Decree No. 04/2026/TTLT-BCA-BQP Jointly Issued by the Ministry of Public Security, Ministry of Defense, Supreme People's Procuratorate, and Supreme People's Court on Detailed Implementation of Clause 5 of Article 131 and Clause 3 of Article 132, and Article 141 of the Criminal Procedure Code

 

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JOINT REGULATIONS

PROVIDING FORIMPLEMENTATION DETAILS OF Clause 5 Article 131, Clauses 3 and 14 Criminal Procedure Code 131,

Based on the Criminal Procedure Code No. 101/2015/QH13;1 which has been amended and supplemented in some provisions according to

 

Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, and Law No. 99/2025/QH15 Based on the Law on Issuing Normative Legal Documents No. 64/2025/QH15 which has been amended and supplemented in some provisions according to Law No. 87/2025/QH15 Based on the Data Protection Law No.;

60/2024/QH15;;

Based on the Electronic Transactions Law No. 20/2023/QH15 Based on the Digital Transformation Law

No. 148/2025/QH15;;

The Minister of Public Security, Minister of Defense Supreme People's Procurator General, Chief Justice

issueJoint Regulations providing for implementation details of Clause 5 of Article 131, Clauses 3 and 14 of the Criminal Procedure Code., Chapter I GENERAL PROVISIONS Article 1. Scope of Application These joint regulations provide for the following:1 1. The signing of legal documents, digitization of case files; requirements of specialized software and case file databases; notification of legal documents through mass media, digital platforms, common application software deployed at national data centers, portals, or official websites of competent authorities in accordance with Clause 5 of Article 131, Clauses 3 and 14 of the Criminal Procedure Code.

2. The signing of legal documents and digitization of case files (including incident and case files) are carried out during the receipt, preliminary verification of reports of criminal offenses, handling of sources of information on crimes, investigation, prosecution, trial of criminal cases (hereinafter referred to as the stages of filing, investigation, prosecution, and trial).

3. The transfer, delivery, acceptance, sending, notification, execution of legal documents using digital signatures and electronic case files in a digital environment are carried out during the stages of filing, investigation, prosecution, trial, and enforcement of criminal cases.

Article 2. Applicability

1. Competent authorities for criminal proceedings.

2. Police stations at commune, ward, special zone levels (hereinafter referred to as police at the grassroots level), police posts.

3. Persons with authority of the competent authorities specified in Clauses 1 and 2 of this Article (hereinafter referred to as persons with authority).

4. Participants in criminal proceedings, relatives of participants in criminal proceedings (hereinafter referred to as participants in criminal proceedings).

5. Authorities managing temporary detention and custody, and authorities managing enforcement of criminal penalties.

6. Relevant agencies, organizations, individuals.

Article 3. Interpretation of Terms

1. The digital platform used for notifying legal documents as provided in these joint regulations includes:

a) Official websites and information portals of the competent authorities for criminal proceedings;

b) E-government portal and administrative procedures systems of state agencies; ministries, departments;

c) National Electronic Identity (VneID);

d) Other digital platforms that meet all requirements for protecting national security, cybersecurity, information security, and personal data protection.

2. Specialized software is electronic software designed, developed, managed, and used independently by ministries and agencies, integrated on the basis of case file databases to serve signing, digitization of case files, and used throughout the stages of filing, investigation, prosecution, trial, and enforcement of criminal cases. Specialized software is connected, shared, and interoperable between grassroots police, police posts, competent authorities for criminal proceedings, custody management authorities, and enforcement of criminal penalties.

3. Case file database is a system that collects information, documents, data according to data structures, common standards, to manage, retrieve, interconnect, and exploit data among national databases, specialized databases, and information systems and the National Data Center. The case file database is initialized, converted, integrated on specialized software as per regulations in Article 18 of these joint regulations.

4. Digitization of case files refers to establishing electronic case files from the outset using specialized software; converting written legal documents and other evidentiary materials into electronic data during the process of establishing an electronic case file; converting paper case files into electronic case files.

5. Electronic case file is a collection of electronic data expressed as electronic legal documents, information, data, evidence that are collected, established, stored, and signed in accordance with regulations, having legal value equivalent to paper files. An electronic case file includes: Case incident and case files established during preliminary verification, receipt of reports on criminal offenses, handling sources of information on crimes, and the stages of filing, investigation.

6. Common application software deployed at national data centers is a system of software, digital platforms built, managed, and operated uniformly by state agencies with authority on the infrastructure of the National Data Center to provide various digital functions and services for activities of political system agencies; ensuring connectivity, sharing, processing of data, management of case files, and supporting criminal proceedings.

