This Joint Circular provides detailed guidance on implementing certain provisions of Decree No. 82/2011/NĐ-CP regarding capital punishment by lethal injection, including procedures for receiving and burying the body of the executed person. This Circular takes effect from July 21, 2013.
Đối tượng áp dụng
Functional agencies under the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuracy
Các điểm cốt lõi
- Detailed regulations on the procedures for receiving the body of the executed person.
- Conditions under which the body of the executed person shall not be received.
- Procedures for burying the body of the executed person.
- Effectiveness and responsibility for implementing this Joint Circular.
- All previous regulations conflicting with this Circular are hereby abolished.
🌐 Tác động xã hội từ văn bản này
- Ensuring the strict enforcement of the law in the execution of capital punishment.
- Ensuring environmental hygiene and public security when organizing the burial of the executed person.
- Parents and family members of the victim have the right to be informed about whether the body can be received or not.
❓ Câu hỏi thường gặp
What contents does this Joint Circular stipulate?
Detailed guidance on implementing certain provisions of Decree No. 82/2011/NĐ-CP regarding capital punishment by lethal injection, including procedures for receiving and burying the body of the executed person.
When does this Joint Circular take effect?
This Joint Circular takes effect from July 21, 2013.
Which agencies are responsible for organizing the implementation of this Joint Circular?
Functional agencies under the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities.
Toàn văn
JOINT CIRCULAR
Guidelines for the Implementation of Capital Punishment by Lethal Injection
_________________
To ensure the correct and consistent implementation of legal provisions regarding capital punishment by lethal injection, the Minister of Public Security, the Minister of National Defense, the Minister of Health, the President of the Supreme People's Court, and the Procurator-General of the Supreme People's Procuracy issue these Joint Circulars to guide the organization of implementing capital punishment by lethal injection.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
These Joint Circulars provide guidance on the principles of implementing capital punishment, issuing decisions on the execution of capital punishment, establishing the Execution Committee for Capital Punishment, organizing the implementation of capital punishment, postponing the execution of capital punishment, files related to the execution of capital punishment, procedures for receiving and burying the bodies of those executed, and the responsibilities of the agencies: Public Security, Military, Health, Courts, and Procuracy in organizing the implementation of capital punishment by lethal injection.
Article 2. Applicability
These Joint Circulars apply to the agencies: Public Security, Military, Health, Courts, Procuracy in organizing the implementation of capital punishment by lethal injection and other relevant agencies, organizations, and individuals involved in the organization of implementing capital punishment.
Article 3. Principles of Implementing Capital Punishment
1. Compliance with legal provisions on the enforcement of criminal sentences; ensuring political, legal, diplomatic, and humanitarian policy requirements of the State in the implementation of capital punishment.
2. Ensuring promptness and timeliness; ensuring safety, thoroughness, and compliance with the law.
3. Ensuring centralized and unified direction and command of the Capital Punishment Enforcement Board; performing according to the functions, tasks, and authorities of each agency as prescribed by law.
4. The execution of capital punishment must be carried out at the designated location for capital punishment as stipulated by law.
Article 4. Budget for Implementing Capital Punishment
1. The budget for purchasing drugs for lethal injection and ensuring the implementation of capital punishment shall be provided from the state budget annually by the Ministry of Public Security, the Ministry of National Defense, provincial public security organs (referred to collectively as provincial-level public security organs), military prosecution agencies at military regions and equivalent levels (referred to collectively as military prosecution agencies at military region level) in accordance with the State Budget Law.
2. Provincial-level public security organs and military prosecution agencies at military region level are responsible for paying allowances to those participating in the execution of capital punishment according to Article 5 of Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on the implementation of capital punishment by lethal injection and funeral expenses and other costs serving the execution of capital punishment.
