Joint Circular No. 05/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP-BTP detailing and guiding the implementation of online court sessions

JOINT CIRCULAR

Detailed regulations and guidance on organizing online court sessions

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Pursuant to the Law on Organization of the People's Courts dated November 24, 2014;

Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Civil Procedure Code dated November 25, 2015;

Pursuant to the Administrative Procedure Code dated November 25, 2015;

Pursuant to Resolution No. 33/2021/QH15 dated November 12, 2021 of the National Assembly, Fifteenth Session;

The President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the Minister of Public Security, the Minister of National Defense, and the Minister of Justice jointly issue detailed regulations and guidance on organizing online court sessions.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Joint Circular provides detailed regulations and guidance on considering and deciding to open online court sessions; requirements for online court sessions; responsibilities of agencies, organizations, and authorized individuals in organizing online court sessions; preparation for online court sessions; and online court sessions.

Article 2. This Joint Circular applies to judicial proceedings agencies, judicial proceedings participants, parties involved in judicial proceedings, and other relevant agencies, organizations, and individuals related to online court sessions.

Article 2. Terms Used in this Joint Circular

1. Central venue refers to the space where the trial of the case takes place at the courthouse or at a location chosen by the court, organized in accordance with Circular No. 01/2017/TT-TANDTC dated July 28, 2017 issued by the President of the Supreme People's Court regarding courtroom facilities, with the participation of those conducting judicial proceedings and parties involved in judicial proceedings as prescribed by law, and ensuring technical equipment requirements for organizing online court sessions.

2. Component venue refers to the space where the trial of the case takes place, organized by the court or accepted by the court, with the participation of subjects and organized in accordance with this Joint Circular.

3. Subjects participating in judicial proceedings include defendants; defense counsel; victims; representatives of the legitimate rights and interests of victims; parties; other judicial proceedings participants; officers and soldiers from detention facilities; judicial police.

Article 3. Considering and Deciding to Open Online Court Sessions

Clause 1. For cases resolved under ordinary procedures, within the latest period of seven days before issuing the decision to bring the case to trial, the Judge assigned to preside over the session must consider and resolve as follows:

Point a) Assess whether the case falls within or outside the circumstances for organizing online court sessions as stipulated in Clause 1, Article 1 of Resolution No. 33/2021/QH15 dated November 12, 2021 of the National Assembly;

Point b) Evaluate the current status of material and technical conditions as prescribed in Articles 4 and 5 of this Joint Circular;

Point c) For criminal cases, notify in writing the competent Procuracy to express opinions on opening an online court session;

Point d) For criminal, civil, and administrative cases where parties or victims participating in judicial proceedings are eligible for legal aid and lack the technical and technological conditions to participate in online court sessions, the court must inform them of their right to request the State Legal Aid Center to examine and handle the case and support their participation in the online court session, while also notifying the State Legal Aid Center to make contact.

Clause 2. For cases resolved under simplified procedures, within the latest period of two days before issuing the decision to bring the case to trial, the Judge assigned to preside over the session must consider and resolve as follows:

Point a) Assess whether the case falls within or outside the circumstances for organizing online court sessions as stipulated in Clause 1, Article 1 of Resolution No. 33/2021/QH15 dated November 12, 2021 of the National Assembly;

Point b) Evaluate the current status of material and technical conditions as prescribed in Articles 4 and 5 of this Joint Circular;

Point c) For criminal cases, notify in writing the competent Procuracy to express opinions on opening an online court session.

Clause 3. The decision to open an online court session must be clearly stated in the Decision to Bring the Case to Trial regarding the central venue and the number of component venues.

Article 4. Requirements for remote courtrooms

1. The courtroom at the central site shall be organized in accordance with Circular No. 01/2017/TT-TANDTC dated July 28, 2017, issued by the President of the Supreme People's Court on courtrooms and must meet the following specific requirements:

a) The courtroom shall be equipped with an online system including electronic equipment and separate information technology infrastructure from other common information technology equipment of the court.

b) The courtroom shall be equipped with devices to serve online court sessions as follows: lighting system; transmission and network equipment; sound system (speakers, microphones, amplifiers, audio mixing board); image display devices at the central site and component sites of the online court session; signal decoding equipment, online broadcasting software; video recording equipment capturing the entire proceedings of the court session; data storage equipment; document and evidence projection equipment using an object projector during the court session; uninterruptible power supply equipment.

