Joint Circular No. 05/2025/TTLT-BCA-BQP-VKSNDTC-TANDTC stipulates the coordination among judicial organs in the investigation, prosecution, and trial in absentia of suspects and defendants.

Regulations on coordination among judicial organs in the investigation, prosecution, and trial in absentia of suspects and defendants
in investigation, prosecution, and trial in absentia of the suspect, defendant

Pursuant to the Criminal Procedure Code No. 101/2015/QH13 amended and supplemented by Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, and Law No. 99/2025/QH15;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15;

The Minister of Public Security, the Minister of National Defense, the Procurator of the Supreme People's Procuracy, and the President of the Supreme People's Court jointly issue regulations on coordination among judicial organs in the investigation, prosecution, and trial in absentia of suspects and defendants.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint circulars regulate coordination among judicial organs in implementing procedures and formalities for investigation, prosecution, and trial in absentia of suspects and defendants as stipulated in Clause 2 and Clause 3 Article 233, Clause 2 and Clause 3 Article 243, Point a and Point b Clause 2 Article 290 of the Criminal Procedure Code.

Article 2. Applicability

These joint circulars apply to:

1. Investigation agencies of the People's Public Security, Investigation agencies within the People's Armed Forces, Investigation agency of the Supreme People's Procuracy (hereinafter referred to as Investigation Agencies);

2. People's Procuracy, Military Procuracy at all levels (hereinafter referred to as Procuracy);

3. People's Courts, Military Courts at all levels (hereinafter referred to as Courts);

4. Judicial officers belonging to the agencies specified in Clauses 1, 2, and 3 of this Article;

5. Suspects, defendants;

6. Defense counsel, representatives, close relatives of suspects and defendants who are absent;

7. Other agencies, organizations, and individuals related to the activities of investigation, prosecution, and trial in absentia of suspects and defendants.

Article 3. Principles of Implementation

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam and consistent with international treaties to which the Socialist Republic of Vietnam is a party; respect and ensure human rights, the right to defense, and legitimate rights and interests of suspects and defendants.

2. Ensure prudence, objectivity, strictness, and prevent violations and abuse; conclude investigation reports, decide to prosecute, and try suspects and defendants in absentia only when they fall under the cases and meet the conditions prescribed by the Criminal Procedure Code and these joint circulars.

3. Ensure compliance with the functions, tasks, and powers of each agency as prescribed by law.

Chapter II

PROCEDURES, FORMALITIES AND COORDINATION IN THE INVESTIGATION,

PROSECUTION, AND TRIAL IN ABSENCE OF SUSPECTS AND DEFENDANTS

Article 4. Cases and Conditions for Issuing Investigation Conclusions Proposing Prosecution, Indictments, and Trials in Absence of Suspects and Defendants

1. Investigation agencies shall apply the provisions of Clause 2 Article 233, Procuracy agencies shall apply the provisions of Clause 2 Article 243, and Courts shall apply the provisions of Point a and Point b Clause 2 Article 290 of the Criminal Procedure Code to investigate, prosecute, and try suspects and defendants in absentia in the following cases:

a) The suspect or defendant is in hiding or their whereabouts are unknown and the manhunt has not been successful.

The suspect or defendant is in hiding when the suspect or defendant intentionally avoids, is absent, and the judicial organ cannot deliver a summons to the suspect or defendant, or has delivered a summons but the suspect or defendant does not comply and report as required by the summons without being due to force majeure or objective obstacles or conceals their whereabouts, place of residence, workplace, or place of study to avoid complying with decisions or requests of the judicial organ or judicial officer.

Their whereabouts are unknown when the judicial organ or judicial officer has conducted verification activities according to the law but cannot determine the whereabouts of the suspect or defendant.

The manhunt has not been successful when the Investigation Agency has issued a warrant for the arrest of the suspect or defendant, applied verification measures, and attempted to capture the suspect or defendant but by the end of the investigation period, the prosecution period, the preparation period for trial, or the period as stipulated in Clause 3 Article 7 of these joint circulars, the suspect or defendant has not surrendered or has not been captured.

b) The suspect or defendant is abroad and cannot be summoned for investigative, prosecutorial, or trial activities.

The suspect or defendant is abroad and cannot be summoned for investigative, prosecutorial, or trial activities when there is evidence that the suspect or defendant has left the country but has not entered another country and their current place of residence, work, or study abroad cannot be determined, and it is impossible to summon or extradite the suspect or defendant for investigative, prosecutorial, or trial activities, or when the judicial organ has evidence of the suspect or defendant's current place of residence, work, or study abroad, has summoned or requested extradition but cannot bring the suspect or defendant back to Vietnam for investigative, prosecutorial, or trial activities.