Chapter II
ORGANIZATION AND IMPLEMENTATION OF CAPITAL PUNISHMENT
Article 5. Issuing decisions to execute capital punishment
After reviewing the file of the person sentenced to death, confirming that the person sentenced does not fall under the cases where the death penalty cannot be applied as stipulated in Article 35 of the Criminal Code of 1999 (amended in 2009) and is not being investigated, prosecuted, or tried for another crime, the President of the Court that rendered the first-instance judgment must issue a decision to execute the sentence in accordance with Article 54 of the Law on Enforcement of Criminal Sentences.
In cases where multiple persons are sentenced to death in a single case, the President of the Court with jurisdiction must issue a decision to execute the sentence for each person sentenced to death in that case.
In cases where a person is sentenced to death multiple times by different courts, the President of the Court that rendered the final first-instance judgment sentencing the person to death is responsible for issuing a decision to execute the death sentence against that person.
Article 6. Members of the Execution Board for Capital Punishment
1. Upon receiving the document requesting the dispatch of representatives to participate in the Execution Board for Capital Punishment as stipulated in Article 55 of the Criminal Enforcement Law, the People's Procuracy at the same level, the Criminal Enforcement Agency of the Provincial Police, or the Criminal Enforcement Agency of the Military Region shall be responsible for dispatching representatives to participate in the Execution Board for Capital Punishment.
2. The Execution Board for Capital Punishment consists of:
a) The President or Vice-President of the Court that issued the decision on enforcement of the sentence as the Chairperson of the Board;
b) The representative of the People's Procuracy participating in the Execution Board for Capital Punishment is the Procurator or Deputy Procurator of the People's Procuracy at the same level;
c) The representative of the Criminal Enforcement Agency of the Provincial Police or the representative of the Criminal Enforcement Agency of the Military Region participating in the Execution Board for Capital Punishment is the Head or Deputy Head of the Criminal Enforcement Agency.
3. The Secretary of the Execution Board for Capital Punishment is a civil servant of the Court, assigned by the President of the Court with authority to issue the decision on enforcement of the sentence.
Article 7. Development of Plan for Organizing the Execution of Capital Punishment
1. Immediately after issuing the decision to establish the Execution Board for Capital Punishment, the Chairperson of the Execution Board for Capital Punishment assigns the Criminal Enforcement Agency of the Provincial Police or the Criminal Enforcement Agency of the Military Region to develop a plan for organizing the execution of capital punishment. The plan for organizing the execution of capital punishment includes the following main contents:
a) Situations related to the organization of capital punishment enforcement;
b) Objectives and requirements;
c) Assignment of tasks to members of the Capital Punishment Enforcement Board;
d) Time and location for organizing the enforcement of capital punishment;
d) Budget estimate for the execution of capital punishment;
e) Organization of the enforcement of capital punishment.
2. The plan for organizing the execution of capital punishment must be immediately sent to all members of the Execution Board for Capital Punishment.
Article 8. Meeting of the Execution Board for Capital Punishment
1. Within five working days from the date of issuance of the decision to establish the Execution Board for Capital Punishment, the Chairperson of the Execution Board for Capital Punishment must organize a meeting of the Board. The venue and time of the meeting of the Execution Board for Capital Punishment are decided and chaired by the Chairperson of the Board.
2. Members of the Execution Board for Capital Punishment must attend the meeting of the Board to unify the content of the plan, determine the time and place of execution of capital punishment, and assign responsibilities among relevant agencies and units in the execution of capital punishment.
3. At the meeting of the Execution Board for Capital Punishment, the plan for organizing the execution of capital punishment is decided.
Article 9. Implementation of the Execution of Capital Punishment
1. Based on the plan for organizing the execution of capital punishment of the Execution Board for Capital Punishment, the Criminal Enforcement Agency of the Provincial Police or the Criminal Enforcement Agency of the Military Region is responsible for developing a plan for implementing the execution of capital punishment, assigning and arranging necessary forces and means to ensure the execution of capital punishment.
