Joint Circular No. 05/2005/TTLT/VKSTC-BCA-BQP on the relationship and coordination between Investigative Agencies and Public Prosecution Offices in implementing certain provisions of the Criminal Procedure Code 2003.

JOINT CIRCULAR

REGARDING THE RELATIONSHIP AND COOPERATION BETWEEN INVESTIGATION AUTHORITIES AND PROSECUTION OFFICES IN THE MATTER OF

implementation ofCERTAIN PROVISIONS OF THE CRIMINAL PROCEDURE CODE 2003

In order for investigation authorities and prosecution offices at all levels to 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 Prosecution Office, the Ministry of Public Security, and the Ministry of National Defense have jointly issued the following guidance:

1. REGARDING THE CHANGE OR CANCELLATION OF DECISIONS WITHOUT BASIS AND CONTRARY TO LAW BY THE DEPUTY HEAD OF THE INVESTIGATION AUTHORITY (POINT d CLAUSE 1 ARTICLE 34)

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

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

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

2. REGARDING THE CHANGE OF INVESTIGATOR, DEPUTY HEAD, HEAD OF THE INVESTIGATION AUTHORITY; PROSECUTOR, DEPUTY CHIEF PROSECUTOR, CHIEF PROSECUTOR OF THE PROSECUTION OFFICE (ARTICLE 44 AND ARTICLE 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 Authority to consider replacing the Investigator or to request the Chief Prosecutor of their own Prosecution Office to consider requesting the Head of the Investigation Authority to replace the Investigator. Within three days from receiving the Prosecutor's request or the written request of the Chief Prosecutor of the same-level Prosecution Office, if there is sufficient basis, the Head of the Investigation Authority must issue a decision to replace the Investigator; if there is no sufficient basis, a written notification stating the reasons must be provided to the same-level Prosecution Office.

In the case of replacing the Deputy Head of the Investigation Authority, the Head of the Investigation Authority decides to assign another Deputy Head or directly proceeds with the case themselves, while simultaneously informing the same-level Prosecution Office about this assignment.

2.2. If the Head of the Investigation Authority at the district level, the Head of the Military Investigation Authority in the region, the Head of the Investigation Authority at the provincial level, or the Head of the Military Investigation Authority at the military zone level is replaced or refuses to proceed with the case due to one of the circumstances stipulated in Clause 1 Article 44 of the CPC, based on Clause 2 of this provision, the Investigation Authority requests the same-level Prosecution Office to issue a decision transferring the case to the superior Investigation Authority for 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 Authority is replaced or refuses to proceed with the case, then the leadership of the Ministry (Ministry of Public Security, Ministry of National Defense, Chief Prosecutor of the Supreme People's Prosecution Office, Chief Prosecutor of the Central Military Prosecution Office) decides to have a Deputy Head of the Investigation Authority proceed with the case.

The decision to replace the Investigator, Deputy Head, or Head of the Investigation Authority must be sent to the same-level Prosecution Office 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 Authority proposes the reasons clearly for the same-level Prosecution Office to consider replacing the Prosecutor. Within three days from receiving the Investigation Authority's proposal, 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 provided to the Investigation Authority.

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 themselves, while simultaneously informing the same-level Investigation Authority about this replacement or assignment.

2.4. When there is sufficient basis for replacement or refusal to proceed with the case due to one of the circumstances stipulated in Clause 2 Article 45 of the CPC, the Chief Prosecutor of the Prosecution Office may not proceed with the case; if they have already proceeded, the Prosecution Office reports to the Chief Prosecutor of the superior Prosecution Office to issue a decision assigning another Deputy Chief Prosecutor of the Prosecution Office where the Chief Prosecutor was replaced to proceed with the case and inform the Investigation Authority handling the case. In this situation, the superior Prosecution Office is responsible for supervising and directing the Prosecution Office to exercise public prosecution and supervise the investigation of the case.

The decision to replace and assign Prosecutors, Deputy Chief Prosecutors, and Chief Prosecutors must be sent to the Investigation Authority handling the case to include in the case file.

3. Regarding the grounds for arrest files in urgent cases and the procedure for approving urgent arrest orders (Article 81)

3.1. An urgent arrest may only be made when there is sufficient evidence to prove that the urgent arrest falls under one of the circumstances specified in Clause 1 of Article 81 of the Criminal Procedure Code. If the urgent arrest is made according to point a of Clause 1 of this Article, then the file must include evidence proving the grounds that the person is preparing to commit a very serious crime or a particularly serious crime. If the urgent 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 present at the scene who has personally seen and confirmed that the person committed the crime, along with other documents or grounds indicating that the person will flee. If the urgent 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 place of residence or workplace.

It should be noted that to correctly determine whether the person may flee as provided in points b and c of Clause 1 of Article 81 of the Criminal Procedure Code, the authority issuing the urgent arrest order and the Prosecutor's Office when reviewing the approval of the urgent arrest order must base their assessment and evaluate comprehensively 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 practical experience showing that criminals often flee in cases of theft, fraud, robbery, murder, illegal drug trafficking...

3.2. In cases of delegated urgent arrest, immediately after the completion of the urgent arrest, the investigative agency entrusted must notify the investigative agency that delegated the arrest 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 urgent arrest to the same-level Prosecutor's Office for review and approval.

