JOINT CIRCULAR No. 06/2018/TTLT-VKSNDTC-TANDTC-BCA-BTP-BLDTBXH ON THE COORDINATION IN IMPLEMENTING CERTAIN PROVISIONS OF THE CRIMINAL PROCEDURE CODE REGARDING CRIMINAL PROCEDURES FOR PERSONS UNDER 18 YEARS OLD

JOINT CIRCULAR

On coordinating to implement certain provisions of the Criminal Procedure Code concerning criminal proceedings for persons under 18 years old

The Prosecutor General of the Supreme People's Procuracy, the President of the Supreme People's Court, the Minister of Public Security, the Minister of Justice, and the Minister of Labor, Invalids and Social Affairs hereby issue this joint circular on coordinating to implement certain provisions of the Criminal Procedure Code concerning criminal proceedings for persons under 18 years old who participate in criminal proceedings. 

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

1. This joint circular stipulates the coordination among competent authorities conducting criminal proceedings, persons authorized to conduct criminal proceedings, and other relevant agencies, organizations, and individuals in implementing certain provisions of the Criminal Procedure Code concerning criminal proceedings for persons under 18 years old who participate in criminal proceedings.

Article 1. Scope of Regulation

2. The trial of cases involving defendants or victims under 18 years old within the jurisdiction of the Family and Juvenile Court shall be carried out in accordance with the guidance provided in Circular No. 02/2018/TT-TANDTC dated September 21, 2018 issued by the President of the Supreme People's Court detailing the procedures for trying criminal cases involving persons under 18 years old within the jurisdiction of the Family and Juvenile Court.

1. Competent authorities conducting criminal proceedings, persons authorized to conduct criminal proceedings.

Article 2. Applicability

2. Persons held in urgent circumstances, accused persons, victims, and witnesses under 18 years old.

3. Other relevant agencies, organizations, and individuals participating in criminal proceedings as prescribed by the Criminal Procedure Code.

Article 3. Terms Used in This Joint Circular

In this joint circular, the following terms are understood as follows:

Representative of a participant in criminal proceedings who is under 18 years old

1. is a person aged 18 or older, having full capacity for civil acts and legal capacity, and meeting the conditions to act as a representative as prescribed in Articles 134, 135, and 136 of the Civil Code. The representative of a participant in criminal proceedings who is under 18 years old shall be determined in the following order: a) Biological parents or adoptive parents;

b) Guardian;

c) Person designated by the court.

Guardian of a participant in criminal proceedings who is under 18 years old

2. is a guardian appointed by operation of law or elected by the People's Committee of the commune where the person under 18 years old resides, or designated by the court as prescribed in Articles 46, 47, 48, 52, and 54 of Section 4, Chapter III of the Civil Code. Force majeure

3. refers to events, situations, or incidents occurring objectively, unforeseeably, and irreparably despite the application of all necessary and possible measures. Objective obstacles

4. refer to obstacles arising from external circumstances that prevent a person with rights or obligations from knowing about the infringement of their legitimate rights and interests or from exercising their rights and fulfilling their obligations. Article 4. Coordination Responsibilities of Competent Authorities Conducting Criminal Proceedings, Persons Authorized to Conduct Criminal Proceedings, and Other Relevant Agencies, Organizations, and Individuals

1. During the investigation, prosecution, indictment, and trial of criminal cases involving accused persons, victims, or witnesses under 18 years old, competent authorities conducting criminal proceedings, persons authorized to conduct criminal proceedings, and other relevant agencies, organizations, and individuals must closely coordinate to ensure compliance with the provisions of Chapter XXVIII and other relevant provisions of the Criminal Procedure Code concerning friendly criminal proceedings for participants in criminal proceedings who are under 18 years old, thereby ensuring their rights and legitimate interests.

