Joint Circular 05/2005/TTLT-VKSTC-BCA-BQP on the coordination between investigation agencies and prosecution offices in implementing certain provisions of the Criminal Procedure Code 2003 issued jointly by the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense.

 

JOINT CIRCULAR 

 

ON THE RELATIONSHIP AND COOPERATION BETWEEN INVESTIGATION ORGANIZATIONS AND PROSECUTION OFFICES IN IMPLEMENTING CERTAIN PROVISIONS OF THE CRIMINAL PROCEDURE CODE 2003

 

To ensure that investigation organizations and prosecution offices at all levels implement correctly and uniformly certain provisions of the Criminal Procedure Code 2003 (hereinafter referred to as the CPC) during the investigation and prosecution stages, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense have agreed to provide guidance as follows:

1. Regarding the change or revocation of decisions without basis and contrary to the law made by the Deputy Head of the Investigation Organization

(point d, Clause 1, Article 34)

1.1. For decisions made by the Deputy Head of the Investigation Organization, the CPC does not require approval from the Prosecution Office if they are found to lack basis and be contrary to the law; the Head of the Investigation Organization shall issue a decision to change or revoke them. Immediately after issuing such a decision, the Investigation Organization must send these decisions to the Prosecution Office at the same level and to those parties involved in the proceedings.

1.2. For decisions made by the Deputy Head of the Investigation Organization, which according to the CPC require approval from the Prosecution Office but have not yet been sent to the Prosecution Office and are found to lack basis and be contrary to the law, the Head of the Investigation Organization shall issue a decision to change or revoke them. If these decisions have already been sent to the Prosecution Office but the Prosecution Office has not yet decided on their approval, the Head of the Investigation Organization shall request the Prosecution Office in writing to withdraw these decisions and issue a decision to change or revoke them; if the Prosecution Office disagrees, it will decide on the change or revocation according to Clause 5, Article 112 of the CPC.

1.3. For decisions made by the Deputy Head of the Investigation Organization that have been approved by the Prosecution Office and are later found to lack basis and be contrary to the law, the Head of the Investigation Organization shall recommend the Chief Prosecutor of the Prosecution Office at the same level or the superior Prosecution Office to issue a decision to change or revoke them. Immediately after issuing a decision to change or revoke the decisions of the Deputy Head of the Investigation Organization, the Prosecution Office must send them to the Investigation Organization for implementation.

2. On the Change of Investigators, Deputy Heads, Heads of Investigation Organizations; Prosecutors, Deputy Chiefs, Chiefs of Prosecution Offices

(Articles 44 and 45)

2.1. When discovering that an Investigator falls under one of the circumstances requiring replacement or refusal to proceed with the case as stipulated in Clause 1, Article 44 of the CPC, the Prosecutor has the right to request the Head of the Investigation Organization to consider replacing the Investigator or to request the Chief Prosecutor of the Prosecution Office at the same level to consider requesting the Head of the Investigation Organization to replace the Investigator. Within three days from receiving the Prosecutor's request or the written request of the Chief Prosecutor of the Prosecution Office at the same level, if there is sufficient basis, the Head of the Investigation Organization must issue a decision to replace the Investigator; if there is no sufficient basis, the Head of the Investigation Organization must notify in writing, stating the reasons, to the Prosecution Office at the same level.

In the case of replacing the Deputy Head of the Investigation Organization, the Head of the Investigation Organization decides to assign another Deputy Head or directly proceeds with the case; simultaneously, this assignment is reported to the Prosecution Office at the same level.

2.2. If the Head of the Investigation Organization at the district level, the Head of the Military Investigation Organization in the region, the Head of the Investigation Organization at the provincial level, or the Head of the Military Investigation Organization at the military zone level is replaced or refuses to proceed with the case under one of the circumstances stipulated in Clause 1, Article 44 of the CPC, based on Clause 2 of this provision, the Investigation Organization requests the Prosecution Office at the same level to issue a decision to transfer the case to the superior Investigation Organization for further investigation, and the Prosecution Office reports in writing the transfer of the case to the Chief Prosecutor of the superior Prosecution Office to direct the exercise of public prosecution and supervision of the investigation of the case; if the Head of the Central Investigation Organization is replaced or refuses to proceed with the case, then the leadership of the relevant department (Ministry of Public Security, Ministry of National Defense, Chief Prosecutor of the Supreme People's Procuracy, Chief Prosecutor of the Central Military Procuracy) decides to have a Deputy Head of the Investigation Organization proceed with the case.

The decision to replace the Investigator, Deputy Head, or Head of the Investigation Organization must be sent to the Prosecution Office at the same level and included in the case file.

2.3. When discovering that a Prosecutor falls under one of the circumstances requiring replacement or refusal to proceed with the case as stipulated in Article 45 of the CPC, the Investigation Organization recommends the reasons for replacement to the Prosecution Office at the same level for consideration. Within three days from receiving the recommendation of the Investigation Organization, if there is sufficient basis, the Chief Prosecutor or Deputy Chief Prosecutor of the Prosecution Office must issue a decision to replace the Prosecutor; if there is no sufficient basis to replace the Prosecutor, a written notification stating the reasons must be sent to the Investigation Organization.

In the case of replacing the Deputy Chief Prosecutor of the Prosecution Office, the Chief Prosecutor of the Prosecution Office decides to assign another Deputy Chief Prosecutor or directly proceeds with the case; simultaneously, this replacement and assignment is reported to the Investigation Organization at the same level.

2.4. When there is evidence that proceedings must be changed or refused to proceed with the prosecution as provided for in Clause 2, Article 45 of the Criminal Procedure Code, the Prosecutor shall not initiate prosecution against the case; if such proceedings have already been initiated, the Prosecutor shall report to the Chief Prosecutor of the superior Procuracy to issue a decision assigning a Deputy Prosecutor of the Procuracy where the change has occurred to prosecute the case and notify the Investigative Agency handling the case. In this case, the superior Procuracy shall be responsible for supervising and directing the Procuracy to exercise public prosecution rights and supervise the investigation of the case.

The decision to change and assign a Prosecutor, Deputy Prosecutor, or Chief Prosecutor of the Procuracy must be sent to the Investigative Agency handling the case to be included in the case file.

3. Regarding the basis for emergency arrest, the procedure for approving an emergency arrest warrant

( Article 81)

3.1. An emergency arrest may only be made when there is sufficient evidence proving that the emergency arrest falls under one of the cases stipulated in Clause 1, Article 81 of the Criminal Procedure Code. If an emergency arrest is made according to point a of Clause 1 of this Article, then the file must contain evidence proving the grounds that the person is preparing to commit a very serious crime or a particularly serious crime. If an emergency arrest is made according to point b of Clause 1 of this Article, then the file must include a record of the statement of the victim or the statement of a witness who was present at the scene of the crime and confirmed that the person committed the crime, along with other documents or grounds indicating that the person will flee. If an emergency arrest is made according to point c of Clause 1 of this Article, then it is necessary to collect or record traces, documents, or objects related to the crime on the person or at their residence or workplace.