3.3. The file requesting the Prosecutor's Office to review and approve the urgent arrest order includes the following documents:

a) A letter requesting the Prosecutor's Office to approve the urgent arrest order;

b) The urgent arrest order, which must clearly state the urgent arrest situation according to Clause 1 of Article 81;

c) The record of urgent arrest;

d) Reports, accusations of crimes; recommendations for prosecution from state agencies;

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

e) Documents about the background of the arrested person;

g) The statement of the urgently arrested person (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 Prosecutor's Office to review and approve the urgent arrest order must comply with the provisions of Clause 4 of Article 81 of the Criminal Procedure Code. If it is necessary to directly meet and question the arrested person or in cases where multiple urgent arrests need to be approved simultaneously or the case involves many complex circumstances, this period shall not exceed 12 hours from the time the Prosecutor's Office receives the file requesting review and approval. The 12-hour review 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 Prosecutor's Office for review and approval. On holidays or outside regular working hours, the Prosecutor's Offices at all levels must assign Prosecutors to be on duty at their premises to perform the task.

3.5. In cases where necessary, the Prosecutor's Office must directly meet and question the arrested person before considering the decision to approve or not approve the urgent arrest order as stipulated in Clause 4 of Article 81, which is when, upon studying the file, there are signs of abuse of the urgent arrest or the evidence in the urgent arrest file does not clearly show the grounds for urgent arrest or there are contradictions.

When it is necessary to meet and question the urgently arrested person, the Prosecutor must notify in advance so that the investigative agency can create conditions for the Prosecutor to perform the task or to coordinate during the process of meeting and questioning the arrested person.

The record of the statement of the arrested person, established 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 urgent arrest or receiving an arrested person in a wanted case (Article 83)

4.1. Based on Clause 1 of Article 83 of the Criminal Procedure Code, within 24 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 temporary detention decision or release the arrested person without waiting for the Prosecutor's Office to approve the urgent arrest order. Therefore, if the investigative agency releases the arrested person, they must immediately inform the Prosecutor's Office not to approve the urgent arrest order; if the investigative agency has issued a temporary detention decision but lacks grounds to approve the urgent arrest order, the Prosecutor's Office requests the investigative agency to issue a decision to revoke the temporary detention and immediately release the temporarily detained person.

4.2. For persons arrested in a wanted case, the investigative agency receiving the arrested person must take statements, establish a description form, photograph the arrested person, and immediately send a notification along with the description form and photo of the person to the agency that issued the wanted order to come and receive the arrested person.

If it is determined that the agency issuing the wanted order cannot immediately receive the arrested person, the investigative agency receiving the arrested person must issue a temporary detention decision and immediately send the temporary detention decision to the same-level Prosecutor's Office. If the agency issuing the wanted order still has not received the arrested person, at least 12 hours before the end of the temporary detention period, the investigative agency receiving the arrested person must transfer the file along with a letter requesting the same-level Prosecutor's Office to extend the temporary detention of 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 of Article 87 of the Criminal Procedure Code.

4.3. After receiving the notification accompanied by the name list, photograph of the person arrested, the agency that issued the arrest warrant must immediately check to determine whether it is indeed the person being sought; if confirmed, they shall promptly go to the investigating agency that received the arrested person to take custody of the arrested person; if not, they must immediately notify to have the investigating agency release the person from custody. In cases where immediate receipt of the arrested person is not possible, the agency that issued the arrest warrant with authority to arrest for temporary detention must immediately issue a detention order and send it along with the arrest warrant to the same-level People's Procuratorate for approval.

If a person serving a prison sentence escapes from the place of confinement, the Warden of the prison shall issue an arrest warrant, conduct initial investigative activities, and transfer the file to the competent investigating agency to handle the case according to Article 23 of the Ordinance on Criminal Investigation Procedures.

The time limit for the People's Procuratorate 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 arrest warrant can promptly send the detention order along with the approved detention order to the investigating agency to receive the arrested person.

4.4. Upon receiving the detention order approved by the People's Procuratorate, the investigating agency receiving the arrested person shall immediately escort 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 arrest warrant must be recorded in a record according to Article 95 of the Code of Criminal Procedure. The record shall include the statement of the arrested person, the decision on temporary detention, the decision to extend temporary detention, the decision approving the extension of temporary detention, the detention order, and the decision approving the detention order of the People's Procuratorate, other related documents, and the handover record must be included in the case file.

5. Approval of the detention order in the case of a person under temporary detention who is indicted (Clause 3, Article 88)

5.1. To ensure that during the time the People's Procuratorate examines and approves the detention order for a person under temporary detention who is indicted, the period of temporary detention remains within the limit, at least twelve hours before the expiration of the temporary detention period or its extension, the investigating agency must submit the file requesting approval of the indictment decision and the request for approval of the detention order to the same-level People's Procuratorate. Once the file has been transferred to the People's Procuratorate for examination and approval, if there are additional documents, the investigating agency must immediately transfer them to the People's Procuratorate to serve the timely examination and approval.

In this case, the examination and approval of the indictment decision is conducted concurrently with the examination and approval of the detention order for the indicted person. If there is insufficient basis to indict but there is sufficient basis to extend temporary detention, the People's Procuratorate will require the investigating agency to issue a decision to extend temporary detention and immediately send it to the People's Procuratorate 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 Procuratorate for examination and approval of the indictment decision.

If the People's Procuratorate does not approve, it shall issue a decision to revoke the indictment decision and require the investigating agency to immediately release the person under temporary detention. In cases of extended temporary detention, if not approved, the People's Procuratorate shall issue a decision to revoke the indictment decision and issue a decision to release the person under temporary detention.

If the indictment of the accused is deemed justified but there is no need for detention, the People's Procuratorate shall 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 accused.

