Joint Circular No. 08/2021/TTLT-BQP-BCA-VKSNDTC stipulates on coordination in the process of arrest, temporary detention, and supervision of arrest and temporary detention by agencies and individuals assigned to carry out certain investigative activities of the Border Guard Force and the Coast Guard.

JOINT CIRCULAR

Article 24Regarding cooperation in the process of arrest, temporary detention, and supervision of arrest and temporary detention by agencies and individuals assigned to conduct certain investigative activities of the Border Guard Force and Coast Guard

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

Pursuant to the Law on Enforcement of Detention and Pretrial Detention dated November 25, 2015;

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

Pursuant to the Law on Organization of Criminal Investigation Agencies dated November 26, 2015;

The Minister of National Defense, the Minister of Public Security, and the Prosecutor General jointly issue this Circular regarding cooperation in the process of arrest, temporary detention, and supervision of arrest and temporary detention by agencies and individuals assigned to conduct certain investigative activities of the Border Guard Force and Coast Guard.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the cooperation among agencies under the People's Army, the People's Public Security, and the People's Procuratorate in the process of arrest, temporary detention, and supervision of arrest and temporary detention by agencies and individuals assigned to conduct certain investigative activities of the Border Guard Force and Coast Guard.

Article 2. Applicability

1. Agencies and persons with authority to conduct criminal proceedings of the Border Guard Force and Coast Guard.

2. Temporary detention facilities, detention centers under the People's Public Security and People's Army, and holding cells within border guard posts.

3. Provincial-level and district-level People's Procuratorates supervise the arrest and temporary detention by agencies and individuals assigned to conduct certain investigative activities of the Border Guard Force and Coast Guard.

4. Agencies, units, organizations, and individuals related to the process of arrest, temporary detention, and supervision of arrest and temporary detention by agencies and individuals assigned to conduct certain investigative activities of the Border Guard Force and Coast Guard.

Article 3. Principles of Cooperation

1. Compliance with the provisions of the Criminal Procedure Code, the Law on Temporary Detention, and this Circular and other relevant legal documents.

2. Ensuring human rights, legitimate rights, and interests of agencies, organizations, and individuals.

Article 4. Definitions

In this Circular, the following terms shall be understood as follows:

1. Cases within the jurisdiction of the Border Guard Force are cases with signs of criminal offenses occurring in border areas on land, coastal areas, islands, and maritime zones managed by the Border Guard Force according to Clause 1, Article 32 of the Law on the Organization of Investigative Agencies.

2. Cases within the jurisdiction of the Coast Guard are cases with signs of criminal offenses occurring in maritime areas and continental shelves of the Socialist Republic of Vietnam managed by the Coast Guard according to Clause 1, Article 35 of the Law on the Organization of Investigative Agencies.

3. Authorized agency of the Border Guard Force is the agency assigned to conduct certain investigative activities of the Border Guard Force.

4. Authorized person of the Border Guard Force is the individual assigned to conduct certain investigative activities of the Border Guard Force.

5. Authorized agency of the Coast Guard is the agency assigned to conduct certain investigative activities of the Coast Guard.

6. Authorized person of the Coast Guard is the individual assigned to conduct certain investigative activities of the Coast Guard

Article 5. Funding for the management and enforcement of temporary detention of persons detained by agencies or individuals assigned to carry out certain investigative activities of the Border Guard Force and the Coast Guard.

1. Detention facilities shall be responsible for ensuring regimes for persons under temporary detention according to the decisions of agencies or authorized individuals of the Border Guard Force and the Coast Guard in accordance with other cases of temporary detention as stipulated in the Law on Enforcement of Temporary Detention and Pre-trial Detention, Decree No. 120/2017/ND-CP dated November 6, 2017 of the Government detailing certain provisions of the Law on Enforcement of Temporary Detention and Pre-trial Detention (hereinafter referred to as Decree No. 120/2017/ND-CP), and regulations of the Ministry of National Defense and the Ministry of Public Security.

2. Funding for the management and enforcement of temporary detention of persons detained by agencies or authorized individuals of the Border Guard Force and the Coast Guard shall be guaranteed by the state budget for detention facilities. The management, use, settlement, and finalization of funding shall be carried out in accordance with the State Budget Law and guiding documents.

3. Annually, the Border Guard Command, the Criminal Investigation Department of the Ministry of National Defense, and specialized units assigned by the Ministry of Public Security shall be responsible for preparing the budget for funding the management and enforcement of temporary detention for their respective detention facilities in accordance with Clause 1 of this Article and report to the competent authority for decision.

