediately sent to the competent People's Procuratorate.

4. The head of the Criminal Police Department of the provincial-level public security organ or the deputy head of the Criminal Police Department of the provincial-level public security organ delegated by the head of the Criminal Police Department of the provincial-level public security organ (hereinafter referred to as the head of the Criminal Police Department or the deputy head delegated) may assign mid-level or senior investigators who are the heads of the public security station at the commune level to handle information on criminal offenses, initiate and investigate criminal cases concerning less serious and serious crimes occurring within the commune.

5. Based on actual circumstances, the head of the Criminal Police Department of the provincial-level public security organ decides on the delegation provided for in Clause 2 of this Article; the head of the Criminal Police Department (or the deputy head delegated) decides on the assignment provided for in Clause 4 of this Article.

6. For information on criminal offenses and criminal cases concerning less serious and serious crimes occurring across multiple communes, wards, or special administrative regions, the head of the Criminal Police Department (or the deputy head delegated) may assign a mid-level or senior investigator who is the head of the public security station at one of the communes, wards, or special administrative regions where the crime occurred to handle information on criminal offenses and initiate and investigate criminal cases. In this case, the mid-level or senior investigator who is the head of the public security station at the commune shall perform duties and powers as stipulated in Clause 1a of Article 37 of the Criminal Procedure Code.

7. When exercising the authority provided for in this Article, the mid-level or senior investigator who is the head of the public security station at the commune shall use the seal of the Criminal Police Department of the provincial-level public security organ and sign "by delegation" of the head of the Criminal Police Department of the provincial-level public security organ.

Article 7. Competence to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation of criminal proceedings, investigation, prosecution of criminal cases; resolution and supervision of the resolution of complaints and denunciations in the receipt and handling of information on criminal offenses, initiation, and investigation of criminal cases.

Clause 1. The competence of the People's Procuracy to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation, and investigation of criminal cases; resolution and supervision of the resolution of complaints and denunciations in the receipt and handling of information on criminal offenses, initiation, and investigation of criminal cases for the Criminal Police Department under the Ministry of Public Security shall be implemented in accordance with the provisions of the law.

Clause 2. The competence of the People's Procuracy to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation, and investigation of criminal cases; resolution and supervision of the resolution of complaints and denunciations in the receipt and handling of information on criminal offenses, initiation, and investigation of criminal cases for the Criminal Police Department under the provincial-level Public Security Organs shall be carried out as follows:

Point a. The People's Procuracy in the area with the authority to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation, investigation, and prosecution of criminal cases involving less serious crimes, serious crimes, and very serious crimes handled and resolved by the Criminal Police Department under the provincial-level Public Security Organs and within the jurisdiction of the first-instance trial of the People's Court in that area.

During the process of exercising public prosecution rights and supervising the resolution of cases, if discovering cases belonging to the jurisdiction of another People's Procuracy in the same province or city, the People's Procuracy currently handling the case shall issue a decision to transfer the case. In cases where the case falls under the jurisdiction of the provincial-level People's Procuracy, the People's Procuracy currently handling the case shall report to the provincial-level People's Procuracy and issue a decision to transfer the case to the provincial-level People's Procuracy for resolution. If the case falls under the jurisdiction of another People's Procuracy outside the province or city or under the jurisdiction of another provincial-level People's Procuracy, the People's Procuracy currently handling the case shall report to the provincial-level People's Procuracy to issue a decision to transfer the case according to the provisions of Clause 2, Article 169 of the Criminal Procedure Code.

The People's Procuracy in the area with the authority to exercise public prosecution rights, supervise the receipt, classification, and handling of information on criminal offenses provided by the commune-level Public Security Organs, the performance of duties and powers of the Investigator who is the Head of the Commune-level Public Security Organ according to Article 37 of the Criminal Procedure Code, and the activities of the Investigator and Investigative Officer assigned by the Criminal Police Department under the provincial-level Public Security Organs to the Commune-level Public Security Organs.

The People's Procuracy in the area with the authority is the People's Procuracy where the crime occurred; in cases where the crime occurred at multiple locations or the location cannot be determined, the People's Procuracy in the area with the authority is the People's Procuracy where the crime was discovered, where the suspect resides, or where the suspect was apprehended.

Point b. The provincial-level People's Procuracy has the authority to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation, investigation, and prosecution of criminal cases involving extremely serious crimes handled and resolved by the Criminal Police Department under the provincial-level Public Security Organs.