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

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

b) Decision on temporary detention, decision to extend temporary detention (if any); detention order for the indicted person;

c) Decision to initiate criminal proceedings, indictment decision;

d) Record of the indictment decision signed or marked by the accused;

đ) Record of the statement of the person under temporary detention, record of interrogation of the accused (if any);

e) Documents proving the criminal act of the accused;

g) Documents about the personal background of the accused;

h) A list of documents in the file and each page of the documents stamped by the investigative agency.

6. The period of temporary detention is deducted from the period of detention 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 period of temporary detention must be deducted from the period of detention for investigation. If detention is continuous with temporary detention, the period of detention is calculated from the last day of the temporary detention period, without overlapping the detention period over the temporary detention period.

According to Article 96 of the Code of Criminal Procedure when calculating the period of temporary detention and detention, the period ends on the date specified in the order. If the period is calculated in months, one month is considered thirty days. Therefore, when calculating the period of temporary detention and detention, it must be based on the actual period specified in the temporary detention decision and detention order and calculated continuously including holidays (Saturday, Sunday, public holidays, and Tet holiday) if the period of temporary detention and detention coincides with a holiday. One month must be calculated as thirty days, not according to the number of days in a short month (28 days) or a long month (31 days).

The method of recording the period in the detention order in cases where the accused was previously under temporary detention is uniformly implemented as follows: the detention period is calculated in days, starting from the day the detention order is issued and ending on the corresponding day of the month when the required detention period (after deducting the temporary detention period) expires.

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 detained for two months. Thus, the actual detention period for the accused is one month and twenty-seven days (after deducting three days of temporary detention). Therefore, the period in the detention order is recorded as: detain for fifty-seven days, from March 4, 2004, to April 29, 2004, for Nguyen Van A.

Example 2: Ms. Tran Thi B was temporarily detained for 6 days, from March 5, 2004 to March 10, 2004, then released on bail. After one month, B was indicted and arrested for pre-trial detention with a term of 2 months. Therefore, the actual pre-trial detention period for the defendant B is 1 month and 24 days (already deducted 6 days of temporary detention). Thus, the detention order states: Detain for a period of 54 days, from April 11, 2004 to June 3, 2004 for the defendant Tran Thi B.

7. Regarding the initiation of criminal cases and prosecution supervision (Articles 104, 105, and 109)

7.1. The implementation of the authority to initiate criminal cases and prosecution supervision as stipulated in Articles 104 and 105 of the Criminal Procedure Code shall be carried out as follows:

Within the time limit specified in Clause 2 of Article 103 of the Criminal Procedure Code, the Investigative Agency must examine and verify reports of crimes, accusations, and recommendations for indictment submitted by state agencies; if it determines that there are signs of a crime occurring, it shall decide to initiate a criminal case; if there is one of the grounds provided for in Article 107 of the Criminal Procedure Code, it shall issue a decision not to initiate a criminal case. Within 24 hours from the date of issuing the decision to initiate or not initiate a criminal case, the Investigative Agency must send the decision along with related documents to the same-level Prosecution Office.

Within three days from the date of receiving the decision to initiate or not initiate a criminal case and related documents, if sufficient grounds are found, the Prosecution Office must notify the Investigative Agency in writing; if insufficient grounds are found, it must request the Investigative Agency to supplement evidence and materials in writing. In cases where there is clear evidence showing that the decision to initiate or not initiate a criminal case is without basis, the Prosecution Office must request the Investigative Agency to revoke the decision; if the Investigative Agency does not agree, the Prosecution Office shall issue a decision to revoke the decision based on Clause 2 of Article 109 of the Criminal Procedure Code.

7.2. Criminal 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 when there is a request from the victim or the legal representative of the victim who is a minor, mentally or physically disabled person. The request for indictment by the victim or their representative is shown by a signed or fingerprinted petition; if the victim or their representative directly presents the request, the Investigative Agency and the Prosecution Office must record the content of the request for indictment in a written statement and require them to sign or fingerprint it. The written statement prepared by the Prosecution 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 indictment immediately after the criminal case is initiated, the Investigative Agency shall issue a decision to revoke the decision to initiate the criminal case and notify the same-level Prosecution Office in writing; if the investigation has already begun or concluded, the Investigative Agency shall issue a decision to terminate the investigation; if the case file has been transferred to the Prosecution Office, the Prosecution Office shall issue a decision to terminate the case.

In cases where it is determined that the withdrawal of the indictment request by the victim is contrary to their will due to coercion or force, the Investigative Agency and the Prosecution Office may still continue the proceedings against 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 decision to change or supplement the decision to initiate a criminal case by the Investigative Agency lacks sufficient grounds or is without basis, the Prosecution Office shall request the Investigative Agency to supplement evidence and materials or revoke the decision; if the Investigative Agency does not agree and clearly lacks grounds for the change or supplementation, the Prosecution Office shall issue a decision to revoke the decision based on Clause 5 of Article 112 of the Criminal Procedure Code.

If there are sufficient grounds to change or supplement the decision to initiate a criminal case, the Prosecution Office shall request the Investigative Agency to issue a decision; if the Investigative Agency does not agree after the request, the Prosecution Office shall issue a decision to change or supplement the decision to initiate a criminal case within 24 hours 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 may only be changed in cases of changing the charge. The change of the decision to initiate a criminal case shall not be applied if, through investigation, it is determined that the accused's act constitutes a more serious offense under the same charge.