7. Public announcement without result refers to a situation where competent authorities have fulfilled the public announcement requirements but after the expiration of the announcement period, the notified party does not contact or respond.

4. Digitization of case files is the process of establishing electronic case files from the outset using specialized software; converting procedural documents and other documentary evidence already created in paper form during the establishment of an electronic case file into electronic data; and converting existing paper case files into electronic case files.

5. An electronic case file is a collection of electronic data expressed as electronic procedural documents, information, data, and electronic evidence collected, established, stored, and signed in accordance with regulations, having legal value equivalent to a paper file. An electronic case file includes: Case and criminal case files established during preliminary investigation, verification of reports or tips on crimes, handling sources of crime information, and the stage of filing and investigation.

6. The commonly used application software deployed at the national data center is a system of software and digital platforms developed, managed, and operated uniformly on the infrastructure of the national data center by an authorized state agency to provide digital functions and services for the activities of political system agencies; ensuring connectivity, sharing, processing of data, management of case files, and supporting criminal procedural activities.

7. Public disclosure without result refers to a situation where the competent authority has carried out public disclosure in accordance with regulations but, upon expiration of the disclosure period, the person notified does not contact or provide feedback.

Article 4. Principles of Implementation

1. The implementation of digital signatures on legal documents and other forms of non-electronic signature for participants in litigation, as well as digitizing case files during the investigation, prosecution, trial stages of criminal cases, must ensure proper authority, authenticity, integrity, completeness, accuracy, and activity logging; ensuring the ability to deny; being linked with a unique identifier code for each case file to manage uniformly and continuously in criminal proceedings activities; complying with regulations on digital signatures, document storage, and provisions of this joint circular.

2. The issuance, transfer, receipt, transmission, execution, notification of legal documents using digital signatures, electronic case files, and electronic data between specialized software integrated based on the case file database must be carried out in accordance with authority regulations, implementation procedures, e-commerce laws, and provisions of this joint circular.

3. The connection, sharing, and interoperability of data must ensure uniformity in format, data standards, and connection protocols; ensuring the ability to read, understand, and process between different systems; ensuring the implementation procedure, legal value, and integrity of data, legal documents, and electronic case files during transmission, receipt, clearly defining responsibilities without affecting the independence of activities of agencies.

4. The exploitation and use of data must be in accordance with authority, purpose, identified, authenticated, and authorized with full recording in system logs; ensuring information security, cybersecurity, and protecting data; complying with technical standards for information security and personal data protection regulations. No unauthorized copying or providing data outside the scope of litigation activities; extraction and sharing must be approved by competent authorities and fully logged in the system.

5. The notification of legal documents on mass media platforms, through digital platforms, applications deployed at national data centers, portals, or official websites of competent agencies must ensure legality, accuracy, clarity, transparency, controlled public disclosure, within authority, and time limits.

6. The construction, management, exploitation, operation of the case file database must ensure information security, cybersecurity, following standards, technical specifications, and business procedures.
Ensuring the confidentiality of investigations, work secrecy in criminal proceedings activities according to legal provisions, confidentiality levels, and declassification; implementing hierarchical and authorized access control on the case file database.

Chapter II DIGITAL SIGNATURE OF LEGAL DOCUMENTS

Article 5. Digital Signature of Legal Documents

1. Persons with authority to use official digital signatures as specified in point c, clause 1, Article 22 of the Electronic Transactions Law for legal documents as stipulated in clause 1, Article 132 of the Criminal Procedure Code.

2. Participants in litigation sign electronic legal documents using specialized or public digital signatures as specified in points a and b, clause 1, Article 22 of the Electronic Transactions Law during the process of creating an electronic case file.

3. Legal documents that have been digitally signed do not need to be manually signed and are considered equivalent to those signed manually. The signing of legal documents is carried out in accordance with the provisions of this joint circular, Article 22.

Article 6. Other forms of confirmation by a party to the proceedings in the process of establishing an electronic case file

1. Other forms of confirmation that are not electronic signatures include: Using fingerprint verification function through an electronic device or signing on the screen of an integrated software-specific device, or conducting multi-layer authentication when conditions for implementation are met.

2. The use of other forms of confirmation as specified in Clause 1 of this Article in cases where a party to the proceedings is unable to perform digital signature. The competent authority for the proceedings shall, based on infrastructure and technical conditions, decide on selection and reach an agreement with the party to the proceedings to implement.

