Circular No. 28/2020/TT-BCA detailing the procedures and formalities for receiving, classifying, handling, and resolving reports of criminal offenses and recommendations for prosecution by the People's Police force

CIRCULAR

Regulations on the procedures for receiving, classifying,

handling, and resolving reports of criminal offenses and requests for prosecution by the People's Public Security Forces

The Public Security Minister issues this Circular to regulate the procedures for receiving, classifying, handling, and resolving reports of criminal offenses and requests for prosecution by the People's Public Security Forces.

Pursuant to the Criminal Procedure Code 2015;

Pursuant to the Criminal Procedure Organization Law of 2015;

Pursuant to the Law on People's Police 2018;

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

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy on the coordination among competent authorities in implementing certain provisions of the 2015 Criminal Procedure Code regarding the receipt and resolution of reports of criminal offenses and requests for prosecution;Joint Circular No. 01/2017 of the Ministers of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Prosecutor General of the Supreme People's Procuracy on the coordination among competent authorities in implementing certain provisions of the 2015 Criminal Procedure Code regarding the receipt and resolution of reports of criminal offenses and requests for prosecution;

At the proposal of the Director of the Investigation Department under the Ministry of Public Security;

This Circular regulates the procedures for receiving, classifying, handling, and resolving reports of criminal offenses and requests for prosecution by the People's Public Security Forces.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to investigative agencies, heads, deputy heads, investigators, and investigation officers under the investigative agencies of the People's Public Security; agencies assigned tasks to conduct certain investigative activities, heads, deputy heads, and investigation officers under agencies assigned tasks to conduct certain investigative activities of the People's Public Security; police stations, police posts, police stations, and other units of the People's Public Security and organizations and individuals related to the receipt and resolution of reports of criminal offenses and requests for prosecution.

Article 2. Applicability

Article 3. Principles for receiving, classifying, handling, and resolving reports of criminal offenses and requests for prosecution

1. Authorities and persons with jurisdiction must strictly comply with the principles for receiving, classifying, handling, and resolving reports of criminal offenses and requests for prosecution as stipulated in Article 4 of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Minister of Agriculture and Rural Development, and the Prosecutor General of the Supreme People's Procuracy on the coordination among competent authorities in implementing certain provisions of the 2015 Criminal Procedure Code regarding the receipt and resolution of reports of criminal offenses and requests for prosecution (hereinafter referred to as Joint Circular No. 01/2017).

2. Ensure that all reports of criminal offenses and requests for prosecution are received, classified, handled, inspected, verified, and resolved promptly and within the prescribed time limits, without allowing crimes or offenders, including commercial legal entities, to go unpunished, and without wrongfully accusing innocent individuals or commercial legal entities.

3. The receipt and resolution of reports of criminal offenses and requests for prosecution must be objective, comprehensive, complete, accurate, timely, and in accordance with the law; violations of the law in these processes must be detected, corrected, and dealt with strictly and promptly.

4. Protection of informants, witnesses, victims, and other participants in proceedings must be carried out in accordance with Chapter XXXIV of the 2015 Criminal Procedure Code.

RECEIVING REPORTS OF CRIMINAL OFFENSES AND REQUESTS FOR PROSECUTION

Chapter II
SPECIFIC PROVISIONS

PART 1
TIẾP NHẬN TỐ GIÁC, TIN BÁO VỀ TỘI PHẠM, KIẾN NGHỊ KHỞI TỐ

Article 4. Organizing the Acceptance of Reports and Tips on Criminal Offenses and Requests for Prosecution

1. The criminal investigation agencies of the People's Public Security must organize a 24/24-hour criminal duty shift to fully accept all reports and tips on criminal offenses, requests for prosecution, self-confessions, surrenders, arrests under arrest warrants, cases of crimes caught in the act; accept case files for handling reports and tips on criminal offenses and requests for prosecution, criminal case files transferred from other agencies and units; accept registration files for defense of persons held in urgent situations, persons arrested in cases of crimes caught in the act or according to arrest warrants, persons temporarily detained, defendants; accept registration files for protecting the legitimate rights and interests of victims, parties, persons reported, persons requested for prosecution. The criminal duty shift shall be carried out as follows:

a) The Office of the Criminal Police Investigation Department of the Ministry of Public Security shall organize the implementation of the criminal duty shift work of the Criminal Police Investigation Department of the Ministry of Public Security, the Social Order Crime Investigation Bureau; the Corruption, Economic and Smuggling Crime Investigation Bureau; the Drug Crime Investigation Bureau shall organize the criminal duty shift when not located at the same office as the Office of the Criminal Police Investigation Department of the Ministry of Public Security;

b) The Office of the Criminal Police Investigation Department of the provincial-level public security agency (hereinafter referred to collectively as the provincial-level public security agency) shall organize the implementation of the criminal duty shift work of the Criminal Police Investigation Department of the provincial-level public security agency, the Social Order Crime Investigation Division; the Corruption, Economic and Smuggling Crime Investigation Division; the Drug Crime Investigation Division shall organize the criminal duty shift when not located at the same office as the Office of the Criminal Police Investigation Department of the provincial-level public security agency;

c) The Criminal Police Investigation Department of the district-level public security agency (hereinafter referred to collectively as the district-level public security agency) shall be organized and implemented by the General Investigation Team; other specialized teams under the Criminal Police Investigation Department of the district-level public security agency shall participate in the criminal duty shift work when required;

d) The Security Investigation Agency of the Ministry of Public Security shall be organized and implemented by the Security Investigation Bureau;

e) The Security Investigation Agency of the provincial-level public security agency shall be organized and implemented by the Security Investigation Division.

2. Agencies assigned tasks to carry out certain investigative activities of the People's Public Security; village police stations, town police stations, police posts, police stations, and other units of the People's Public Security must arrange officers on duty according to the regulations of the Ministry of Public Security to promptly accept reports and tips on criminal offenses.