It should be noted that to correctly determine whether the person may flee as provided for in points b and c of Clause 1, Article 81 of the Criminal Procedure Code, the authority issuing the emergency arrest warrant and the Procuracy when reviewing the approval of the emergency arrest warrant must base their assessment on a comprehensive evaluation of aspects such as: the background of the person (having prior convictions, prior offenses, vagrancy without a clear place of residence...), the severity of the criminal act and the type of crime committed, and the fact that offenders often flee in crimes such as theft, fraud, robbery, murder, illegal drug trafficking...

3.2. In the case of delegated emergency arrest, immediately after the completion of the emergency arrest, the Investigative Agency entrusted must promptly inform the delegating Investigative Agency to come and receive the arrested person and related documents. Once the arrested person is escorted back to their own premises, the Investigative Agency handling the case must immediately transfer the file along with the delegation decision for the emergency arrest to the same-level Procuracy for review and approval.

3.3. The file requesting the Procuracy to review and approve the emergency arrest warrant includes the following documents:

a. A letter requesting the Procuracy to approve the emergency arrest warrant;

b. The emergency arrest warrant, which must clearly state the emergency arrest situation under Clause 1, Article 81;

c. The record of the emergency arrest;

d. Reports and accusations of crimes; recommendations for prosecution from state agencies;

đ. Relevant documents serving as the basis for deciding on an emergency arrest for each case specified in Point 3.1 of this Section;

e. Documents about the background of the person being arrested;

g. The statement of the person subject to emergency arrest (if available);

h. A list of documents in the file and each page of the documents stamped by the Investigative Agency.

3.4. In all cases, the time limit for the Procuracy to review and approve the emergency arrest warrant must comply with the provisions of Clause 4, Article 81 of the Criminal Procedure Code. If it is necessary to directly meet and question the person arrested or in cases where multiple people are arrested simultaneously or the case involves many complex circumstances, this period shall not exceed twelve hours from the time the Procuracy receives the file requesting review and approval. The twelve-hour review and approval period is calculated continuously, including both working and non-working hours. Therefore, after escorting the arrested person back to their own premises, the Investigative Agency handling the case must immediately transfer the file containing all the documents specified in Point 3.3 of this Section to the same-level Procuracy for review and approval. On holidays or outside regular working hours, Procuracies at all levels must assign Prosecutors to be on duty at their premises to perform the task.

3.5. In necessary cases, the Procuracy must directly meet and question the person arrested before considering the decision to approve or not approve the emergency arrest warrant as stipulated in Clause 4, Article 81, which is when signs of abuse of emergency arrest or unclear evidence in the emergency arrest file are found or there are contradictions.

When it is necessary to meet and question the person arrested in an emergency, the Prosecutor must notify the Investigative Agency in advance to create conditions for the Prosecutor to perform the task or to coordinate during the meeting and questioning process.

The record of the statement of the person arrested, prepared by the Prosecutor, must be transferred to the Investigative Agency to be included in the case file.

4. Actions to be taken immediately after an emergency arrest or upon receiving a person arrested in a wanted case

( Article 83)

4.1. Based on Clause 1, Article 83 of the Criminal Procedure Code, within twenty-four hours from the time the arrested person is escorted back to the premises, the Investigative Agency handling the case must take immediate statements and has the right to issue a detention decision or release the arrested person without waiting for the Procuracy's approval of the emergency arrest warrant. Therefore, if the Investigative Agency releases the arrested person, they must immediately notify the Procuracy not to approve the emergency arrest warrant; if the Investigative Agency has issued a detention decision but lacks grounds to approve the emergency arrest warrant, the Procuracy requests the Investigative Agency to issue a decision to revoke the detention decision and immediately release the detained person.

4.2. In the case of a person arrested under a warrant for arrest, the investigating agency receiving the arrested person shall take statements, prepare a physical description record, photograph the arrested person, and immediately send a notification along with the physical description record and photograph to the agency that issued the warrant for arrest to come and receive the arrested person.

If it is determined that the agency issuing the warrant for arrest cannot immediately receive the arrested person, the investigating agency receiving the arrested person shall issue a decision on temporary detention and immediately send the decision on temporary detention to the same-level People's Procuracy. If the agency issuing the warrant for arrest still has not received the arrested person, at least twelve hours before the expiration of the temporary detention period, the investigating agency receiving the arrested person must transfer the file along with a letter requesting the same-level People's Procuracy to extend the temporary detention period for the arrested person. The extension of the temporary detention period and the approval of the temporary detention are carried out according to the provisions of Clause 2, Article 87 of the Code of Criminal Procedure.

4.3. After receiving the notification along with the physical description record and photograph of the arrested person, the agency issuing the warrant for arrest must immediately check to determine whether the person is indeed the one being sought; if confirmed, they must promptly go to the investigating agency where the arrested person was received to receive the arrested person; if not, they must immediately notify so that the investigating agency holding the arrested person can release them. In cases where the agency issuing the warrant for arrest cannot immediately receive the arrested person, the agency authorized to detain temporarily must immediately issue a detention order and send the detention order along with the warrant for arrest to the same-level People's Procuracy for approval.

In the case of a person serving a sentence who escapes from the place of detention, the Warden of the Detention Center shall issue a warrant for arrest, conduct preliminary investigation activities, and transfer the file to the competent investigating agency to handle the case according to the provisions of Article 23 of the Ordinance on Investigative Organization.

The time limit for the People's Procuracy to approve the detention order for the cases stipulated herein shall not exceed twenty-four hours, counted from the time of receiving the request for approval so that the agency issuing the warrant for arrest can promptly send the detention order along with the approved detention order to the investigating agency receiving the arrested person.

4.4. After receiving the detention order approved by the People's Procuracy, the investigating agency receiving the arrested person is responsible for immediately transferring the arrested person to the nearest detention center. The handover between the investigating agency and the detention center; between the detention center and the agency issuing the warrant for arrest must be recorded in a protocol according to the provisions of Article 95 of the Code of Criminal Procedure. The protocol records the statement of the arrested person, the decision on temporary detention, the decision on extending temporary detention, the decision approving the extension of temporary detention, the detention order, and the decision approving the detention order of the People's Procuracy, other related documents, and the handover protocol must be included in the case file.

5. Approval of the detention order in the case of a person who is temporarily detained and then indicted

(Clause 3, Article 88)

5.1. To ensure that during the time the People's Procuracy examines and approves the detention order for a person who is temporarily detained and then indicted, the person remains within the temporary detention period, the investigating agency must transfer the file requesting approval of the indictment decision and the request for approval of the detention order of the indicted person to the same-level People's Procuracy at least twelve hours before the expiration of the temporary detention period or the extended temporary detention period. When the file has been transferred to the People's Procuracy for examination and approval, if there are supplementary documents, the investigating agency must immediately transfer them to the People's Procuracy to serve the examination and approval process in a timely manner.