Article 7. Legal value of legal documents using electronic signatures, electronic signatures, and other forms of confirmation by a party to the proceedings

A legal document using an electronic signature of a competent authority, electronic signature, and another form of confirmation by a party to the proceedings has legal value when it ensures the following content:

1. It is created on specialized software based on case file data and signed by a competent authority, a party to the proceedings or uses another form of confirmation by a party to the proceedings in accordance with regulations.

2. It uses an effective electronic signature certificate at the time of signing.

3. The content of the legal document is ensured to be complete and not altered after signing or confirmation.

4. Ensuring uniformity regarding the subject performing and the intent of confirmation for the content of the legal document, other documents, and evidence.

5. A legal document using an electronic signature must be created in accordance with a unified format, numbered, and electronically stamped according to regulations.

6. The use of another form of confirmation by a party to the proceedings shall ensure:

a) Specialized software must display the full content of the legal document for the party to the proceedings to check before performing confirmation; Confirmation by the party to the proceedings must be linked to the integrity of the legal document;

b) The implementation of another form of confirmation by a party to the proceedings shall be recorded in an electronic log, storing information on the time of confirmation, form of confirmation, and technical information. In cases where necessary, video recording may be made for verification and comparison when needed;

c) The collection, processing, storage, and protection of biometric data of a party to the proceedings must comply with regulations on personal data protection law and related laws.

Article 8. Cases of direct signing of legal documents, creation of legal documents, and other materials in writing during the establishment of an electronic case file

1. Creating legal documents, materials, and evidence using a direct signature in the process of establishing an electronic case file for the following cases:

a) When creating legal documents with content falling within the scope of state secrets at the "extremely secret" level where specialized software has not been certified or approved security solutions meeting corresponding confidentiality requirements according to national secrecy regulations, or when necessary due to the needs of the competent authority;

b) At the time of establishing a case file, the case file database, technical system, network transmission, or specialized software is experiencing an accident, interruption, or has not yet ensured cybersecurity and information security;

c) The location where judicial activities are conducted does not have the necessary technical conditions, equipment, or network transmission;

d) A competent authority has not been issued a dedicated official electronic signature certificate, a dedicated official electronic signature certificate has expired, been revoked, or is not secure and cannot be used at the time of signing;

d) A party to the proceedings has not registered an electronic signature or an electronic signature certificate of a party to the proceedings has expired, been revoked, or temporarily suspended; Equipment or electronic devices for electronic confirmation are experiencing accidents and cannot be used;

e) Cases due to emergency situations, force majeure, or objective obstacles;

g) International cooperation in criminal proceedings serving the needs of investigation, prosecution, trial, and enforcement of criminal penalties requiring the sending of written documents.

2. A competent authority shall use a direct signature when creating legal documents, materials, and evidence in an electronic case file using writing for cases specified at point b, d, and d of paragraph 1 after implementing remedial measures but without success and with relevant documentation or materials confirming the reason for not being able to perform digital signing.

3. A competent authority who has created and signed a legal document in the case of situations specified in Paragraph 1 shall promptly convert from written documents to electronic data and store after the reasons specified in Paragraph 1 have been resolved, ensuring conditions for implementation.

Article 9. The Issuance, Transfer, Assignment, Receipt, Delivery, Notification, and Execution of Electronic Litigation Documents Using Digital Signatures

1. The transfer, assignment, receipt, delivery, notification, and execution of electronic litigation documents using digital signatures between competent judicial authorities, between competent judicial authorities and management agencies, detention and custodial enforcement agencies, and criminal penalty enforcement agencies during the stages of investigation, prosecution, trial, and criminal penalty enforcement shall be conducted through specialized software based on case file databases. Electronic transfer receipts must be recorded to ensure proper sequence, procedures, and deadlines in accordance with the Criminal Procedure Code.

2. The transfer, assignment, receipt, and delivery of electronic litigation documents using digital signatures between competent judicial authorities and appraisal organizations, asset valuation committees, and related agencies through an electronic environment shall comply with technical infrastructure conditions and other requirements to ensure their implementation. The transfer and reception of litigation documents must be recorded by signature acknowledgment, transfer receipts, electronic confirmations, system logs, or other forms of confirmation that have evidentiary value.
For objects requiring appraisal, valuation, related documents, items, or samples that are not transferred electronically, direct physical delivery or postal service shall be conducted and recorded in an electronic manner to ensure the determination of the time of transfer, sealing status, and the subject performing the action.

3. The agency receiving electronic litigation documents using digital signatures must promptly receive, verify the legality of the document, update, confirm, and provide feedback on receipt through specialized software based on case file databases. In cases where necessary, cooperation may be conducted to authenticate through a dedicated public service digital signature certification service.