3. The location of the criminal duty shift office must be convenient, easily recognizable, with a sign "CRIMINAL DUTY SHIFT" with a blue background and white letters, clearly stating the name of the agency, contact phone number, and placed with a box for reports and tips on criminal offenses, and announced on mass media so that agencies, organizations, and the general public are aware. Units organizing the criminal duty shift work must prepare all necessary equipment and means to ensure the criminal duty shift work and reception of citizens according to the law. At the criminal duty shift office, the internal rules for receiving citizens, the names of duty officers, working hours, and procedures must be publicly posted. Officers performing the criminal duty shift must have skills in receiving citizens, handling various situations, understanding legal provisions, especially those related to the acceptance, classification, processing, and resolution of reports and tips on criminal offenses and requests for prosecution; accepting and resolving complaints, denunciations, and citizen reflections.

4. The Office of the Criminal Police Investigation Department of the Ministry of Public Security, the Security Investigation Bureau of the Ministry of Public Security; the Office of the Criminal Police Investigation Department of the provincial-level public security agency, the Security Investigation Division of the provincial-level public security agency; the General Investigation Team of the district-level public security agency are the focal points for monitoring and accepting reports and tips on criminal offenses reflected in mass media. In cases where other agencies of the People's Public Security discover reports and tips on criminal offenses reflected in mass media, they shall accept them to handle promptly according to the law or transfer them to competent authorities for handling and resolution.

5. Officers engaged in the criminal duty shift or assigned to accept reports and tips on criminal offenses shall only accept reports and tips on criminal offenses and requests for prosecution, and shall not accept information directly reported or submitted in person by individuals or representatives of agencies and organizations, or through other forms of written documents related to administrative or civil matters outside the jurisdiction of the People's Public Security force, but instead shall prepare a record guiding citizens to submit their petitions to the competent authority for resolution (except for cases where petitions or letters are sent via postal service or courier).

Article 5. Procedure and formalities for receiving reports of criminal offenses and recommendations for prosecution

If the person reporting the offense or providing information refuses to provide personal information, the reception process must still be carried out according to the procedure and the reason for refusal must be clearly recorded in the receipt record.

3. In cases where reports of criminal offenses are received through telephone, the receiving officer must record in the reception logbook all of the following information:

a) Time of receiving the information, name of the receiving officer; name, address, phone number, date of birth, ID card number (or citizen identification card number), issuing authority of the person reporting the offense or providing information;

b) Time and location of the incident;

c) Summary of the content and development of the incident;

d) Other related information (if any) such as: name, address, distinguishing features of the suspect, witness, victim, escape route of the suspect, tools and means of committing the crime, damage suffered, actions taken at the scene upon discovery of the incident...

e) Reason why the person reporting the offense or providing information knows about the incident, who else knows about it; if the person reporting the offense or providing information refuses to provide personal information, the receiving officer must still carry out the reception process and clearly record the reason for refusal; subsequently, the receiving officer must write a report in writing to report to leadership for handling.

4. In cases where information about incidents with signs of criminal offenses is reported through mass media, email boxes, radio broadcasts, television broadcasts

a) For information about incidents with signs of criminal offenses reported on mass media, the assigned officers must receive the information by photocopying, recording, or printing the article on paper to report to leadership for handling; for reports of criminal offenses that have been identified as within the jurisdiction of investigation of a specific agency or unit, that agency or unit shall record and resolve. In cases where the location of the incident has not yet been determined or involves multiple provinces or centrally-administered cities and the report of the criminal offense is reflected, the Criminal Investigation Department of the Public Security Office of the district where the mass media outlet (with a clear address) has published the report shall be responsible for receiving and initially handling;

b) For information about incidents with signs of criminal offenses reported on radio broadcasts or television broadcasts, the receiving officer must write a report in writing to report to leadership for handling;

c) For information about incidents with signs of criminal offenses received through email boxes, the receiving officer must print the email on paper or write the content in a report to report to leadership for handling.

5. In cases where letters or documents containing content related to criminal offenses are sent via postal service or courier, immediately after receiving, the receiving officer must classify and report to leadership for handling or transfer to the relevant department or unit responsible for receiving, classifying, and handling reports of criminal offenses and recommendations for prosecution according to the procedures stipulated in this Circular.

6. In cases where individuals under 18 years old, foreigners, or ethnic minorities directly come to report criminal offenses

a) In cases where individuals under 18 years old directly come to report criminal offenses, the receiving officer must prepare a receipt record according to the provisions of Clause 1 of this Article, during the process of work, the receiving officer needs to pay attention to collecting information about the background, history, guardian, or legal representative of the individual under 18 years old and promptly invite them to the office to supervise. In cases where the guardian or legal representative cannot arrive in time, invite a witness or record audio or video (the recording of audio or video is clearly recorded in the receipt record and preserved according to regulations). At the same time, when taking statements, pay attention to their attitude and psychological manifestations to take timely positive actions to ensure effectiveness, then report to leadership for handling;

b) In cases where foreigners or ethnic minorities directly come to report criminal offenses and cannot speak or write in Vietnamese, the receiving officer, based on their language ability, should receive the information or promptly report to leadership to develop a handling plan.

7. For complaints, letters, or other forms of written documents that do not clearly state the name, address, or direct signature or fingerprint of the person reporting the offense or providing information or the sender of the complaint or letter but contain clear content about the person violating the law, specific evidence of the violation, and a basis for verification, the receiving officer must still proceed with the reception, classification, and handling according to the prescribed regulations.

Article 6. Receiving and handling reports of ongoing criminal acts or criminal acts that have just ended and been discovered

1. When receiving reports of ongoing criminal acts or criminal acts that have just ended and been discovered within their jurisdiction or adjacent jurisdictions, the receiving officers must immediately prepare a report or record in the receipt book according to Article 5 of this Circular and promptly report to their leadership and command units.

a) In the case where the receiving agency is a Police Station of a commune, ward, town, Police Post, or Police Station, it must immediately notify the Investigation Agency of the county-level police force where the criminal act occurred or the competent investigation agency to resolve the matter, while simultaneously urgently dispatching personnel to protect the scene and implement urgent measures at the scene as provided in point e of this Clause (excluding on-site examination and autopsy). When the competent investigation agency arrives, they must promptly report the situation and cooperate in implementing other measures as provided in point e of this Clause upon request.

b) In the case where the receiving agency is assigned tasks to conduct certain investigative activities of the People's Public Security, it must immediately notify the competent investigation agency or the nearest police agency to promptly address the matter and organize cooperation if necessary.

