Circular No. 42/2026/TT-BCA Regulating the Responsibilities of People's Public Security Forces in Implementing Tasks for Protecting Court Sessions, Hearings, Resolving Cases and Incidents as Requested by People's Courts

 

CIRCULAR

Regulates the responsibilities of People's Public Security Forces in

carrying out tasks to protect court sessions, hearings for trial and resolution of cases and incidents as requested by the People's Court.

Based on the Law on Organization of People's Courts No. 34/2024/QH15, amended and supplemented by Laws Nos. 81/2025/QH15, No. 106/2025/QH15, No. 116/2025/QH15, and Law No. /2025/QH15;

 

 

as well as by , ,,

based on

the Decision of the Government No. 02/2025/NĐ-CP dated February 18, 2025, which stipulates the functions, tasks, powers, and organizational structure of the Ministry of Public Security, amended by Decision No. 11/2025/NĐ-CP;

In accordance with the proposal of the Director of the Department of Custody and Community Correctional Services,

The Minister of Public Security promulgates this Circular to regulate the responsibilities of People's Public Security Forces in carrying out tasks to protect court sessions, hearings for trial and resolution of cases and incidents as requested by the People's Court.

Chapter I

 

GENERAL PROVISIONS

Article 1. Scope of Application

This Circular stipulates general principles, objects, allocation of responsibilities, procedures, and coordination relations in carrying out tasks to protect court sessions, hearings for trial and resolution of cases and incidents as requested by the People's Court.

Article 2

Interpretation of Terms. In this Circular, the following terms are understood as follows:

Protection of court session, hearing

1. for trial and resolution of cases and incidents as requested by the People's Court (hereinafter referred to as protection of court sessions, hearings) is the maintenance of order and social safety at court sessions, hearings to ensure the safety of the Trial Chamber, persons conducting proceedings, participants in proceedings, attendees at court sessions, hearings, other judicial officers, evidence, objects, and documents. Protection of mobile court session

2. is the maintenance of order and social safety at a court session held publicly outside the premises of the People's Court. Protection of online court session

3. is the maintenance of order and social safety at a court session conducted at the central venue and component venues. Protection of special serious case trial hearing with complex security and order issues

4. is the maintenance of order and social safety at a court session for trials of cases with many complex circumstances, involving multiple levels and sectors, attracting significant public attention; cases where the trial has political or foreign relations implications; cases involving key officials from provincial level and above; cases under the supervision and guidance of the Central Steering Committee on Anti-Corruption, Waste, and Malfeasance; defendants are religious leaders or high-profile figures in ethnic minorities. Article 3

General Principles for Protection of Court Sessions, Hearings. 1. Compliance with the Constitution, laws, regulations of the Ministry of Public Security, and courtroom rules.

2. Implementation according to plans and schemes approved by competent authorities; prompt, careful, accurate, within authority; respect for the Trial Chamber, maintain order, and follow the direction of the presiding judge or chairperson of the hearing, commander of the court session protection.

3. Protection of court sessions, hearings must ensure social order, safety, dignity of the People's Court, without affecting the proceedings at the court session, hearing.

3. The protection of the court session or meeting shall ensure social order, public safety, and the dignity and solemnity of the People's Court, without impairing the proceedings of the trial.

Article 4. Objects to be protected during court sessions and meetings

1. Sessions of criminal cases.

2. Sessions and meetings for the trial and resolution of other cases or incidents where such cases or incidents affect social order and public safety at the request of the People's Court.

3. Trial panel, persons conducting proceedings, parties to the proceedings, observers, and other judicial officers.

4. Case files, documents, and evidence related to the case or incident.

5. Technical equipment for sessions and other relevant assets (including online court sessions).

Chapter II

SPECIFIC PROVISIONS

Article 5. Assignment of tasks for session protection

1. The Community Detention and Execution Bureau under the Ministry of Public Security implements the task of protecting criminal case trial sessions for particularly serious, complex cases involving security and public order as directed by the Minister of Public Security.