4. The issuance, notification, and delivery of electronic litigation documents using digital signatures to parties involved in the proceedings shall be carried out as follows:

a) Issuance, notification, and delivery of electronic litigation documents to parties involved in the proceedings through individual, organizational e-commerce accounts on a digital platform; use common application software deployed at the national data center to notify via linked digital platforms for individuals, organizations.
In cases of urgent circumstances, force majeure, objective obstacles, system software malfunctions, or technical issues that prevent electronic notification and delivery, the competent judicial authority shall inform the party involved in the proceedings and continue with notifications and deliveries once the emergency, force majeure, or objective obstacle no longer exists, and after the system software or technical infrastructure issues have been resolved.

b) In cases of executing litigation documents due to business requirements, meeting procedural deadlines, or when parties involved cannot use their e-commerce accounts due to detention, custodial enforcement, criminal penalty execution, account suspension, or lack of technical conditions, devices, network connections; in urgent circumstances, force majeure, objective obstacles, the electronic document shall be transcribed into a paper document for direct delivery.

c) In cases where the recipient's address is unclear or the recipient's whereabouts are unknown, the electronic litigation document shall be transcribed into a paper document and publicly posted according to the provisions of Article 140 of the Criminal Procedure Code;

d) When public posting does not yield results or other circumstances as stipulated by law, it shall be carried out in accordance with the provisions of Articles 19 and 20 of this Joint Circular.

5. The issuance, delivery, transfer, receipt, sending, notification, and execution of electronic litigation documents using digital signatures must be accurate to the intended recipient, timely, and in accordance with hierarchical and authority assignments as prescribed.

6. In cases where the provisions of paragraphs 1 and 2 of this Article have not been completed through an electronic environment, transcribe from the electronic document into a paper document or convert the electronic litigation document into a paper document for delivery, transfer, receipt.

7. The transcription or conversion as stipulated in point c of paragraph 4 and paragraph 6 of this Article must be carried out in accordance with the provisions for transcribing electronic documents into paper documents and the provisions for converting data messages to paper documents.

Chapter III ELECTRONICIZATION OF CASE FILES

Article 10 Implementation of Electronicization of Case Files

1. The electronicization shall be carried out for all case files specified in paragraph 2 of Article 131 of the Criminal Procedure Code. During the pilot implementation phase, where an electronic case file has already been established, the continued establishment of a paper-based case file is decided by the competent authority responsible for criminal proceedings. The electronicization of case files shall be carried out in accordance with the provisions of this Joint Circular.

2. The person with authority specified in paragraph 3 of this Joint Circular, within the scope of their assigned duties, shall bear responsibility for initiating data, electronicizing, and supplementary electronicization of case files; checking and ensuring the accuracy, completeness, and timeliness of the data concerning the case file that has been initiated, supplemented, or updated.

3. The electronic case file is established, registered, and managed in accordance with regulations, assigned a unique electronic file code from the moment it is created; numbered, attached with an electronic register stamp, used throughout all stages of the proceedings, and statistical records are maintained within the file. In cases where additional documents are added to the case file, they must be marked with an electronic register stamp and supplementary document statistics must be recorded in accordance with regulations.

Article 11 Methods for Electronicization of Case Files

1. Establishing an electronic case file from the outset on specialized software involves creating data about the case file through initiating data within the software according to a structured, standardized, and common data format; making copies or converting physical documents and evidence into readable digital formats on electronic devices; integrating collected information, electronic documents, and data into the electronic case file with data authentication.
The initiation and updating of data must comply with the procedural and formal requirements. Data concerning participants in criminal proceedings shall be automatically retrieved from the National Population Database (manual entry is required only where no such information exists in the National Population Database).

2. Converting written documents and other evidence established on paper during the establishment of an electronic case file into digital data is carried out by initiating data about the case file within specialized software according to the structured, standardized, and common data format for the case file database, with data authentication.
The conversion must meet the requirements specified in Article 4 of Decree No. 137/2024/NĐ-CP dated October 23, 2024, of the Government on electronic transactions by state agencies and systems supporting such transactions, and data authentication shall be performed according to regulations.

3. For case files that have been established from paper documents prior to the inter-ministerial announcement of a unified implementation of digital signing and electronicization, the competent authority responsible for criminal proceedings may decide on the electronicization process.

Article 12 Documents, Physical Evidence, and Objects Not Directly Integrated into the Electronic Case File

1. Original physical documents that cannot be copied, scanned, or converted to digital formats include: Sealed electronic data; physical evidence such as money, gold, silver, precious metals, gemstones, antiques, explosives, flammable materials, toxic substances, radioactive materials, military weapons requiring identification; biological pathogens, human body parts, tissue samples, blood samples, and other body fluid samples; perishable or difficult-to-store physical evidence; documents, images, prints, scene diagrams, original physical evidence that requires direct examination.