Example: A decision to initiate a criminal case for theft under Clause 1 of Article 138 of the Penal Code (a less serious offense), upon investigation, it is determined that the accused's act constitutes theft under Clause 2 of Article 138 of the Penal Code (a serious offense); therefore, there is no need to issue a decision to change the decision to initiate the criminal case.

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 requests and decisions at Points 1, 2, and 3 of Article 112 of the Criminal Procedure Code. For requests and decisions at Points 4, 5, and 6 of Article 112 of the Criminal Procedure Code, if they do not agree, the Investigative Agency must still comply but have the right to report to the superior Investigative Agency and make recommendations to the superior Prosecution Office for review and decision; if it is a central-level Investigative Agency, it shall make recommendations to the Chief Prosecutor of the Supreme People's Prosecution Office and the Chief Prosecutor of the Central Military Prosecution Office for review and decision.

Within twenty days from the date of receipt of the recommendation from the Investigative Agency, if they agree, the superior Prosecution Office shall revoke the decision of the subordinate Prosecution Office; if they disagree, they shall notify the Investigative Agency that made the recommendation and the subordinate Prosecution Office in writing, stating the reasons. The resolution of the superior Prosecution Office, the decision of the Chief Prosecutor of the Supreme People's Prosecution Office, and the decision of the Chief Prosecutor of the Central Military Prosecution Office are final decisions.

10. Regarding Transfer of Cases for Investigation According to Jurisdiction (Article 116)

10.1. Pursuant to Article 116 of the Criminal Procedure Code, where a case does not fall within the jurisdiction of the Investigating Agency, such agency must request the People's Procuracy at the same level to issue a decision transferring the case to the Investigating Agency with jurisdiction to continue the investigation. Where the People's Procuracy finds that the case does not fall within the jurisdiction of its own Investigating Agency, it shall require the Investigating Agency to undertake procedures for the People's Procuracy to issue a decision transferring the case to the competent authority. Within three days from the date of receipt of the Investigating Agency's proposal, the People's Procuracy at the same level must issue a decision transferring the case to the Investigating Agency with jurisdiction.

If the case needs to be transferred outside the province, city directly under the Central Government, or outside the military region, the county-level or regional Investigating Agency shall undertake procedures for the county-level People's Procuracy or the military region People's Procuracy to issue a request to the provincial-level People's Procuracy or the military region People's Procuracy to issue a decision transferring the case. If the case is proposed for transfer by the provincial-level Investigating Agency or the military region Investigating Agency, the provincial-level People's Procuracy or the military region People's Procuracy shall issue a decision transferring the case. Within three days from the date of receipt of the request for transfer of the case from the county-level People's Procuracy or the military region People's Procuracy, or from the provincial-level Investigating Agency or the military region Investigating Agency, the provincial-level People's Procuracy or the military region People's Procuracy must issue a decision transferring the case.

Within twenty-four hours from the date of issuance of the decision to transfer the case, the People's Procuracy with jurisdiction must immediately send the decision to transfer the case to the Investigating Agency, the county-level People's Procuracy, the military region People's Procuracy, the provincial-level Investigating Agency, and the military region Investigating Agency which have requested the transfer.

Within two days from the date of receipt of the decision to transfer the case, the Investigating Agency handling the case has the responsibility to immediately transfer the case file and evidence to the Investigating Agency with jurisdiction to continue the investigation. The handover of the case file and evidence must be recorded in a protocol in accordance with Article 95 of the Criminal Procedure Code, clearly stating the date on which the Investigating 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 Investigating Agency issues a decision to initiate a criminal case until the conclusion of the investigation according to the investigation period for each type of offense. Therefore, the investigation period for a case transferred for investigation according to jurisdiction continues to be counted from the date the Investigating Agency with jurisdiction receives the case file until the conclusion of the investigation, excluding the time during which the Investigating Agency requested the transfer of the case.

11. Changing or deciding to supplement the decision to indict the 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 involve the crime already indicted or the suspect has committed another criminal act, the Head, Deputy Head of the Investigating Agency, the Prosecutor-in-Charge, or Deputy Prosecutor-in-Charge of the People's Procuracy at the same level may issue a decision to change or supplement the decision to indict the suspect, but the People's Procuracy will only exercise this power upon request and if the Investigating Agency fails to implement it.

In the event of changing the decision to indict the suspect, a decision to change the decision to initiate a criminal case must be issued. For example, changing the decision to indict the suspect from the crime of abuse of trust to fraud, then the decision to initiate a criminal case regarding the crime of abuse of trust must be changed to the crime of fraud.

It should be noted that the decision to indict the 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 indicted against the suspect.

11.2. The Investigating Agency or the People's Procuracy issues a decision to supplement the decision to indict the suspect in a case that has 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 indict the suspect and considering the consolidation of the cases for joint investigation in accordance with 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 indict the suspect must be issued.

Example 1: In the case of murder and robbery, Nguyen Van A and Tran Thi B were indicted for the crimes of murder and robbery, while Nguyen Van C was indicted for the crime of murder. Through investigation, it was found that in addition to the act of murder, C also participated with A and B in the act of robbery that had been indicted, so a decision to supplement the indictment must be issued for C regarding the act of robbery.

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

Example 3: Nguyen Van A is a suspect in a murder case, but through investigation, it was found that A committed the act of killing the victim to rob them, so a decision to supplement the initiation of a criminal case must be issued, along with a decision to supplement the indictment of A for the crime of robbery.