Chapter II

COOPERATION IN THE IMPLEMENTATION OF ARREST AND TEMPORARY DETENTION

Article 6. Cooperation in receiving persons arrested or temporarily detained in cases not within the jurisdiction of the Border Guard Force and the Coast Guard

1. When discovering and receiving persons committing crimes on the spot, persons being sought, or persons confessing or surrendering themselves, agencies or authorized individuals of the Border Guard Force and the Coast Guard must prepare records of apprehending persons committing crimes on the spot, persons being sought, records of receiving persons confessing or surrendering themselves, protect the scene (if applicable), seize and temporarily hold weapons and凶器，保存相关物品和文件；进行初步询问；立即将其送交或立即通知有管辖权的侦查机关。如果尚未确定有管辖权的侦查机关，则立即将其送交最近的公安机关侦查机关。

2. The competent investigative agency or the nearest public security bureau's investigative agency shall be responsible for receiving persons and related materials and evidence in cases handed over by agencies or authorized individuals of the Border Guard Force and the Coast Guard for handling in accordance with the law.

Article 7. Cooperation in implementing procedures and formalities for arrest and temporary detention in cases within the jurisdiction of competent agencies of the Border Guard Force and the Coast Guard

1. After apprehending persons committing crimes on the spot or persons being sought, agencies or authorized individuals of the Border Guard Force and the Coast Guard specified in point b, Clause 2, Article 110 of the Criminal Procedure Code shall issue a decision on temporary detention; fully and correctly implement all provisions regarding arrest, handover, and receipt of persons under temporary detention or arrest as stipulated in Articles 111, 112, 114, 115, 116, 117, and 133 of the Criminal Procedure Code and other legal provisions on procedures and formalities for arrest and temporary detention.

2. The decision on temporary detention and related documents concerning arrest and temporary detention must be sent to the People's Procuratorate with jurisdiction for supervision and approval in accordance with the time limits stipulated in Articles 117 and 134 of the Criminal Procedure Code.

3. The dossier when transferring a person under temporary detention to a detention facility includes various types of documents as stipulated in points a, b, c, and d, Clause 1, Article 17 of the Law on Enforcement of Temporary Detention and Pre-trial Detention, and the following documents: Letter of introduction, decision on temporary detention, decision on assignment of Investigative Officer.

Article 8. Coordination in the management of temporary detention rooms at border guard posts

1. Temporary detention rooms under border guard posts shall be organized in accordance with the regulations stipulated by the Minister of National Defense.

The Border Guard Command of the province has the responsibility to notify the People's Procuracy at the same level about the list of border guard posts that have been organized with temporary detention rooms within its jurisdiction. The provincial-level People's Procuracy has the responsibility to notify and direct the People's Procuracy at the district level to supervise the compliance with the law regarding temporary detention rooms under border guard posts within their jurisdiction.

2. Temporary detention rooms under border guard posts shall be responsible for receiving and managing persons held in temporary detention according to the decision on temporary detention made by authorized persons as prescribed in the Criminal Procedure Code and the decision on transfer made by authorized persons as stipulated in Article 19 of the Law on Enforcement of Temporary Detention and Pretrial Detention.

When implementing temporary detention work, the Head of the temporary detention room shall have duties and powers in managing persons held in temporary detention as the Head of the temporary detention center as prescribed in Clause 3, Article 13 of the Law on Enforcement of Temporary Detention and Pretrial Detention and other relevant laws on temporary detention.

3. Coordination in the enforcement of temporary detention

a) The Border Guard Command of the province shall implement the management of temporary detention for temporary detention rooms under border guard posts in accordance with point c, clause 2, Article 10 and clause 4, Article 12 of the Law on Enforcement of Temporary Detention and Pretrial Detention; when implementing the management of temporary detention for temporary detention rooms, it shall use the seal of the Border Guard Command of the province.

b) The Commander of the border guard post shall have the authority and be responsible for assigning, directing, and inspecting the Head of the temporary detention room and forces under his command in guarding and protecting the temporary detention room, implementing the detention management system, and other duties and powers of the Head of the temporary detention room as prescribed in the Law on Enforcement of Temporary Detention and Pretrial Detention, Circular Jointly Issued No. 01/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC dated January 23, 2018 by the Minister of Public Security, the Minister of National Defense, the President of the Supreme People's Court, and the Prosecutor General regarding the coordination relationship between detention facilities and competent authorities conducting criminal proceedings and the People's Procuracy with supervisory authority over the management and enforcement of temporary detention and pretrial detention (abbreviated as Circular Jointly Issued No. 01/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC) and other relevant laws on the enforcement of temporary detention.