In this case, the examination and approval of the indictment decision are conducted concurrently with the examination and approval of the detention order of the indicted person. If there is insufficient basis for indictment but sufficient basis for extending temporary detention, the People's Procuracy will require the investigating agency to issue a decision on extending temporary detention and immediately send it to the People's Procuracy for approval. During the extended temporary detention period, the investigating agency must urgently collect and consolidate evidence and immediately transfer them to the People's Procuracy for examination and approval of the indictment decision.

If the People's Procuracy does not approve, it will issue a decision to revoke the indictment decision and require the investigating agency to immediately release the person who is temporarily detained. In the case of extended temporary detention, if not approved, the People's Procuracy will issue a decision to revoke the indictment decision and issue a decision to release the person who is temporarily detained.

If the indictment is found to be based on sufficient grounds but there is no need for detention, the People's Procuracy will issue a decision to approve the indictment decision and a decision not to approve the detention order; if necessary, it may require the investigating agency to apply other preventive measures against the indicted person.

5.2. The file for requesting examination and approval of the indictment decision and the detention order in the case of a person who is temporarily detained and then indicted includes the following documents:

a) A letter requesting examination and approval of the indictment decision and the detention order of the indicted person;

b) Decision on temporary detention, decision on extending temporary detention (if any); detention order of the indicted person;

c) Decision on initiating a criminal case, decision on indictment;

d) Protocol on the issuance of the indictment decision signed or fingerprinted by the indicted person;

đ) Protocol on taking statements from the temporarily detained person, interrogation protocol of the indicted person (if any);

e) Documents proving the criminal acts of the indicted person;

g) Documents about the personal background of the indicted person;

h) List of documents in the file and each page of the documents stamped with the index seal of the investigating agency.

6. The temporary detention period is deducted from the detention period and the method of recording the period in the detention order

(Clause 4, Article 87)

According to Clause 4, Article 87 of the Code of Criminal Procedure, in cases of continuous or non-continuous temporary detention and detention, the temporary detention period must always be deducted from the detention period for investigation. If detention is continuous with temporary detention, the detention period is calculated immediately after the last day of the temporary detention period, without overlapping the detention period over the temporary detention period.

Pursuant to Article 96 of the Criminal Procedure Code, when calculating the duration of temporary detention or pretrial detention, the period ends on the last day specified in the order. If the period is calculated in months, one month is considered as thirty days. Therefore, when calculating the duration of temporary detention or pretrial detention, it must be based on the actual period recorded in the decision on temporary detention or pretrial detention order, and the calculation must be continuous, including holidays (Saturday, Sunday, public holidays, and festivals) if the temporary detention or pretrial detention overlaps with holidays. One month must be calculated as thirty days, without considering the number of days in a short month (twenty-eight days) or a long month (thirty-one days).

The recording of the duration in the pretrial detention order in cases where the suspect was previously temporarily detained shall be uniformly carried out as follows: the duration of pretrial detention is calculated in days, starting from the date of issuance of the pretrial detention order and ending on the corresponding day of the month when the required number of days for pretrial detention has been completed (after deducting the number of days of temporary detention).

Example 1: Nguyen Van A was temporarily detained for three days, from March 1, 2004, to March 4, 2004. Subsequently, A was indicted and ordered to be pretrial detained for two months. Therefore, the actual duration of pretrial detention for the suspect is one month and twenty-seven days (after deducting three days of temporary detention). Thus, the duration in the pretrial detention order is recorded as: pretrial detention for fifty-seven days, from March 4, 2004, to April 29, 2004, for Nguyen Van A.

Example 2: Tran Thi B was temporarily detained for six days, from March 5, 2004, to March 10, 2004, and then released on bail. After one month, B was indicted and arrested for pretrial detention for two months. Therefore, the actual duration of pretrial detention for the suspect B is one month and twenty-four days (after deducting six days of temporary detention). Thus, the duration in the pretrial detention order is recorded as: pretrial detention for fifty-four days, from April 11, 2004, to June 3, 2004, for Tran Thi B.

7. Regarding the initiation and supervision of criminal proceedings (the provisions of

Articles 104, 105, and 109)

7.1. The implementation of the authority to initiate and supervise the initiation of criminal proceedings as stipulated in Articles 104 and 105 of the Criminal Procedure Code is carried out as follows:

Within the time limit prescribed in Clause 2 of Article 103 of the Criminal Procedure Code, the Investigative Agency must examine and verify reports, complaints about crimes, and recommendations for prosecution submitted by state agencies; if there are signs of a crime occurring, they must decide to initiate a criminal case; if there is one of the grounds provided for in Article 107 of the Criminal Procedure Code, they must issue a decision not to initiate a criminal case. Within twenty-four hours from the date of issuing the decision to initiate or not to initiate a criminal case, the Investigative Agency must send that decision along with related documents to the same-level Public Prosecutor's Office.

Within three days from the date of receiving the decision to initiate or not to initiate a criminal case and related documents, if sufficient grounds are found, the Public Prosecutor's Office must notify the Investigative Agency in writing; if insufficient grounds are found, they must request the Investigative Agency to supplement evidence and materials in writing. In cases where sufficient evidence clearly shows that the decision to initiate or not to initiate a criminal case lacks grounds, the Public Prosecutor's Office must issue a written request for the Investigative Agency to revoke the decision; if the Investigative Agency does not agree, the Public Prosecutor's Office will issue a decision to revoke the decision based on Clause 2 of Article 109 of the Criminal Procedure Code.

7.2. Cases involving offenses prescribed in Clause 1 of Articles 104, 105, 106, 108, 109, 111, 113, 121, 122, 131, and 171 of the Penal Code may only be decided to initiate a criminal case upon a request from the victim or their lawful representative, who is a minor, mentally or physically impaired person. The request for prosecution from the victim or their representative is expressed through a signed or fingerprinted petition; if the victim or their representative directly presents the request, the Investigative Agency and the Public Prosecutor's Office must record the content of the request in a written statement and require them to sign or fingerprint it. The written statement prepared by the Public Prosecutor's Office must be immediately transferred to the Investigative Agency for consideration of initiating the criminal case and included in the case file.

If the victim or their representative withdraws the request for prosecution immediately after the criminal case is initiated, the Investigative Agency issues a decision to revoke the decision to initiate the criminal case and notifies the same-level Public Prosecutor's Office in writing; if the investigation is ongoing or has concluded, the Investigative Agency issues a decision to terminate the investigation; if the file has been transferred to the Public Prosecutor's Office, the Public Prosecutor's Office issues a decision to terminate the case.

In cases where it is determined that the withdrawal of the request for prosecution by the victim is contrary to their will due to coercion or compulsion, the Investigative Agency and the Public Prosecutor's Office may still continue the prosecution of the case according to the provisions of Paragraph 2 of Clause 2 of Article 105 of the Criminal Procedure Code.