2. The Criminal Execution and Judicial Support Police Department of the provincial or municipal public security bureau (hereinafter referred to collectively as the Provincial Public Security Bureau) implements the task of protecting court sessions and meetings heard by the Supreme People's Court, provincial people's courts, or specialized financial courts. When required, it will protect special criminal court sessions; safeguard central venue points and remote venue points for online court sessions.

3. The Detention Center is responsible for protecting online court sessions conducted by the Supreme People's Court, provincial people's courts, or regional people's courts where the remote venue point is located within the detention center. It will also protect court sessions and meetings heard by regional people's courts as assigned by the Deputy Director of the Provincial Public Security Bureau in charge of judicial support.

4. The Sub-detention Center under the provincial public security bureau implements the task of protecting criminal case trial sessions for regional people's courts, including online court sessions conducted by the Supreme People's Court, provincial people's courts, or regional people's courts where the remote venue point is located within the sub-detention center.

5. The Prison, compulsory education facility, and reformatory school implement the task of protecting mobile criminal case trial sessions organized at these facilities.

Article 6. Development of protection plans and schemes for court sessions and meetings

1. Upon receipt of the court session schedule, decision to proceed with a case for trial, or request for session protection from an authorized People's Court or instructions from a higher authority, the lead unit shall arrange personnel, equipment, weapons, auxiliary tools, technical equipment, and other necessary resources for session protection. Each session must be staffed by at least two officers.

2. The lead unit responsible for protecting court sessions and meetings shall develop plans and schemes based on the nature of the session. For particularly serious and complex cases involving public order, a detailed plan and scheme must be developed and approved by an authorized leader.

Before developing protection plans and schemes, one must assess the actual situation, consult or obtain written consent from the relevant People's Court to determine the nature and characteristics of the case; the number of defendants, witnesses, parties involved in proceedings, and persons conducting proceedings; the expected number of participants; the time and location of the trial, weather conditions; security and public safety measures at the venue where the session is held (especially for complex cases involving religion, ethnicity, mass protests, and other factors that may affect protection work).

The content of the protection plan includes: objectives and requirements for protection; characteristics of the local area, personal history of defendants; specific tasks, procedures, and measures to be taken; coordination between units and local authorities during the protection process; implementation (including task allocation for participating forces, weapons, auxiliary tools, technical equipment, deployment of vehicles, funding, and other conditions required by the unit and its officers); time and location for implementing the plan. The protection scheme must anticipate potential emergencies, response measures, and accompanying diagrams.

3. For particularly serious cases involving public order, the assigned unit may propose establishing a Command Team to protect court sessions based on actual circumstances and seek approval from the relevant People's Court before implementing the plan and scheme.

4. Approval authority for plans and schemes:

a) The Director or Deputy Director in charge of judicial support at the Detention and Execution Bureau under the Community Detention and Execution Police approves protection plans and schemes for particularly serious cases involving public order as directed by the Minister of Public Security;

b) The Director or Deputy Director in charge of judicial support at the provincial public security bureau approves protection plans and schemes when a Command Team is established, except as provided in paragraph 4 point a of this article;

c) The Head of the Criminal Execution and Judicial Support Police Department at the provincial public security bureau approves protection plans and schemes for court sessions conducted by their department;

d) The Warden of the Detention Center approves protection plans and schemes for court sessions conducted by the detention center;

e) The Sub-detention Center Head approves protection plans and schemes for court sessions and meetings conducted by the sub-detention center;

f) The Warden of the Prison, Director of the Compulsory Education Facility, Principal of the Reform School, or Head of a Drug Detoxification Center approves protection plans and schemes for mobile criminal case trial sessions conducted at these facilities;

g) The head of other units in the People's Public Security Department shall approve protection plans and schemes when assigned.