2. Physical or technical characteristics of documents where conversion to digital formats poses a risk of loss, distortion, or reduction in evidentiary value, such as handwritten documents with special ink, deteriorated documents, maps, technical drawings, fingerprints, biological samples, chemical samples, and materials.

3. For physical evidence and objects specified in paragraphs 1 and 2 that cannot be directly integrated into the electronic case file, the competent authority shall document their existence through written statements, minutes, images, digital data, or accompanying documents; management and preservation of original physical evidence are conducted in accordance with legal provisions for managing evidence.

Article 13. Legal Value of Electronic Case File

An electronic case file has legal value when it ensures the following contents:

1. It is established, collected, converted, and attached with an electronic document code, a stenographic record code, and an electronic signature stamp in accordance with regulations.

2. Electronic procedural documents within the electronic case file must ensure uniformity in format and presentation style.

3. All documents signed by a digital signature using a dedicated official digital signature certificate that is still valid and sealed with an electronic seal according to regulations, are signed or use another form of confirmation as prescribed in this Joint Circular for participants in the proceedings.

4. It must be stored and managed in accordance with Article 16 of this Joint Circular.

Article 14. Ensuring Security and Information/Data Protection of Electronic Case Files

1. An electronic case file containing state secrets shall be managed and used in strict accordance with the laws on protecting state secrets, information security, and cybersecurity.

2. Competent authorities conducting proceedings shall implement access control and ensure that access is within their jurisdiction; all activities of accessing, reading, recording, copying, editing must be recorded in the system log.

3. The issuance, transfer, delivery, notification, execution, storage of electronic procedural documents, case files, data on the list of state secrets shall be carried out in accordance with the laws on protecting state secrets and cryptographic law.

4. All activities involving connection, sharing, interlinking of data must have a backup plan for data recovery to ensure system security, contingency plans, disaster response, and continuous, complete, and uninterrupted restoration of data, strictly adhering to legal provisions on information security, cybersecurity, and data protection.

Article 15. Transfer, Delivery, Reading, Recording, Copying of Electronic Case Files

1. The transfer, delivery, and receipt of electronic case files are carried out through specialized software integrated with the case file database, with an electronic handover record indicating time, access logs ensuring proper authority, procedure, and deadlines in accordance with the Criminal Procedure Code.
The receiving agency must promptly verify the legality of the electronic case file, confirm its receipt using the specialized software integrated with the case file database.

2. Reading, recording, and copying documents within the electronic case file by participants in the proceedings are carried out through an electronic identity account, a transactional electronic account, or an account issued by the investigating authority, conducted either remotely or at designated locations and equipment at the competent agency's premises.
The reading, recording, and copying of documents within the electronic case file must be closely monitored by authorized personnel to ensure compliance with laws on protecting state secrets, investigation confidentiality, and personal data protection. This activity shall be recorded in a logbook, accompanied by statistical summaries.

Article 16. Storage and Management of Electronic Case Files

1. Electronic case files must be centrally stored and managed within the case file database of each ministry or agency, ensuring completeness and compliance with legal time limits as well as storage regulations for case files. There should be backup storage and a rapid recovery mechanism in case of incidents to ensure data safety and centralized management requirements within each ministry or agency.
2. Documents created on paper and physical evidence, electronic data after digitization must be stored and managed according to the laws on managing evidence and case file storage regulations.

Chapter IV REQUIREMENTS FOR SPECIALIZED SOFTWARE AND CASE FILE DATABASES

Article 17. Requirements for Specialized Software

The specialized software must be compatible with the overall architecture, ensuring compliance with legal, technical, procedural, and security requirements as stipulated by data protection laws, electronic transactions, information security, network security, storage, and digital identity, including:

1. Functional Provisions

a) Digital Signature, Electronic Authentication, and Other Non-Electronic Signatures for Participants in Litigation:
Digital signature of litigation documents, case files, and electronic records according to the format and digital signature standards issued by competent authorities; allows verification of digital certificates, recording of electronic logs regarding the time of signing, signer, type of document signed, and automatic authentication of signatures; has the capability to verify data integrity using digital signature and hash tools.
Allows for other non-electronic signatory forms during the establishment of electronic case files. The implementation must ensure verification of the identity of the party performing the action, resistance to repudiation, and data integrity;

b) Digitization of Case Files: Enables creation, scanning, recognition, storage, attachment of file numbers, and digital identification for each document in the case file (supports multimedia data functions: images, videos, audio), attaching electronic witness signatures and digital seals to prevent forgery; ensures data integrity, non-modifiability, loss prevention during processing; records history of operations on files, individuals performing digitization, accessors, and changes for audit purposes;

c) Management of Electronic Case Files: Enables organization, search, extraction, printing, backup of electronic case files; tracks progress of each phase of the case; automatically reminds of procedural deadlines; ensures synchronization with paper records (if applicable), meets statistical, analytical, evaluation requirements to support administrative guidance by competent authorities.