c) Temporary detention rooms under border guard posts shall be subject to business management of temporary detention by the Border Guard Command of the province and direct management by the Commander of the border guard post. When performing tasks, the Head of the temporary detention room may use the seal of the border guard post.

d) The Head of the temporary detention room shall be subject to management by the Border Guard Command of the province in terms of temporary detention management; and directly commanded by the Commander of the border guard post in terms of the operation of the temporary detention room.

The Head of the temporary detention room shall have duties and powers as prescribed in Articles 13 and 15 of the Law on Enforcement of Temporary Detention and Pretrial Detention and shall directly organize the implementation of the contents of the detention management system prescribed in Chapter III of the Law on Enforcement of Temporary Detention and Pretrial Detention.

Article 9. Implementation of the management system for persons held in temporary detention at temporary detention rooms under border guard posts

When receiving and managing persons held in temporary detention, the Head of the temporary detention room must comply with the provisions set forth in Chapter III of the Law on Enforcement of Temporary Detention and Pretrial Detention and the following provisions:

1. Health examinations of persons held in temporary detention shall be conducted by the Military Medical Officer of the border guard post. Body checks of persons held in temporary detention shall be carried out by personnel of the same gender as the person being checked. In cases where the border guard post does not have female staff, when examining female persons held in temporary detention, cooperation with local authorities to invite a female citizen from the locality to perform the check and ensure it is conducted in a private place shall be required.

2. Records and documents on health examinations, body checks of persons held in temporary detention, and other documents in the temporary detention file must be prepared according to the model and implemented in accordance with Article 17 of the Law on Enforcement of Temporary Detention and Pretrial Detention and related laws.

Documents in the temporary detention management file must be numbered in sequence and have a summary of the documents contained in the file. The management, storage, exploitation, and use of the temporary detention management file for temporary detention rooms under border guard posts shall be implemented in accordance with the regulations stipulated by the Minister of National Defense.

3. The Head of the temporary detention room shall be responsible for reporting to the Commander of the border guard post to resolve or directly notify in writing the agency handling the case or criminal matter one day before the expiration of the temporary detention period or extension thereof.

In cases where the temporary detention period expires and the agency handling the case or criminal matter does not resolve it, the Head of the temporary detention room shall immediately propose to the People's Procuracy of the district where the border guard post is located to handle it in accordance with the Criminal Procedure Code and the Law on Enforcement of Temporary Detention and Pretrial Detention.

Article 10. Coordination in transferring persons under temporary detention from Detention Cells at Border Guard Posts to other detention facilities

1. In cases where persons under temporary detention are transferred from Detention Cells at Border Guard Posts to other detention facilities, the Head of the Detention Cell shall be responsible for handing over the person with the transfer decision and their file, belongings, personal effects, money, and other assets deposited for safekeeping to the competent authority or escort personnel for handover to the new detention facility.

2. The handover of persons under temporary detention and their files, belongings, personal effects, money, and other assets deposited for safekeeping shall be carried out in accordance with the provisions of Article 12 of Circular Joint Circular No. 01/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC and must be documented in a record.

Article 11. Coordination between detention facilities and competent authorities of the Border Guard Force and Coast Guard in receiving and temporarily detaining persons

1. Responsibilities of the Heads of Detention Houses, Detention Cells, and Prison Wardens

The Heads of Detention Houses, Detention Cells, and Prison Wardens shall perform their duties and powers as prescribed in Clause 3, Article 13, and Clause 2, Article 15 of the Law on Enforcement of Temporary Detention and Temporary Imprisonment, and the following specific tasks:

a) Receiving, managing, and implementing temporary detention of persons according to the temporary detention decision or transfer decision issued by the competent authority of the Border Guard Force or Coast Guard;

b) Handing over persons under temporary detention to the competent authority that issued the temporary detention decision when all necessary procedures are completed as stipulated in Clause 2, Article 19, Article 20, and Clause 1, Article 21 of the Law on Enforcement of Temporary Detention and Temporary Imprisonment;

c) Cooperating and creating conditions for officers of the authority that issued the temporary detention decision to take statements or conduct other investigative activities against persons under temporary detention;

d) Implementing management regimes, food, clothing, accommodation, and medical care for persons under temporary detention in accordance with the Law on Enforcement of Temporary Detention and Temporary Imprisonment, Decree No. 120/2017/NĐ-CP, and regulations of the Ministry of Public Security and the Ministry of National Defense;

