Joint Circular No. 13/2013/TTLT-BCA-BQP-VKSNDTC-TANDTC guiding the implementation of certain provisions of the Criminal Procedure Code of 2003 regarding the protection of the lives, health, and property of persons reporting criminal offenses, witnesses, victims, and their relatives in criminal proceedings.

JOINT CIRCULAR

Hguiding the implementation of certain provisions of the Criminal Procedure Code BPenal Code Tof 2003 concerning the protection of life, health, and property of persons reporting criminal offenses,

witnesses, victims, and their relatives

in criminal proceedings in criminal proceedings

 3. Amend Clause 3 Article 2 as follows:development implementing uniformly the provisions of Article 7, Clause 3 of Article 55, Clause 3 of Article 103, and Article 211 of the Criminal Procedure Code of 2003, the Minister of Public Security, the Minister of National Defense, the Chief Prosecutor of the Supreme People's Procuracy, and the President of the Supreme People's Court issue this Joint Circular to guide the implementation of certain provisions of the Criminal Procedure Code of 2003 concerning the protection of life, health, and property of persons reporting criminal offenses, witnesses, victims, and their relatives in criminal proceedings.onArt. 103 and Art. 211 of the Criminal Procedure CodeNo. This Circular guides the implementation of certain provisions of the Criminal Procedure Code of 2003 concerning the protection of life, health, and property of persons reporting criminal offenses, witnesses, victims, and their relatives in criminal proceedings. Director 2. This Circular applies to investigative agencies; relevant agencies, organizations, and individuals involved in protecting the life, health, and property of persons reporting criminal offenses, witnesses, victims, and their relatives in criminal proceedings.âArticle 2. Protected Subjects3cm 1. Persons reporting criminal offenses, witnesses, and victims as defined by criminal procedure laws.No. 2. Relatives of persons reporting criminal offenses, witnesses, and victims include: spouse, biological or adopted children, biological or adopted parents, and parents-in-law (from either the wife’s or husband’s side) of persons reporting criminal offenses, witnesses, and victims as defined by criminal procedure laws./acute infectious diseases of producers/processers ... The subjects specified in Clauses 1 and 2 of this Article shall collectively be referred to as protected persons.No. Article 3. Scope of Protection

Article 1. Scope of Regulation and Applicability

1. Protected persons shall be safeguarded by competent authorities for their safety regarding life, health, and property when there is evidence that they have been or will be harmed due to providing evidence, physical evidence, information, or documents directly related to criminal acts, perpetrators in criminal cases. Evidence of harm means actual harm or credible threats of significant harm, or based on the particularly dangerous nature of the crime and the important role of witnesses, reporters of criminal offenses, and victims in criminal proceedings, protective measures must be taken to ensure the safety of the protected person and the requirements of investigation, prosecution, and trial.

2. Protective measures shall be implemented throughout the period during which there is evidence of actual or potential harm, without time limitation (during the handling of reports of criminal offenses, investigation, prosecution, trial of criminal cases, or even after the judgment has become legally binding).

3. In cases where there is evidence of actual or potential harm for reasons other than providing evidence, physical evidence, information, or documents directly related to criminal acts or perpetrators in criminal proceedings, such cases do not fall within the scope of protection under this Circular.

1. Persons who report crimes, witnesses, and victims as provided for by criminal procedure laws.

2. Close relatives of persons who report crimes, witnesses, and victims including: spouse, children (both biological and adopted), parents (both biological and adoptive) of the person reporting the crime, witness, or victim as provided for by criminal procedure laws.

The subjects specified in Clause 1 and Clause 2 of this Article shall hereinafter be collectively referred to as protected persons.

Art. 3. Scope of Protection

1. Protected persons shall be safeguarded by competent authorities in terms of their lives, health, and property when there is evidence that they have been or will be harmed due to providing evidence, physical evidence, information, and documents directly related to criminal acts, perpetrators in criminal cases. Evidence of harm means actual harm suffered or credible threats of significant harm, or based on the particularly dangerous nature of the crime and the important role of the witness, the person reporting the crime, or the victim in criminal proceedings, it is necessary to implement protective measures to ensure the safety of the protected person and the requirements of investigative, prosecution, and adjudicative activities.