2. Competent authorities conducting criminal proceedings and persons authorized to conduct criminal proceedings have the responsibility to create favorable conditions and provide necessary information about the criminal proceedings process and the exercise of rights and fulfillment of obligations for participants in criminal proceedings who are under 18 years old, their representatives, defense counsel, and persons protecting their legitimate rights and interests, as well as representatives of agencies, organizations, and individuals participating in criminal proceedings, to safeguard the best interests of persons under 18 years old.

3. Representatives, defense counsel, and persons protecting the legitimate rights and interests of participants in criminal proceedings who are under 18 years old; representatives of schools, the Ho Chi Minh Communist Youth Union, and other relevant agencies, organizations, and individuals must be present and fully participate in all criminal proceedings activities as decided or requested by competent authorities conducting criminal proceedings and persons authorized to conduct criminal proceedings.

3. The representative, defender, and person protecting the legitimate rights and interests of participants in litigation who are under 18 years old; the representative of the school, the Ho Chi Minh Communist Youth Union, and other related organizations, agencies, or individuals must be present and fully participate in all litigation proceedings according to the decision or request of the competent authority conducting the litigation or the person authorized to conduct the litigation.

Article 5. Allocation of persons with authority to conduct litigation proceedings

1. Investigators, Investigative Officers, Prosecutors, Judges, when assigned to conduct litigation proceedings involving cases with participants under 18 years old, must meet at least one of the following conditions:

a) Have experience in initiating prosecution, investigation, prosecution, and adjudication of criminal cases related to individuals under 18 years old;

b) Have been trained, instructed, and further educated on skills for handling criminal cases involving participants under 18 years old;

c) Have been trained, instructed, and further educated on psychology and educational sciences for individuals under 18 years old.

2. Lay judges participating in the trial council for first-instance cases involving participants under 18 years old must include a teacher, a member of the Ho Chi Minh Communist Youth Union, or a person with experience and knowledge of the psychology of individuals under 18 years old.

A person with experience and knowledge of the psychology of individuals under 18 years old is someone with a long-term career in the field of judiciary, management, training, protection, care, and education for individuals under 18 years old; a person trained in youth, adolescent, and child education; or other individuals with experience and knowledge of the psychology of individuals under 18 years old.

Article 6. Coordination in Determining the Age of Accused Persons and Victims Under 18 Years Old

1. The determination of the age of accused persons and victims under 18 years old shall be based on one of the following documents or materials:

a) Birth certificate;

b) Birth registration certificate;

c) Identity card;

d) Citizen identification card;

đ) Household registration book;

e) Passport.

2. In cases where the documents and materials mentioned in Clause 1 of this Article are contradictory, unclear, or unavailable, the competent authorities conducting litigation proceedings and persons with authority to conduct litigation proceedings must coordinate with the family, representatives, relatives, schools, Ho Chi Minh Communist Youth Union, or other organizations and individuals related to the place where the individual under 18 years old studies, works, or lives to inquire, take statements, verify, and clarify contradictions or seek other documents and materials that can prove the age of such individual.

If lawful measures have been applied but only the period of months, quarters, first half, or second half of the year or the year of birth can be determined, then depending on specific circumstances, the provisions of Clause 2 of Article 417 of the Criminal Procedure Code shall be referred to for determining their age.

3. In cases where the age determination through forensic examination only specifies a range of ages for the accused or victim, the competent authorities conducting litigation proceedings and persons with authority to conduct litigation proceedings shall determine the age of them using the lowest age within the specified range. For example, if the forensic conclusion A has an age range from 13 years 6 months to 14 years 2 months, then A's age is determined to be 13 years 6 months.

Article 7. Notification of Litigation Activities

1. Before taking statements or interrogating participants in litigation who are under 18 years old, the competent authorities conducting litigation proceedings and persons with authority to conduct litigation proceedings must notify the representative, defense counsel, and legal representative of their rights and interests about the time and location of the statement-taking or interrogation in a reasonable time so that these individuals can participate in litigation proceedings as prescribed by law.