8. Changing or supplementing the decision to initiate a criminal case

(Article 106)

8.1. If the Public Prosecutor's Office finds that the Investigative Agency's decision to change or supplement the decision to initiate a criminal case lacks sufficient grounds or has no grounds, they must issue a written request for the Investigative Agency to supplement evidence and materials or revoke the decision; if the Investigative Agency disagrees and it is clear that the change or supplementation lacks grounds, the Public Prosecutor's Office will issue a decision to revoke the decision based on Clause 5 of Article 112 of the Criminal Procedure Code.

If there are grounds to change or supplement the decision to initiate a criminal case, the Public Prosecutor's Office must issue a written request for the Investigative Agency to make the decision; if the Investigative Agency does not agree even after the request, the Public Prosecutor's Office will issue a decision to change or supplement the decision to initiate a criminal case within twenty-four hours from the date of issuance and send it to the Investigative Agency to conduct the investigation in accordance with the provisions of

Clause 2 of Article 106 of the Criminal Procedure Code

.

8.2. The decision to initiate a criminal case can only be changed in cases where the offense changes. The change of the decision to initiate a criminal case is not applicable if, through investigation, it is determined that the accused's actions constitute a more serious offense within the same charge already initiated.

Example: The decision to initiate a criminal case for theft under

Clause 1 of Article 138 of the Penal Code

If through investigation it is determined that the suspect's act of theft falls under Clause 2 of Article 138 of the Criminal Code (serious offense) instead of a less serious offense, then there is no need to issue a decision to change the decision to initiate criminal proceedings.

9. Responsibilities of the Investigative Agency in Implementing Requests and Decisions of the Prosecution Office

(Article 114)

The Investigative Agency has the responsibility to fully and promptly implement the requests and decisions set forth in Points 1, 2, and 3 of Article 112 of the Criminal Procedure Code. For the requests and decisions set forth in Points 4, 5, and 6 of Article 112 of the Criminal Procedure Code, if there is disagreement, the Investigative Agency must still comply with them but has the right to report to the superior Investigative Agency and to make recommendations to the superior Prosecution Office for review and decision; if it is an Investigative Agency at the central level, it shall recommend to the Chief Prosecutor of the Supreme People's Procuracy and the Chief Prosecutor of the Central Military Procuracy for review and decision.

Within twenty days from receiving the recommendation of the Investigative Agency, if in agreement, the superior Prosecution Office shall revoke the decision of the subordinate Prosecution Office; if not in agreement, it shall notify in writing the reasons to the Investigative Agency that made the recommendation and the subordinate Prosecution Office. The resolution of the superior Prosecution Office, the decision of the Chief Prosecutor of the Supreme People's Procuracy, and the Chief Prosecutor of the Central Military Procuracy is the final decision.

10. Regarding Transfer of Cases for Investigation within Jurisdiction

(Article 116)

10.1. According to Article 116 of the Criminal Procedure Code, in cases where the case does not fall within its jurisdiction for investigation, the Investigative Agency must request the Prosecution Office at the same level to issue a decision to transfer the case to the Investigative Agency with jurisdiction to continue the investigation. In cases where the Investigative Agency sees that the case does not fall within its own jurisdiction, the Prosecution Office will require the Investigative Agency to carry out procedures so that the Prosecution Office can issue a decision to transfer the case. Within three days from the date of receipt of the request from the Investigative Agency, the Prosecution Office at the same level must issue a decision to transfer the case to the Investigative Agency with jurisdiction.

If the case needs to be transferred outside the province or centrally-administered city or outside the military region, the county-level or regional-level Investigative Agency will carry out procedures so that the county-level Prosecution Office or the regional-level Military Prosecution Office issues a request to the provincial-level Prosecution Office or the military region-level Military Prosecution Office to issue a decision to transfer the case. If the case is proposed for transfer by the provincial-level Investigative Agency or the military region-level Military Investigative Agency, the provincial-level Prosecution Office or the military region-level Military Prosecution Office will issue a decision to transfer the case. Within three days from the date of receipt of the request to transfer the case from the county-level Prosecution Office or the regional-level Military Prosecution Office or from the provincial-level Investigative Agency or the military region-level Military Investigative Agency, the provincial-level Prosecution Office or the military region-level Military Prosecution Office must issue a decision to transfer the case.

Within twenty-four hours from issuing the decision to transfer the case, the Prosecution Office with authority must immediately send the decision to transfer the case to the Investigative Agency, the county-level Prosecution Office, the regional-level Military Prosecution Office, the provincial-level Investigative Agency, and the military region-level Military Investigative Agency that requested the transfer.

Within two days from receiving the decision to transfer the case, the Investigative Agency currently handling the case has the responsibility to immediately transfer the case file and evidence to the Investigative Agency with jurisdiction to continue the investigation. The handover of the case file and evidence must be recorded in a protocol according to the provisions of Article 95 of the Criminal Procedure Code, including the date when the Investigative Agency with jurisdiction received the case file and evidence.

10.2. According to Article 119 of the Criminal Procedure Code, the period for investigating a criminal case is calculated from the date the Investigative Agency issues a decision to initiate a criminal case until the end of the investigation based on the investigation period for each type of crime. Therefore, the investigation period for a case transferred for investigation within jurisdiction is calculated continuously from the date the Investigative Agency with jurisdiction receives the case file until the end of the investigation, minus the time during which the Investigative Agency requested the transfer of the case being investigated.

11. Changing or Supplementing the Decision to Initiate Criminal Proceedings Against a Suspect

(Article 127)

11.1. During the investigation of a criminal case, if there is evidence to determine that the suspect's criminal act does not fall under the crime already initiated or the suspect has committed another criminal act, the Head or Deputy Head of the Investigative Agency, the Chief Prosecutor or Deputy Chief Prosecutor of the Prosecution Office at the same level have the authority to issue a decision to change or supplement the decision to initiate criminal proceedings against the suspect, but the Prosecution Office only exercises this authority after requesting the Investigative Agency to do so and the Investigative Agency fails to comply.

When changing the decision to initiate criminal proceedings against a suspect, a decision to change the decision to initiate a criminal case must also be issued. For example, changing the decision to initiate criminal proceedings from abuse of trust to fraud, a decision to change the initiation of a criminal case from abuse of trust to fraud must also be issued.

It should be noted that the decision to initiate criminal proceedings against a suspect should not be changed in cases where the investigation determines that the suspect's act constitutes a more serious or less serious offense within the same charge already initiated against the suspect.

11.2. The Investigative Agency or the Prosecution Office issues a decision to supplement the decision to initiate criminal proceedings against a suspect in a case that has already been initiated; if the suspect has committed another criminal act that has not yet been initiated as a criminal case, a decision to initiate a criminal case must be issued before issuing a decision to initiate criminal proceedings against the suspect and considering the consolidation of the cases for joint investigation according to the provisions of Article 117 of the Criminal Procedure Code. If during the investigation of the case, it is determined that the suspect committed this criminal act to commit another criminal act, a decision to supplement the decision to initiate a criminal case and a decision to supplement the decision to initiate criminal proceedings against the suspect must be issued.

