Joint Circular No. 05/2018/TTLT-VKSNDTC-TANDTC-BCA-BQP on coordination among agencies in the implementation of criminal statistics

JOINT CIRCULAR

Regulations on coordination among agencies in implementing criminal statistics

Pursuant to the Law on Organization of the People's Procuracy 2014;

Pursuant to the Law on Organization of the People's Courts 2014;

Pursuant to the Law on Statistics 2015;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Procurator General of the Supreme People's Procuracy, the President of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense issue this Joint Circular regulating coordination among agencies in implementing criminal statistics.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Joint Circular regulates coordination among the People's Procuracy, People's Courts, Public Security Organs, and Military Organs in activities of compiling, comparing, and submitting reports on criminal statistics.

Clause 2. Criminal statistics as provided for in Clause 1 of this Article include: Statistics on receiving and handling reports of crimes, information about crimes, and recommendations for prosecution; initiating and investigating cases; prosecuting; trying criminal cases; enforcing temporary detention and pre-trial detention, and enforcing criminal sentences by two or more agencies specified in Clause 1 of this Article together collecting, comparing, and reporting (hereinafter referred to as inter-sectoral criminal statistics).This Joint Circular applies to units and individuals with authority under the People's Procuracy, People's Courts, Public Security Organs, and Military Organs in implementing inter-sectoral criminal statistics.

Article 2. Applicability

Article 3. Basic principles of inter-sectoral criminal statistics activities and the use of inter-sectoral criminal statistics information data

Clause 2. Uniformity in forms, explanations of forms, deadlines, and periods of statistics.

1. Compliance with the principles stipulated in Article 5 of the Statistics Law.

Clause 3. Uniformity in using inter-sectoral criminal statistics data in reports of the People's Procuracy, People's Courts, Public Security Organs, and Military Organs.

Article 4. Content, list of statistical indicators, forms, and explanations of forms for inter-sectoral criminal statistics

Clause 1. The content of inter-sectoral criminal statistics includes:

Point a) Statistics on receiving and handling reports of crimes, information about crimes, and recommendations for prosecution;

Point b) Statistics on initiating and investigating criminal cases;

Point c) Statistics on prosecuting criminal cases;

Point d) Statistics on trying criminal cases;

Point đ) Statistics on enforcing temporary detention and pre-trial detention;

Point e) Statistics on enforcing criminal sentences.

Clause 2. The list of statistical indicators for inter-sectoral criminal statistics is prescribed in the Appendix attached to this Joint Circular.

In case of necessity, the Central Steering Committee for Inter-Sectoral Criminal Statistics decides on amending and supplementing the list of statistical indicators for inter-sectoral criminal statistics.

Clause 3. Forms and explanations of forms for inter-sectoral criminal statistics are regulated by the Central Steering Committee for Inter-Sectoral Criminal Statistics.

Article 5. Sources of materials serving inter-sectoral criminal statistics

Data for inter-sectoral criminal statistics are collected from files, business records, databases, and other official sources of the People's Procuracy, People's Courts, Public Security Organs, and Military Organs.

Article 6. Periods of inter-sectoral criminal statistics

Inter-sectoral criminal statistics are conducted regularly monthly; data are compiled from the first day to the last day of the month.

Article 7. Budget for inter-sectoral criminal statistics activities

The budget for inter-sectoral criminal statistics activities is guaranteed by the State budget. Within their functions and tasks, agencies prepare budgets and propose them to competent authorities for approval.

The inter-agency criminal statistics operation funds shall be guaranteed by the state budget. Within their respective functions and duties, the agencies shall prepare budgets and submit them to the competent authority for approval.

Article 8. Storage of Interdepartmental Criminal Statistics Reports

The agencies and units responsible for establishing and verifying interdepartmental criminal statistics reports shall be responsible for storing the reports and related documents in accordance with the regulations of their respective sectors.

Chapter II

PROCEDURE AND PROCEDURES FOR IMPLEMENTING INTERDEPARTMENTAL CRIMINAL STATISTICS

Article 9. Responsibilities, deadlines for establishing, verifying, and submitting interdepartmental criminal statistics reports

1. Within two working days from the end of the statistical period for district level, three working days for provincial level, and five working days for the Ministry of Public Security, units assigned at all levels of public security organs shall establish the criminal statistics report as stipulated in points a and e (for detention centers managed by the Ministry of Public Security) Clause 1, Article 4 of this Joint Circular, take the lead in verifying with relevant units under the People's Procuracy at the same level, sign the report together, and submit it to the unit assigned the task of statistics under the People's Procuracy at the same level.

2. Within two working days from the end of the statistical period for district level, three working days for provincial level, four working days for higher levels, and five working days for the Supreme People's Procuracy, units assigned at all levels of the People's Procuracy shall establish the criminal statistics report as stipulated in points b, c, d, đ, and e (excluding cases involving detention centers) Clause 1, Article 4 of this Joint Circular, take the lead in verifying with relevant units under the public security organ, People's Court at the same level, sign the report together, and submit it to the unit assigned the task of statistics.