The notification to the family of a person under 18 years old detained in urgent situations shall be carried out according to the provisions of Article 116 of the Criminal Procedure Code; the notification to the representative of a person under 18 years old in cases where they are arrested, temporarily detained, or temporarily imprisoned shall be carried out according to the provisions of Clause 5 of Article 419 of the Criminal Procedure Code.

Other notifications of litigation activities shall be carried out according to the provisions of the Criminal Procedure Code.

2. Notifications must be in writing, clearly stating the name, address, and contact phone number of the notifier and the notified party. In cases where it is necessary to ensure the timely presence of the representative, defense counsel, and legal representative of participants in litigation who are under 18 years old, the competent authorities conducting litigation proceedings and persons with authority to conduct litigation proceedings may notify directly, by telephone, or by other electronic means, but must immediately send a written notification thereafter.

3. The representative, defense counsel, and legal representative of participants in litigation who are under 18 years old, upon receiving the notification, must promptly inform the competent authorities conducting litigation proceedings and persons with authority to conduct litigation proceedings about their presence and participation in litigation proceedings.

Article 8. Coordination in appointing persons to participate in litigation proceedings

1. When conducting litigation activities against participants under 18 years old, the competent authority for litigation proceedings, or the person with authority to conduct litigation proceedings may request or propose the following agencies or organizations to appoint guardians, representatives, legal aid providers, defense counsel, or public defenders to participate in litigation:

a) Request the People's Committee of the commune where the participant under 18 years old resides to appoint a guardian if they do not have a natural guardian;

b) Request the Department of Labor, Invalids and Social Affairs, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, the Children's Rights Protection Association, or relevant agencies or organizations at the place of detention, the place where the crime occurred, or the place with investigative authority to appoint a representative for the participant under 18 years old in cases where they do not have a clear residence, their background cannot be determined, or they have a representative but that representative intentionally absents themselves or refuses to participate in the litigation;

c) Request the State Legal Aid Center to appoint a legal aid provider for the accused or victim under 18 years old if they are eligible for legal aid as stipulated in Article 7 of the Legal Aid Law 2017 and Circular Jointly Issued No. 10/2018/TTLT-BTP-BCA-BQP-BTC-TANDTC-VKSNDTC dated June 29, 2018 on coordinating the provision of legal aid in litigation activities;

d) Request or propose the Bar Association to assign an organization practicing law to appoint a defense counsel; the Vietnam Fatherland Front Committee and its member organizations to appoint a public defender for the accused under 18 years old as stipulated in Article 76 of the Criminal Procedure Code.

2. The request or proposal must be in writing as prescribed in Clause 2 of Article 7 of this Circular Jointly Issued.

3. Agencies or organizations receiving the request or proposal must appoint a person and promptly inform the competent authority for litigation proceedings or the person with authority to conduct litigation proceedings about the name, information, and address of the appointed person participating in the litigation as prescribed in Clause 3 of Article 7 of this Circular Jointly Issued.

Article 9. Ensuring Participation in Litigation Proceedings by Representatives, Schools, Youth Unions, and Other Organizations

1. After receiving notification from the competent authority for litigation proceedings handling a case involving a participant under 18 years old regarding their presence and participation in litigation to protect their legitimate rights and interests, the representative, teacher, school representative, Ho Chi Minh Communist Youth Union, or other organization where the participant under 18 years old studies, works, or lives must provide a written response to the competent authority for litigation proceedings or the person with authority to conduct litigation proceedings containing the name, information, and contact address of the appointed person participating in the litigation; in necessary cases, they can report directly, via telephone, or through other electronic means, but must send a written confirmation immediately thereafter.