Example 1: In the case of murder and theft, Nguyen Van A and Tran Thi B were indicted as suspects for two crimes of murder and theft, while Nguyen Van C was indicted for the crime of murder. Upon investigation, it was determined that in addition to the act of murder, C also committed the act of theft together with A and B, which had been indicted. Therefore, the decision to indict C as a suspect for the act of theft must be supplemented.

Example 2: Nguyen Van A is a suspect in a theft case, but through investigation, it was found that before this, A also committed the act of robbery. In this case, A commits two crimes. Therefore, a decision to indict the criminal case regarding the act of robbery must be issued, followed by a decision to indict A as a suspect for the crime of robbery, and consider merging the two cases for investigation according to Article 117 of the Criminal Procedure Code.

Example 3: Nguyen Van A is a suspect in a murder case, but upon investigation, it was found that A committed the act of killing the victim to steal property. Therefore, a decision to supplement the indictment decision must be issued, and simultaneously, a decision to supplement the indictment of A as a suspect for the crime of theft must be issued.

11.3. The issuance of decisions to indict criminal cases and indict suspects in cases where the suspect has multiple acts of committing crimes under the same charge and in cases where the suspect commits multiple different crimes shall be carried out as follows:

a. If a person commits multiple acts of committing crimes under the same charge, only one decision to indict a criminal case and one joint decision to indict the suspect for all such offenses shall be issued. For example, if Nguyen Van A repeatedly engages in illegal drug trafficking, only one decision to indict a criminal case and one decision to indict A as a suspect for the crime of illegal drug trafficking according to the corresponding provisions of the Penal Code shall be issued.

b. In the case where a person commits multiple different acts of committing crimes at the same time, only one decision to indict a criminal case and one joint decision to indict the suspect shall be issued, clearly stating each charge and the relevant provisions of the Penal Code applied.

Example 1: At the same time, Nguyen Van A commits both rape and immediately thereafter kills the victim to cover up the crime. In the decision to indict the criminal case and the decision to indict A as a suspect, each act of committing crime, namely rape and murder, according to the corresponding provisions of the Penal Code shall be clearly stated.

Example 2: While committing theft, Nguyen Van A was discovered and chased. Immediately afterward, A snatched a bicycle from a passerby as a means of escape. In this case, only one decision to indict a criminal case and one decision to indict the suspect shall be issued, clearly stating the acts of theft and snatch theft according to the corresponding provisions of the Penal Code.

c. If a person commits multiple different acts of committing crimes but they are discovered at different times, separate decisions to indict a criminal case and to indict the suspect for each act of committing crime must be issued, and depending on the circumstances, consider merging the cases according to Article 117 of the Criminal Procedure Code. For example, Nguyen Van B was caught red-handed committing theft on August 15, 2005. After one month of investigating the theft case, the Investigation Agency discovered that B also committed robbery on July 15, 2005. In addition to the decision to indict the criminal case and to indict B as a suspect for the act of theft, the Investigation Agency must also issue a decision to indict the criminal case and a decision to indict B as a suspect for the act of robbery.

11.4. After receiving the case file and the investigative conclusion, if it is found that someone has committed a criminal act in the case that has not been indicted or there is evidence to determine that the suspect's criminal act does not constitute the indicted crime or involves other criminal acts, the Public Prosecutor's Office will return the file and request the Investigation Agency to issue a decision to indict the suspect, a decision to change or supplement the decision to indict the suspect, and proceed with the investigation according to the general procedure. If the Investigation Agency fails to comply with the request, the Public Prosecutor's Office will issue a decision to indict the suspect, a decision to change or supplement the decision to indict the suspect, and send it to the Investigation Agency for investigation.

12. The transfer and approval of decisions to indict suspects, decisions to change or supplement decisions to indict suspects

(Clause 4 and Clause 6 Article 126; Clause 2 and Clause 3 Article 127)

12.1. According to Clause 4 Article 126 and Clause 2 Article 127 of the Criminal Procedure Code, within 24 hours from issuing the decision to indict a suspect, the decision to change or supplement the decision to indict a suspect, the Investigation Agency must send these decisions along with related documents to the same-level Public Prosecutor's Office for examination and approval. Simultaneously, based on the provisions of Clause 6 Article 126 and Clause 3 Article 127 of the Criminal Procedure Code, the Investigation Agency must immediately deliver the decision to indict a suspect, the decision to change or supplement the decision to indict a suspect to the suspect before the Public Prosecutor's Office approves it. Therefore, the Public Prosecutor's Office has the responsibility to closely coordinate with the Investigation Agency so that the examination and approval of the decision to indict a suspect, the decision to change or supplement the decision to indict a suspect can be promptly and timely responded to the investigation requirements.

In cases where these decisions cannot be immediately delivered to the suspect, such as when the suspect is arrested outside to be temporarily detained or a search of the suspect's residence or workplace is required; the suspect is at large; the suspect is outside due to non-appearance or immediate contact,... after obtaining the approval decision from the same-level Public Prosecutor's Office, the Investigation Agency must immediately deliver these decisions (including the Investigation Agency's decision and the Public Prosecutor's Office's approval decision) to the indicted person.

The transfer and receipt of decisions to indict suspects, decisions to change or supplement decisions to indict suspects, and the approval decisions of the Public Prosecutor's Office for these decisions must be carried out strictly in accordance with the provisions of Clause 6 Article 126, Clause 3 Article 127 of the Criminal Procedure Code.

12.2. After the Public Prosecutor's Office has approved the decision to indict a suspect, the Investigation Agency must take photographs, create name and identification records of the suspect, and include them in the case file. For suspects who are at large, taking photographs and creating name and identification records of the suspect must be done immediately after apprehending the suspect.

12.3. The period for reviewing and approving the decision to initiate criminal proceedings, the decision to amend or supplement the decision to initiate criminal proceedings shall be carried out in accordance with the provisions of Clause 4 Article 126 and Clause 2 Article 127 of the Criminal Procedure Code. In cases where the review and approval of the decision to initiate criminal proceedings against a person who is under temporary detention, this period shall not exceed twelve hours from the time of receiving the decision to initiate criminal proceedings and related documents. Therefore, at the latest before the end of the temporary detention period or twelve hours prior to extending the temporary detention period, the Investigative Agency must submit the file requesting the review and approval of the decision to initiate criminal proceedings to the same-level Prosecution Office.

12.4. In cases where the Prosecution directly interrogates the suspect or takes statements from witnesses or victims to clarify the grounds for initiating criminal proceedings before making the approval decision, the record of these statements must be transferred to the Investigative Agency to be included in the case file. The handover of such documents between the Prosecution and the same-level Investigative Agency must be documented according to the provisions of Article 95 of the Criminal Procedure Code.