11.3. The issuance of decisions to initiate a criminal case and indict the suspect in cases where the suspect has multiple criminal acts under the same charge and cases where the suspect commits different offenses is carried out as follows:

a) If a person commits multiple criminal acts under the same charge, only one decision to initiate a criminal case and one decision to indict the suspect for all instances of the crime must be issued. For example, Nguyen Van A repeatedly illegally traded in narcotics, only one decision to initiate a criminal case and one decision to indict A for the crime of illegal trading in narcotics must be issued in accordance with the relevant provisions of the Penal Code.

b) In case at the same time point, a person commits multiple criminal acts, only one decision to initiate a criminal investigation and one joint decision to indict shall be issued, clearly stating each charge and the corresponding provisions of the Criminal Code applied.

Example 1: Nguyen Van A simultaneously commits the acts of rape and immediately thereafter kills the victim to cover up the crime. In the decision to initiate a criminal investigation and the decision to indict against A, each criminal act, namely rape and murder, shall be clearly stated according to the relevant provisions of the Criminal Code.

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

c) If a person commits multiple criminal acts but they are discovered at different times, separate decisions to initiate a criminal investigation and to indict shall be issued for each criminal act, and depending on the circumstances, the cases may be combined according to Article 117 of the Code of Criminal Procedure. 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 had also committed robbery on July 15, 2005. In addition to issuing a decision to initiate a criminal investigation and a decision to indict for the act of theft, the Investigation Agency must also issue a decision to initiate a criminal investigation and a decision to indict B for the act of robbery.

11.4. After receiving the case file and the investigative conclusion, if it is found that there are individuals who have committed criminal acts in the case that have not been indicted, or if there is evidence indicating that the accused's criminal act does not match the indicted crime or involves other criminal acts, the Prosecutor's Office will return the case file and request the Investigation Agency to issue a decision to indict, a decision to change or supplement the indictment decision, and proceed with the investigation according to the general procedure. If the Investigation Agency fails to comply with such requests, the Prosecutor's Office will issue the decision to indict, the decision to change or supplement the indictment decision, and send them to the Investigation Agency for further investigation.

12. The handover and approval of the decision to indict, the decision to change or supplement the indictment decision (Clause 4 and Clause 6 of Article 126; Clause 2 and Clause 3 of Article 127)

12.1. Based on Clause 4 of Article 126 and Clause 2 of Article 127 of the Code of Criminal Procedure, within 24 hours from the issuance of the decision to indict, the decision to change or supplement the indictment decision, the Investigation Agency must submit these decisions along with related documents to the same-level Prosecutor's Office for examination and approval. At the same time, based on the provisions of Clause 6 of Article 126 and Clause 3 of Article 127 of the Code of Criminal Procedure, the Investigation Agency must immediately deliver the decision to indict, the decision to change or supplement the indictment decision to the accused before the Prosecutor's Office approves it. Therefore, the Prosecutor's Office has the responsibility to closely coordinate with the Investigation Agency to ensure that the examination and approval of the decision to indict, the decision to change or supplement the indictment decision are promptly and timely responded to the investigation requirements.

In cases where it is impossible to immediately deliver these decisions to the accused, such as when the accused is arrested outside to be temporarily detained or requires a search of their residence or workplace; the accused is at large; the accused is outside due to non-appearance or immediate contact,... after obtaining the approval decision from the same-level Prosecutor's Office, the Investigation Agency must immediately deliver these decisions (both the Investigation Agency's decision and the Prosecutor's Office's approval decision) to the person indicted.

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

12.2. After the Prosecutor's Office has approved the decision to indict, the Investigation Agency must take photographs, create a name index of the accused, and include them in the case file. For the accused who is at large, taking photographs and creating a name index of the accused must be done immediately upon apprehending the accused.

12.3. The time limit for examining and approving the decision to indict, the decision to change or supplement the indictment decision must be carried out in accordance with the provisions of Clause 4 of Article 126 and Clause 2 of Article 127 of the Code of Criminal Procedure. In cases where the decision to indict is examined for a person currently under temporary detention, this period shall not exceed 12 hours from the time of receiving the decision to indict and related documents. Therefore, at the latest, before the end of the temporary detention period or 12 hours before the extension of the temporary detention period, the Investigation Agency must submit the file requesting the examination and approval of the decision to indict to the same-level Prosecutor's Office.

12.4. In cases where the Prosecutor's Office directly interrogates the accused or takes statements from witnesses or victims to clarify the basis for the indictment decision before approving it, the record of statements from these individuals must be transferred to the Investigation Agency to be included in the case file. The handover of these documents between the Prosecutor's Office and the same-level Investigation Agency must be recorded in a protocol according to Article 95 of the Code of Criminal Procedure.

13. The file requesting the Prosecutor's Office to examine and approve the decision to indict, the decision to change or supplement the indictment decision.

The file includes the following documents:

a) Letter requesting examination and approval of the decision to indict, the decision to change or supplement the indictment decision;

b) Decision to initiate a criminal investigation, decision to change or supplement the initiation of a criminal investigation;

c) Decision to indict, decision to change or supplement the indictment;

d) Record of delivering the decision to indict, the decision to change or supplement the indictment decision to the accused, except for the cases specified in Point 12.1 of Section 12 of this Circular;

đ) Documents serving as the basis for indictment, changing or supplementing the indictment decision.

e) Statement record of the person suspected of committing the crime, interrogation record of the suspect (if any);

g) Statement of the arrested person, the temporarily detained person, witness, victim (if any);

h) A list of documents in the file and each page of the documents stamped by the investigative agency.