2. The representative, teacher, school representative, Ho Chi Minh Communist Youth Union, or other organization must appear at the time and location specified in the notification. In cases of justified absence or due to objective obstacles, the competent authority for litigation proceedings or the person with authority to conduct litigation proceedings may postpone the litigation activity or request the school representative, Ho Chi Minh Communist Youth Union, or other organization to immediately appoint another person to participate in the litigation to protect the legitimate rights and interests of the participant under 18 years old.

Article 10. Ensuring the Participation in Legal Proceedings of Defense Counsel and Legal Representatives

1. The competent authority conducting legal proceedings and the person authorized to conduct legal proceedings must notify the accused, victims under 18 years old, their representatives, or close relatives about the invitation of defense counsel and legal representatives to protect their legitimate rights and interests when participating in legal proceedings; if these individuals do not invite such persons, the competent authority conducting legal proceedings and the person authorized to conduct legal proceedings shall handle the situation as follows:

a) Appointing defense counsel if it falls within the cases stipulated in Article 76 of the Criminal Procedure Code;

b) Requesting the State Legal Aid Center to assign a person to provide legal aid as prescribed in point c, Clause 1, Article 8 of this Circular; requesting the organization or entity where the victim is a member to appoint a legal representative for them.

2. Defense counsel for an accused under 18 years old must participate in all stages of the legal proceedings of the case, except in the following cases:

a) The accused, their representative, or close relatives refuse or request to change the defense counsel;

b) The competent authority conducting legal proceedings cancels the registration of the defense counsel according to the provisions of Clause 7, Article 78 of the Criminal Procedure Code;

c) The defense counsel has an irresistible force or an objective obstacle preventing them from providing defense.

3. In the event that the accused, their representative, or close relatives still refuse the appointed defense counsel as provided in point a, Clause 2 of this Article, the competent authority conducting legal proceedings and the person authorized to conduct legal proceedings shall record the refusal in a written statement, include it in the case file, and terminate the appointment of the defense counsel.

In the event of canceling the registration of the defense counsel as provided in point b, Clause 2 of this Article, the competent authority conducting legal proceedings and the person authorized to conduct legal proceedings shall request or propose the Bar Association to assign an organization practicing law to appoint a defense counsel, or the State Legal Aid Center to assign a person to provide legal aid, or the Vietnam Fatherland Front and its affiliated organizations to appoint another People's Defender for the accused.

In the event that the defense counsel cannot participate in the legal proceedings activities as provided in point c, Clause 2 of this Article, depending on the circumstances, the competent authority conducting legal proceedings and the person authorized to conduct legal proceedings shall implement the provisions of Articles 251, 291, 421, and other relevant articles of the Criminal Procedure Code, or request or propose related organizations to appoint a defense counsel, a person to provide legal aid, or another People's Defender for the accused.

4. In addition to the participation of representatives and legal representatives, the competent authority conducting legal proceedings and the person authorized to conduct legal proceedings may propose the Department of Labor - Invalids and Social Affairs, the Women's Union, the Ho Chi Minh Communist Youth Union, the Children's Rights Protection Association, the Legal Aid Center, or other organizations or entities at the location of the legal proceedings to appoint a participant in the legal proceedings to support and protect the accused, victims under 18 years old without family, without stable residence, victims under 18 years old who have been sexually abused, subjected to violence, or trafficked, upon request of the accused, victims, their representatives, or legal representatives, or when the competent authority conducting legal proceedings and the person authorized to conduct legal proceedings consider it necessary.

Article 11. Coordination in Implementing Supervision over Persons Under 18 Years Old Accused of Crimes

1. The competent authority conducting criminal proceedings may issue a decision entrusting persons under 18 years old who are accused of crimes to be supervised by their representatives in accordance with Article 418 of the Criminal Procedure Code.

The decision entrusting supervision over persons under 18 years old must be immediately sent to the representative entrusted with the supervision task.