In cases where the criminal case is handled by the provincial-level People's Procuracy for the exercise of public prosecution rights and supervision of the initiation and investigation but falls under the jurisdiction of the first-instance trial of the People's Court in the area, at least two months before the end of the investigation, the provincial-level People's Procuracy shall notify the People's Procuracy at the same level as the People's Court with the authority for the first-instance trial to assign a Prosecutor to participate. Immediately after issuing the indictment decision, the provincial-level People's Procuracy shall decide to delegate the People's Procuracy at the same level as the People's Court with the authority for the first-instance trial to exercise public prosecution rights and supervise the trial. After receiving the case file along with the indictment from the provincial-level People's Procuracy, the People's Procuracy delegated to exercise public prosecution rights and supervise the trial shall act in accordance with the regulations.

Point c. The People's Procuracy currently exercising public prosecution rights and supervising the receipt and handling of information on criminal offenses has the right to directly handle information on criminal offenses in the cases specified in point c, Clause 3, Article 145 of the Criminal Procedure Code.

Point d. The People's Procuracy currently exercising public prosecution rights and supervising the initiation, investigation, and prosecution of criminal cases has the right to directly conduct certain investigative activities in the cases specified in Clause 7, Article 165 and Clause 3, Article 236 of the Criminal Procedure Code.

Point đ. The People's Procuracy currently exercising public prosecution rights and supervising the receipt and handling of information on criminal offenses, initiation, and investigation of criminal cases has the authority to resolve and supervise the resolution of complaints and denunciations against the Criminal Police Department under the provincial-level Public Security Organs in their activities of receiving and handling information on criminal offenses, initiating, and investigating criminal cases.

Article 8. Review, assignment for receiving and further processing cases temporarily suspended by the Provincial Police Investigation Agency

1. The Provincial Police Investigation Agency shall organize a comprehensive review of all cases temporarily suspended. If they fall under the circumstances specified in Clause 4, Article 6 of this Joint Circular, the case files (including evidence and related documents) may be transferred to the Investigator who is the Head of the Commune Police Station to receive, manage, and continue processing according to the regulations.

2. The head of the Provincial Police Investigation Agency shall implement the provisions of Clause 1 of this Article based on the actual situation. The transfer of case files as stipulated in Clause 1 of this Article must be immediately notified to the competent People's Procuracy.

Chapter III COOPERATION IN THE ENFORCEMENT OF TEMPORARY DETENTION, TEMPORARY IMPRISONMENT, AND CRIMINAL SENTENCES

Article 9. Organizations and agencies managing temporary detention and temporary imprisonment of the People's Public Security

1. Agencies managing temporary detention and temporary imprisonment include:

a) The agency managing temporary detention and temporary imprisonment of the Ministry of Public Security;

b) The agency managing temporary detention and temporary imprisonment of the provincial public security.

2. Agencies enforcing temporary detention and temporary imprisonment include:

a) Detention centers under the Ministry of Public Security;

b) Detention facilities of the provincial public security including: detention centers; sub-detention centers within detention centers.

3. Detention facilities have heads and deputy heads. The head of the detention facility includes the warden of the detention center and the head of the sub-detention center. The deputy head of the detention facility includes the deputy warden of the detention center and the deputy head of the sub-detention center.

Article 10. Duties and powers of agencies managing and enforcing temporary detention and temporary imprisonment of the People's Public Security

1. The duties and powers of agencies managing and enforcing temporary detention and temporary imprisonment of the Ministry of Public Security shall be implemented in accordance with the provisions of the law.

2. The duties and powers of detention facilities, heads, and deputy heads of detention facilities of the provincial public security:

a) Detention facilities shall perform their duties and powers as prescribed in Clause 1 and Clause 2 of Article 13 of the Law on Enforcement of Temporary Detention and Temporary Imprisonment;

b) Heads and deputy heads of detention facilities shall perform their duties and powers as prescribed in Clause 3 and Clause 4 of Article 13 of the Law on Enforcement of Temporary Detention and Temporary Imprisonment;

c) The head of the sub-detention center shall be responsible for assisting the warden of the detention center according to the division of labor or delegation of authority by the warden of the detention center and shall be responsible within the scope of the assigned tasks;

d) Sub-detention centers may use the seal of the sub-detention center when performing their duties and powers in management and enforcement of temporary detention and temporary imprisonment.