14. The Public Prosecutor's Office exercises its authority to conduct certain investigative activities when necessary (Article 112)

The investigative activities that the Code stipulates for the Public Prosecutor's Office to directly conduct when necessary, as provided for in Clause 2 of Article 112 of the Code of Criminal Procedure, include interrogating suspects, taking statements, confrontation, reenactment of the investigation, and shall be carried out as follows:

14.1. During the investigation process, when there is a request from the Investigative Agency or through supervision of the interrogation, it is discovered that the suspect claims innocence, the suspect's statements before and after are inconsistent, sometimes admitting guilt and sometimes not; the suspect has complaints about the investigation, there is ground to doubt the authenticity of the suspect's statement; in cases where the suspect is charged with particularly serious crimes, the Public Prosecutor's Office may directly meet and interrogate the suspect. When it is necessary to interrogate, the Public Prosecutor's Office must report to the Chief Prosecutor, Deputy Chief Prosecutor, and notify the Head, Deputy Head of the Investigative Agency in advance.

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

In cases where the suspect is currently under temporary detention, the Head, Deputy Head of the Investigative Agency is responsible for coordinating with the Warden of the Temporary Detention Center, the Head of the Detention House where the suspect is being temporarily detained to create conditions for the Prosecutor to carry out the interrogation of the suspect. When the Prosecutor interrogates the suspect, it must be conducted in accordance with the provisions of Articles 131 and 132 of the Code of Criminal Procedure.

14.2. During the investigation process, to ensure the accuracy of approving decisions of the Investigative Agency, the Prosecutor may summon and take statements from witnesses, victims, civil plaintiffs, civil defendants, persons with rights and obligations related to the case. Before taking statements, the Prosecutor must notify the Head, 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 Public Prosecutor's Office, if it is deemed necessary to supplement evidence, the Prosecutor may summon and take statements from witnesses, victims, civil plaintiffs, civil defendants, persons with rights and obligations related to the case. The summoning and taking of statements from these individuals must be carried out in accordance with the provisions of Articles 133, 135, and 136 of the Code of Criminal Procedure.

14.3. During the supervision of the investigation, if contradictions are found in the statements of the suspect, the victim, the witness, the civil plaintiff, the civil defendant, persons with rights and obligations related to the case, the Prosecutor must require the Investigator to conduct a confrontation.

The Prosecutor only conducts a confrontation in cases where there is a request from the Investigative Agency or finds that the confrontation conducted by the Investigator has not clarified the contradiction. When a confrontation is required, the Prosecutor must notify the Investigator in advance and conduct the confrontation in accordance with the provisions of Article 138 of the Code of Criminal Procedure.

During the prosecution stage, if contradictions are found in the statements of the parties involved in the proceedings, the Prosecutor may conduct a confrontation to clarify those contradictions without having to return the file to the Investigative Agency for supplementary investigation.

14.4. During the investigation process, if it is deemed necessary to conduct a reenactment of the investigation to check the contradictions between the statements of the suspect, other participants in the proceedings, and the objective reality, the Public Prosecutor's Office requests the Investigative Agency to conduct a reenactment of the investigation.

During the prosecution stage, if it is deemed necessary to conduct simple investigative scenarios through on-site reenactments that can conclude to verify evidence without having to return the file to the Investigative Agency, the Public Prosecutor's Office will directly conduct such reenactments. The reenactment of the investigation by the Public Prosecutor's Office must have witnesses present and a record made in accordance with the provisions of Article 95 of the Code of Criminal Procedure. In cases requiring reconstruction of the scene or conducting a reenactment at the scene, the file should be returned and the requirements clearly stated for the Investigative Agency to proceed.

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

15. The Prosecutor proposes investigative requirements during the investigation process.

15.1. The Prosecutor must promptly exchange with the Investigator assigned to investigate the case about issues that need to be investigated right from the supervision of the initiation of the case, examination of the scene, and during the investigation process, ensuring coordination so that the Investigative Agency quickly collects all the documents and evidence of the case.

The Prosecutor may directly propose investigative requirements orally during the supervision of the examination of the scene, search, interrogation of the suspect, taking statements from witnesses, victims, confrontation, reenactment of the investigation. For other cases when proposing investigative requirements, the Prosecutor must issue a document clearly stating the issues that need to be investigated to consolidate evidence or to clarify the circumstances related to the issues that must be proven in criminal cases as stipulated in Article 63 of the Code of Criminal Procedure. For key and complex cases, the Prosecutor must seek instructions from the Chief Prosecutor, Deputy Chief Prosecutor of the Public Prosecutor's Office before signing the document requesting the 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 must discuss with the Prosecutor to clarify the content of these requests. If there is disagreement, the Investigator reports to the Head, Deputy Head of the Investigative Agency; the Prosecutor reports to the Chief Prosecutor, Deputy Chief Prosecutor of the Public Prosecutor's Office to unify the directive on the investigation. If the Investigative Agency does not implement the investigative requirements of the Public Prosecutor's Office, the reasons must be clearly stated in the Investigation Conclusion Report, preventing the Public Prosecutor's Office from returning the file for supplementary investigation, leading to delays in resolving the case.

16. The use of detention orders by Investigative Agencies during the prosecution stage (Article 166)

16.1. In cases where case files are transferred to the same-level Prosecution Office while the detention period for the suspect still remains, the Investigative Agency must notify the Prison Director and the Head of Detention Center where the suspect is being detained to facilitate the Prosecutor's performance of questioning the suspect.