2. An online court session may connect a maximum of three component sites and must ensure the following requirements:

a) For civil and administrative court sessions, the space at the component site must be courteous, solemn, quiet; lighting must be appropriate to the space, avoiding backlighting and unappealing colors; ensuring that the images and surroundings of participants are fully displayed on the projection screen; electronic devices must be suitable to ensure clear and uninterrupted transmission of sound and images during the court session.

b) For criminal court sessions where a party does not participate in the court session at the component site located at a detention facility or the central site, the component site where that party participates must meet the requirements specified in point a, Clause 2, Article 2 of this Circular.

c) For criminal court sessions where the component site is located at a detention facility, it must meet the requirements specified in point a, Clause 2, Article 2 of this Circular; arrange the national emblem and witness stand for the defendant in compliance with the provisions of Circular No. 01/2017/TT-TANDTC dated July 28, 2017, issued by the President of the Supreme People's Court on courtrooms. In cases involving other parties, appropriate positions must be arranged, but must ensure solemnity and safety. For defendants under 18 years old, the arrangement of positions for the defendant, legal representative, and defense counsel must comply with the provisions on courtrooms and the handling of cases within the jurisdiction of family courts and juvenile courts.

Article 5. Technical and technological requirements

1. Technical, technological, operational, and management requirements for the system organizing online court sessions must ensure the security and confidentiality of information and data according to the regulations of the Supreme People's Court, except in cases provided for in Clause 2 of this Article.

2. Technical, technological, operational, and management requirements for the system of online court sessions at detention facilities must ensure the security and confidentiality of information and data according to the regulations of the Ministry of Public Security and the Ministry of National Defense.

Chapter II

PREPARATION FOR ONLINE COURT SESSIONS

Article 6. Responsibilities of the Prosecutor's Office in organizing online court sessions

Within three days for cases resolved under ordinary procedures, and one day for cases resolved under simplified procedures, from the date of receiving the notification of the court as stipulated in point c, Clause 1, and point c, Clause 2, Article 3 of this Joint Circular, the Prosecutor's Office must provide a written response regarding the opening of an online court session and proceed as follows:

1. If the Prosecutor's Office agrees to open an online court session and deems it necessary to send someone to participate in the court session at the component site, they must clearly state the name of the person sent. The prosecutor sent to participate in the court session at the component site assists the prosecutor assigned to exercise public prosecution and supervise the trial at the central site.

2. If the Prosecutor's Office disagrees with opening an online court session, the court session shall be organized in accordance with the Criminal Procedure Code.

Article 7. Responsibilities of Detention Facilities in Organizing Online Court Sessions

1. Within three days from the date of receiving the decision to bring the case for trial, if the detention facility considers it impossible to extract the defendant to the location determined by the Court, it must submit a written request to the Court to allow the organization of a remote participation point at its own detention facility. The request must clearly state the reasons why it is not possible to extract the defendant to the location determined by the Court.

If the Court agrees to organize a remote participation point at the detention facility, it shall notify the Public Prosecutor's Office about the change in the location of the remote participation point. In cases where participants in the proceedings are summoned to this remote participation point, the summons must clearly indicate the location of the court session.

2. Coordinate with the Court to arrange the remote participation point at the detention facility.

Article 8. Responsibilities of the State Legal Aid Center in Organizing Online Court Sessions

1. In criminal, civil, or administrative cases where the parties or victims are eligible for legal aid and have requested such aid, the State Legal Aid Center must ensure technical, technological, and spatial conditions according to Clause 2 of Article 4 and Clause 1 of Article 5 of this Joint Circular, and submit a written request to the Court to allow the organization of a remote participation point arranged by itself.

2. The written request to the Court to allow the organization of a remote participation point arranged by the State Legal Aid Center must be immediately sent to the Court after the request from the parties or victims.