c) In the case where the receiving agency is the Criminal Investigation Department of the county-level police force, it must urgently mobilize forces to the scene immediately, coordinate with the commune, ward, town police stations, posts, and stations to implement urgent measures at the scene as provided in point e of this Clause, and inform the same-level Procuracy to cooperate and supervise the investigative activities according to the law.

d) In the case where the receiving agency is the Investigation Department of the Ministry of Public Security or the provincial-level police force, it shall proceed according to the provisions of Article 8 of this Circular.

e) Urgent measures at the scene include:

- Immediately stopping ongoing criminal acts or those that may continue; apprehending the perpetrator in flagrante delicto or pursuing suspects based on hot trails; preventing the destruction of evidence, the disposal of evidence, and other potential consequences; marking the positions of the crime scene and rescuing victims (marking the position of the victim before organizing rescue efforts); recording immediate statements from individuals related to the ongoing criminal act who are in danger of losing their lives; saving property;

- Organizing the protection of the scene;

- Stabilizing the situation and public security in the area and jurisdiction; stabilizing the mental state of the victim and the victim's relatives;

- Taking statements from witnesses, victims, detained suspects, related persons, and legal representatives of the victims (in cases where the victim is a child, a person suffering from a serious illness, physically or mentally impaired, etc.), legal representatives or authorized representatives of organizations or entities that have suffered losses...

- Examining the crime scene and performing autopsies (if necessary); seizing objects, documents, and evidence suspected to be related to the criminal act at the scene.

2. For reports of ongoing criminal acts or criminal acts that have just ended and been discovered in adjacent jurisdictions, if determined not to fall under the jurisdiction of the agency, the Investigation Agency, after completing urgent measures at the scene, has the responsibility to immediately transfer the reports of criminal offenses, along with related documents and items received and the results of implementing measures at the scene, to the competent investigation agency for resolution within a period not exceeding 24 hours from when the basis for determination is established. In cases where immediate transfer is not possible, they must promptly notify the competent investigation agency through the fastest means of communication.

PART 2
CLASSIFICATION AND HANDLING OF REPORTS OF CRIMINAL OFFENSES AND REQUESTS FOR PROSECUTION INITIATION

Article 7. Classification and Handling of Criminal Informations and Reports by Police Stations of Communes, Wards, Towns, Posts, and Outposts

2. The responsibility for handling by police stations of communes, wards, towns, posts, and outposts in certain specific cases is as follows:

c) In the case of receiving information about ongoing criminal acts or criminal acts that have just ended and were discovered within their jurisdiction, follow Point a, Clause 1, Article 6 of this Circular;

d) In the case of receiving information about other violations, after preliminary verification if it is determined that the violation does not reach the level requiring criminal prosecution but only administrative penalties, collect evidence according to the prescribed procedures under the Law on Administrative Offenses; if it falls within their administrative penalty authority, impose penalties, otherwise transfer the violation file to the competent authority for punishment according to the law; if the person committing the violation is subject to administrative measures, prepare a file and transfer it to the competent authority for handling according to the law;

e) In the case of apprehending or receiving a person who is being sought, or a person voluntarily surrendering, follow the provisions of Articles 112 and 152 of the Criminal Procedure Code 2015.

Article 8. Classification and Handling of Informations on Criminal Offenses, Reports on Criminal Offenses, and Requests for Prosecution by Investigation Agencies at Various Levels of the People's Public Security

1. After receiving informations on criminal offenses, reports on criminal offenses, and requests for prosecution according to the procedures and formalities stipulated in Article 5 of this Circular, officers responsible for receiving and handling shall act as follows:

a) In cases where informations on criminal offenses or reports on criminal offenses relate to ongoing criminal acts or criminal acts that have just ended and were discovered immediately upon receipt, the officer must promptly notify the County-level Police Investigation Agency where the incident occurred or the nearest police agency using the fastest communication methods to ensure timely handling. If the received information or report on a criminal offense has dangerous and complex characteristics within the jurisdiction of their own agency, they must report to the leadership for immediate organization of forces to take urgent measures at the scene in accordance with Article 6 of this Circular. If the information or report on a criminal offense is less complex and not within the jurisdiction of their own agency, they must report to the leadership for immediate transfer of all relevant information and materials related to the information or report on the criminal offense to the competent authority for resolution.

b) For other received informations on criminal offenses, reports on criminal offenses, and requests for prosecution, after receipt, the officer must classify and handle them or immediately transfer them to the unit responsible for receiving and handling informations on criminal offenses, reports on criminal offenses, and requests for prosecution within their own agency for classification and handling within 24 hours from the time of receipt.

- If it is determined that the information or report on a criminal offense or request for prosecution falls within the jurisdiction of their own agency, they must report and propose to the Head or Deputy Head of the Investigation Agency assigned (or authorized) to assign the competent unit within their own agency to resolve it in accordance with Section 3 of this Circular.

- If it is determined that the information or report on a criminal offense or request for prosecution does not fall within the jurisdiction of their own agency, they must report and propose to the Head or Deputy Head of the Investigation Agency assigned (or authorized) to immediately transfer the information or report on the criminal offense or request for prosecution to the competent investigation agency for resolution within 24 hours from the time of determination. If immediate transfer is not possible, they must promptly notify the competent investigation agency using the fastest communication methods.