d) Issuance, transmission, transfer, receipt, notification, and execution of electronic litigation documents and electronic case files: Enables issuance, transfer, sending, receiving, notification, execution, confirmation, and tracking status of electronic litigation documents and case files between competent authorities; through the case file database with an electronic log recording the issuance, transfer, sending, receiving, notification, and execution;

d) Logging and Monitoring System: Records all access activities, digital signatures, transmission, receipt, modification, reading, copying of data; ensures capability for verification, retrieval, and comparison when necessary;

e) Ensuring Interoperability
Has the functionality to connect, share, synchronize data with specialized software from other ministries and agencies; connects with criminal detention and execution management software by the Ministry of Public Security and Ministry of Defense, automatically linking and accessing basic information of participants in litigation from the national population database, national data center, judicial history system, household registration databases, and criminal detention and execution management systems to support automated procedural processes. Allows the criminal detention and execution management software to automatically retrieve relevant basic information from the specialized software to initiate data on detained individuals and enforcement subjects.
Ensures interoperability in accordance with the provisions of Decree No. 278/2025/NQ-CP dated October 22, 2025 by the Government regarding mandatory data connectivity and sharing between political system agencies;

g) Designed according to an open architecture, easy integration, capable of expanding functionality in the future.

2. Meeting Technical, Security, Information Security, and Privacy Requirements

a) The specialized software must utilize modern technological solutions that are compatible with each ministry's existing technical infrastructure; prioritize the utilization and upgrade of software from ministries deployed on infrastructure meeting minimum system information security level 4 requirements;

b) Supports multiple users, detailed access control based on authority and litigation phase;

c) Has multi-layered user authentication mechanisms (electronic identity, OTP, digital signature certificates);

d) Has the capability for data backup and recovery to ensure continuous operation without interruption;

d) Ensures compatibility with national technical standards for data format, digital signatures, service communication, and government digital architecture; compatible with national technical standards for the overall national data architecture framework; data management governance framework;

e) Has mechanisms for monitoring, detecting, automatically reporting, warning, and issuing incident reports on cyber attacks, access control when unauthorized access or permission violations are detected; has the ability to respond and mitigate incidents in case of information security breaches; warns about delays in delivery or unconfirmed receipt of electronic case files or documents signed with digital signatures;

g) Records user feedback and online assistance from specialized software;

h) Automatically updates technical patches.

3. The specialized software may be upgraded to add new functional provisions and technical, security, information security, and privacy requirements as appropriate for technological advancements and practical needs.

4. The specialized software can only be officially used after being tested, validated, inspected, evaluated on functionality, performance, security, network security, and privacy; confirmed by competent authorities to meet the requirements specified in paragraphs 1 and 2 of this Article; and regularly monitored and inspected during operation.

Article 18. Requirements for Case File Database

1. The case file database is designed according to the national data management framework, following a decentralized - centralized connection model, ensuring active, secure, and interconnected operations among ministries and agencies. The construction of the case file database must ensure data structure, data standards, common data standards, meeting statistical, analytical, and evaluative requirements for guidance in administration by competent authorities, storage, sharing, interconnection, transfer, and receipt of documents in accordance with actual circumstances.

2. Each ministry or agency shall establish, manage, and use its own case file database to store, manage all procedural texts, documents, evidence, electronic data that have been digitized and signed, uniformly managed according to a unique electronic file code for each case based on data structure, common data standards, and general data standards. There must be mechanisms for automatic or semi-automatic synchronization of data, ensuring that when one agency creates, amends, or supplements the digital file, related agencies update it automatically in a timely manner.

3. Connect the case file databases of ministries and agencies with the common database located at the national data center, as well as the databases on provisional detention, provisional arrest, and criminal execution, other specialized databases, and information systems through a sharing and coordination platform that complies with technical standards, rules for identification, authentication, and encryption of data, transaction logging, reporting of developments, and automatic synchronization when changes occur. The connection from grassroots to central levels ensures separate, high-speed, secure transmission. Equip with multi-layered regular backup systems, quick recovery in case of incidents, and maintain a backup of documents at the data center of each agency.