đ) Notifying in writing the authority that issued the temporary detention decision in cases where persons under temporary detention escape from the place of detention; before the expiration of the temporary detention period, extending the temporary detention by one day; persons under temporary detention falling ill, injured, or dying in detention cells, detention houses, or prisons; persons under temporary detention violating laws or internal rules of the detention facility for handling in accordance with the Criminal Procedure Code, the Law on Enforcement of Temporary Detention and Temporary Imprisonment, and other relevant laws on temporary detention. If the issuing authority does not handle the matter, immediately propose to the People's Procuratorate with supervisory power over the management and enforcement of temporary detention and imprisonment to process it and immediately notify the immediate superior of the issuing authority.

2. Responsibilities of the competent authority of the Border Guard Force and Coast Guard

a) Organizing forces and means to escort and hand over persons under temporary detention and their files, documents, belongings, and related assets to detention facilities in accordance with Article 4 of Joint Circular No. 01/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC; the handover must be documented in a record;

b) Cooperating with detention facilities to apprehend persons who have escaped after being decided to be temporarily detained by their own authority and resolving cases where the temporary detention period has expired, persons under temporary detention have died or fallen ill and need to be taken to external healthcare facilities for treatment;

c) When the competent authority of the Border Guard Force or Coast Guard arrives at the detention facility to conduct investigative activities against persons under temporary detention decided by their own authority, they must present the assignment decision to handle the case or the agreement document from the competent authority currently handling the case.

3. The transfer, receipt, and temporary detention of persons along with their files, evidence, and related assets shall be carried out in accordance with Articles 13, 16, 17, and 21 of the Law on Enforcement of Temporary Detention and Temporary Imprisonment; Joint Circular No. 01/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC.

Article 12. Coordination in handling cases where persons under temporary detention in cases or criminal proceedings within the jurisdiction of Border Guard Forces or Maritime Police are taken to medical facilities outside detention centers for examination and treatment, or where such persons die.

The act of taking persons under temporary detention to medical facilities outside detention centers for examination and treatment, or handling cases where such persons die, shall be carried out in accordance with the provisions of the Law on Enforcement of Temporary Detention and the following regulations:

1. For temporary detention rooms at Border Guard Posts

a) In cases where persons under temporary detention suffer from illness or injury beyond the treatment capacity of Military Medical Personnel, the Border Guard Post shall proceed with formalities to transfer them to local medical facilities or higher-level hospitals for treatment; the Border Guard Post Commander must organize security to ensure safety;

b) In cases where persons under temporary detention die during their period of temporary detention, the Border Guard Post Commander must organize the protection of the scene, immediately notify the agency currently handling the case or criminal proceeding; the People's Procuracy of the district where the Border Guard Post is located; the People's Procuracy currently exercising public prosecution and supervising the handling of the case or criminal proceeding; the Investigation Agency of the Public Security Department of the district where the Border Guard Post is located; the Criminal Investigation Agency of the Border Guard Force; the Military Procuracy of the Border Guard Force.

2. For temporary detention houses or pre-trial detention centers

a) In cases where persons under temporary detention suffer from illness or injury beyond the treatment capacity of the detention facility, they shall be transferred to district-level, provincial-level medical facilities, Military Hospitals, or central hospitals for examination and treatment; simultaneously, notification shall be made to the competent agencies or individuals of the Border Guard Force or Maritime Police currently handling the case or criminal proceeding to coordinate in handling the matter and organize security;

b) In cases where persons under temporary detention die, the temporary detention house or pre-trial detention center shall be responsible for handling the matter and notifying the head of the competent agency of the Border Guard Force or Maritime Police currently handling the case or criminal proceeding to coordinate in handling the matter;

c) The head of the competent agency of the Border Guard Force or Maritime Police currently handling the case or criminal proceeding must immediately dispatch staff to the temporary detention house or pre-trial detention center to coordinate in handling the matter.