3. Coordinate with the Court to arrange the remote participation point at the location set up by the State Legal Aid Center.

Article 9. Summoning Participants for Online Court Sessions

1. The Court shall summon participants in the proceedings to attend the court session, clearly indicating the remote participation point they will join.

2. For participants in the proceedings summoned to attend the court session at a remote participation point, the summons must clearly state the requirements when participating in the court session according to Article 11 of this Joint Circular.

Chapter III

ONLINE COURT SESSIONS

Article 10. Participants

1. At the main remote participation point, mandatory participants include the Bench, the Clerk of the Court, and the Prosecutor assigned to handle the case.

Parties, victims; persons protecting the legitimate rights and interests of parties or victims; defenders, other participants in the proceedings (if any) may participate at the main remote participation point if they choose to or are summoned by the Court.

In cases where the court session is held publicly, the Court is responsible for preparing necessary conditions for individuals, agencies, or organizations to attend the court session in accordance with the law.

2. At the remote participation point:

a) For criminal cases where the remote participation point is set up at a detention facility, the participants include: the defendant, the defender; interpreter, staff members of the detention facility, and Prosecutor, other officials from the Prosecutor's Office (if any). In cases where the defendant is under 18 years old, a legal representative must be arranged to participate at this remote participation point, except when they request to participate at the main remote participation point.

In cases where the remote participation point is set up at another court's office, the participants include: the defendant, victim, party; other participants in the proceedings; court officials from the office setting up the remote participation point supporting the organization of the court session; Prosecutor, other officials from the Prosecutor's Office (if any); staff members of the detention facility; judicial police (if deemed necessary);

b) For criminal, civil, or administrative cases where the remote participation point is set up at a location chosen by the parties or the State Legal Aid Center and accepted by the Court, the participants include: participants in the proceedings, persons protecting the legitimate rights and interests of parties (if any).

3. For cases involving defenders, persons protecting the legitimate rights and interests of victims or parties, they must participate in the court session at one of the remote participation points arranged or accepted by the Court.

In cases where persons protecting the legitimate rights and interests of victims or parties cannot participate in the court session at one of the remote participation points arranged or accepted by the Court, they must submit a written request to the Court to allow participation at a remote participation point they themselves arrange. The remote participation point of persons protecting the legitimate rights and interests of victims or parties must comply with the provisions of Clause 2 of Article 4 and Clause 1 of Article 5 of this Joint Circular.

Defenders, persons protecting the legitimate rights and interests of victims or parties have the right to communicate with defendants, victims, or parties upon the consent of the presiding judge.

Article 11. Requirements for participating in online court sessions

1. Adhere to the internal regulations of the courtroom.

2. Always keep electronic devices in a state with cameras on and microphones activated; speak only when requested.

3. Do not create any other noise while the device is in audio mode, which may affect the court session.

4. Participants in the court session must wear formal attire; they shall not stand up or leave during the trial without permission from the presiding judge; they shall not take photos, record audio, video, or disseminate login credentials or information related to the online trial system, nor shall they broadcast the court session live on the internet.

5. The parties, victims, defense counsel, and representatives of the parties' or victims' legitimate rights and interests participating in the online court session must present one of their identification documents (such as national identity cards, citizen identification cards, passports, lawyer cards, legal aid assistant cards) for verification.

In cases where the party has authorized another person to participate in the proceedings, the authorized person must also present the power of attorney.

Article 12. Coordination in preparing for online court sessions

1. At least one day before the online court session takes place, the Court must check and prepare the conditions for successfully connecting the main venue with the component venues.

At least one hour before the online court session takes place, the main venue must complete the connection with the component venues to ensure that all venues can see each other's images and hear each other's sounds clearly; the functions of turning sound on and off must be set to ready-to-use status.

In cases where the component venue is organized at another court's headquarters or detention facility, the court handling the case must proactively coordinate with these agencies to provide accounts and passwords for connecting to the online system at the main venue.

2. For criminal, civil, or administrative cases where the component venue is located at the place chosen by the party or the National Legal Aid Center and accepted by the court, the court handling the case must request the participants in the proceedings or the National Legal Aid Center to cooperate in technical checks and quality signal tests of the image and sound systems, and complete the connection at least one hour before the online court session begins.