Article 11. Organization of agencies managing criminal sentence enforcement, agencies enforcing criminal sentences, and agencies entrusted with some tasks of criminal sentence enforcement of the People's Public Security and Commune People's Committees

1. The agency managing criminal sentence enforcement of the Ministry of Public Security.

2. Agencies enforcing criminal sentences, including:

a) Prisons under the Ministry of Public Security;

b) Criminal sentence enforcement agencies of the provincial public security.

3. Agencies entrusted with some tasks of criminal sentence enforcement, including:

a) Detention centers under the Ministry of Public Security;

b) Detention centers of the provincial public security; sub-detention centers within detention centers of the provincial public security;

c) Commune People's Committees;

d) Commune Public Security Agencies.

Article 12. Duties and powers of agencies managing and enforcing criminal sentences, and agencies entrusted with some tasks of criminal sentence enforcement of the People's Public Security and Commune People's Committees in the enforcement of criminal sentences

1. The duties and powers of agencies managing and enforcing criminal sentences under the Ministry of Public Security shall be implemented in accordance with the provisions of the law.

2. Criminal sentence enforcement agencies of the provincial public security shall perform their duties and powers as prescribed in Article 14; Point a and Point b Clause 1, Clauses 2, 3, 4, 7, 8, 9, 10, 11, and 12 of Article 16 of the Law on Criminal Sentence Enforcement.

3. Detention centers and sub-detention centers within detention centers of the provincial public security shall perform their duties and powers as prescribed in Article 18 of the Law on Criminal Sentence Enforcement. Sub-detention centers within detention centers of the provincial public security directly manage the number of prisoners serving temporary detention and temporary imprisonment at sub-detention centers within detention centers; serve the decision on enforcement of sentences to persons sentenced to imprisonment at sub-detention centers within detention centers and report to the criminal sentence enforcement agency of the provincial public security; receive persons sentenced to imprisonment who are currently outside prison, suspended, or temporarily suspended from serving their sentences, persons required to serve their sentences under suspended sentences, and persons whose conditional early release decisions have been revoked to go to serve their sentences and report to the criminal sentence enforcement agency of the provincial public security.

4. Duties and powers of Commune People's Committees:

a) Manage, supervise, and educate persons enjoying suspended sentences, persons serving non-custodial corrective punishment, residence prohibition, prohibition from holding certain positions, prohibition from practicing certain professions or engaging in certain activities, deprivation of certain civil rights, persons whose sentences have been suspended or temporarily suspended, persons conditionally released early, and persons serving community-based sentences;

b) In cases where persons serving sentences die, the commune people's committee where the person serving the sentence resides or where the person died shall be responsible for cooperating with the agency managing persons serving sentences to complete the death registration procedures in accordance with the law; send copies of the death registration to the competent criminal sentence enforcement agency;

c) Perform other duties and powers as prescribed by law.

5. Duties and powers of Commune Public Security Agencies:

a) Advise and directly assist the Commune People's Committee in managing, supervising, and educating persons enjoying suspended sentences, persons serving non-custodial corrective punishment, residence prohibition, prohibition from holding certain positions, prohibition from practicing certain professions or engaging in certain activities, deprivation of certain civil rights, persons whose sentences have been suspended or temporarily suspended, persons conditionally released early, and persons serving community-based sentences;

b) Prepare reports and submit them to the criminal sentence enforcement agency of the provincial public security when discovering violations of the law by persons serving sentences in the community;

c) Escort persons sentenced to imprisonment who are currently outside prison, suspended, or temporarily suspended from serving their sentences, persons required to serve their sentences under suspended sentences, and persons whose conditional early release decisions have been revoked to detention centers or sub-detention centers within detention centers to complete the necessary enforcement procedures;

d) Perform other duties and powers as prescribed by law.

Article 13. Supervisory Authority over the Execution of Pre-Trial Detention, Custody, and Criminal Sentences

1. The Supreme People's Procuracy shall exercise supervisory authority over the execution of pre-trial detention, custody, and criminal sentences in accordance with the provisions of the law.