2. The Chairperson of the Execution Board for Capital Punishment issues a decision or requests in writing the Department of Health of the province or central city or the Medical Department of the Military Region where the Court has issued the decision on enforcement of the sentence to dispatch doctors from hospitals under the Department of Health or hospitals under the Military Region to the location of the execution of capital punishment to assist in determining the veins of the person being executed in case of necessity.
3. In cases where the person sentenced to death is a woman, upon receipt of complete files to enforce the death sentence, the Execution Board for Capital Punishment must request the Head of the Criminal Enforcement Agency of the Provincial Police or the Head of the Criminal Enforcement Agency of the Military Region to issue an order to extract the person sentenced to death to a hospital under the Department of Health or a hospital under the Military Region where the person sentenced to death is being held to check and determine whether the person sentenced to death is pregnant or not. The examination must be recorded in writing and confirmed by the hospital conducting the examination and determination.
Article 10. Suspension of Execution of Death Sentence
The Capital Punishment Enforcement Board decides to suspend the execution of death sentence as provided for in points b and c, Clause 1, Article 58 of the Criminal Procedure Code in the following cases:
1. There is information reported by the convicted person or another individual, or obtained by the Capital Punishment Enforcement Board from other sources, which, upon examination, is deemed to be based on evidence and may fundamentally change the content of the case or serve as evidence to initiate a new case, identify a new offender, and if the death penalty were to be carried out against them, it could significantly complicate the resolution of the case or the expansion of the investigation.
2. The Capital Punishment Enforcement Board receives a request from the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the Minister of Public Security, or the Minister of National Defense to suspend the execution of the death sentence.
3. Other cases, specifically:
a. In cases where natural disasters, fires, or other objective obstacles occur that prevent the execution of the death sentence, or where the person being escorted for execution suffers an accident requiring hospitalization;
b. Execution equipment or tools are damaged; veins cannot be accessed; the wrong type, quality, quantity, or other conditions necessary to ensure the execution of the death sentence are not met;
c. The death sentence was executed according to the provisions of the law but the person subjected to the execution did not die.
Article 11. Files for Execution of Death Sentence
1. The files for execution of death sentence include the following documents:
a. In cases where the first-instance judgment is not appealed or protested through the appellate procedure and the person subject to the death sentence does not submit a petition for clemency, the file includes:
- The first-instance judgment that has become legally effective;
- Decision of the Supreme People's Court President not to protest;
- Decision of the Supreme People's Procuracy Prosecutor not to protest;
- Decision to execute the death sentence;
- Decision to establish the Capital Punishment Enforcement Board;
- Minutes of the Capital Punishment Enforcement Board meeting;
- Plan for executing the death sentence;
- Minutes of identity verification of the person subject to the death sentence;
- Forensic autopsy report of the deceased person who was executed;
- One photograph of the executed person (who has died);
- Minutes of the execution of the death sentence.