2. Protective measures shall be implemented throughout the period during which there is evidence of actual or potential harm, without time limitation (during the handling of crime reports, investigations, prosecutions, trials of criminal cases, or even after the judgment has become legally binding).

3. In cases where there is evidence of actual or potential harm due to reasons other than providing evidence, physical evidence, information, and documents directly related to criminal acts or perpetrators in criminal proceedings, such cases do not fall within the scope of protection under this Circular.

Article 4. Rights of the Protected Person

1. To be informed by the investigative authority handling criminal reports, accusations, and criminal cases about their right to protection, and to request the application of measures to protect their life, health, and property when there is evidence that they have been or will be harmed.

The request must be made in writing. In urgent situations, it may be made orally or through communication means, but must subsequently be confirmed in writing.

2. To be informed in advance about protective measures and to have the right to propose changes or additions to protective measures if there is factual evidence that previous protective measures do not ensure safety for their life, health, and property.

3. To be compensated for property damage; to receive assistance for loss of life or health according to the provisions of the law.

4. For protected persons who are civil servants, workers, employees, or those working in economic, political, cultural, or social organizations; officers, non-commissioned officers, workers, employees, soldiers of the People's Public Security Forces; officers, non-commissioned officers, professional soldiers, workers, defense employees, non-commissioned officers, soldiers of the People's Army, shall not be transferred, demoted, or reduced in rank or salary due to absence during the time the authority applies protective measures.

Article 5. Obligations of the Protected Person

1. Strictly comply with the requirements of the responsible protection agency regarding travel, accommodation, daily activities, work, study, communication, visits, and other activities.

2. Not to disclose information about their place of residence, workplace, study, identity change, or other protective measures to others, including relatives, without the consent of the responsible protection agency.

3. Timely report unusual incidents or situations that may be related to the protection activities of the responsible protection agency.

4. If the protected person does not fulfill the obligations stipulated in Clauses 1, 2, and 3 of this Article and suffers harm, they must bear responsibility for their own life, health, and property.

Article 6. Protective Measures

1. Deploying personnel and equipment; conducting operational measures; using weapons, support tools, transportation, and communication means to guard and protect (at court sessions, places of residence, workplaces, and study locations of the protected person, on transportation means, and other necessary places).

2. Limiting the scope of travel, communication, visits, work, and study of the protected person for a certain period when considering the level of attack or harm from the crime against the protected person to be highly dangerous.

3. Keeping secret the provision of evidence, physical evidence, and documents directly related to the criminal act and the perpetrator when requested by the protected person or when it is considered that they may be in danger due to the provision of such evidence, physical evidence, and documents. Depending on each specific case, before bringing the case to trial, the presiding judge needs to discuss and agree with the responsible protection agency on the application of forms to ensure confidentiality for the protected person, such as prohibiting recording, photographing at the court session; not publishing the name and background of the protected person; isolating the protected person and conducting private questioning of the protected person... For defense counsel, when accessing and studying reports, statements, or other documents in the case file related to the person under protective measures, they must commit to confidentiality in writing and bear legal responsibility for that commitment.

4. Moving and keeping secret the place of residence, workplace, and study location of the protected person:

a) When necessary, the protected person may be moved out of their place of residence, workplace, and study location, and the new place of residence, workplace, and study location must be kept absolutely confidential. The duration of the move may be temporary or permanent. The scope of the move may be within the same locality or to another locality or abroad depending on the specific circumstances and conditions allowed.

b) In emergency situations, the protected person may temporarily be moved to the headquarters of the police agency, military agency, or other locations under the management and protection of these agencies.

5. Deterrence, warning, and neutralization of harmful acts against the protected person; applying preventive measures as prescribed by law to promptly prevent and handle harmful acts against the protected person.

6. Changing the whereabouts, background, personal characteristics, and appearance of the protected person.

7. Other protective measures.

The measures prescribed in Clauses 1, 2, 3, 4, 5, and 7 of this Article shall be applied in any situation deemed necessary by the responsible protection agency; however, the measure prescribed in Clause 6 of this Article requires the consent of the protected person or their lawful representative.