2. The People's Procuracy at the provincial level shall exercise the following supervisory authorities:

a) Supervise the execution of pre-trial detention, custody, and imprisonment sentences at the provincial police detention center; supervise the execution of imprisonment sentences at prisons located within its jurisdiction; supervise the execution of criminal sentences at the criminal enforcement agencies of the provincial police; supervise the execution of deportation penalties at detention facilities;

b) When deemed necessary, directly supervise the execution of pre-trial detention, custody, and imprisonment sentences at sub-detention centers of the provincial police detention center; supervise the execution of criminal sentences at the People's Committee at the commune level, the commune-level police, and organizations entrusted with certain criminal enforcement tasks within the province;

c) When assigned by the Supreme People's Procuracy, the People's Procuracy at the provincial level shall carry out certain supervisory activities over the execution of pre-trial detention, custody, and criminal sentences within the authority of the Supreme People's Procuracy;

d) Supervise the activities of the execution of criminal sentences by the People's Court at the provincial level in accordance with the provisions of the law;

đ) Receive and resolve complaints and denunciations regarding the management and execution of pre-trial detention, custody, and the education of offenders; supervise the resolution of complaints and denunciations in the execution of criminal sentences by the People's Court at the provincial level, relevant agencies, organizations, and individuals;

3. The People's Procuracy in the region shall exercise the following supervisory authorities:

a) Supervise the execution of pre-trial detention, custody, and imprisonment sentences at sub-detention centers of the provincial police detention center located within its jurisdiction; supervise the execution of criminal sentences by the People's Committee at the commune level, the commune-level police, and organizations entrusted with certain criminal enforcement tasks within the region under the authority of the People's Procuracy in the region;

b) When assigned by the superior People's Procuracy, the People's Procuracy in the region shall carry out certain supervisory activities over the execution of pre-trial detention, custody, and criminal sentences within the authority of the superior People's Procuracy;

c) Supervise the activities of the execution of criminal sentences by the People's Court in the region in accordance with the provisions of the law;

d) Receive and resolve complaints and denunciations regarding the management and execution of pre-trial detention, custody, and the education of offenders; supervise the resolution of complaints and denunciations in the execution of criminal sentences by the People's Court in the region, relevant agencies, organizations, and individuals;

Article 14. Tasks and Authorities of the Courts in the Execution of Criminal Sentences

1. The Supreme People's Court shall perform tasks and exercise authorities in the execution of criminal sentences in accordance with the provisions of the law.

2. The People's Court at the provincial level shall perform the following tasks and exercise the following authorities:

a) Issue decisions to execute sentences, review and decide to postpone the execution of imprisonment sentences; reduce the term of imprisonment, exempt from serving the imprisonment sentence, release on parole subject to conditions, shorten the probation period for those released on parole, revoke the decision to release on parole, establish a panel to execute capital punishment, resolve cases of accepting corpses, ashes, and remains of those executed by capital punishment;

b) Perform other tasks and exercise other authorities in the execution of criminal sentences in accordance with the provisions of the law.

3. The People's Court in the region shall perform the following tasks and exercise the following authorities:

a) Issue decisions to execute sentences, review and decide to postpone the execution of imprisonment sentences, temporarily suspend the execution of imprisonment sentences, request forensic medical and psychiatric examinations of prisoners, apply compulsory medical treatment measures for those serving imprisonment sentences, shorten the probation period for those granted suspended sentences, compel those granted suspended sentences to serve the imprisonment sentence of the original judgment, reduce the term of community service; exempt from serving the remaining term of community service; exempt from serving the remaining term of restriction of residence; exempt from serving the remaining term of surveillance.

b) Perform other tasks and exercise other authorities in the execution of criminal sentences in accordance with the provisions of the law.

Chapter IV IMPLEMENTATION PROVISIONS

Article 15. Effective Date

1. This Circular shall take effect from July 1, 2025, and replace Circular Joint No. 02/2025/TTLT-BCA-VKSNDTC-TANDTC dated February 27, 2025, issued by the Minister of Public Security, the Prosecutor General of the Supreme People's Procuracy, and the President of the Supreme People's Court on coordination among competent authorities in criminal proceedings, management, enforcement of temporary detention, and criminal sentences when not organizing county-level public security agencies.

2. In cases where provincial people's courts have accepted, examined, and decided to temporarily suspend the execution of prison sentences, requested forensic medical examinations, and forensic psychiatric examinations for prisoners, or applied compulsory medical treatment measures for persons serving prison sentences, and such cases have not been resolved by July 1, 2025, then the provincial people's courts shall continue to resolve them.

Article 16. Implementation Organization

1. The Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court shall be responsible for organizing the implementation of this Circular Joint.

2. During the implementation of this Circular Joint, if there are any difficulties or issues that require guidance or supplementation, they shall be promptly reported to the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court for guidance.