13. The file requesting the Prosecution to review and approve the decision to initiate criminal proceedings, the decision to amend or supplement the decision to initiate criminal proceedings.

The file includes the following documents:

a. A letter requesting the review and approval of the decision to initiate criminal proceedings, the decision to amend or supplement the decision to initiate criminal proceedings;

b. The decision to initiate the case, the decision to amend or supplement the initiation of the case;

c. The decision to initiate criminal proceedings, the decision to amend or supplement the initiation of criminal proceedings;

d. The record of delivering the decision to initiate criminal proceedings, the decision to amend or supplement the decision to initiate criminal proceedings to the suspect, except in cases provided for in Point 12.1 Section 12 of this Circular;

đ. Documents serving as the basis for initiating, amending or supplementing the decision to initiate criminal proceedings;

e. The record of statements of persons suspected of committing the crime, the record of interrogating the suspect (if any);

g. Statements of arrested persons, temporarily detained persons, witnesses, victims (if any);

h. A list of documents in the file and each page of the documents stamped by the Investigative Agency.

14. The Prosecution exercises its authority to conduct certain investigative activities when necessary

(Article 112)

The investigative activities that the Criminal Procedure Code stipulates for the Prosecution to directly conduct when necessary are specified in Clause 2 Article 112 of the Criminal Procedure Code and include interrogating suspects, taking statements, cross-examination, and reenactment of the investigation, which shall be carried out as follows:

14.1. During the investigation process, when there is a request from the Investigative Agency or through monitoring the interrogation, it is discovered that the suspect claims innocence, the suspect's statements are inconsistent, sometimes admitting guilt and sometimes denying it; the suspect has complaints about the investigation, there is reasonable doubt about the authenticity of the suspect's statements; in cases where the suspect is charged with particularly serious crimes, the Prosecution may directly meet and interrogate the suspect. When it is necessary to interrogate, the Prosecution must report to the Chief Prosecutor or Deputy Chief Prosecutor and notify the Head or Deputy Head of the Investigative Agency in advance.

After receiving the case file, if there are doubts about the documents and evidence; important evidence of the case is contradictory; in cases of particularly serious cases with many complex circumstances difficult to unify the nature of the case or to consolidate evidence for prosecution, the Prosecutor may directly interrogate the suspect.

If the suspect is currently in temporary detention, the Head or Deputy Head of the Investigative Agency is responsible for coordinating with the Warden of the Temporary Detention Center or the Head of the Holding Facility where the suspect is being held to create conditions for the Prosecutor to carry out the interrogation of the suspect. When the Prosecutor interrogates the suspect, they must follow the provisions of Articles 131 and 132 of the Criminal Procedure Code.

14.2. During the investigation process, to ensure the accuracy of reviewing and approving decisions made by the Investigative Agency, the Prosecutor may summon and take statements from witnesses, victims, civil plaintiffs, civil defendants, and other parties with interests or obligations related to the case. Before taking statements, the Prosecutor must notify the Head or Deputy Head of the Investigative Agency in advance about the time and place of conducting the statement-taking of these individuals.

When the investigation concludes and the file has been transferred to the Prosecution, if it is deemed necessary to supplement evidence, the Prosecutor may summon and take statements from witnesses, victims, civil plaintiffs, civil defendants, and other parties with interests or obligations related to the case. The summoning and taking of statements from these individuals must be conducted in accordance with the provisions of Articles 133, 135, and 136 of the Criminal Procedure Code.

14.3. During the supervision of the investigation, if contradictions are found in the statements of the suspect, victims, witnesses, civil plaintiffs, civil defendants, and other parties with interests or obligations related to the case, the Prosecutor must require the Investigator to conduct cross-examination.

The Prosecutor will only conduct cross-examination in cases where there is a request from the Investigative Agency or when they find that the Investigator's cross-examination has not clarified the contradictions. When cross-examination is required, the Prosecutor must notify the Investigator in advance and conduct the cross-examination in accordance with the provisions of Article 138 of the Criminal Procedure Code.

During the prosecution phase, if contradictions are found in the statements of the parties involved in the litigation, the Prosecutor may conduct cross-examination to clarify these contradictions without returning the file to the Investigative Agency for supplementary investigation.

14.4. During the investigation process, if it is necessary to conduct a reenactment of the investigation to verify contradictions between the statements of the suspect, other parties involved in the litigation, and the objective reality, the Prosecution requests the Investigative Agency to conduct the reenactment of the investigation.

During the prosecution phase, if it is deemed necessary to conduct simple investigative scenarios through on-site reenactments to conclude and verify evidence without returning the file to the Investigative Agency for supplementary investigation, the Prosecution conducts the reenactment of the investigation directly. The reenactment of the investigation by the Prosecution must have witnesses present and documented according to the provisions of Article 95 of the Criminal Procedure Code. If it is necessary to reconstruct the scene or conduct the reenactment of the investigation at the scene, the file should be returned and the specific requirements noted for the Investigative Agency to proceed.

The minutes of conducting certain investigative activities of the Prosecutor's Office as prescribed in this Section must be included in the case file.

15. The Prosecutor may propose investigation requirements during the investigation process.

15.1. The Prosecutor must promptly exchange with the Investigator assigned to investigate the case about issues that need immediate investigation from the time of supervising the initiation of criminal proceedings, examining the crime scene, and throughout the investigation process, ensuring coordination for the Investigation Agency to quickly collect all necessary evidence and materials of the case.

The Prosecutor may directly propose investigation requirements orally during the supervision of examining the crime scene, searching premises, interrogating suspects, taking statements from witnesses and victims, confrontation, and reenactment of the investigation. For other cases when proposing investigation requirements, the Prosecutor must provide a written document clearly stating the issues that need investigation to consolidate evidence or to clarify circumstances related to the matters that must be proven in criminal cases as stipulated in Article 63 of the Criminal Procedure Code. In cases involving key and complex cases, the Prosecutor must seek guidance from the Chief Prosecutor or Deputy Chief Prosecutor before signing the document requesting investigation.

15.2. The Investigator assigned to investigate the case must study and conduct investigations on the issues requested by the Prosecutor; if necessary, they should discuss with the Prosecutor to clarify the contents of those requests. In case of disagreement, the Investigator reports to the Head or Deputy Head of the Investigation Agency; the Prosecutor reports to the Chief Prosecutor or Deputy Chief Prosecutor to unify the direction of the investigation. If the Investigation Agency does not implement the investigation requirements of the Prosecutor's Office, the reasons must be clearly stated in the Investigation Conclusion Report, thereby avoiding the prolongation of the case resolution due to returning the file for supplementary investigation.

16. The use of detention orders by the Investigation Agency during the prosecution stage

 (Article 166)

16.1. When transferring the file to the same-level Prosecutor's Office while the suspect's detention period is still valid, the Investigation Agency must inform the Detention Center Warden and the Temporary Detention House Director where the suspect is being detained to facilitate the Prosecutor's questioning of the suspect.