b. In cases where the first-instance judgment is not appealed or protested through the appellate procedure and the person subject to the death sentence submits a petition for clemency, the file for execution of the death sentence includes a copy of the President’s decision rejecting the petition for clemency and the documents specified in point a, Clause 1 of this Article;
c. In cases where the first-instance judgment is appealed or protested through the appellate procedure (including cases where there is an appeal or protest regarding the death sentence and cases where there is an appeal or protest regarding other decisions of the first-instance judgment) and the convicted person does not submit a petition for clemency, the file for execution of the death sentence includes:
- First-instance judgment;
- Decision of the Supreme People's Court President not to protest;
- Decision of the Supreme People's Procuracy Prosecutor not to protest;
- Decision to execute the death sentence;
- Decision to establish the Capital Punishment Enforcement Board;
- Minutes of the Capital Punishment Enforcement Board meeting;
- Plan for executing the death sentence;
- Minutes of identity verification of the person subject to the death sentence;
- Forensic autopsy report of the deceased person who was executed;
- One photograph of the executed person (who has died);
- Appellate judgment;
d. In cases where the first-instance judgment is appealed or protested through the appellate procedure (including cases where there is an appeal or protest regarding the death sentence and cases where there is an appeal or protest regarding other decisions of the first-instance judgment) and the person subject to the death sentence submits a petition for clemency, the file for execution of the death sentence includes a copy of the President’s decision rejecting the petition for clemency and the documents specified in point c, Clause 1 of this Article;
- The first-instance judgment that has become legally effective;
đ. In cases where the first-instance judgment is not appealed or protested through the appellate procedure but there is a protest decision by the Supreme People's Court President or the Supreme People's Procuracy Prosecutor and the person subject to the death sentence does not submit a petition for clemency, the file includes:
- Decision of the Supreme People's Procuracy Prosecutor not to protest;
- Decision to execute the death sentence;
- Decision to establish the Capital Punishment Enforcement Board;
- Minutes of the Capital Punishment Enforcement Board meeting;
- Plan for executing the death sentence;
- Minutes of identity verification of the person subject to the death sentence;
- Forensic autopsy report of the deceased person who was executed;
- Decision of the Supreme People's Court Plenum or Rehearing Board not to accept the protest and uphold the death sentence;
- Minutes of the execution of the death sentence;
- Minutes of verification that the person subject to the death sentence does not fall under the circumstances stipulated in Article 35 of the Penal Code (if applicable).
e. In cases where the first-instance judgment is not appealed or protested through the appellate procedure but there is a protest decision by the Supreme People's Court President or the Supreme People's Procuracy Prosecutor and the person subject to the death sentence submits a petition for clemency, the file for execution of the death sentence includes a copy of the President’s decision rejecting the petition for clemency and the documents specified in point đ, Clause 1 of this Article;
c. In cases where the first-instance judgment is appealed or protested through the appellate procedure (including cases where there is an appeal or protest regarding the death sentence and cases where there is an appeal or protest regarding other decisions of the first-instance judgment) and the convicted person does not submit a petition for clemency, the file for execution of the death sentence includes:
- First-instance judgment;
g. In cases where the first-instance judgment is appealed or protested through the appellate procedure but the appellate judgment still upholds the decision of the first-instance judgment; there is a protest decision by the Supreme People's Court President or the Supreme People's Procuracy Prosecutor and the person subject to the death sentence does not submit a petition for clemency, the file for execution of the death sentence includes:
- Decision of the Supreme People's Procuracy Prosecutor not to protest;
- Decision to execute the death sentence;
- Decision to establish the Capital Punishment Enforcement Board;
- Minutes of the Capital Punishment Enforcement Board meeting;
- Plan for executing the death sentence;
- Minutes of identity verification of the person subject to the death sentence;
- Forensic autopsy report of the deceased person who was executed;
- Decision of the Supreme People's Court Plenum or Rehearing Board not to accept the protest and uphold the death sentence;
- Minutes of the execution of the death sentence;
- Decision of the Supreme People's Court Plenum or Rehearing Board not to accept the protest and uphold the death sentence;
h. In cases where the first-instance judgment is appealed or protested through the appellate procedure but the appellate judgment upholds the decision of the first-instance judgment; there is a protest decision by the Supreme People's Court President or the Supreme People's Procuracy Prosecutor and the person subject to the death sentence submits a petition for clemency, the file for execution of the death sentence includes a copy of the President’s decision rejecting the petition for clemency and the documents specified in point g, Clause 1 of this Article.
Article 12. Execution Record of Capital Punishment
1. The Secretary of the Capital Punishment Enforcement Board shall be responsible for preparing the execution record documenting all developments during the enforcement of capital punishment.
2. The execution record of capital punishment must ensure the following contents:
The record must clearly state the hour, day, month, year, location of execution, and place where the record was made; actions taken according to the prescribed legal procedures, and the situation during the execution of capital punishment.
The record must be read aloud for the members of the Execution Council and witnesses to hear. Members of the Execution Council and witnesses must sign the record together; if anyone has different opinions or disagrees with the content of the record, they have the right to note it down and sign their name.