2. After receiving informations on criminal offenses, reports on criminal offenses, and requests for prosecution according to the procedures and formalities stipulated in Article 5 of this Circular, officers responsible for receiving and handling shall act as follows:

a) In cases where informations on criminal offenses or reports on criminal offenses relate to ongoing criminal acts or criminal acts that have just ended and were discovered immediately upon receipt,

- For the Ministry of Public Security Investigation Agency, if it is determined that the information or report on a criminal offense falls within the jurisdiction of their own agency, they must promptly notify the Provincial-level Public Security Investigation Agency where the incident occurred using the fastest communication methods to ensure timely handling. If the information or report on a criminal offense does not fall within the jurisdiction of their own agency, they must promptly notify the County-level Police Investigation Agency where the incident occurred or the nearest police agency using the fastest communication methods to ensure timely handling;

- For the Provincial-level Public Security Investigation Agency, if it is determined that the information or report on a criminal offense falls within the jurisdiction of their own agency or the Ministry of Public Security Investigation Agency, the officer responsible for receiving must report to the leadership for immediate organization of forces to take urgent measures at the scene in accordance with Article 6 of this Circular, coordinating with related units (if any). If the information or report on a criminal offense does not fall within the jurisdiction of their own agency, they must promptly notify the County-level Police Investigation Agency where the incident occurred or the nearest police agency using the fastest communication methods to ensure timely handling, while also reporting to the leadership for immediate transfer of all relevant information and materials related to the information or report on the criminal offense to the competent authority for resolution;

b) For other received informations on criminal offenses, reports on criminal offenses, and requests for prosecution, after receipt, the officer must classify or immediately transfer them to the unit responsible for receiving, classifying, and handling informations on criminal offenses, reports on criminal offenses, and requests for prosecution within their own agency for classification and handling within 24 hours from the time of receipt.

- If it is determined that the information or report on a criminal offense or request for prosecution falls within the jurisdiction of their own agency, they must report and propose to the Head or Deputy Head of the Public Security Investigation Agency assigned (or authorized) to assign the competent unit within their own agency to resolve it in accordance with Section 3 of this Circular.

- If it is determined that the information or report on a criminal offense or request for prosecution does not fall within the jurisdiction of their own agency, they must report and propose to the Head or Deputy Head of the Public Security Investigation Agency assigned (or authorized) to immediately transfer the information or report on the criminal offense or request for prosecution to the competent investigation agency for resolution within 24 hours from the time of determination. If immediate transfer is not possible, they must promptly notify the competent investigation agency using the fastest communication methods.

3. After receiving informations on criminal offenses, reports on criminal offenses, and requests for prosecution according to the procedures and formalities stipulated in Article 5 of this Circular, officers responsible for receiving and handling shall act as follows:

a) In cases where informations on criminal offenses or reports on criminal offenses relate to ongoing criminal acts or criminal acts that have just ended and were discovered immediately upon receipt within their own territory or adjacent territories, they shall follow the procedures stipulated in Article 6 of this Circular.

b) In the case of receiving reports of criminal offenses, accusations, or recommendations for prosecution, the receiving officer must immediately classify, process, or transfer to the designated department for classification and processing within no more than 24 hours from the time of receipt.

- If it is determined that the report of a criminal offense, accusation, or recommendation for prosecution falls within the jurisdiction of their own agency, they shall report and propose to the Head or Deputy Head of the Investigation Police Department of the provincial police force assigned (or authorized) to assign the competent team within their agency to handle according to the provisions of Section 3 of this Circular;

- If it is determined that the report of a criminal offense, accusation, or recommendation for prosecution does not fall within the jurisdiction of their own agency, they shall report and propose to the Head or Deputy Head of the Investigation Police Department of the provincial police force assigned (or authorized) to immediately transfer the report of a criminal offense, accusation, or recommendation for prosecution to the competent investigation agency for handling within no more than 24 hours from the time of having grounds to determine. In cases where immediate transfer is not possible, notification must be made to the competent investigation agency in the fastest communication methods.

Article 9. Classification and Handling of Reports of Criminal Offenses by Agencies Assigned to Conduct Certain Investigative Activities of the People's Public Security

1. Agencies assigned to conduct certain investigative activities of the People's Public Security include: The Immigration Management Department; security service departments under the Ministry of Public Security; the Immigration Management Departments; security service departments under provincial public security services and security teams at county-level public security services; the Traffic Police Department; the Fire Prevention, Fighting, Rescue and Disaster Relief Department; the Environmental Crime Prevention Department; the Traffic Police Departments; the Fire Prevention, Fighting, Rescue and Disaster Relief Departments; the Environmental Crime Prevention Departments; and Prisons.

Agencies assigned to conduct certain investigative activities of the People's Public Security (excluding security teams at county-level public security services) must, upon receiving reports of criminal offenses, classify them to determine the jurisdiction for resolution within no more than 24 hours from the time of receipt.

a) If it is determined that the report of a criminal offense falls within the jurisdiction, it shall be handled according to the provisions of Section 3 of this Circular. Upon completion of the handling of the report of a criminal offense, the agency assigned to conduct certain investigative activities of the People's Public Security must issue one of the following decisions: Decision to Initiate Criminal Case Investigation; Decision Not to Initiate Criminal Case Investigation or Decision to Temporarily Suspend the Handling of Reports of Criminal Offenses. Within 24 hours from the issuance of the decision, relevant documents must be sent to the competent prosecutor; if a Decision to Initiate Criminal Case Investigation is issued, preliminary investigative activities must be conducted, and within seven days from the issuance of the decision, all case files, related documents, and evidence must be transferred to the competent investigation agency for resolution;

b) If it is determined that the report of a criminal offense does not fall within the jurisdiction of their own agency, the report of a criminal offense and related documents must be immediately transferred to the competent investigation agency for resolution within no more than 24 hours from the time of having grounds to determine; in cases where immediate transfer is not possible, notification must be made to the competent investigation agency in the fastest communication methods.

Article 10. Classification and handling of complaints and petitions sent through postal services or delivered directly, concerning complaints and denunciations in criminal proceedings and other contents.

Clause 1. Complaints and petitions with contents related to complaints and denunciations in criminal proceedings shall be handled in accordance with Article 19 of this Circular.

Clause 2. Complaints and petitions with contents related to administrative and civil complaints and denunciations shall be transferred to competent authorities for resolution in accordance with the Law on Complaints 2011, Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions and measures for implementing the Law on Complaints; the Law on Denunciation 2018, Decree No. 31/2019/NĐ dated April 10, 2019 of the Government detailing certain provisions and measures for organizing the implementation of the Law on Denunciation.

Clause 3. Complaints and petitions with contents related to complaints, suggestions, and reflections within the People's Public Security shall be processed by the receiving officers and agencies in accordance with Circular No. 68/2013/TT-BCA dated December 26, 2013 of the Ministry of Public Security guiding the handling of complaints, suggestions, and reflections; resolving complaints and managing complaint resolution work within the People's Public Security.