16.2. Immediately upon receiving the case file, the Prosecutor must check the suspect's detention period to report to the Chief Prosecutor or Deputy Chief Prosecutor to decide as follows:

a. If the detention period remains valid and is equal to or longer than the prosecution period for each offense as stipulated in Clause 1 of Article 166 of the Criminal Procedure Code and it is deemed necessary to continue detaining the suspect, the Prosecutor's Office will use the detention order issued by the Investigation Agency without issuing a new detention order.

b. If the detention period remains valid but is insufficient to complete the prosecution, five days before the end of the detention period, the Prosecutor must report to the Chief Prosecutor or Deputy Chief Prosecutor to issue a new detention order. The new detention period shall be calculated from the last day of detention recorded in the Investigation Agency's detention schedule and shall not exceed the prosecution period for each offense as stipulated in Clause 1 of Article 166 of the Criminal Procedure Code (excluding the detention period already served since the date the Prosecutor's Office received the case file). After the Prosecutor's Office issues the new detention order, it must immediately transfer it to the Detention Center Warden and the Temporary Detention House Director where the suspect is being detained.

Example: On February 1, 2004, the Prosecutor's Office received a case file requesting prosecution against suspect A for a serious offense, and A was under detention according to the Investigation Agency's detention order until February 15, 2004. Considering the necessity to continue detaining the suspect, on February 10, 2004, the Prosecutor must report to the Chief Prosecutor or Deputy Chief Prosecutor to issue a new detention order starting from February 16, 2004. This detention period shall not exceed 15 days (30 days is the prosecution period for serious offenses minus the 15 days A has been detained under the previous detention order, counted from February 1, 2004, the date the Prosecutor's Office received the case file).

17. The use of detention orders when returning the file for supplementary investigation while the detention period remains valid and the detention of suspects when transferring the case for investigation and prosecution within jurisdiction.

17.1. When the Prosecutor's Office returns the file for supplementary investigation and the detention period remains valid (detention order of the Investigation Agency or the Prosecutor's Office), the Investigation Agency continues to use that detention order without issuing a new one; if the remaining detention period is insufficient to conclude supplementary investigation and it is deemed necessary to continue detaining the suspect, five days before the end of the detention period, the Investigation Agency issues a new detention order and sends it to the same-level Prosecutor's Office for approval. The detention period in the new detention order is calculated consecutively from the last day of detention in the previous order and shall not exceed the supplementary detention period specified in Clause 2 of Article 121 of the Criminal Procedure Code (excluding the detention period already used by the Investigation Agency under its detention order).

17.2. When transferring the case for investigation and prosecution within jurisdiction (transferring at the same level, lower level transferring to higher level, higher level transferring to lower level, or transferring to another agency with jurisdiction), the detention of suspects falls under the jurisdiction of the receiving agency and is implemented as follows:

a. If there remains time for pre-trial detention according to the detention order or extension order from the transferring authority and it is deemed necessary to continue pre-trial detention, the receiving authority shall continue using the detention order or extension order from the transferring authority without issuing a new detention order. If the remaining time for pre-trial detention is insufficient to complete the investigation and it is deemed necessary to continue pre-trial detention of the suspect, five days before the end of that period, the investigating agency receiving the case must submit a written request to the same-level prosecution office to extend the pre-trial detention. The detention period recorded in the extension order shall be counted consecutively from the last day of detention in the detention order or extension order from the transferring authority. The maximum detention period for the suspect at the receiving authority shall not exceed the detention period specified for each offense under Article 120 of the Criminal Procedure Code (the detention period recorded in the order of the transferring authority must be deducted).

b. If there remains time for pre-trial detention according to the detention order or extension order from the transferring authority and it is deemed necessary to continue pre-trial detention, the receiving authority shall continue using the detention order or extension order from the transferring authority without issuing a new detention order. If the remaining time for pre-trial detention is insufficient to complete the prosecution and it is deemed necessary to continue pre-trial detention of the suspect, five days before the end of that period, the prosecutor of the prosecution office receiving the case must report to the Chief Prosecutor or Deputy Chief Prosecutor to issue a new detention order for the suspect. The detention period recorded in the new detention order shall be counted consecutively from the last day of detention in the detention order from the transferring authority and shall not exceed the prosecution period specified for each offense under Clause 1 of Article 166 of the Criminal Procedure Code (the time already used under the detention order of the transferring authority must be deducted).

18. Calculation of procedural deadlines in cases where the suspect commits a more serious offense, supplementary investigation of another offense.

18.1. In cases where during the investigation, it is determined that the suspect has committed a more serious offense within the same article as the offense being investigated, including cases where the charge is changed to a more serious offense under a different article, the investigation period of the case shall be calculated based on the more serious offense but must deduct the previous investigation period to ensure compliance with the investigation deadline for each offense as stipulated in Article 119 of the Criminal Procedure Code. The detention period for the suspect shall also be calculated based on the more serious offense, but must deduct the previous detention period to ensure compliance with the detention period for each offense as stipulated in Article 120 of the Criminal Procedure Code.

Example 1: During the investigation of a theft case under Clause 1 of Article 138 of the Penal Code, it is determined that the suspect's act of theft falls under the serious offense category under Clause 2 of Article 138 of the Penal Code; therefore, the investigation period and the detention period for the suspect in this theft case shall be calculated based on the serious offense and must deduct the previous investigation and detention periods.

Example 2: During the investigation of a case of intentional injury under Article 105 of the Penal Code, the decision to initiate the case and prosecute the suspect is changed to murder under Article 93 of the Penal Code; therefore, the investigation period and the detention period for the suspect shall be calculated based on the murder offense and must deduct the previous investigation and detention periods for the intentional injury offense.

18.2. In cases where during the investigation, a supplementary investigation is initiated for another offense, the investigation of the criminal acts in the case shall be conducted simultaneously and the investigation period shall be counted continuously from the decision to initiate the case for the subsequent criminal act until the completion of the investigation of all criminal acts as stipulated in Article 119 of the Criminal Procedure Code.

The detention period for the suspect in this case shall be applied separately for each offense. If the detention period for the suspect (including extensions) has expired or if the suspect was not detained for the previously prosecuted offense but it is deemed necessary to detain for the subsequently prosecuted offense, a detention order for the suspect regarding that offense shall be issued as stipulated in Article 120 of the Criminal Procedure Code.

Example: During the investigation of a theft case classified as a minor offense for two months, a supplementary investigation is initiated for the same suspect for fraud, which is also classified as a minor offense. The combined investigation period for the case shall be counted continuously from the decision to initiate the fraud case. If the suspect has not been detained or the detention period for the theft offense (including extensions) has expired and it is deemed necessary to continue detention, a detention order for the suspect regarding the fraud offense shall be issued.