2. Investigation agencies, Procuracy agencies, and Courts may issue investigation conclusions proposing prosecution, indictments, and trials in absence of suspects and defendants in the cases stipulated in Clause 1 of this Article when the following conditions are met:

a) All evidence and documents necessary to clarify issues that must be proven in the case according to Article 85 of the Criminal Procedure Code have been collected, and there is sufficient basis to determine that the suspect or defendant has committed the crime charged, investigated, prosecuted, and tried;

b) Ensuring the right to defense for absent suspects and defendants as stipulated in Articles 16, 291, 351, and Chapter V of the Criminal Procedure Code. The judicial organ handling the case must inform the representative or close relative of the suspect or defendant about their right to request a defense counsel so that they can request a defense counsel. If the representative or close relative of the suspect or defendant does not request a defense counsel, the judicial organ must appoint a defense counsel for the absent suspect or defendant according to Article 76 of the Criminal Procedure Code.

Article 5. Conclusion of investigation recommending prosecution in absentia of the suspect

1. The investigative agency must conduct investigative and verification activities to determine the circumstances and conditions for issuing the conclusion of investigation recommending prosecution in absentia of the suspect as prescribed in Clause 2, Article 233 of the Criminal Procedure Code and Article 4 of this Joint Circular. Documents determining the absence of the suspect shall be included in the case file and transferred to the Prosecution Office for supervision in accordance with the regulations.

2. At least twenty days before the end of the investigation of the case involving a missing suspect, the investigative agency and the Prosecution Office must coordinate and organize a meeting to uniformly assess all evidence, documents, and procedural acts of the case. If there is sufficient basis and conditions to conclude the investigation and issue the conclusion of investigation recommending prosecution in absentia of the suspect as prescribed in Clause 2, Article 233 of the Criminal Procedure Code and Article 4 of this Joint Circular, the investigative agency shall issue the conclusion of investigation recommending prosecution.

The uniform assessment of evidence, documents, and procedural acts of the case must be recorded in a minutes and included in the case file.

3. In cases where the whereabouts of the suspect is unknown and the arrest warrant has no results as prescribed in Point a, Clause 1, Article 4 of this Joint Circular, but the investigation period has expired without sufficient conditions to issue the conclusion of investigation recommending prosecution in absentia of the suspect as prescribed in Clause 2, Article 4 of this Joint Circular, the investigative agency must issue a decision to temporarily suspend the investigation of the case or temporarily suspend the investigation of the suspect as prescribed in Article 229 of the Criminal Procedure Code; the resolution of the case shall be carried out according to the general procedure.

4. The conclusion of investigation recommending prosecution in absentia of the suspect must include the contents prescribed in Article 233 of the Criminal Procedure Code; the reasons and grounds for concluding the investigation recommending prosecution in absentia of the suspect.

Article 6. Prosecution in absentia of the suspect

1. When the investigative agency concludes the investigation recommending prosecution in absentia of the suspect, the Prosecution Office must conduct activities to determine the circumstances and conditions for issuing the indictment for prosecution in absentia of the suspect as prescribed in Clause 2, Article 243 of the Criminal Procedure Code and Article 4 of this Joint Circular. Documents determining the absence of the suspect shall be included in the case file.

2. In cases where the investigative agency concludes the investigation according to the general procedure but during the prosecution stage, the suspect flees or their whereabouts are unknown, the Prosecution Office requests the investigative agency to issue a decision to issue an arrest warrant for the suspect. If the prosecution period expires without results from the arrest warrant, the Prosecution Office will consider and decide to prosecute in absentia of the suspect if there is sufficient basis and conditions as prescribed in Clause 2, Article 243 of the Criminal Procedure Code and Article 4 of this Joint Circular.

3. In cases where the investigative agency concludes the investigation recommending prosecution in absentia of the suspect but at the prosecution stage, the suspect returns, surrenders, or is apprehended, or in cases where the Prosecution Office determines that there is insufficient basis and conditions to decide to prosecute in absentia of the suspect as prescribed in Clause 2, Article 243 of the Criminal Procedure Code and Article 4 of this Joint Circular, the Prosecution Office shall resolve the case according to the general procedure.

4. The indictment for prosecution in absentia of the suspect must include the contents prescribed in Article 243 of the Criminal Procedure Code; the reasons and grounds for prosecuting in absentia of the suspect.

Article 7. Trial in absentia of the defendant

1. In cases where there has been a decision to prosecute in absentia of the suspect, the Court must review the evidence in the case file; if there are sufficient grounds and conditions as stipulated in Article 4 of this Joint Circular, upon expiration of the preparation period for trial, the Court shall base its decision on point a or point b of Clause 2, Article 290 of the Criminal Procedure Code to consider and decide to bring the case to trial in absentia of the defendant.