Article 7. Implementation of Plans and Assignment of Tasks for Protecting Court Sessions and Meetings

1. Prior to performing the task of protecting a court session or meeting, the commander or personnel assigned to be responsible for the protection shall disseminate and explain the content of the protection plan and scheme; assign specific tasks; inspect the preparation work on weapons, auxiliary tools, means, technical equipment for officers and soldiers. Organize practical exercises for the protection plan and scheme (if necessary).

2. For court sessions hearing particularly serious and complex cases involving security issues, when establishing a Command to Protect Court Sessions, it must organize a meeting to specifically assign tasks to various forces, departments, agencies before implementing the protection plan.

3. Officers and soldiers performing the task of protecting court sessions or meetings shall thoroughly understand their assigned positions and tasks; arrive at least 30 minutes before the commencement of the court session or meeting.

Article 8. Security Inspection for Court Sessions and Meetings

1. Personnel responsible for protecting court sessions and meetings have the duty to inspect security for participants in the court session or meeting, unmanned aerial vehicles (UAVs) and other aircraft according to legal provisions; prevent unauthorized individuals from entering the courtroom, technical room, and the trial area.

2. For the protection of particularly serious and complex cases: Before the commencement of the court session, conduct a thorough inspection for explosives, flammable materials, radioactive substances, toxic chemicals in the courtroom, deliberation room, and the trial area.

Article 9. Protection of Courtrooms and Meeting Rooms

1. Personnel responsible for protecting court sessions have the responsibility to:

a) Require participants to sit in designated positions, closely monitor the behavior of the defendant, victim, plaintiff, defendant, parties with interests related to the case, and other participants;

b) Correct violations of courtroom rules, prevent disorder, social safety incidents; disrupt, threaten, or attack the Trial Panel, damage property, records, evidence, documents, items, means, technical equipment for trials;

c) Enforce decisions by the Presiding Judge and the Trial Panel to order violators to leave the courtroom area; temporarily detain individuals causing disorder in the court session according to legal provisions;

d) Immediately prevent any violations of laws or rules that may disrupt social order before they are detected or promptly addressed by the Presiding Judge;, e) Coordinate with escort forces to manage and closely monitor participants, preventing defendants from committing suicide, confessing, attacking the Trial Panel, personnel protecting the court session, and other participants in the trial.

f) Based on actual circumstances, report to the presiding judge to limit the number of people entering the courtroom (if necessary).

2. Personnel responsible for protecting meeting rooms shall request all participants to strictly adhere to meeting rules; ensure order and social safety during meetings.

2. Personnel assigned to protect the meeting have the responsibility to request all participants in the meeting to strictly comply with the rules of procedure; ensuring the order and public safety during the meeting.

Article 10. Protection Outside the Courtroom

1. Personnel assigned to protect outside the courtroom shall conduct regular patrols and inspections, closely monitoring checkpoints, entry-exit areas of the courtroom, isolation zones, parking lots for vehicles, drones, and other aircraft, promptly identifying and preventing acts that obstruct, resist law enforcement officers, attack escort personnel, or assault defendants.

2. Coordinate with other forces to prevent disorder and social security incidents outside the courtroom area; prepare alternative routes as necessary to ensure the safety of the court panel and defendant transportation. If there are complex developments in the order outside the courtroom, the commander or designated officer responsible for protecting the trial must promptly report to the competent authority for timely instructions.

Article 11. Conclusion of the Trial or Hearing

1. Personnel assigned to protect during the trial or hearing may leave their positions only after the court panel, participants in the trial, escort teams, and convoy personnel have left the courtroom area; participants in the meeting have vacated the meeting room. The commander or designated officer responsible for protecting the trial or hearing shall verify the number of personnel, equipment, weapons, and auxiliary tools, then order the personnel assigned to protect the trial or hearing to return to their units.

2. Organize a debriefing session to review experiences, report on task execution results, and recommend commendations or disciplinary actions (if applicable).