3. Within three working days from the end of the statistical period for the People's Procuracy at the district level, six working days for the People's Procuracy at the provincial level and higher levels, the unit assigned the task of statistics under the People's Procuracy shall be responsible for compiling and constructing the interdepartmental criminal statistics report, presenting it for signature by interdepartmental leadership, and submitting it to the public security organ, People's Court at the same level, and the superior People's Procuracy.

4. Within eight working days from the end of the statistical period, the unit assigned the task of statistics under the Supreme People's Procuracy shall be responsible for compiling and constructing the national interdepartmental criminal statistics report, presenting it for signature by the leadership of the Supreme People's Procuracy, and submitting it to the Supreme People's Court, Ministry of Public Security, and Ministry of National Defense.

5. The Chief Prosecutor of the Supreme People's Procuracy, the President of the Supreme People's Court, and the Minister of Public Security, within the scope of their functions, duties, and authorities, shall specify the units responsible for establishing, verifying, and submitting interdepartmental criminal statistics reports.

Article 10. Responsibilities, deadlines for establishing, verifying, and submitting interdepartmental criminal statistics reports of units in the People's Army

1. Responsibilities for establishing, verifying interdepartmental criminal statistics reports of units in the People's Army:

a) The criminal statistics department of the Investigation Agency, the agency assigned the task of conducting certain investigative activities in the People's Army shall be responsible for establishing the criminal statistics report on receiving and handling accusations, information about crimes, and recommendations for prosecution; initiating prosecution and investigation; enforcing temporary detention and pre-trial detention, and enforcing criminal sentences under its management; taking the lead in verifying with the statistics department of the Military Procuracy at the same level, and submitting it to the Military Procuracy at the same level to construct the interdepartmental criminal statistics report;

b) The criminal statistics department of the Military Procuracy shall be responsible for establishing the criminal statistics report on prosecution under its management; taking the lead in verifying with the statistics department of the Investigation Agency, the agency assigned the task of conducting certain investigative activities in the People's Army, and the Military Court at the same level to construct the interdepartmental criminal statistics report;

c) The criminal statistics department of the Military Court shall be responsible for establishing the criminal statistics report on trial and enforcement of criminal sentences under its management; taking the lead in verifying with the statistics department of the Military Procuracy at the same level, and submitting it to the Military Procuracy at the same level to construct the interdepartmental criminal statistics report.

2. Deadlines for establishing, verifying, and submitting interdepartmental criminal statistics reports of units in the People's Army:

a) Within six working days from the end of the statistical period, the Central Military Procuracy shall establish the interdepartmental criminal statistics report in the People's Army, present it for signature by the competent authority in the People's Army, and submit it to the competent authorities in the People's Army and the unit assigned the task of statistics under the Supreme People's Procuracy;

b) Based on the deadline for submitting the report stipulated in point a, Clause 2, Article 10 of this Joint Circular, the Minister of National Defense shall specify the deadlines for establishing, verifying, and submitting interdepartmental criminal statistics reports of units in the People's Army.

Article 11. Method for Submitting Interdepartmental Criminal Statistics Reports

1. The interdepartmental criminal statistics reports of units specified in Clauses 1, 2, 3, and 4 of Article 9 of this Joint Circular shall be submitted in accordance with the reporting system of each department.

2. The Ministry of National Defense shall specify the method for submitting interdepartmental criminal statistics reports of units within the People's Army.

Article 12. Adjustment of Data in Interdepartmental Criminal Statistics Reports

1. In cases where errors are discovered after submitting interdepartmental criminal statistics reports, the units specified in Clause 1 and Clause 2 of Article 9 of this Joint Circular shall be responsible for checking, comparing, and unifying the data and submitting it to the People's Public Prosecutor at the same level.

Units assigned statistical tasks under Clause 3 of Article 9 of this Joint Circular shall be responsible for adjusting the data in interdepartmental criminal statistics reports submitted to the public security organs, people's courts at the same level, and higher-level people's public prosecutors with authority.

2. In cases where there are discrepancies in the national interdepartmental criminal statistics report data, the unit assigned statistical tasks under the Supreme People's Public Prosecutor shall be responsible for taking the lead and coordinating with relevant units under the Supreme People's Court, Ministry of Public Security, and Ministry of National Defense to check, compare, and unify the data, submit it for signature by the leadership of the Supreme People's Public Prosecutor, and send it to the departments according to regulations.

Article 13. Provision of Interdepartmental Criminal Statistics Data

When requested to provide interdepartmental criminal statistics data for reports by leaders of various departments at sessions of the National Assembly and People's Councils at all levels, units assigned statistical tasks under the People's Public Prosecutors at all levels shall be responsible for compiling, drafting reports, and providing them to the departments to unify the report data.