If during the preparation stage for trial or during the trial stage, the suspect or defendant returns, surrenders, or is apprehended, the Court shall resolve the case according to the general procedure.

2. In cases where the Prosecutor's Office decides to prosecute according to the general procedure, but does not know the whereabouts of the suspect or defendant during the preparation stage for trial, the presiding Judge shall request the Investigative Agency to issue an arrest warrant for the suspect or defendant. After the expiration of the preparation period for trial and if the arrest warrant has not resulted in the suspect or defendant being found, the Investigative Agency that issued the arrest warrant must inform the Court so that it may consider and decide to bring the case to trial in absentia of the suspect or defendant if there are sufficient grounds and conditions as stipulated in point a of Clause 2, Article 290 of the Criminal Procedure Code and Article 4 of this Joint Circular.

3. In cases where the Prosecutor's Office decides to prosecute according to the general procedure, after the decision to bring the case to trial has been made and the defendant flees, the Bench shall temporarily suspend the case and request the Investigative Agency to issue an arrest warrant for the defendant as stipulated in Clause 1, Article 290 of the Criminal Procedure Code. After 15 days from the date of issuance of the arrest warrant and if the arrest warrant has not resulted in the defendant being found, the Investigative Agency that issued the arrest warrant must inform the Court so that it may consider and decide to resume the case and bring the case to trial in absentia of the defendant if there are sufficient grounds and conditions as stipulated in point a of Clause 2, Article 290 of the Criminal Procedure Code and Article 4 of this Joint Circular. If there are insufficient grounds and conditions to conduct a trial in absentia, the Court shall resolve the case according to the general procedure.

4. In cases where there has been an indictment to prosecute in absentia of the suspect, but the Court finds that there are insufficient grounds and conditions as stipulated in Clause 2, Article 4 of this Joint Circular and there are grounds as stipulated in Clause 1, Article 280 of the Criminal Procedure Code, the Court shall decide to return the case file to the Prosecutor's Office for supplementary investigation or the Court shall decide to temporarily suspend the case. After supplementary investigation as requested by the Court and if there are sufficient grounds and conditions as stipulated in Clause 2, Article 4 of this Joint Circular, the Court shall consider and decide to bring the case to trial in absentia of the defendant.

5. The procedures and formalities at the trial when conducting a trial in absentia of the defendant shall be carried out according to the provisions of Chapter XXI and Chapter XXII of the Criminal Procedure Code and the following procedures:

a) The Bench shall announce the reasons for the trial in absentia of the defendant, his/her background; publicize the rights and obligations of the defendant in absentia; call on the defendant to surrender and appear in court to exercise the right to self-defense and enjoy mitigating circumstances and leniency as provided by law;

b) The defense counsel, representative, or close relative of the defendant in absentia may express their opinions, present evidence to protect the legitimate rights and interests of the defendant; read the defendant's self-defense statement, if available.

Article 8. Issuance, delivery, transfer, dispatch, posting, and notification of orders, decisions, and procedural documents to absent suspects and defendants

1. The delivery, dispatch, and notification of investigation conclusions recommending prosecution, indictments, judgments, and court decisions shall be carried out in accordance with Articles 137, 138, 141, 142, Clause 4 of Article 232, Clause 2 of Article 240, and Article 262 of the Criminal Procedure Code.

2. In cases where it is not possible to deliver the investigation conclusion recommending prosecution, indictment, judgment, or court decision to the suspect or defendant, the investigating agency, the prosecution office, and the court shall publicly post these procedural documents in accordance with Article 140, Clause 3 of Article 233, Clause 3 of Article 243, and Clause 1 of Article 262 of the Criminal Procedure Code.

Where there are multiple suspects or defendants in a case, or when deemed necessary, the investigating agency, the prosecution office, and the court may consider and decide to post parts of the content in the investigation conclusion, indictment, judgment, or court decision related to absent suspects or defendants.

3. The issuance, delivery, transfer, dispatch, posting, and notification of other procedural documents shall be carried out in accordance with the provisions of the Criminal Procedure Code and other relevant laws.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect from July 1, 2025.

Article 10. Implementation Organization

The Ministry of Public Security, the Ministry of National Defense, the Supreme People's Procuracy, and the Supreme People's Court are responsible for organizing the implementation of this Circular.

During the implementation of this Circular, if any difficulties arise, agencies and units shall report them to the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Procuracy, and the Supreme People's Court for resolution.