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

a) If the remaining detention period 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 Prosecution Office shall use the detention order issued by the Investigative Agency without issuing a new detention order.

b) If the remaining detention period is insufficient to complete the prosecution process, 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 detention schedule of the Investigative Agency 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 Prosecution Office received the case file). After issuing the new detention order, the Prosecution Office must immediately transfer it to the Prison Director and the Head of Detention Center where the suspect is being detained.

Example: On February 1, 2004, the Prosecution Office received a case file requesting prosecution against suspect A for a serious crime, and A was under detention according to the Investigative Agency's detention order until February 15, 2004. Considering the need 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 crimes minus 15 days of detention under the previous detention order, starting from February 1, 2004, the date the Prosecution Office received the case file).

17. The use of detention orders when returning case files for supplementary investigation and the detention of suspects when transferring cases for investigation and prosecution within jurisdiction.

17.1. In cases where the Prosecution Office returns the case file for supplementary investigation and there is still a remaining detention period (detention order issued by the Investigative Agency or the Prosecution Office), the Investigative Agency continues to use that detention order without issuing a new one; if the remaining detention period is insufficient to conclude the supplementary investigation and it is deemed necessary to continue detaining the suspect, five days before the end of the detention period, the Investigative Agency issues a new detention order and sends it to the same-level Prosecution Office for approval. The detention period in the new detention order shall be calculated from the last day of detention in the previous detention 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 Investigative Agency under its detention order).

17.2. In cases where cases are transferred for investigation and prosecution within jurisdiction (transferred at the same level, lower level to higher level, higher level to lower level, or transferred to another competent agency), the detention of suspects is the responsibility of the receiving agency and shall be carried out as follows:

a) If there is still a remaining detention period for investigation under the detention order or extension order from the transferring agency and it is deemed necessary to continue detaining the suspect, the receiving agency continues to use the detention order or extension order from the transferring agency without issuing a new one. If the remaining detention period is insufficient to conclude the investigation and it is deemed necessary to continue detaining the suspect, five days before the end of the detention period, the Investigative Agency of the receiving agency must request the same-level Prosecution Office to extend the detention period. The detention period in the extension order shall be calculated from the last day of detention in the detention order or extension order from the transferring agency. The maximum detention period for the suspect of the receiving agency shall not exceed the detention period for each offense as stipulated in Article 120 of the Criminal Procedure Code (excluding the detention period recorded in the order from the transferring agency).

b) If there is still a remaining detention period for prosecution under the detention order or extension order from the transferring agency and it is deemed necessary to continue detaining the suspect, the receiving agency continues to use the detention order or extension order from the transferring agency without issuing a new one. If the remaining detention period is insufficient to complete the prosecution process and it is deemed necessary to continue detaining the suspect, five days before the end of the detention period, the Prosecutor of the Prosecution Office of the receiving agency must report to the Chief Prosecutor or Deputy Chief Prosecutor to issue a new detention order for the suspect. The detention period in the new detention order shall be calculated from the last day of detention in the detention order from the transferring agency 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 used under the order from the transferring agency).

18. Calculation of procedural time limits in cases where the suspect commits a more serious offense or supplementary investigation is conducted for another offense.

18.1. In cases where, during the investigation, it is determined that the suspect has committed a more serious offense under the same statute as the offense currently under investigation, including cases where the charge is changed to a more serious offense under a different statute, the investigation period for the case shall be calculated based on the more serious offense but must deduct the time already spent investigating, ensuring compliance with the investigation period 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 time already spent detaining the suspect, ensuring 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 classified as a less serious crime under Clause 1, Article 138 of the Criminal Code, it is determined that the theft act of the suspect falls under a serious crime under Clause 2, Article 138 of the Criminal Code; therefore, the investigation period and the detention period of the suspect in this theft case shall be calculated according to a serious crime and must deduct the time already investigated and the time the suspect was detained previously.

Example 2: During the investigation of a case involving intentional infliction of injury under Article 105 of the Criminal Code, the decision to initiate criminal proceedings and the decision to indict the suspect for the crime of murder under Article 93 of the Criminal Code is changed; therefore, the investigation period and the detention period of the suspect shall be calculated according to the crime of murder and must deduct the time already investigated and the time the suspect was detained previously for the crime of intentional infliction of injury.

18.2. In cases where an additional investigation is initiated for another crime while the investigation of a case is ongoing, the investigation of all criminal acts within the case shall be conducted simultaneously, and the investigation period shall continue from the date of the decision to initiate proceedings against the subsequent criminal act until the conclusion of the investigation of all criminal acts as stipulated in Article 119 of the Criminal Procedure Code.

The detention period for the suspect in such cases shall be applied separately for each crime. If the detention period for the suspect (including any extensions) has expired or if the suspect was not detained for the crime initiated first but needs to be detained for the crime initiated later, then an order to detain the suspect for the latter crime shall be issued in accordance with Article 120 of the Criminal Procedure Code.

Example: During the investigation of a theft case classified as a less serious crime for two months, subsequently an additional investigation is initiated to investigate the suspect for fraud, also classified as a less serious crime; the overall investigation period of the case shall continue from the date of the decision to initiate proceedings for the fraud. If the suspect has not been detained or the detention period for the theft has expired (including any extensions), and it is deemed necessary to continue detaining the suspect, then an order to detain the suspect for the fraud shall be issued.

19. On suspending the investigation (Article 164)

19.1. During the investigation, if sufficient grounds are established to suspend the investigation of a suspect regarding a criminal act that has been indicted, the Investigative 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 suspension; if insufficient grounds are found to suspend the investigation, the Investigative Agency shall continue the investigation; if sufficient grounds are found to prosecute, the Investigative Agency shall prepare an investigative conclusion recommending prosecution of the suspect.