Article 13. Cases Where the Person Subject to Capital Punishment Dies Before Being Brought to Execution
1. During the detention period awaiting execution (where there is a Decision on Execution of Capital Punishment), if the person subject to capital punishment dies before being brought to execution, the Execution Council must immediately notify the Investigative Agency and the competent Procuracy to determine the cause of death. After completing the procedures to determine the cause of death and obtaining permission from the competent authority, the Chairman of the Execution Council shall entrust the Criminal Enforcement Agency of the Provincial Public Security Service or the Military Zone Criminal Enforcement Agency where the decision on execution of capital punishment was issued with the responsibility to organize burial.
2. In cases where the person subject to capital punishment dies during escort to the execution site, the Execution Council must inform the location of the execution site and simultaneously notify the Investigative Agency and the competent Procuracy at the place where the person died to proceed with the procedures as prescribed by law. After completing the procedures to determine the cause of death and obtaining permission from the competent authority, the Chairman of the Execution Council shall entrust the Criminal Enforcement Agency of the Provincial Public Security Service or the Military Zone Criminal Enforcement Agency where the decision on execution of capital punishment was issued with the responsibility to organize burial.
3. Funeral expenses for the person subject to capital punishment who dies before being brought to execution shall be implemented in accordance with Article 9 of Decree No. 82/2011/NĐ-CP dated September 16, 2011 of the Government on the enforcement of capital punishment by lethal injection.
Chapter III
RESPONSIBILITIES OF THE AUTHORITIES IN THE ENFORCEMENT OF CAPITAL PUNISHMENT
ENFORCEMENT OF CAPITAL PUNISHMENT SENTENCES
Article 14. Responsibilities of the Criminal Enforcement Agency of the Provincial Public Security Service
1. Implement in accordance with the provisions of Article 11 of Decree No. 82/2011/NĐ-CP dated September 16, 2011 of the Government on the enforcement of capital punishment by lethal injection.
2. Coordinate with the Detention Center where the person subject to capital punishment is detained in accordance with the provisions of Article 13 of Decree No. 82/2011/NĐ-CP dated September 16, 2011 of the Government on the enforcement of capital punishment by lethal injection.
3. Request the Case File Department to assign personnel to take fingerprints, compare with the original and copy to confirm the correct identity of the person subject to capital punishment before execution.
4. Request the Forensic Technical Department to conduct forensic examinations, take photographs, and assign forensic doctors to perform forensic duties as required by the Chairman of the Execution Council.
5. Request the Logistics and Technical Department to prepare equipment, funds, and facilities to serve the execution work and pay allowances to those participating in the execution of capital punishment in accordance with regulations.
6. Direct the county-level police force where the capital punishment is enforced to arrange forces and means to cooperate in implementing the enforcement of capital punishment.
7. Develop plans to organize the execution of capital punishment, implement and deploy execution plans and schemes as assigned by the Execution Council; assign tasks to forces participating in the execution of capital punishment.
8. Report to the Director of the Provincial Public Security Service to strengthen Mobile Police forces or other functional forces to support the execution of capital punishment when necessary.
Article 15. Responsibilities of Provincial People's Courts and Military Region People's Courts
1. Implement Article 54 of the Criminal Enforcement Law.
2. Notify the relatives or lawful representatives of the person sentenced to death of their right to write an application to receive the body of the deceased according to point a, Clause 1, Article 60 of the Criminal Enforcement Law.
3. Notify the Criminal Enforcement Agency of the Provincial Public Security or the Military Region Criminal Enforcement Agency about the case where the relatives or lawful representatives of the person who has been executed are allowed to receive the body for burial.
Article 16. Responsibilities of Provincial People's Procuracy and Military Region People's Procuracy
1. The Procurator, Deputy Procurator, or Procurator of the Provincial People's Procuracy or Military Region People's Procuracy shall be responsible for participating in the Death Penalty Enforcement Board.