Article 13. Transfer of files and persons arrested or temporarily detained for handling according to jurisdiction

1. After accepting self-surrendering or voluntary surrendering offenders, or after apprehending offenders caught in the act, those being sought, or those held in urgent circumstances, if there is evidence to determine that it does not fall within the jurisdiction, the competent agency or individual of the Border Guard Force or Maritime Police must immediately hand over the arrested person, the person temporarily detained, and the file to the Investigative Agency with jurisdiction as stipulated in Articles 110, 111, 112, and 145 of the Criminal Procedure Code. If the Investigative Agency with jurisdiction has not been identified, it shall be transferred to the nearest Investigative Agency of the Public Security.

2. In cases where the competent agency or individual of the Border Guard Force or Maritime Police has issued a decision to temporarily detain a person but later determines that the case or criminal proceeding does not fall within its jurisdiction, the case file and the person temporarily detained shall be transferred to the Investigative Agency with jurisdiction or the nearest Investigative Agency of the Public Security for handling.

The Investigative Agency with jurisdiction or the nearest Investigative Agency of the Public Security shall be responsible for receiving the file and the person temporarily detained handed over by the competent agency or individual of the Border Guard Force or Maritime Police.

3. The Investigative Agency that has received the person temporarily detained as stipulated in Clause 2 of this Article shall decide whether to continue applying or revoke the temporary detention measure.

Chapter III

COORDINATION IN SUPERVISING THE ACT OF ARRESTING AND TEMPORARILY DETAINING

Article 14. Coordination in Determining Jurisdiction for Prosecution of Arrests and Temporary Detention

1. The People's Procuracy shall supervise the arrest and temporary detention of persons by border guard forces and maritime police agencies when such persons commit acts with signs of criminal offenses within their jurisdiction.

In cases where crimes are committed at multiple locations or the location of the crime cannot be determined, the supervisory jurisdiction belongs to the Procuracy where the crime was discovered or where the arrest or temporary detention took place, or where the first port of call of the border guard or maritime police vessel transporting the arrested person is located, or where the headquarters of the border guard or maritime police force is located.

2. Where it cannot be determined which county-level Procuracy within a province has jurisdiction, the county-level Procuracy that received information about the arrest or temporary detention shall report to the provincial-level Procuracy to determine the county-level Procuracy responsible for exercising jurisdiction.

Where it cannot be determined which county-level Procuracy in a province has jurisdiction, the county-level Procuracy that received information about the arrest or temporary detention shall report directly to the provincial-level Procuracy under its management to exchange and reach agreement with the relevant provincial-level Procuracy on determining the county-level Procuracy responsible for exercising jurisdiction; if no agreement can be reached, then the provincial-level Procuracy shall report to the Supreme Procuracy to determine the county-level Procuracy with jurisdiction.

Where it cannot be determined which provincial-level Procuracy has jurisdiction, the provincial-level Procuracy that received information about the arrest or temporary detention shall report to the Supreme Procuracy to determine the provincial-level Procuracy with jurisdiction.

3. When a case is identified as not falling within the supervisory jurisdiction of the Procuracy, the Procuracy that initially supervised the case shall immediately notify and transfer the prosecution files and materials to the Procuracy with jurisdiction.

Article 15. Coordination in Supervision of Management and Execution of Temporary Detention in Detention Rooms of Border Guard Posts

1. The county-level Procuracy shall supervise the management and execution of temporary detention in detention rooms of border guard posts within its jurisdiction.

2. When performing supervision tasks over the management and execution of temporary detention in detention rooms of border guard posts, the county-level Procuracy shall have the duties and powers as stipulated in Clause 2 of Article 42 of the Law on Enforcement of Temporary Detention and Temporary Imprisonment and shall be responsible for:

a) Directly supervising the detention room; reviewing temporary detention files; interviewing temporarily detained individuals regarding their detention; verifying and collecting evidence to clarify violations of the law in the execution of temporary detention;

b) Receiving and handling complaints and reports in the execution of temporary detention;

c) Requesting the Head of the detention room to report on compliance with laws on the execution of temporary detention, provide related files and materials, conduct self-inspection, and report the results of the execution of temporary detention to the Procuracy, respond to violations of the law in the execution of temporary detention;

d) Objecting, proposing, demanding the cessation of execution, amendment, or revocation of decisions with violations of the law in temporary detention; demanding the cessation of illegal actions and punishment of violators; promptly discovering and handling violations of the law within its authority; deciding to release immediately those temporarily detained without lawful grounds and contrary to the law;

đ) Initiating criminal proceedings or requesting the Investigation Agency to initiate criminal investigations or notifying the competent agency to examine and resolve according to the law when discovering criminal offenses during the execution of temporary detention;

e) Performing other duties and powers in supervising temporary detention as prescribed by law.