19.2. In cases where the suspect is currently detained, at least five days before issuing the decision to suspend the investigation, the Investigative Agency must submit a document requesting the Procuracy to revoke the detention measure to immediately release the suspect. Within three days of receiving the request from the Investigative Agency, the Procuracy at the same level must consider and decide on revoking the detention measure; if there is sufficient basis, it shall issue a decision to revoke the detention measure; if there is no sufficient basis, it shall notify in writing with clear reasons and require the Investigative Agency to continue the investigation; if there is sufficient basis for prosecution, it shall require the Investigative Agency to prepare an investigative conclusion recommending prosecution of the suspect.

19.3. In cases where the Investigative Agency has prepared an investigative conclusion recommending prosecution but the file has not yet been transferred to the Procuracy and related persons, if during the supervision of the conclusion of the investigation, the Prosecutor finds sufficient grounds to suspend the investigation, they shall report to the Procuracy Head or Deputy Procuracy Head for their opinion, and the Head or Deputy Head of the Investigative Agency at the same level shall prepare a new investigative conclusion and issue a decision to suspend the investigation.

20. Stamping and numbering the case file in the investigation and prosecution stages

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

Emergency arrest files, indictment case files, indictment suspect files, and other files during the investigation process are not numbered sequentially from the beginning due to the need for reorganization 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 Investigative Agency's index stamp and accompanied by a complete list of document names, the number of pages of each document, and kept in the case file. If the files are sent to the Procuracy for approval, after the completion of the approval process, the documents directly related to the approval decision or the non-approval decision must be stamped with the Procuracy's index stamp.

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

a) During the initiation and investigation process, documents collected by the Investigative Agency or by the Procuracy must be included in the case file in accordance with the correct procedural sequence for initiating and investigating the case. After the end of the investigation, the Investigative Agency shall uniformly number the documents in the case file once (without erasing and rewriting multiple times) and create a comprehensive list of all documents in the case file from 01 to the end.

b) After receiving the case file, documents collected by the Procuracy 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 Investigative Agency; the order of the index numbers in the case file must not be changed.

21. Procedures for transferring case files and evidence between the Investigative Agency and the Procuracy

21.1. When transferring the case file to the Procuracy, the Investigative Agency must check the case file and evidence to ensure that the file contains all listed documents and that the evidence is complete and accurate. The Investigative Agency shall directly transfer the file to the Procuracy at the same level. When the Investigative Agency transfers the 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; if the documents are incomplete, they shall not accept the file. Immediately upon receipt, the Procuracy must record the file in its registry and note the date of receipt on the cover of the file (upper left corner).

In the case where the Prosecution returns the file for supplementary investigation, it must hand over directly and the Investigative Agency shall record the return of the file in its own registry, the date of transferring the file to the Investigative Agency and the date of re-registering shall also be recorded on the cover of the file.

21.2. The procedure for the transfer of evidence between the Investigative Agency and the Prosecution 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 those items that can be included in the case file such as fake checks, fake certificates..., light and easy-to-transport and store items (knives, stamps, hammers...) and not falling under the cases stipulated in points b, c, d, Clause 2, Article 75 of the Criminal Procedure Code. When the Prosecution returns the file for supplementary investigation, there is no need to transfer back the evidence, except when requested by the Investigative Agency. When transferring back the evidence, a written record must be made with signatures from both the transferring and receiving parties and included in the case file.

b) In the case where evidence is stored in the warehouse of the Public Security Agency or in the warehouse of the Investigative Agency within the Military, when issuing a prosecution decision, the Prosecution issues a decision to transfer the evidence from the Public Security Agency's evidence warehouse or from the Investigative Agency's warehouse within the Military to the enforcement agency's evidence warehouse, while simultaneously notifying the enforcement agency at the same level in writing. Within two days from the receipt of the evidence transfer decision, the Public Security Agency or the Investigative Agency within the Military managing the evidence shall be responsible for transferring the evidence to the enforcement agency at the same level and transferring the written record of the evidence transfer between the two agencies to the Prosecution to include in the case file.

22. Implementation of certain provisions in this Circular by the agency assigned to carry out some investigative activities

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

22.2. The agency assigned to carry out some investigative activities, after issuing a decision to initiate a case or a decision not to initiate a case, applying preventive measures within its authority, must immediately send these decisions to the competent Prosecution for prosecution to handle according to the provisions in Sections 3 and 4 of this Circular. In the case where the decision not to initiate a criminal case by the agency assigned to carry out some investigative activities is revoked, the competent Prosecution for prosecution shall issue a decision to initiate a criminal case and request the agency to transfer all related documents to the competent Investigative Agency to conduct the investigation.

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

22.4. The stamping of the file number, numbering of the file, and transferring the file and evidence of the case to the Prosecution or to the competent Investigative Agency by the agency assigned to carry out some investigative activities shall be implemented according to the provisions in Sections 20 and 21 of this Circular.

23. Effectiveness of this Circular

This Joint Circular shall take effect fifteen days from the date of publication in the Official Gazette. Previous guidelines issued by the Supreme People's Procuracy, Ministry of Public Security, and Ministry of National Defense that contradict the guidelines in this Circular shall be abolished.

During implementation, if there are difficulties or lack of guidance, requiring further explanation or additional guidance, please report to the Supreme People's Procuracy, Ministry of Public Security, and Ministry of National Defense for timely clarification or additional guidance.