If necessary, units assigned statistical tasks under the People's Public Prosecutors at all levels shall coordinate and unify the data with related units before providing it.

Chapter III

DIRECTING COMMITTEE, ASSISTANT GROUP OF THE DIRECTING COMMITTEE FOR INTERDEPARTMENTAL CRIMINAL STATISTICS

Article 14. Directing Committee for Interdepartmental Criminal Statistics

1. The Central Directing Committee for Interdepartmental Criminal Statistics consists of: A representative from the leadership of the Supreme People's Public Prosecutor as Chairperson, representatives from the leadership of the Supreme People's Court, the Ministry of Public Security, and the Ministry of National Defense as members.

2. The High-Level Directing Committee for Interdepartmental Criminal Statistics consists of: A representative from the leadership of the High-Level People's Public Prosecutor as Chairperson, a representative from the leadership of the High-Level People's Court as a member.

3. The Provincial Directing Committee for Interdepartmental Criminal Statistics consists of: A representative from the leadership of the Provincial People's Public Prosecutor as Chairperson, representatives from the leadership of the Provincial People's Court and the Provincial Public Security as members.

4. The County Directing Committee for Interdepartmental Criminal Statistics consists of: A representative from the leadership of the County People's Public Prosecutor as Chairperson, representatives from the leadership of the County People's Court and the County Public Security as members.

5. The Directing Committee for Interdepartmental Criminal Statistics in the People's Army consists of: A representative from the leadership of the Ministry of National Defense as Chairperson, a representative from the leadership of the Central Military Public Prosecutor as Deputy Chairperson, representatives from the leadership of the Central Military Court, the Legal Affairs Department of the Ministry of National Defense, the Criminal Investigation Bureau of the Ministry of National Defense, the Security Protection Bureau of the General Political Department, the Border Guard Command, and the Coast Guard Command as members.

6. In cases where members of the Directing Committee for Interdepartmental Criminal Statistics are changed as stipulated in Clauses 1, 2, 3, 4, and 5 of this Article, the agencies shall notify the Chairperson of the Directing Committee for Interdepartmental Criminal Statistics in writing.

Article 15. Tasks and Authorities of the Inter-sectoral Criminal Statistics Steering Committee

1. Tasks and authorities of the Central Inter-sectoral Criminal Statistics Steering Committee:

a) Decide on contents related to inter-sectoral criminal statistics work; amend and supplement forms and guidance materials to uniformly organize the implementation of various types of inter-sectoral criminal statistics reports;

b) Guide, inspect, and urge the uniform implementation of inter-sectoral criminal statistics work at their own level and subordinate levels;

c) Regularly organize mid-term and final reviews of inter-sectoral criminal statistics work;

d) Propose competent authorities to reward collectives and individuals with achievements and consider disciplinary actions against collectives and individuals who violate regulations in implementing inter-sectoral criminal statistics work;

đ) Propose to leaders of relevant sectors regarding staffing, organizational structure, investment in equipment and working tools, and funding to ensure operations, with a focus on promoting the application of information technology to serve inter-sectoral criminal statistics work.

2. The inter-sectoral criminal statistics steering committees at provincial, district, and higher levels and within the People's Army have tasks and authorities as stipulated in points b, c, d, and đ of Clause 1 of this Article.

Article 16. Working Group of the Inter-sectoral Criminal Statistics Steering Committee

1. The working group of the inter-sectoral criminal statistics steering committee at each level shall be decided by the inter-sectoral criminal statistics steering committee at the same level based on proposals from relevant agencies; the representative unit assigned the task of statistics from the People's Procuracy at the same level shall be the Head of the Working Group.

2. The working group of the inter-sectoral criminal statistics steering committee is responsible for advising and assisting the inter-sectoral criminal statistics steering committee in performing the tasks and exercising the authorities as prescribed in Article 15 of this Joint Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. Implementation of Inter-sectoral Criminal Statistics

1. The Prosecutor General of the Supreme People's Procuracy, the President of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense, within the scope of their respective duties and authorities, shall organize the implementation of inter-sectoral criminal statistics in accordance with the provisions of this Joint Circular.

2. Heads of units responsible for inter-sectoral criminal statistics under the People's Procuracy, People's Courts, People's Public Security, and the People's Army shall be responsible for the accuracy of the statistical data that has been verified.

Article 18. Effective Date

1. This Joint Circular takes effect from January 1, 2019.

This Joint Circular replaces Joint Circular No. 01/2005/TTLT-VKSTC-TATC-BCA-BQP dated July 1, 2005 issued by the Prosecutor General of the Supreme People's Procuracy, the President of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense concerning"Guidelines for Implementing Certain Provisions of Laws in Criminal Statistics and Crime Statistics Work"

2. During the implementation of this Joint Circular, if there are any difficulties or new issues arise, they should be promptly reported to the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, and the Ministry of National Defense for explanation or consideration of amendments and supplements.