Chapter III

COOPERATION RELATIONS FOR IMPLEMENTATION

TASKS OF PROTECTING THE TRIAL OR HEARING

Article 12. Responsibilities of the Lead Unit in Trial or Hearing Protection Work

1. Upon receiving the trial schedule, decision to proceed with a case for trial, and request for protection of the trial or hearing, the lead unit shall request the People's Court to provide relevant information about the case to assist in developing a protection plan and contingency measures.

2. For trials involving particularly serious cases with complex social order and public safety issues:, The lead unit responsible for protecting the trial or hearing has the responsibility to:

a) Report and propose mobilizing forces from the Ministry of Public Security's units and local police to participate in the protection of the trial (if necessary);

b) Report and propose the Provincial Public Security Bureau Director to mobilize forces from provincial-level units and provide advice to the People's Committee for coordinating with relevant departments, agencies, and grassroots authorities to support the protection work (if necessary).

3. The commander or designated officer responsible for protecting the trial or hearing shall promptly inform the presiding judge of complex situations and developments.

Article 13. Responsibilities of Public Security Units, Agencies, and Local Authorities in Coordinating Trial or Hearing Protection

1. For criminal trials, the People's Court sends the trial schedule to the lead unit responsible for protecting the trial according to this Circular's Article 5: At least 7 days before the start of a stationary trial; at least 15 days before the start of a mobile trial; providing relevant information about the case when requested by the lead protection unit.

2. Public Security units, agencies, and local authorities participating in coordinating the protection work shall allocate personnel, equipment, and auxiliary tools according to their assigned plans.

3. Local police stations participate in trial or hearing protection:

a) Provide information about defendants, victims, and other relevant parties residing within the jurisdiction when requested by competent authorities;

b) Coordinate with the lead unit to maintain social order outside the courtroom during the trial or hearing; continue ensuring social order after the protection forces and cooperating units leave the trial area. Receive and handle violations of meeting rules and laws as handed over by the protection forces.

4. The relationship between the lead unit and other Public Security units is a combat support relationship. Personnel from the Public Security force must strictly adhere to their assigned positions and follow orders from the commander or designated officer responsible for protecting the trial or hearing; promptly report any sudden situations that may affect social order.

5. The relationship between the lead unit and other units, agencies, local authorities participating in protection is based on task assignments as approved in the plan.

6. If an incident occurs within the jurisdiction of multiple individuals or units, the first to discover it shall handle it and then transfer it to the competent authority for resolution. If the incident does not fall under the lead unit's protection responsibilities, report to the competent authority for decision-making.

7. When responsibility for handling an incident changes at different stages among multiple units, these units should coordinate and reach a consensus on how to handle the situation.

Chapter IV

DISPOSAL OF CERTAIN SITUATIONS DURING IMPLEMENTATION

DUTIES TO PROTECT THE COURT AND MEETING SESSIONS

Article 14. Disposal of violations of order and court rules during the session

1. Personnel assigned to security duties have the responsibility to closely monitor participants in the court or meeting sessions as per summonses, invitations from People's Courts, and other relevant documents. They shall not allow participants to bring prohibited items into the courtroom or meeting room; if any prohibited item is discovered, it must be confiscated immediately and reported to the presiding judge of the session.

2. Personnel assigned to security duties who discover violations of order or court rules during the session have the responsibility to remind violators. If the violation is severe, the commander or personnel responsible for security duties must handle the situation according to the approved plan and promptly report to the presiding judge of the session for further action in accordance with regulations.

3. In the courtroom or meeting room, if a participant violates court rules and the presiding judge has not yet discovered this, the security personnel have the responsibility to intervene immediately and report to the presiding judge for handling according to regulations.

Article 15. Disposal of fire or explosion incidents during the session

1. In case prohibited weapons, explosive materials, or tools are brought into the court or meeting sessions in violation of regulations, security personnel assigned to duty must immediately report to the presiding judge, specialized agencies and forces, and promptly implement the approved plan; evacuate everyone from the hazardous area, and simultaneously report to competent authorities for instructions on handling.