4. Establish a common database as an intermediary for coordination and management of document categories and statuses that can be shared among agencies. The database does not store full detailed content but only stores identifying information and status records, ensuring selective sharing in accordance with authority principles to serve synchronized, automated alerts between software applications of various agencies.

Chapter V NOTIFICATION OF PROCEEDING DOCUMENTS THROUGH MASS MEDIA, OVER THE CLOUD PLATFORM, USING COMMON APPLICATION SOFTWARE DEPLOYED AT THE NATIONAL DATA CENTER, GOVERNMENT PORTAL, OR THE OFFICIAL WEBSITE OF THE AUTHORIZED AGENCY FOR PROSECUTION

Article 19. Circumstances for Notification of Proceeding Documents as per Article 141 of the Criminal Procedure Code

1. When public display does not yield results.

2. Where the place of residence or workplace of the person to be notified cannot be determined.

3. The person to be notified is abroad or not present at their place of residence.

4. Circumstances where the law requires public disclosure (public notification of wanted decision, search decision; notification for finding persons with rights and obligations related).

5. Circumstances requiring broad dissemination to ensure the rights and interests of those involved (notification for relevant parties in a case to know and contact the prosecution agency).

6. Other circumstances as provided by law.

Article 20. Forms and Content of Notifying Legal Documents

1. The competent authority for the conduct of proceedings or a person with such authority may request or suggest relevant agencies or organizations to notify legal documents by one or more of the following forms and means based on specific circumstances:

a) On mass media, including: Publishing in three consecutive issues (print or electronic newspaper) of the central daily newspaper (a newspaper managed by an agency or organization at the central level with nationwide distribution and published daily), and broadcasting three times within three consecutive days on national radio or television;

b) Notifying to the individual's, entity's, or organization's electronic transaction account through a digital platform for three consecutive days;

c) Using a common application software deployed at the National Data Center to notify via linked digital platforms of the individual's, entity's, or organization's electronic transaction accounts for three consecutive days;

d) In addition to the forms specified in points a, b, and c of this clause, the competent authority for the conduct of proceedings must simultaneously notify on its own information portal or website for three consecutive days (if applicable);

e) The time when the notification is deemed concluded under point a, d of paragraph 1 of this Article is at the end of the third day of notification. In cases where urgent situations, force majeure, or objective obstacles interrupt the notification process, such notifications must be made immediately after the interruption to ensure compliance with the required number of notifications.
The time when the notification under points b and c of paragraph 1 of this Article is deemed concluded is at the end of the third day of notification or from the moment the system confirms that the legal document has been successfully sent to the recipient's electronic transaction account and can be accessed, or from the moment the confirmation is received.

2. The content of the notification includes:

a) Name of the agency issuing the legal document;

b) Full name, year of birth, place of residence of the notified party;

c) Type of legal document, number, date of issuance, and full text or part of the content of the legal document;

d) Time, deadline, location for performing procedural obligations;

e) Legal responsibilities when not complied with;

f) Time of posting and conclusion of notification.

3. Documents evidencing the notification must be included in the case file, including:

a) The document from the competent authority for the conduct of proceedings requesting or suggesting relevant agencies or organizations to publish, broadcast the content of the notification on mass media, digital platforms, common application software deployed at the National Data Center, information portal, or website;

b) Copy of the published notice; audio recording of a radio program or video recording of a television program; printout or screenshot of the notified content from the information portal, website, digital platform, or common application software deployed at the National Data Center; or confirmation document from the service provider agency or organization indicating that the notification has been posted and broadcasted, specifying the issue number, posting time, broadcasting time (if applicable), and access link.

Chapter VI IMPLEMENTATION

Article 21. Enforceability

1. This Joint Circular shall take effect from the date of issuance.

2. Where referenced legal documents are amended, supplemented, or replaced, the content referred to in this Joint Circular will be changed and applied according to such amended, supplemented, or replaced legal documents.

Article 22. Pilot Implementation of Electronic Signature and Document Digitization

1. The pilot implementation of electronic signature and document digitization of case files shall be carried out in certain localities across the country by agencies that issue this Joint Circular, selecting and determining the scope, content, and duration of implementation.

2. Upon the conclusion of the pilot period, the Ministry of Public Security shall take the lead in coordinating with implementing agencies to evaluate the implementation, announce a unified inter-agency time for the simultaneous implementation of electronic signatures and document digitization of case files, and connect, share, and interlink data according to the provisions of this Joint Circular.
The electronic signature of procedural documents and digitization of case files prior to the announcement of the unified simultaneous implementation may be decided by competent authorities if they meet technical infrastructure conditions and other safeguarding conditions.