Article 13. Procedure and litigation process at online court sessions

1. The procedure and litigation process of online court sessions are carried out like regular court sessions according to the Criminal Procedure Code, Civil Procedure Code, and Administrative Procedure Law.

2. Some requirements that need to be implemented at online court sessions are as follows:

a) The Court verifies the identity of the participants in the court session through online comparison of identification documents or through the national population database.

For criminal cases tried at the component venue, judicial officials or staff from the detention facility supporting the court session must verify the presence of those summoned and notify the court clerk.

b) When opening the session, the presiding judge must also announce that the online trial still ensures procedural and litigation procedures; the rights and legitimate interests of the defendant, victim, and party are still implemented according to the provisions of the procedural laws.

c) In cases where the participants in the proceedings at the component venue provide additional evidence, it shall be handled as follows:

For criminal cases, the presiding judge of the court session receives evidence in the form of digital data. Request judicial officials or staff from the detention facility to copy and project the evidence at the court session for the panel of judges and prosecutors at the main venue to review and decide. Judicial officials or staff from the detention facility receive the evidence and make a record according to Articles 133 and 305 of the Criminal Procedure Code. After the session ends, immediately transfer the record along with the evidence to the presiding judge of the court session.

For civil or administrative cases, the participants in the proceedings self-copy the evidence in the form of digital data and send it to the panel of judges. The submission of evidence and materials is carried out according to Article 96 of the Civil Procedure Code and Article 83 of the Administrative Procedure Law.

The presiding judge must publish (except in cases involving state secrets, ethnic customs, protecting minors under 18 years old, or maintaining privacy at the legitimate request of the party), examine, and evaluate these documents and evidence after receiving copies of the documents and evidence.

d) The online court session must be recorded in audio and video format as digital data.

đ) The minutes of the court session must comply with the prescribed forms under the procedural laws. Clearly indicate which venues the court session took place at; clearly indicate the names of the prosecutors, judicial officials, public prosecutors, or staff from the detention facility at the component venue.

If a participant in the proceedings requests to view the minutes of the court session, the court clerk must display the minutes of the court session for the requester and carry out any other related procedures (if any) according to the procedural laws.

e) The judgment and decision of the court must comply with the prescribed forms under the procedural laws. The introductory part of the judgment and decision of the court must clearly indicate which venues the court session took place at; clearly indicate the names of the prosecutors, judicial officials, public prosecutors, or staff from the detention facility at the component venue.

3. Determining the capacity to participate in the proceedings of the personnel organizing the court session at the component venue as follows:

a) Prosecutors, court clerks, and examiners are litigation officers.

b) Staff from the detention facility or other officials from the court or public prosecutor's office are other participants in the proceedings.

Article 14. Handling situations occurring during court sessions

1. In cases where before the commencement of a court session or during an online court session, the system is interrupted due to connection faults, power outages, or other incidents that prevent the court session from continuing, the Bench shall issue a decision to temporarily suspend the court session. Court officials or staff members from detention facilities shall notify the decision to temporarily suspend the court session to participants at each venue.

If it is still not possible to organize the resumed court session on the scheduled date, the court shall issue a decision to postpone the court session. The court shall consider and decide whether to resume the court session in an online form or in a regular form according to the provisions of the law.

2. For criminal cases, if a participant in the proceedings presents additional evidence or documents that may lead to a change in the charge, addition of charges, addition of defendants, or require expert examination... but it is impossible to supplement additional evidence at the court session, the Bench shall postpone the court session.

If the case falls under the circumstances of temporary suspension or returning the file for supplementary investigation, the court session shall not be postponed. The Bench shall handle and resolve the matter according to the provisions of Clause 6, Article 326 of the Criminal Procedure Code.

Chapter IV

IMPLEMENTATION

Article 15. Effective Date

This Circular takes effect from February 1, 2022.

Article 16. Implementation Organization

1. The Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice shall be responsible for organizing the implementation of this Circular within their respective functions, tasks, and authorities.

2. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals shall report them to the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice for timely guidance.