2. In case of fire or explosion during the session, security personnel assigned to duty must cooperate with relevant forces to immediately evacuate all participants from the hazardous area according to the approved plan; implement measures, use firefighting equipment available at the scene to extinguish the fire, report immediately to the Fire and Rescue Services, and simultaneously report for instructions from competent authorities; provide first aid to injured persons; detain any person who violates the law immediately and hand them over to relevant authorities for handling; cooperate with local police to secure the crime scene for investigation.

Article 16. Disposal of large gatherings causing disorder in the trial area

1. In case of a situation where a large crowd causes disorder in the courtroom, security personnel assigned to duty must explain and publicize, requesting everyone to disperse and cease disruptive behavior.

2. If after explanation and publicity, those gathered causing disorder do not comply, security personnel assigned to duty must immediately implement the approved plan for protecting the session, concentrate forces to stop disruptive actions, isolate, detain ringleaders or masterminds of the disruption when necessary.

3. In case of particularly serious developments, security personnel assigned to duty must report and propose to the presiding judge to halt the trial and ensure the safety of the Trial Board, prosecutors, participants in proceedings, and case files, evidence, and materials; cooperate with escort personnel to bring the defendant to a separate area.

Article 17. Handling Terrorist Situations and Hostage Taking During Proceedings

In the event of a terrorist situation or hostage taking occurring during a hearing or session, the security personnel responsible for the protection mission shall immediately report to the presiding judge, chairperson, relevant specialized agencies and forces, and promptly implement the approved contingency plan. They shall evacuate everyone from the hazardous area, simultaneously reporting to competent authorities for instructions on handling the situation; provide emergency medical assistance to the injured; detain any person committing a violation of law immediately and hand them over to the competent authority for further action.

Article 18. Handling Situations Involving Attack on the Court or Judicial Personnel, or Fugitive Defendant

1. When a defendant, family member of a defendant, victim, or other party commits an attack against the court or judicial personnel, the security forces shall implement the approved contingency plan and simultaneously take measures to control and neutralize the attacking behavior.

2. Actively ensure the safety of the court, security personnel involved in protection, detain persons committing violations, prepare a record, and hand them over to competent authorities for handling in accordance with legal provisions. In case of injured individuals, provide first aid promptly or immediately transport them to the nearest medical facility for further treatment according to regulations.

3. In the event that a defendant flees from the courtroom, the trial security commander or personnel assigned to lead the protection mission shall mobilize forces to urgently apprehend the defendant. If the situation is complex, report promptly to competent authorities for instructions on handling the matter.

Chapter V

CONDITIONS OF IMPLEMENTATION

Article 19. Effective Date of Implementation

1. This Circular shall take effect from June 13, 2026.

2. The Circular No. 13/2016/TT-BCA dated March 10, 2016 by the Minister of Public Security on implementing security tasks for court proceedings by the People's Police and the Circular No. 117/2020/TT-BCA dated November 5, 2020 by the Minister of Public Security amending and supplementing certain provisions of Circular No. 13/2016/TT-BCA dated March 10, 2016 shall cease to be effective from the date this Circular takes effect.

3. In case any legal documents referred to in this Circular are amended, supplemented, replaced or newly promulgated, the relevant contents of this Circular will also be changed according to such amended, supplemented, replaced or newly promulgated documents.

Article 20. Implementation Responsibility

1. The heads of subordinate units under the Ministry of Public Security and the directors of provincial public security bureaus shall bear responsibility for directing and organizing the implementation of this Circular.

2. The Department of Custody, Detention, and Community Correctional Services is responsible for monitoring, guiding, urging, inspecting, and supervising the implementation of this Circular.

3. In the course of implementing this Circular, if any difficulties or obstacles arise, public security units and localities shall report to the Ministry of Public Security (through the Department of Custody, Detention, and Community Correctional Services) for timely guidance.