Clause 4. Complaints and petitions with contents related to denunciations within the People's Public Security shall be processed by the receiving officers and agencies in accordance with Decree No. 22/2019/NĐ-CP dated February 25, 2019 of the Government regarding denunciations and handling of denunciations within the People's Public Security.

Clause 5. Complaints and petitions with contents registering protection of legitimate rights and interests for victims, parties involved, persons accused, persons suggested for prosecution; complaints and petitions with contents registering defense for persons held in emergency situations, persons arrested at the scene of a crime or pursuant to an arrest warrant, persons under temporary detention, defendants shall be handled by the receiving officers in accordance with Circular No. 46/2019/TT-BCA dated October 10, 2019 stipulating the responsibilities of the People's Public Security forces in implementing relevant provisions of the Criminal Procedure Code 2015 related to ensuring the right to defense for persons held in emergency situations, persons arrested at the scene of a crime or pursuant to an arrest warrant, persons under temporary detention, defendants; protecting the legitimate rights and interests of victims, parties involved, persons accused, persons suggested for prosecution.

Clause 6. In cases where complaints and petitions reporting crimes, suggesting prosecution; complaints and petitions in criminal proceedings; complaints and petitions related to administrative and civil fields; complaints and petitions, suggestions, and reflections within the People's Public Security have been repeatedly submitted, not within the jurisdiction of the agency, have been transferred to competent agencies for resolution or have been guided on resolution, and simultaneously there are no new circumstances or those complaints and petitions have already been resolved by competent agencies in accordance with the law but the complainants still persist in lodging complaints and appeals, the receiving agency shall file and notify the sender in writing (except anonymous complaints and petitions).

The transfer of reports of crimes, suggestions for prosecution not within the jurisdiction of the agency (including reports of crimes, suggestions for prosecution assigned for resolution but later determined not to be within jurisdiction) shall be carried out by investigative agencies, agencies tasked with conducting certain investigative activities of the People's Public Security using Form No. 11 (Report Transfer Form for Reports of Crimes or Suggestions for Prosecution) issued together with Circular No. 61/2017.

PART 3
RESOLUTION OF REPORTS OF CRIMES, SUGGESTIONS FOR PROSECUTION

Article 12. Time limit for assigning and handling reports of criminal offenses, accusations, and requests for prosecution initiation

1. Investigation agencies and agencies assigned to carry out certain investigative activities of the People's Public Security must comply with the time limits for assigning and handling reports of criminal offenses, accusations, and requests for prosecution initiation according to Clause 1 and Clause 2 of Article 147 of the Criminal Procedure Code 2015 and Articles 9 and 11 of Circular Joint Circular No. 01/2017. For reports of criminal offenses that, after receiving and classifying, processing, and determining clear signs of criminal offenses with sufficient grounds for initiating criminal cases, the investigation agencies and agencies assigned to carry out certain investigative activities of the People's Public Security shall base on Article 151 of the Criminal Procedure Code to issue a Decision to initiate criminal cases or transfer to competent authorities to proceed with the initiation and investigation according to the provisions of the Criminal Procedure Code 2015, without applying the procedures for handling as stipulated in this Circular.

2. In cases where they receive requests from other competent investigative agencies (as provided for in Clause 4 of Article 12 of Joint Circular No. 01/2017) to conduct certain verification and handling activities for reports of criminal offenses, accusations, and requests for prosecution initiation, and if they consider these verification and handling activities to be complex and prolonged, the investigation agencies and agencies assigned to carry out certain investigative activities of the People's Public Security must issue a Decision to assign persons with authority to conduct these verification and handling activities according to the request (the time for conducting verification and handling activities shall be based on the time recorded in the request letter of the requesting competent agency).

Article 13. Plan for inspection and verification of reports of criminal offenses, accusations, and requests for prosecution initiation

1. When assigned to handle reports of criminal offenses, accusations, and requests for prosecution initiation, the Investigator assigned as the main handler within the investigation agency and the Investigative Officer assigned as the main handler within the agency assigned to carry out certain investigative activities of the People's Public Security (hereinafter referred to as the Investigator, Investigative Officer assigned as the main handler) shall have the responsibility to build a plan for inspection and verification, report to the leadership and command responsible for approval by the Head or Deputy Head of the assigned investigation agency (or authorized) or the Head or Deputy Head of the assigned agency for carrying out certain investigative activities of the People's Public Security (or authorized) before implementation. The contents of the plan include:

a) Purpose and requirements of the inspection and verification of reports of criminal offenses, accusations, and requests for prosecution initiation;

b) Summary of the content of the incident; evaluation of collected evidence; actions already taken; actions yet to be taken;

c) Content of implementation

- Specifically determine the contents to be inspected and verified to clarify; necessary evidence to collect; method of preserving evidence; what should be done first and what later to achieve the highest efficiency;

- Determine the measures that can be applied during the inspection and verification process: may conduct investigative measures as prescribed by law if deemed necessary;

- Determine measures to protect informants, reporters, witnesses, victims, and other participants in the proceedings and their relatives according to the law (when required or if deemed necessary);

d) Time for implementation: it is necessary to specifically determine and propose the time for inspection and verification to ensure compliance with the legal time limit for resolution;

e) Implementation organization: specific tasks must be assigned to the Investigator, Investigative Officer assigned to handle; propose means of use and financial support; reporting system when unexpected issues arise during implementation.

2. Investigators and Investigative Officers assigned to handle reports of criminal offenses, accusations, and requests for prosecution initiation may only proceed with the contents of inspection and verification according to the approved plan. During the implementation of the plan, if new issues arise requiring measures of inspection and verification not included in the approved plan, the Investigator and Investigative Officer assigned as the main handler must report and propose in writing to the leadership and command responsible for comments before submitting to the Head or Deputy Head of the assigned investigation agency (or authorized) or the Head or Deputy Head of the assigned agency for carrying out certain investigative activities (or authorized) for instructions; in urgent situations where immediate written reports cannot be made, depending on specific conditions and circumstances, they may report through the fastest communication methods to the leadership and command for instructions, then must report in writing afterwards for file retention.

