JOINT CIRCULAR No. 427/TT-LB ON TEMPORARY PRINCIPLES REGARDING THE WORK RELATIONSHIP BETWEEN THE SUPREME PROSECUTOR’S OFFICE AND THE MINISTRY OF PUBLIC SECURITY

CIRCULAR

JOINT MINISTRY OF PUBLIC SECURITY - SUPREME PROSECUTOR’S OFFICE
JOINT CIRCULAR NO. 427/TT-LB ISSUED ON JUNE 28, 1963
TEMPORARILY ESTABLISHING CERTAIN PRINCIPLES REGARDING THE WORK RELATIONSHIP BETWEEN
THE SUPREME PROSECUTOR’S OFFICE AND THE MINISTRY OF PUBLIC SECURITY

The Prosecutor's Office and the public security agency are both specialized tools of the people's democratic state, under the centralized and unified leadership of the Party, so all activities must originate from the interests of the revolution. Although each sector has different functions, their common mission is to combat counter-revolutionary elements and other criminals, maintain public order and security, uphold the rule of law, protect the Party, protect the government, protect the revolution, protect the people, and protect the country.

During the process of implementing the aforementioned tasks, due to the lack of specific regulations on the work relationship between the two sectors in the past, neither sector has been able to fully utilize its functions, sometimes overlapping with each other.

To address this situation and implement Resolution No. 39 dated January 20, 1962 of the Political Bureau, the Supreme People's Procuracy and the Ministry of Public Security, based on current laws, temporarily establish certain principles regarding the relationship between the two sectors in investigative, prosecutorial, and detention supervision work, aiming to ensure that investigations and criminal prosecution proceed according to policy, law, and promptly. After a period of experience, the two sectors will supplement and revise these principles and will propose them for review and approval by the Standing Committee of the National Assembly.

PART I
ASSIGNMENT OF INVESTIGATION

1. In terms of criminal procedure, the public security agency is responsible for initiating cases, initially gathering evidence, and indicting suspects in counter-revolutionary cases and other criminal cases discovered, as well as continuing to complete the investigation and compile case files.

The Procuracy is responsible for supervising the investigation conducted by the investigating agency; at the same time, it also has the responsibility to initiate cases, indict suspects, and conduct investigations and compile case files for criminal offenses.

2. Based on the tasks and current organizational structure of the two sectors, the public security agency undertakes the investigation of all complex counter-revolutionary cases and other crimes. Meanwhile, the Procuracy mainly focuses on supervising investigations, and within the scope of its conditions and capabilities, directly investigates some types of economic and social offenses where the perpetrator and the act of crime are relatively clear.

3. Based on the tasks mentioned in Article 1, whenever the public security agency identifies a criminal act, it will initiate the case and initially collect evidence, such as inspecting the scene, temporarily seizing evidence, taking initial statements from witnesses present, temporarily detaining and conducting preliminary interrogations of suspects... as stipulated by law.

Subsequently, depending on the division of labor between the Procuracy and the Public Security Agency as stated in Article 2, it either continues to handle the investigation and compilation of case files itself or transfers the case to the Procuracy of the same level to continue completing the investigation and compilation of case files.

4. For cases investigated and compiled by the Procuracy, the public security agency is responsible for providing necessary materials, conducting searches of persons and premises, arresting or pursuing fugitive criminals upon request of the Procuracy. If the case is deemed complex, the Procuracy may either request the public security agency to investigate and verify certain points or transfer the entire case to the public security agency to continue completing the investigation and compilation of case files.

Based on Decree Law No. 103-SL/1005 dated May 20, 1957 and Decree No. 301-TTg dated July 10, 1957, the following public security officers have the authority to initiate or terminate the initiation of cases:

- Head or deputy head of public security of district, town, city under province;

- Head or deputy head of public security zone of city;

- Head or deputy head of border guard post;

- Warden of reformatory camp;

- Head or deputy head of public security department;

- Head or deputy head of public security bureau;

- Head or deputy head of department in provincial or municipal public security office;

- Director or deputy director of provincial or municipal public security office;

- Chief or deputy chief of bureau in the Ministry of Public Security.

According to Article 17 of the Procuracy Organization Law, prosecutors from the county, town, ward under central city level and above have the authority to initiate cases or terminate the initiation of cases.

When performing the task of supervising the initiation of cases by the investigating agency, procuracies at the corresponding level or higher have the right to revoke the decision to initiate a case or issue a decision to initiate a case when they find that the decision to initiate or terminate the initiation of a case by a public security officer is incorrect.