19. Regarding suspension of investigation

(Article 164)

19.1. During the investigation, if sufficient grounds are found to suspend the investigation of the suspect for a particular act that has been charged, the investigating agency shall issue a decision to suspend the investigation of the suspect for that act. Before issuing the decision to suspend the investigation, the investigator must coordinate with the prosecutor to review the evidence and grounds for suspending the investigation; if insufficient grounds are found to suspend the investigation, the investigating agency shall continue the investigation; if sufficient grounds are found to prosecute, the investigating agency shall prepare an investigation conclusion recommending prosecution of the suspect.

19.2. If the suspect is currently in pre-trial detention, at least five days before issuing the decision to suspend the investigation, the investigating agency must submit a written request to the prosecution office to revoke the pre-trial detention measure and immediately release the suspect. Within three days of receiving the request from the investigating agency, the same-level prosecution office must consider and decide on revoking the pre-trial detention measure; if there is sufficient basis, it shall issue a decision to revoke the pre-trial detention measure; if there is no sufficient basis, it shall notify in writing with clear reasons and require the investigating agency to continue the investigation; if there is sufficient basis to prosecute, it shall require the investigating agency to prepare an investigation conclusion recommending prosecution of the suspect.

19.3. In case the Investigation Agency has prepared the investigation conclusion for prosecution but the file has not yet been transferred to the Prosecutor's Office and relevant parties, if upon supervising the termination of the investigation, the Prosecutor finds sufficient grounds to terminate the investigation, they shall report to the Prosecutor General or Deputy Prosecutor General of the Prosecutor's Office for their opinion, so that the Head or Deputy Head of the Investigation Agency at the same level can prepare a new investigation conclusion and issue a decision to terminate the investigation.

20. Sealing and numbering of case files during the investigation and prosecution stages

20.1. The sealing of the index number on documents in the case file before the end of the investigation shall be carried out as follows:

Files for urgent arrest, indictment initiation, indictment of suspects, and other files during the investigation process will not be numbered sequentially from the beginning due to their relevance to the arrangement of files after the end of the investigation. Therefore, to avoid loss or misplacement, each page of the documents in these files must be stamped with the index number of the Investigation Agency and accompanied by a complete list of document names, the number of pages of each document, and kept in the case file. If these files are sent to the Prosecutor's Office for approval, after the completion of the approval process, documents directly related to the approval decision or non-approval decision must be stamped with the index number of the Prosecutor's Office.

20.2. Numbering of documents in the case file after the end of the investigation shall be carried out as follows:

a. During the indictment and investigation process, all documents collected by the Investigation Agency or the Prosecutor's Office must be included in the case file according to the correct procedural sequence for indictment and investigation. After the end of the investigation, the Investigation Agency shall unify the numbering of documents in the case file once (without erasing and re-numbering multiple times) and establish a comprehensive statistical table of all documents in the case file from number 01 to the end.

b. After receiving the case file, documents collected by the Prosecutor's Office during the prosecution stage must be included in the case file and numbered sequentially following the last document number in the file transferred by the Investigation Agency; the order of the index number in the case file shall not be changed.

21. Procedures for transferring case files and evidence between the Investigation Agency and the Prosecutor's Office

21.1. When transferring the case file to the Prosecutor's Office, the Investigation Agency needs to check the case file and evidence to ensure that the file contains all listed documents and that the evidence is complete and accurate. The Investigation Agency shall directly hand over the case file to the same-level Prosecutor's Office. Upon receiving the case file, the recipient must compare the list of documents with those in the file; if the documents are complete and the procedures are correct, they shall sign for receipt; otherwise, they shall not accept it. Immediately after receiving the file, the Prosecutor's Office must record it in the registry and note the date of receipt on the cover of the file (upper left corner).

In cases where the Prosecutor's Office returns the file for supplementary investigation, it must also be handed over directly, and the Investigation Agency must record the return of the file in its registry, noting the date of returning the file to the Investigation Agency and the date of re-registration on the cover of the file.

21.2. Procedures for transferring evidence between the Investigation Agency and the Prosecutor's Office shall be carried out as follows:

a. Evidence accompanying the case file shall be transferred together with the case file. Evidence accompanying the file includes items such as fake checks, fake certificates, etc., which are portable and easy to store (such as knives, stamps, hammers, etc.) and do not fall under the provisions of points b, c, d of Clause 2, Article 75 of the Criminal Procedure Code. When the Prosecutor's Office returns the file for supplementary investigation, there is no need to transfer back the evidence unless requested by the Investigation Agency. A record of the transfer and receipt of evidence must be made with signatures from both parties and included in the case file.

b. In cases where evidence is stored in the police warehouse or the investigation agency's warehouse within the military, when issuing a prosecution decision, the Prosecutor's Office shall issue a decision to transfer the evidence from the police warehouse or the military investigation agency's warehouse to the enforcement agency's evidence warehouse, and simultaneously notify the enforcement agency at the same level in writing. Within two days of receiving the evidence transfer decision, the police or military investigation agency managing the evidence must hand over the evidence to the enforcement agency at the same level and transfer the evidence transfer record between the two agencies to the Prosecutor's Office to include in the case file.

22. Implementation of certain provisions of this Circular by agencies assigned to conduct some investigative activities

22.1. In cases where the head of an agency assigned to conduct some investigative activities revokes decisions without basis or contrary to the law made by the deputy, or changes the deputy's actions in criminal investigations, it shall be implemented according to the provisions of Sections 1 and 2 of this Circular.

22.2. Agencies assigned to conduct some investigative activities, after issuing a decision to initiate a case or a decision not to initiate a case, and applying preventive measures within their authority, must immediately send these decisions to the competent Prosecutor's Office for prosecution to handle according to the provisions of Sections 3 and 4 of this Circular. In cases where the agency revokes a decision not to initiate a criminal case, the competent Prosecutor's Office shall issue a decision to initiate a criminal case and request the agency to transfer all related documents to the competent Investigation Agency to conduct the investigation.

22.3. The file requesting the Prosecutor's Office to approve the urgent arrest warrant for persons specified in points b, c of Clause 2, Article 81 of the Criminal Procedure Code, and the examination and approval of the decision to indict suspects by the Border Guard, Customs, and Forest Rangers assigned to conduct some investigative activities shall be handled according to the provisions of Sections 3 and 7 of this Circular.

22.4. The procedures for agencies assigned to conduct some investigative activities to seal the index number, number the index number of the case file, and transfer the case file and evidence to the Prosecutor's Office or to the competent Investigation Agency shall be carried out according to the provisions of Sections 20 and 21 of this Circular.

23. Effectiveness of this Circular

This Circular shall take effect fifteen days after its publication in the Official Gazette. Previous guidelines issued by the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense that are inconsistent with this Circular are hereby abolished.

During implementation, if there are any difficulties or issues not covered by the guidelines, requiring further explanation or additional guidance, they should be reported to the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense for timely clarification or supplementary guidance.