3. The Head or Deputy Head of the assigned investigation agency (or authorized) or the Head or Deputy Head of the assigned agency for carrying out certain investigative activities (or authorized) must regularly monitor the progress and results of the Investigators and Investigative Officers in handling reports of criminal offenses, accusations, and requests for prosecution initiation; the Investigators and Investigative Officers assigned must bear legal responsibility to their superiors for the results of their inspections and verifications.

Article 14. Measures applied during the process of handling reports of criminal offenses, accusations, and requests for prosecution initiation

When collecting information, documents, and objects from relevant agencies, organizations, and individuals to check and verify the information about criminal offenses as stipulated in Clause 3, Article 147 of the Criminal Procedure Code shall be carried out as follows:

1. Summoning and taking statements from participants in the proceedings related to checking and verifying reports of criminal offenses, accusations, and requests for prosecution initiation.

2. Conducting confrontation, identification, voice recognition, and other investigative activities within the authority of the Investigative Agency as assigned by the Head of the Investigative Agency. The agency tasked with conducting certain investigative activities of the People's Public Security shall perform tasks within its authority as assigned by the Head of the agency tasked with conducting certain investigative activities (excluding special investigative measures prescribed in Chapter XVI of the 2015 Criminal Procedure Code).

Article 15. Reporting on the results of checking and verifying reports of criminal offenses, accusations, and requests for prosecution initiation

At least seven days before the end of the resolution period or upon completion of the verification of reports of criminal offenses, accusations, and requests for prosecution initiation, the Investigator or Investigative Officer responsible for handling must submit a written report on the conclusion of the verification to their immediate leader or commander for comments before presenting it to the Head or Deputy Head of the Investigative Agency (or those authorized); the Head or Deputy Head of the agency tasked with conducting certain investigative activities of the People's Public Security (or those authorized). The report on the conclusion of the verification must clearly state the results of resolving reports of criminal offenses, accusations, and requests for prosecution initiation and propose specific actions regarding: initiating a criminal case; not initiating a criminal case; temporarily suspending the verification of reports of criminal offenses, accusations, and requests for prosecution initiation or extending the verification period (the extension of the verification period is implemented according to the provisions of Circular Jointly Issued No. 01/2017).

Article 16. Issuing Decisions to Initiate a Criminal Case, Decisions Not to Initiate a Criminal Case, or Decisions Temporarily Suspending the Handling of Reports of Criminal Offenses, Accusations, and Requests for Prosecution Initiation

Based on the results of checking and verifying, the Investigator or Investigative Officer responsible for handling has the responsibility

1. In cases where there are signs of a crime and grounds for initiating a criminal case, draft the Decision to Initiate a Criminal Case along with the Report on the Conclusion of Verifying Reports of Criminal Offenses, together with related files and documents, to report to the immediate leader or commander for comments before presenting it to the Head or Deputy Head of the Investigative Agency (or those authorized); the Head or Deputy Head of the agency tasked with conducting certain investigative activities of the People's Public Security (or those authorized) for approval, signature, and issuance. Within twenty-four hours from issuing the Decision to Initiate a Criminal Case, the Investigative Agency or the agency tasked with conducting certain investigative activities of the People's Public Security must send the Decision along with related documents to the same-level People's Procuratorate or the Procuratorate with jurisdiction for supervision over the initiation.

3. Temporarily Suspending the Handling of Reports of Criminal Offenses, Accusations, and Requests for Prosecution Initiation

a) In cases where the resolution period for reports of criminal offenses, accusations, and requests for prosecution initiation has expired but there are insufficient grounds to issue a Decision to Initiate a Criminal Case or a Decision Not to Initiate a Criminal Case, and there are grounds to temporarily suspend the handling according to Clause 1, Article 148 of the 2015 Criminal Procedure Code, draft the Decision to Temporarily Suspend the Handling of Information About Criminal Offenses along with the Report on the Conclusion of Verifying Reports of Criminal Offenses, together with related files and documents, to report to the immediate leader or commander for comments before presenting it to the Head or Deputy Head of the Investigative Agency (or those authorized); the Head or Deputy Head of the agency tasked with conducting certain investigative activities of the People's Public Security (or those authorized) for approval and signature.

b) In case the deadline for handling reports of criminal offenses, accusations, or requests to initiate criminal proceedings has expired but there is insufficient evidence to issue a Decision to initiate a criminal investigation or a Decision not to initiate a criminal investigation, and there are also no grounds to temporarily suspend the handling of reports of criminal offenses, accusations, or requests to initiate criminal proceedings as stipulated in Clause 1, Article 148 of the 2015 Criminal Procedure Code, then report to the direct leadership and command for proposal to the Head or Deputy Head of the Investigation Agency assigned (or authorized); the Head or Deputy Head of the agency assigned (or authorized) to carry out certain investigative activities of the People's Public Security to exchange with the People's Procuracy at the same level or the Procuracy with jurisdiction to unify the viewpoint on handling. The exchange must be detailed in writing. This document must clearly reflect the results of checking and verifying reports of criminal offenses, accusations, or requests to initiate criminal proceedings; the evaluation of collected documents and evidence; issues hindering the clarification of the case content but not falling under the cases prescribed by law as grounds for issuing a decision to temporarily suspend the handling of reports of criminal offenses, accusations, or requests to initiate criminal proceedings; the approach to handling (the viewpoint on temporarily suspending the handling of information about criminal offenses). After the Procuracy has exchanged and unified the handling approach in writing, draft the Decision to temporarily suspend the handling of information about criminal offenses, along with related files and documents, report to the direct leadership and command for comments before submitting to the Head or Deputy Head of the Investigation Agency assigned (or authorized); the Head or Deputy Head of the agency assigned (or authorized) to carry out certain investigative activities of the People's Public Security to approve and sign.

- If the Procuracy disagrees and proposes further verification and resolution, the Investigation Agency, the agency assigned to carry out certain investigative activities of the People's Public Security currently handling reports of criminal offenses, accusations, or requests to initiate criminal proceedings must implement the Procuracy's verification requirements.