Article 23. Organization of Implementation

1. Within their respective jurisdictions and authority, the Ministry of Public Security, Ministry of National Defense, Supreme People's Procuratorate, and Supreme People's Court shall be responsible for:

a) Developing, upgrading, perfecting, managing specialized software, databases concerning case files, technical infrastructure, and other conditions to ensure data security and confidentiality; standardizing the content of information, documents, and data that may be shared;

b) Establishing and issuing common data standards (incident/case identification codes; document code, deposition code; evidence code; party code and related standard categories); ensuring stable and continuous operation through system interconnection processes, testing, and linking to maintain the stability of the interconnected system; implementing monitoring, inspection, logging activities, detecting, preventing, and addressing information security incidents during data exchange;

c) Issuing procedures and guidelines for subordinate agencies under their jurisdiction to implement electronic signatures and document digitization of case files, creating new or supplementing procedural documents, and data; procedures for alternative forms of confirmation not involving electronic signatures by participants in the proceedings;

d) Issuing procedures and guidelines for transferring, receiving, sending, notifying, executing electronic procedural documents and electronic case files; guiding the procedure for transmitting procedural documents through a digital platform, applications deployed at the national data center according to the functions of various ministries and agencies;

d) Coordinating inter-agency efforts to supplement business functionality, technical requirements, security, information security, and confidentiality standards for specialized software; monitoring system connections, synchronizing data, handling technical issues, and ensuring data integrity during operation.

2. The Ministry of Public Security shall develop a unified technical architecture and common database at the national data center; ensure technical infrastructure, storage space, cloud computing, backup, and recovery of case file records; establish and maintain interconnectivity to ensure the security and stability of the case file database; coordinate with relevant authorities for inspections, monitoring, ensuring information security, preventing risks or data leaks at the national data center. Lead and coordinate with ministries and agencies in conducting pilot projects.

3. The Supreme People's Procuratorate shall take the lead in coordinating with ministries and agencies to develop and issue inter-agency procedures for sharing, linking, and connecting data; establish and issue common data categories.

4. Competent authorities shall provide guidance, offer security solutions, specialized digital signature products, and services to judicial organs and authorized personnel to facilitate the electronic signature of procedural documents, document digitization, transmission, storage, and processing of electronic case files in accordance with laws on cryptography and specialized digital signatures.

5. Ministries, agencies, and equivalent-level bodies shall implement this Joint Circular according to their functions, tasks, and areas of state management responsibility. Conduct inspections, monitoring, organize interim reviews, and promptly propose amendments or supplements as appropriate, coordinating with the Ministry of Public Security in implementing pilot projects.

6. Participants in proceedings have responsibilities during participation in judicial activities:

a) Registering, providing, and using electronic transaction accounts, digital signatures according to laws and guidelines issued by judicial authorities;

b) Being responsible for the accuracy and legality of information, contact addresses, electronic data, and transactions conducted through registered electronic transaction accounts; shall bear legal consequences as prescribed by law due to incomplete, inaccurate, or untimely provision of information;

c) Regularly checking email, electronic transaction account, and registered identification account; promptly receiving and responding to notifications, procedural documents sent by judicial authorities. Not using or not checking the registered email, electronic transaction account, and identification account after valid notification shall not be considered a legitimate reason for complaints or requests regarding non-receipt of procedural documents, except in cases of emergency, force majeure, or objective impediments;

d) In case of changes, termination of use, or incidents related to the electronic transaction account (including being locked, losing access rights, changing identification information), digital signatures, participants in proceedings shall promptly notify judicial authorities for updates and processing according to regulations.

7. In the course of implementation, if there are difficulties, obstacles, or issues that require supplementation, the relevant authorities shall promptly report to the Ministry of Public Security, the Ministry of Defense, the Supreme People's Procuratorate, and the Supreme People's Court for consideration, guidance on implementation, or modification and supplementation as appropriate.

 

 

FOR RECEIPT:

- Standing Committee of the National Assembly;

- Committee on Legislation and Committee on Justice and Human Rights of the National Assembly;

- Central Commission for Discipline Inspection;

- Office of the President;

- Office of the Government;

- Office of the National Assembly;

- Ministry of Public Security; Ministry of Defense, Supreme People's Procuratorate, Supreme People's Court;

- Official Gazette;

- Electronic Information Portal of Ministries and Agencies: Ministry of Public Security; Ministry of Defense, Supreme People's Procuratorate, Supreme People's Court;

- FILED: VT (BCA, BQP, VKSNDTC, TANDTC).