2. The representative entrusted with the supervision task shall have the responsibility to closely coordinate with the competent authority conducting criminal proceedings, other relevant agencies, and organizations in supervising persons under 18 years old who are accused of crimes; if they discover signs indicating that such persons are attempting to escape or committing other acts as stipulated in Clause 2 of Article 418 of the Criminal Procedure Code, they must promptly take measures to prevent and immediately report by phone or other fastest means to the competent authority conducting criminal proceedings for coordinated handling.

In cases where the representative entrusted with the supervision task violates their supervisory obligations, resulting in the accused person under 18 years old escaping or committing other acts as stipulated in Clause 2 of Article 418 of the Criminal Procedure Code, they may be subject to changes or legal sanctions depending on the nature and severity of the violation.

Article 12. Application of Preventive Measures and Escort Measures

1. Before deciding to apply emergency detention, arrest, temporary detention, or pre-trial detention for persons under 18 years old, the competent authority conducting criminal proceedings and authorized persons conducting criminal proceedings must consider and carefully apply supervision measures, residence prohibition, or temporary suspension of departure as prescribed in Articles 123 and 124 of the Criminal Procedure Code.

After deciding to detain a defendant under 18 years old, if there is sufficient basis to apply bail or deposit guarantee, the competent authority conducting criminal proceedings should immediately replace pre-trial detention with bail or deposit guarantee.

2. Pre-trial detention and temporary detention measures as prescribed in Clause 1 of Article 419 of the Criminal Procedure Code shall only be applied in cases where persons under 18 years old who are accused of crimes have been subject to supervision measures or other preventive measures as prescribed in Clause 1 of this Article but have escaped and been arrested pursuant to an arrest warrant, showing signs of escape, continuing to commit crimes, or committing other acts as stipulated in Clause 2 of Article 418 of the Criminal Procedure Code.

3. The competent authority conducting criminal proceedings and authorized persons conducting criminal proceedings must regularly monitor, review, and inspect temporary detention and pre-trial detention of persons under 18 years old; if they find that there is no longer a basis or it is no longer necessary to detain them, they must promptly issue a decision to revoke or replace the detention with another preventive measure.

4. The competent authority conducting criminal proceedings and authorized persons conducting criminal proceedings may apply escort measures for persons under 18 years old in the following cases:

a) Defendants who have been summoned twice but intentionally fail to appear without force majeure or objective obstacles;

b) Persons held in emergency situations, defendants, and accused persons being transferred from detention facilities to locations for investigation, prosecution, or trial of the case.

Article 13. Coordinating to promptly and timely resolve cases involving victims under 18 years old who have been sexually abused, subjected to violence, or trafficked.

For cases involving victims under 18 years old who have been sexually abused, subjected to violence, or trafficked, competent authorities conducting criminal proceedings and persons with authority to conduct such proceedings must closely coordinate with each other and cooperate with relevant agencies, organizations, and individuals from the moment information about the crime is discovered; promptly investigate, verify, collect evidence, initiate prosecution, investigate, prosecute, and adjudicate, ensuring that the case is resolved quickly and timely within the shortest possible time.

Article 14. Taking statements and interrogating participants in criminal proceedings who are under 18 years old

1. Taking statements from persons held in emergency situations, arrested persons, detained persons, victims, and witnesses under 18 years old may be conducted at their place of study, work, or residence, or at the location where the investigation is being carried out. Interrogating suspects under 18 years old may be conducted at their place of residence or at the location where the investigation is being carried out. If taking statements or interrogating at the location where the investigation, prosecution, or trial is being carried out, a friendly and suitable room for taking statements or interrogating must be arranged in accordance with the psychology of persons under 18 years old.

In the case of taking statements from victims under 18 years old who have been sexually abused, subjected to violence, or trafficked, priority should be given to taking statements at their place of residence; if there is no place of residence, it must be conducted at a child care facility as provided by law.