- If the Procuracy disagrees and does not propose further verification, the Investigator or Main Investigating Officer must report to the leadership and command to propose the Head or Deputy Head of the Investigation Agency assigned (or authorized); the Head or Deputy Head of the agency assigned (or authorized) to carry out certain investigative activities of the People's Public Security currently handling reports of criminal offenses, accusations, or requests to initiate criminal proceedings to issue a document requesting the Procuracy to convene a meeting of the two judicial sectors to unify viewpoints, and if unification is not possible, report for guidance opinions from the higher-level judicial sectors.

c) Within twenty-four hours from the issuance of the Decision to temporarily suspend the handling of information about criminal offenses, the Investigation Agency, the agency assigned to carry out certain investigative activities of the People's Public Security must send the Decision to temporarily suspend, along with related documents, to the Procuracy at the same level or the Procuracy with jurisdiction for supervision.

d) When the reasons for temporarily suspending the handling of reports of criminal offenses, accusations, or requests to initiate criminal proceedings no longer exist, the Investigator or Main Investigating Officer assigned must prepare a report detailing the grounds for resuming the handling of reports of criminal offenses, accusations, or requests to initiate criminal proceedings, submit it to the Head or Deputy Head of the Investigation Agency assigned (or authorized); the Head or Deputy Head of the agency assigned (or authorized) to carry out certain investigative activities of the People's Public Security to issue a Decision to resume handling reports of criminal offenses, accusations, or requests to initiate criminal proceedings in accordance with Article 149 of the 2015 Criminal Procedure Code and propose subsequent handling plans. Within three days from the date of issuing the Decision to resume handling, the competent authority must send the Decision to resume handling to the Procuracy at the same level or the Procuracy with jurisdiction, the agencies, organizations, or individuals who reported criminal offenses, accusations, or requests to initiate criminal proceedings (except in cases where the reporter refuses to provide personal information).

Article 17. Notification of Results of Acceptance and Handling of Criminal Informations and Requests for Prosecution Initiation

1. Within three working days from the date of receiving criminal informations and requests for prosecution initiation, the Investigative Agency or agencies assigned to conduct certain investigative activities of the People's Public Security must notify in writing about the results of acceptance to the People's Procuracy at the same level or the competent People's Procuracy, organizations, and individuals who have provided criminal informations and requests for prosecution initiation (except in cases where the informant or information provider refuses to provide personal information).

2. Within three days from the date of completion of handling criminal informations and requests for prosecution initiation (excluding cases where a Decision on Temporary Suspension of Handling Information about Crimes is issued), the Investigative Agency or agencies assigned to conduct certain investigative activities of the People's Public Security shall be responsible for notifying in writing to individuals, organizations, and entities that have provided criminal informations and requests for prosecution initiation (except in cases where the informant or information provider refuses to provide personal information) about the results of handling.

3. Within twenty-four hours from the issuance of a Decision on Temporary Suspension of Handling Information about Crimes, the Investigative Agency or agencies assigned to conduct certain investigative activities of the People's Public Security shall be responsible for sending that Decision on Temporary Suspension to individuals, organizations, and entities that have provided criminal informations and requests for prosecution initiation (except in cases where the informant or information provider refuses to provide personal information).

Article 18. Resolution of Disputes Regarding Jurisdiction in Handling Criminal Informations and Requests for Prosecution Initiation

1. In cases where the Investigative Agency receives criminal informations and requests for prosecution initiation, issues a Decision on Assignment to Handle Information about Crimes, but during the process of checking and verifying determines that such criminal informations and requests for prosecution initiation do not fall within its jurisdiction, the main Investigator shall report and propose to the leadership or command responsible for reporting to the Head or Deputy Head of the Investigative Agency assigned (or authorized) to immediately transfer the criminal informations and requests for prosecution initiation and related materials and evidence collected to the Investigative Agency with jurisdiction for handling within twenty-four hours from when it has grounds to determine that they do not fall within its jurisdiction, while also issuing a written notification to the People's Procuracy currently supervising the handling of these criminal informations and requests for prosecution initiation. In this case, the Decision on Assignment to Handle Information about Crimes shall automatically become invalid from the moment the criminal informations and requests for prosecution initiation are transferred to the agency with authority to handle them.

2. In cases where disputes arise regarding jurisdiction in handling criminal informations and requests for prosecution initiation, they shall be resolved according to the provisions of Article 150 of the 2015 Criminal Procedure Code and Article 12 of Circular Jointly Issued No. 01/2017.

Article 19. Resolution of Complaints, Appeals, Requests, and Proposals in Handling Criminal Informations and Requests for Prosecution Initiation

1. The resolution of complaints and appeals during the handling of criminal informations and requests for prosecution initiation shall be carried out according to the provisions of Chapter XXXIII of the 2015 Criminal Procedure Code and Circular Jointly Issued No. 02/2018/TTLT-VKSNDTC-TATC-BCA-BQP-BTC-BNN&PTNT dated September 5, 2018, by the Prosecutor General of the Supreme People's Procuracy, the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Finance, and the Minister of Agriculture and Rural Development on the coordination in implementing certain provisions of the Criminal Procedure Code concerning complaints and appeals.

The Head of the Criminal Investigation Department of the Ministry of Public Security shall assign the Office of the Criminal Investigation Department of the Ministry of Public Security; the Head of the Criminal Investigation Department of the Provincial Public Security shall assign the Office of the Criminal Investigation Department of the Provincial Public Security; the Head of the Criminal Investigation Department of the County Public Security shall assign the Combined Investigation Team; the Head of the Security Investigation Department of the Ministry of Public Security shall assign the Investigation Security Bureau of the Ministry of Public Security; the Head of the Security Investigation Department of the Provincial Public Security shall assign the Security Investigation Room of the Provincial Public Security to advise and resolve complaints and appeals by participants in litigation against decisions, procedural acts, or reports of violations of the law by investigators, deputy heads of investigation departments at various levels during the handling of criminal informations and requests for prosecution initiation. In some other necessary cases, the Head of the Investigation Departments at various levels may assign other units with functions and authority to assist the Head in resolving complaints and appeals. The unit assigned the task must develop a plan and report to the Head of the Investigation Department to decide on the resolution according to the provisions of the Criminal Procedure Code.

2. The resolution of requests and proposals by participants in litigation during the handling of criminal informations and requests for prosecution initiation shall be carried out according to the provisions of Article 15 of Circular Jointly Issued No. 01/2017.