3. The Border Guard Post Commander, the Head of the detention room, and related individuals shall be responsible for implementing decisions and requests of the county-level Procuracy.

Article 16. Direct supervision of compliance with the law in temporary detention rooms at border guard posts

1. Regular and spot direct supervision

a) Once a year, the People's Procuracy of the district shall conduct regular direct supervision of compliance with the law for temporary detention rooms at border guard posts within its jurisdiction when there is activity involving temporary detention.

b) The People's Procuracy of the district shall conduct spot direct supervision of temporary detention at border guard posts when the person under temporary detention escapes or dies during the period of temporary detention; when signs of violation of the law in the process of temporary detention are discovered; or when it deems necessary.

2. Content of direct supervision

a) Supervision of the acceptance of persons under temporary detention and management files for temporary detention;

b) Implementation of management systems for temporary detention and treatment of persons under temporary detention;

c) Acceptance, handling of complaints and denunciations, and other matters related to temporary detention at temporary detention rooms at border guard posts as prescribed by law.

3. Procedures for direct supervision

a) Before conducting regular direct supervision, a decision and plan must be issued. The content of the decision and plan shall follow the guidelines of the Supreme People's Procuracy;

b) At the end of the supervision, the Procuracy shall announce a draft conclusion before the Commandant of the border guard post, the Head of the temporary detention room, and relevant persons;

c) Direct supervision shall be conducted by the Procurator, Deputy Procurator, or Prosecutor assigned to preside over the process;

d) In cases of spot direct supervision, there is no need to send a prior decision and no inspection plan is required.

Article 17. Exercise of rights to request, issue decisions, lodge objections, and make recommendations in the implementation of temporary detention in temporary detention rooms at border guard posts

1. When signs of violation of the law in the implementation of temporary detention in temporary detention rooms at border guard posts are detected, if direct supervision has not been conducted, the People's Procuracy of the district shall issue a document requesting the Head of the temporary detention room to self-inspect the temporary detention and report the results to the Procuracy; provide relevant files and materials concerning the implementation of temporary detention; report on the situation of temporary detention implementation; respond about decisions, measures, or actions violating the law in temporary detention according to point c, Clause 2, Article 42 of the Law on Enforcement of Temporary Detention and Temporary Custody.

2. When determining that there is a violation of the law, the People's Procuracy of the district shall issue decisions, objections, recommendations, and requests according to points d and e, Clause 2, Article 42 of the Law on Enforcement of Temporary Detention and Temporary Custody.

3. The Head of the temporary detention room and related persons shall be responsible for implementing the decisions, objections, recommendations, and requests of the Procuracy according to Article 43 of the Law on Enforcement of Temporary Detention and Temporary Custody.

Article 18. Coordination in resolving and supervising the resolution of complaints and denunciations related to arrest and temporary detention by agencies and authorized persons of the Border Guard Force and Coast Guard

The coordination in resolving and supervising the resolution of complaints and denunciations related to arrest and temporary detention by agencies and authorized persons of the Border Guard Force and Coast Guard shall be carried out according to Chapter XXXIII of the Criminal Procedure Code, Chapter IX of the Law on Enforcement of Temporary Detention and Temporary Custody, and other relevant laws governing the resolution and supervision of the resolution of complaints and denunciations in criminal proceedings and enforcement of temporary detention.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19. Effective Date

1. This Circular takes effect from March 9, 2021.

2. Any legal regulations cited in this Circular, if replaced or amended by new regulations, shall be implemented according to the new regulations.

3. Circular Joint No. 01/2014/TTLT-VKSNDTC-BQP dated February 17, 2014, guiding the implementation of criminal arrest and temporary detention and supervision of criminal arrest and temporary detention at border guard posts by the Procurator General of the Supreme People's Procuracy and the Minister of National Defense, shall cease to be effective from the date this Circular takes effect.

Article 20. Responsibility for Implementation

1. Relevant agencies and units of the Ministry of National Defense, Ministry of Public Security, and the Supreme People's Procuracy involved in arrest, temporary detention, and supervision of arrest and temporary detention of the Border Guard Force and Coast Guard shall be responsible for implementing and organizing the implementation of this Circular.

2. During the implementation, if there are difficulties, relevant agencies and units shall reflect them to the Ministry of National Defense, Ministry of Public Security, and the Supreme People's Procuracy for timely guidance.