Article 7. Authorities and persons with the authority to decide on the application of protective measures

1. Authorities with the authority to apply protective measures include:

a) Investigative agencies within the People's Public Security;

b) Investigative agencies within the People's Armed Forces.

2. Persons authorized to issue decisions on the application of protective measures include:

a) Heads and Deputy Heads of investigative agencies within the People's Public Security who have the authority to issue decisions on the application of protective measures for protected individuals in criminal cases handled, resolved, or investigated by their own agency, or at the request of the People's Procuracy or the People's Court at the same level; or at the request of the Supreme People's Procuracy;

b) Heads and Deputy Heads of investigative agencies within the People's Armed Forces who have the authority to issue decisions on the application of protective measures for protected individuals in criminal cases handled, resolved, or investigated by their own agency, or at the request of the Military Procuracy or the Military Court at the same level; or at the request of the Central Military Procuracy.

3. The People's Procuracy and People's Courts at all levels, if they consider it necessary to apply protective measures for protected individuals, shall propose that the investigative agency directly handling the criminal case issue a decision to apply protective measures for them. Such proposals must be made in writing.

Investigative agencies of the Supreme People's Procuracy and the Central Military Procuracy, if they consider it necessary to apply protective measures for protected individuals in criminal cases handled, resolved, or investigated by their own agency, shall report to the Chief Prosecutor of the Supreme People's Procuracy or the Chief Prosecutor of the Central Military Procuracy, who will issue a written proposal requesting the Criminal Investigation Agency, the Security Investigation Agency under the Ministry of Public Security, the Criminal Investigation Agency, or the Security Investigation Agency under the Ministry of National Defense to issue a decision to apply protective measures.

Article 8. Decision on the Application of Protective Measures

The decision on the application of protective measures must clearly state the name of the person issuing the decision; the name of the agency responsible for protection; the name, date of birth, place of residence of the protected individual, the start time of the protective measures; and the protective measures applied.

This decision must be sent to the protected individual, the People's Procuracy, and the People's Court that requested the application of protective measures, as well as relevant units for implementation.

Article 9. Agencies Responsible for Protection

The agency responsible for protection is the Investigative Agency within the People's Public Security. The Investigative Agency within the People's Armed Forces that has issued a decision on the application of protective measures.

The deployment of forces, means, and other necessary conditions for protecting the life, health, and property of the protected individual; the relationship of coordination between the agency responsible for protection and related agencies and units within the People's Public Security and the People's Armed Forces shall be regulated by the Minister of Public Security and the Minister of National Defense.

Article 10. Procedure and Formalities for Deciding on and Implementing Protective Measures

1. Upon receiving information about the need for protection, the agency responsible for protection must promptly collect necessary documents, verify the authenticity of the source of information, and base on the fact that the protected individual has been or will be harmed by a crime, the actual threat to the protected individual, determine the scope and targets requiring protection; propose protective measures to ensure the safety of the protected individual and the requirements of the investigation, prosecution, and trial activities. If it is determined that the application of protective measures is not necessary, the reasons must be explained to the requesting agency or individual and guidance provided on alternative measures.

2. In urgent situations where immediate action is needed to prevent threats to the life, health, and property of the protected individual, the agency responsible for protection must immediately apply necessary protective measures such as dispatching protective forces to the residence, workplace, or study location of the protected individual, or temporarily relocating the protected individual to a safe location.

3. Before deciding on protective measures, if it is deemed necessary to mobilize multiple forces, means, and measures for protection, especially in complex cases or organized crime, drug-related crimes, transnational crimes, serious corruption cases, the Head or Deputy Head of the Investigative Agency within the People's Public Security with the authority to make such decisions must report to the Director of the Public Security Department of the province or centrally-administered city (if located in a local area) or the Director of the Criminal Police General Corps, the Director of the Security Police General Corps II (if located in the Ministry of Public Security). In special cases, a report must be made to the leadership of the Ministry of Public Security. For the Investigative Agency within the People's Armed Forces with the authority to make such decisions, a report must be made to the Head of the Military Region Command (if the case falls under the jurisdiction of the regional criminal investigation agency or the military security investigation agency of the military region and equivalent) or the Head of the Ministry of National Defense (if the case falls under the jurisdiction of the national defense criminal investigation agency or the national defense security investigation agency).