2. Supervise the compliance with laws by the Provincial People's Court and Military Region People's Court in issuing the Decision to enforce the death penalty.
3. Supervise the compliance with laws by the Provincial People's Court and Military Region People's Court, the Criminal Enforcement Agency of the Provincial Public Security, and the Military Region Criminal Enforcement Agency regarding granting or refusing permission to receive the body of the person who has been executed.
4. Supervise the compliance with laws by the Death Penalty Enforcement Board on procedures and formalities during the enforcement process, supervise the activities of the Criminal Enforcement Agency of the Provincial Public Security and Military Region Criminal Enforcement Agency and the officers directly enforcing the death penalty according to the provisions of the law.
Article 17. Responsibilities of the Military Region Criminal Enforcement Agency
1. Implement Article 15 of Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on the execution of the death penalty by lethal injection.
2. Direct the Detention Center where the person sentenced to death is held to implement Article 16 of Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on the execution of the death penalty by lethal injection.
3. Propose the business file agency to assign staff to take fingerprints for comparison with the original prints to confirm the correct identity of the person executing the death penalty before the execution; photograph and record the last words of the person sentenced to death to send back to the relatives and family of the person sentenced to death.
4. Process the request for the Military Medical Institute to assign forensic doctors to perform the required examination at the request of the Chairman of the Death Penalty Enforcement Board.
5. Propose the Logistics and Technical Unit to prepare means, financial guarantees, material facilities to serve the execution work and settle the allowances for officers and soldiers participating in the execution of the death penalty.
6. Approve and organize the implementation of plans and schemes for the execution of the death penalty; assign tasks to forces participating in the execution of the death penalty.
7. Report to the Commander of the Military Region and the Criminal Enforcement Management Agency of the Ministry of National Defense on strengthening support forces for the execution of the death penalty when necessary and the results of the execution of the death penalty.
Article 18. Responsibilities of Health Agencies
1. The Ministry of Health shall be responsible for directing the Drug Administration Bureau to ensure the supply of drugs to serve the execution of the death penalty according to Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on the execution of the death penalty by lethal injection and Decree No. 47/2013/ND-CP dated May 13, 2013 of the Government amending and supplementing some articles of Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on the execution of the death penalty by lethal injection.
2. The Department of Health of provinces and centrally governed cities, the General Department of Preventive Medicine - Ministry of National Defense shall be responsible for directing hospitals to implement the provisions at point a and point b, Clause 3, Article 19 of Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on the execution of the death penalty by lethal injection.
Chapter IV
PROCEDURES FOR RECEIVING AND BURIAL OF THE BODY OF A PERSON
WHO HAS BEEN EXECUTED BY DEATH PENALTY
Article 19. Cases where the corpse of a person who has been sentenced to death shall not be accepted for collection
1. A person who has been sentenced to death commits one of the offenses infringing national security, offenses disrupting peace, crimes against humanity, and war crimes as provided for in the Penal Code.
2. A person who has been sentenced to death suffers from a communicable disease as prescribed at point a and point b, Clause 1, Article 3 of the Law on Prevention and Control of Communicable Diseases.
3. The person requesting to collect the corpse of a person who has been sentenced to death is not a relative or a lawful representative of the person who has been sentenced to death.
Article 20. Procedure for submitting an application to collect the corpse
1. Within three working days from the date of issuance of the decision to execute the death sentence, the Chief Justice of the Court that issued the decision to execute the death sentence must notify the relatives or the lawful representatives of the person sentenced to death so they can submit an application to collect the corpse of the person who has been sentenced to death.
2. The application to collect the corpse of the person sentenced to death must be submitted to the Chief Justice of the Court that issued the notification prescribed in Clause 1 of this Article within three working days from the date of receipt of the notification. The application for collecting the corpse for burial must ensure the contents prescribed at point a, Clause 1, Article 60 of the Law on Enforcement of Criminal Penalties.