Article 20. Reporting, establishment, management, termination, archiving, and use of files for handling reports of criminal offenses, information on criminal offenses, and requests for prosecution initiation

1. Reporting system among agencies in receiving and handling sources of information about criminal offenses

a) For units under the Criminal Police Department of the Ministry of Public Security and the Criminal Police Department of provincial-level public security organs, they must report monthly to the head of the Criminal Police Department (at the central level through the Office of the Criminal Police Department of the Ministry of Public Security; at the provincial level through the Office of the Criminal Police Department of the provincial-level public security organ) on the results of receiving and handling reports of criminal offenses, information on criminal offenses, and requests for prosecution initiation; units under the Security Investigation Department of the Ministry of Public Security and the Security Investigation Department of provincial-level public security organs report to the head of the Security Investigation Department (at the central level through the Security Investigation Bureau; at the provincial level through the Security Investigation Division).

b) Monthly, teams under the Criminal Police Department of county-level public security organs must report to the head of the Criminal Police Department of the county-level public security organ (through the General Investigation Team) on the results of receiving and handling sources of information about criminal offenses.

c) Monthly, agencies assigned tasks to conduct certain investigative activities of the police force at the Ministry of Public Security must report to the head of the Criminal Police Department of the Ministry of Public Security (through the Office of the Criminal Police Department of the Ministry of Public Security); agencies assigned tasks to conduct certain investigative activities of the security force at the Ministry of Public Security must report to the head of the Security Investigation Department of the Ministry of Public Security (through the Security Investigation Bureau of the Ministry of Public Security); agencies assigned tasks to conduct certain investigative activities of the police force at provincial-level public security organs must report to the head of the Criminal Police Department of the provincial-level public security organ (through the Office of the Criminal Police Department of the provincial-level public security organ); agencies assigned tasks to conduct certain investigative activities of the security force at provincial-level public security organs must report to the head of the Security Investigation Department of the provincial-level public security organ (through the Security Investigation Division of the provincial-level public security organ). The implementation of statistics and reporting shall be carried out in accordance with the provisions of the law.

2. When assigned to handle reports of criminal offenses, information on criminal offenses, and requests for prosecution initiation, the Investigator or Investigative Officer responsible for handling must register in the case registration book of the unit, establish and register the file for handling reports of criminal offenses, information on criminal offenses, and requests for prosecution initiation (initial investigation case file) and manage, use, terminate, and archive according to the regulations of the Ministry of Public Security on the working system of business files. Investigators and Investigative Officers must ensure that all collected evidence and materials during the inspection and verification process are fully documented and included in the case file; they must manage the files and materials according to confidentiality rules, preventing loss, misplacement, or damage.

3. When initial investigation case files have sufficient grounds, they shall be classified according to the regulations on the working system of business files.

4. Upon completion, archiving must be completed within no more than one month from the date of completion. Materials in the case file upon archiving must be research and usable materials, including original or legally certified copies (certified true copies, certified true originals). The copying of materials for archiving shall be carried out as follows:

a) For investigative agencies, the main Investigator handling the case must certify (certified true copy, certified true original), stamp the investigative agency's seal on the copies of the materials.

b) For agencies assigned tasks to conduct certain investigative activities of the people's public security forces, the Head or Deputy Head assigned (or authorized) must certify (certified true copy, certified true original), stamp their agency's seal on the copies of the materials.

5. Archiving of files in cases of temporary suspension of the handling of reports of criminal offenses, information on criminal offenses, and requests for prosecution initiation

In this case, if within two years there are no new circumstances to serve as the basis for resuming the handling of reports of criminal offenses, information on criminal offenses, and requests for prosecution initiation, the agency handling such matters may archive the files using the Decision on Temporary Suspension of Handling Reports of Criminal Offenses, Information on Criminal Offenses, and Requests for Prosecution Initiation, which has been approved and signed by the head or deputy head of the assigned investigative agency (or authorized), or the Head or Deputy Head of the agency assigned tasks to conduct certain investigative activities (or authorized). After archiving, the handling agency must regularly review; when new circumstances are discovered that clarify the content of the case, the archived file must be retrieved to resume the handling of reports of criminal offenses, information on criminal offenses, and requests for prosecution initiation.

Article 21. Transfer of case files for administrative handling

For cases of reporting crimes or requesting criminal prosecution handled and resolved by the Investigation Agency or agencies assigned to conduct certain investigative activities of the People's Public Security that subsequently issue a Decision not to initiate a criminal investigation, if such actions indicate administrative violations, then immediately upon receiving the document from the same-level Procuracy or the competent Procuracy agreeing with the Decision not to initiate a criminal investigation, the agency issuing the Decision not to initiate a criminal investigation must photocopy the case file and documents for retention and transfer the original case file, documents, evidence items, and means of transportation (if any) of the violation to the authority responsible for administrative punishment according to Article 63 of the Law on Handling Administrative Violations (without the need to establish an administrative penalty decision).

Chapter III
IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Circular takes effect from May 15, 2020, replacing previous regulations of the Ministry of Public Security that conflict with this Circular.

2. When legal normative documents and forms, papers, and ledgers cited in this Circular are amended, supplemented, replaced, or newly issued, the relevant contents in this Circular will also be changed and applied according to the amended, supplemented, or newly issued legal normative documents and forms, papers, and ledgers.

3. Cases of reporting crimes or requesting criminal prosecution assigned to handle sources of information about crimes before the date this Circular takes effect shall continue to be resolved according to this Circular from the date it takes effect.

Article 23. Responsibility for Implementation

1. The Office of the Investigation Agency under the Ministry of Public Security is responsible for leading and coordinating with related units to guide, inspect, and urge the implementation of this Circular.

2. Heads of subordinate units of the Ministry, Provincial Public Security Directors, Heads of Investigation Agencies at all levels, and Chiefs of agencies assigned to conduct certain investigative activities of the People's Public Security within their functional and operational scope are responsible for organizing the implementation of this Circular.

3. In the course of implementing this Circular, if there are difficulties, public security units and localities shall report to the Ministry (through the Office of the Investigation Agency under the Ministry of Public Security, the Investigation Security Bureau under the Ministry of Public Security) for timely guidance./.