4. During the implementation of protective measures, if new protection needs arise requiring additional means and protective forces, the agency deciding on the application of protective measures must issue a supplementary decision on the application of protective measures. This decision must be sent to the units responsible for implementing protection and simultaneously notified to the protected individual.

5. When the basis for the fact that the protected individual has been or will be harmed no longer exists, the person issuing the decision on the application of protective measures must issue a written decision to terminate the application of protective measures and notify relevant agencies, units, and individuals.

Article 11. Responsibilities of agencies

1. Responsibilities of judicial authorities:

Judicial authorities, while performing their duties and exercising their powers, if they receive a protection request from the protected individual and find evidence of harm by a crime against the protected individual, have the responsibility to apply protective measures or propose that the competent authority issue a decision to apply protective measures for the protected individual.

2. Responsibilities of the agency issuing the decision on the application of protective measures:

a) The authority issuing protective measures shall be responsible for its decisions; take the lead, coordinate with relevant agencies, organizations, and local authorities to organize the implementation of protective measures;

b) Develop a protection plan for the protected person; establish, manage, store, and utilize protective files according to confidential document regulations;

c) Monitor, summarize, and resolve arising issues; submit annual reports to competent authorities on a regular basis;

3. Responsibilities of relevant agencies in implementing protective measures:

a) Relevant agencies must strictly implement the protection requirements of the authority issuing protective measures. If there are difficulties or inability to meet protection requirements, they must immediately notify the decision-making authority in writing;

b) In cases where multiple protection requests arise simultaneously, based on their actual conditions, they must urgently prioritize resources for protecting individuals who have been or will be harmed, prioritizing those involved in national security, drug-related, corruption, organized transnational crimes, etc.;

c) Propose appropriate protection methods and forms that fit practical situations to achieve the best results;

d) Regularly report the results of assigned protection work to the authority deciding on protective measures;

4. Request local People's Committees, organizations, and mass associations to cooperate and support during the implementation of assigned protective measures;

Article 12. Protective Files

1. The following forms are attached to this Circular:

a) Decision on Implementing Protective Measures (Form BV01);

b) Decision on Terminating Implementation of Protective Measures (Form BV02);

c) Decision on Supplementing Implementation of Protective Measures (Form BV03);

d) Decision on Changing Implementation of Protective Measures (Form BV04);

2. A protective file includes:

a) Documents reflecting information and grounds regarding past or potential criminal harm to the protected person;

b) Requests for implementing or changing protective measures for the life, health, and property of the protected person;

c) Results of verification of harmful acts; consequences of damage occurred and handling by competent authorities;

d) Decision on implementing protective measures;

đ) Decision on supplementing implementation of protective measures (if applicable);

e) Documents reflecting the process of implementing protective measures; reports requesting guidance from superiors; contents of instructions from responsible protectors; summaries of investigations, pursuits, and arrests of perpetrators who attacked or harmed the protected person;

g) Documents requesting support and coordination from agencies, units, and individuals for protection; documents reflecting the results of coordination;

h) Documents reflecting compensation and assistance provided to the protected person for property, life, and health losses;

i) Reports on the results of implementing protective measures;

k) Decision on terminating protective measures;

l) Other related documents and materials;

Article 13. Funding for Ensuring Gender Equality in Legal Aid

The Ministry of Public Security and the Ministry of National Defense shall prepare budgets, use, and settle accounts for funds ensuring the implementation of protective measures under this Circular in accordance with the State Budget Law and guiding documents;

Article 14. Implementation clause

1. This Circular takes effect from February 14, 2014.

2. During the implementation of this Circular, if any issues arise, agencies and units shall reflect them to the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Procuracy, and the Supreme People's Court for timely guidance./;