Article 21. Resolution of the matter of accepting the collection of the corpse
1. Within three working days from the date of receipt of the application to collect the corpse for burial of the relatives or the lawful representatives of the person sentenced to death, the Chief Justice of the Court that issued the decision to execute the death sentence must notify in writing whether the application to collect the corpse for burial is accepted or not. If the application is not accepted, the reasons must be clearly stated.
2. Three working days before the execution of the death sentence, the Chief Justice of the Court that issued the decision to execute the death sentence must notify in writing the Criminal Enforcement Agency of the Provincial Public Security Office or the Military Zone Criminal Enforcement Agency to handle the matter of collecting the corpse of the person who has been sentenced to death for burial or organize the burial of the person who has been sentenced to death in accordance with the law.
3. The resolution of the matter of accepting the collection of the corpse of the person who has been sentenced to death shall be carried out in accordance with the provisions of Clause 1, Article 60 of the Law on Enforcement of Criminal Penalties.
4. In cases where the Chief Justice of the Court that established the Death Sentence Execution Board accepts the collection of the corpse of the person who has been sentenced to death, but during the implementation of the death sentence execution, the Death Sentence Execution Board finds that the collection of the corpse does not ensure security and order, the Death Sentence Execution Board decides not to accept the collection of the corpse of the person who has been sentenced to death, and simultaneously assigns the Criminal Enforcement Agency of the Provincial Public Security Office or the Military Zone Criminal Enforcement Agency to organize the burial in accordance with the law.
5. The handover and acceptance of the corpse of the person who has been sentenced to death must be documented in writing and signed by both parties. The organization of the handover and acceptance of the corpse of the person who has been sentenced to death shall not be conducted at night (from 10 PM the previous day to 6 AM the following day).
Article 22. Burial of the person who has been sentenced to death
1. The organization of the burial of the person who has been sentenced to death must ensure environmental hygiene requirements, security, order, and not violate local customs and traditions, and other relevant legal provisions.
2. The Criminal Enforcement Agency of the Provincial Public Security Office, the Military Zone Criminal Enforcement Agency must notify the People's Committee of the commune, ward, town where the place of execution of the death sentence is located to designate a cemetery or burial site for the person who has been sentenced to death and to process the death registration for the person who has been sentenced to death. Within three days from the date of receipt of the notification from the Criminal Enforcement Agency of the Provincial Public Security Office, the Military Zone Criminal Enforcement Agency, the People's Committee of the commune, ward, town where the place of execution of the death sentence is located must send a written notification about the burial site of the person who has been sentenced to death to the Criminal Enforcement Agency that issued the notification.
3. Within three days from the date of execution, the Criminal Enforcement Agency of the Provincial Public Security Office or the Military Zone Criminal Enforcement Agency must notify the relatives or the representatives of the person who has been sentenced to death, and simultaneously transfer money and other property items related to the person who has been executed (if any). The handover and acceptance must be documented according to regulations.
The consolidated document takes effect from July 21, 2013. All previous regulations and guidelines issued by the Minister of Public Security, the Minister of Defense, the Minister of Health, the Chief Justice of the Supreme People's Court, and the Prosecutor General of the Supreme People's Procuratorate that conflict with this consolidated document are hereby abolished.
Chapter V
IMPLEMENTING PROVISIONS
Article 23. Effectiveness of Implementation
Relevant agencies under the Ministry of Public Security, the Ministry of Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuratorate, within their respective functions, tasks, and authorities, are responsible for organizing the implementation and guiding the inspection of the implementation of this consolidated document.
Article 24. Responsibility for Implementation
During the implementation of this consolidated document, if there are any difficulties, agencies, units, and localities should report to the Ministry of Public Security, the Ministry of Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuratorate for timely guidance./.
During the implementation of the Circular, if there are any difficulties, the relevant agencies, units, and localities shall report to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuratorate for timely guidance./.
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