2. Taking statements and interrogating must follow the correct procedures, formalities, and timing, ensuring the participation of representatives, defense counsel, and persons protecting the legitimate rights and interests of persons under 18 years old as stipulated in Article 183, Article 421, and other relevant provisions of the Criminal Procedure Code and Circular Jointly Issued No. 03/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP dated January 1, 2018 guiding the procedures and formalities for recording audio or video with sound; using, preserving, and storing the results of audio or video recordings with sound during the investigation, prosecution, and trial.

In cases involving victims under 18 years old who have been sexually abused, subjected to violence, or trafficked, taking their statements must be conducted immediately after receiving information about the crime.

3. When taking statements and interrogating, persons with authority to conduct criminal proceedings must have a friendly and gentle attitude, use understandable language appropriate to their age, gender, and cognitive ability; consider applying appropriate measures to minimize the time and number of times statements are taken or interrogations are conducted, and must immediately stop taking statements or interrogating when the person under 18 years old shows signs of fatigue affecting their ability to provide accurate and complete statements.

4. Representatives and defense counsel of persons under 18 years old may participate in questioning persons held in emergency situations, arrested persons, detained persons, and suspects under 18 years old. Investigators and Prosecutors must not ask questions and must immediately stop questioning if the questions from representatives or defense counsel are suggestive, leading, or affirming/negating related to the case. If signs of collusion or coaching are detected from representatives or defense counsel, they must immediately stop questioning, record it, and report to the competent authority for handling according to the law.

Article 15. Coordination in the application of supervision and education measures for persons under 18 years old who commit crimes exempt from criminal responsibility

1. When it is deemed that a person under 18 years old meets the conditions to be exempt from criminal responsibility and for the application of reprimand measures, community reconciliation, and education at commune, ward, town level as prescribed by the Criminal Code, the investigative agency or the investigator must notify the person under 18 years old who commits a crime or their representative, the victim and their representative about the possibility of exemption from criminal responsibility and the application of supervision and education measures.

2. The investigative agency or the investigator shall only decide to exempt criminal responsibility and apply reprimand measures and education at commune, ward, town level if the person under 18 years old who commits a crime or their representative submits a written request for such application.

The investigative agency or the investigator shall only decide to exempt criminal responsibility and apply community reconciliation measures if the person under 18 years old who commits a crime or their representative submits a written request for such application; the victim and their representative voluntarily reconcile and submit a written request for exemption from criminal responsibility. The successful reconciliation result serves as the basis for the competent investigative agency or the competent investigator to decide on the exemption from criminal responsibility.

3. The issuance of decisions on supervision and education is carried out according to the provisions of Clause 3, Article 427, Clause 3, Article 428, and Clause 3, Article 429 of the Criminal Procedure Code. Decisions on supervision and education issued by the Investigative Agency must be sent to the same-level Prosecution Office.

4. The People's Committee of the commune where the person under 18 years old who is exempted from criminal responsibility and subject to community reconciliation and education at commune, ward, town level resides shall be responsible for coordinating with the investigative agency, the investigator, family, school, and other relevant agencies, organizations, and individuals to organize the implementation of decisions regarding the application of supervision and education measures for persons under 18 years old who commit crimes.

The organization and implementation of supervision and education measures shall be carried out according to the provisions of Decree No. 37/2018/ND-CP dated March 10, 2018 detailing the implementation of supervision and education measures for persons under 18 years old who commit crimes exempt from criminal responsibility.

Article 16. Coordination in the application of community reconciliation measures

1. Upon receipt of a written request for exemption from criminal responsibility and application of community reconciliation measures from the person under 18 years old who commits a crime or their representative, and a written request for reconciliation and exemption from criminal responsibility from the victim or their representative, the investigative agency or the investigator shall issue a decision to apply community reconciliation measures.

2. At least three days before conducting reconciliation, the investigative agency handling the case must notify in writing about the application of community reconciliation measures for the person under 18 years old who commits a crime and request the People's Committee of the commune where the person under 18 years old resides to coordinate in arranging time, location for reconciliation, inviting participants, and preparing other issues related to organizing reconciliation locally.

3. The People's Committee has the responsibility to implement the contents stipulated in Clause 2 of this Article and notify the investigative agency at least one day before conducting reconciliation; in cases of difficulties or obstacles, they must promptly inform the investigative agency and the investigator to reach a consensus on implementation.

Investigators, Prosecutors, Judges assigned to conduct reconciliation must record and hand over the reconciliation minutes according to the provisions of Clauses 4, 5, and 6, Article 428 of the Criminal Procedure Code.

Upon completion of reconciliation, if the reconciliation is successful, the person under 18 years old who commits a crime, their parent or representative apologizes to the victim and compensates for damages (if any), the victim and their representative have voluntarily reconciled and requested exemption from criminal responsibility (if any), then the investigative agency or the investigator decides to exempt criminal responsibility and apply community reconciliation measures. The person under 18 years old who commits a crime will be subject to supervision and education by the People's Committee of the commune according to the provisions of Clause 4, Article 15 of the Circular. In the event that reconciliation does not succeed, the investigative agency continues to investigate, prosecute, and try the case according to the general procedure.

Article 17. Handling complaints and reports related to the rights and legitimate interests of participants in criminal proceedings under the age of 18

Upon receiving complaints and reports regarding unlawful acts or decisions in criminal proceedings by competent authorities that infringe upon the rights and legitimate interests of participants in criminal proceedings under the age of 18 within their jurisdiction, such competent authorities must classify and coordinate with relevant agencies, organizations, and individuals to resolve the matter promptly and send the resolution document to the person who made the complaint or report in accordance with the procedures and formalities stipulated in Chapter XXXIII of the Criminal Procedure Code and Circular Joint No. 02/2018/TTLT--VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT dated September 5, 2018 on the coordination in implementing certain provisions of the Criminal Procedure Code concerning complaints and reports.

In cases where complaints and reports are made against arrest warrants, detention orders, or temporary detention during the investigation, prosecution, and trial stages, the Supreme People's Procuracy and the Supreme People's Court must resolve the matter immediately within 24 hours from the time of receipt of the complaint or report. If verification is required to clarify the situation, the resolution period may be extended but shall not exceed three days from the date of receipt of the complaint or report.

Article 18. Effective Date

This Circular takes effect from February 5, 2019, replacing Circular Joint No. 01/2011/TTLT-VKSTC-TANDTC-BCA-BTP-BLDTBXH dated July 12, 2011 of the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of the Criminal Procedure Code for participants in criminal proceedings who are minors.

Article 19. Implementation

1. Within their respective jurisdictions, the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Labor, Invalids and Social Affairs are responsible for implementing and supervising the implementation of this Circular; they shall take the lead and coordinate to develop programs and plans for training and enhancing the capabilities of judicial officials in investigative, prosecutorial, and adjudicative skills in cases involving persons under the age of 18; the Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate to develop programs and plans to enhance the social work capabilities of organizations and individuals involved in protecting the rights and legitimate interests of persons under the age of 18.

2. The Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with relevant agencies and organizations to compile research, teaching materials, guidelines for disseminating and promoting laws on protecting the rights and interests of participants in criminal proceedings under the age of 18.

3. Within the scope of their functions and responsibilities, the Prosecutor General of the Supreme People's Procuracy, the President of the Supreme People's Court, the Minister of Public Security, the Minister of Justice, and the Minister of Labor, Invalids and Social Affairs shall issue special procedures for investigation, prosecution, trial, protection, and support for victims under the age of 18 who have been sexually abused, subjected to violence, or trafficked.

4. During the implementation process, if there are difficulties, obstacles, or new issues arise, relevant agencies, organizations, and individuals shall report to the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Labor, Invalids and Social Affairs for consideration, guidance on implementation, or amendment and supplementation as appropriate./.