Decisions to initiate cases and decisions to indict suspects must be promptly sent to the procuracies at the corresponding level to perform supervisory duties.

PART II
CONDUCTING INVESTIGATIONS AND SUPERVISING INVESTIGATIONS

1. After initiating a case, the investigating agency is responsible for applying all necessary measures promptly as stipulated by law to timely discover crimes and criminals, as well as prevent crimes.

2. Except for the arrest of persons, search of persons and premises in cases of immediate crime and urgent situations as prescribed in Decree Law No. 002-SLT dated June 18, 1957, the public security agency can only carry out arrests, searches of persons and premises, retention of mail, temporary seizure or confiscation of property, temporary detention, extension of detention, exemption from prosecution, and temporary release of suspects after obtaining approval from the Procuracy.

To provide grounds for approval, the public security agency needs to send to the Procuracy a file containing necessary collected materials. If insufficient grounds are found, the Procuracy requests additional materials.

The Procuracy is responsible for quickly reviewing and approving to promptly support the struggle against crime.

3. During the investigation of a case, if the suspect is ill or insane (with a medical conclusion), the public security agency issues a decision to temporarily suspend the investigation of the case; if the suspect flees, then temporarily suspends questioning and conducts manhunt.

When conditions permit to continue the investigation, the public security agency will issue a decision to resume the investigation.

If it is found that the suspect did not commit a crime, or the suspect died, or lacked criminal responsibility capacity, the public security agency issues a decision to terminate the case.

If it is found that the case falls under the jurisdiction of another local area, the public security agency issues a decision to transfer the case.

The decision to temporarily suspend, or cease, or continue the investigation of a case or to transfer custody must be promptly sent to the People's Procuracy at the same level, accompanied by evidence materials for supervision purposes.

4. For cases initiated and investigated by public security agencies, upon completion of the dossier, if prosecution before the law is deemed necessary, the public security agency shall prepare an indictment and send it to the People's Procuracy along with the dossier.

5. According to Article 15 of the Law on the Organization of the People's Procuracy, the supervision of the investigation work of the public security agencies begins from the moment of receiving the decision to initiate a case until the end of the investigation.

6. During the investigation process, the public security agencies need to create conditions for the People's Procuracy to monitor the case; the People's Procuracy needs to propose specific requirements if necessary to ensure that the investigation is conducted quickly, comprehensively, thoroughly, and accurately according to the law.

The People's Procuracy may accompany the police to witness the examination of the scene, body search, and house search to perform supervisory tasks.

While conducting the investigation and dossier preparation, the People's Procuracy may come to witness interrogations at the request of the public security agency; or they may also come independently to witness interrogations or conduct interrogations themselves, but must discuss beforehand with the public security agency to ensure the smooth progress of the investigation.

For particularly important cases requiring prompt investigation and handling, the People's Procuracy has the responsibility to participate according to its functions immediately after receiving the decision to initiate a case from the public security agency.

7. Upon receiving the indictment and case dossier, the People's Procuracy has the responsibility to review quickly and make one of the following decisions:

- Approve the indictment and prosecute the suspect before the court;

- Waive prosecution of the suspect or cease the case according to the provisions of the law;

- Return the dossier to the public security agency for supplementary investigation if the dossier lacks key evidence, but specific requirements should be stated. If minor deficiencies are found, requests for necessary additional materials should be made.

If the indictment requires fundamental changes, the People's Procuracy will return the dossier to the public security agency for review and to prepare a new indictment. If only minor amendments to the indictment are needed, which do not fundamentally alter the nature and content of the case, the People's Procuracy may provide comments for the public security agency to amend the indictment or prepare a different indictment itself.

In cases where the court returns the dossier for supplementary investigation, and if the People's Procuracy deems the request reasonable, it will transfer the case to the public security agency for supplementary investigation.

8. If the public security agency does not agree with the decision not to approve arrest, temporary detention, release on bail, house search, or the decision not to approve the indictment and prosecution by the People's Procuracy at the same level; or if the public security agency disagrees with the People's Procuracy regarding the charge in the indictment, the public security agency may request the higher-level People's Procuracy to reconsider the decision.

9. During the investigation, supervising the investigation, as well as when dealing with suspects, both the People's Procuracy and the public security agencies have the responsibility to maintain confidentiality according to a unified plan to ensure continuous victories in the struggle against counter-revolutionary elements and other criminals.

CHAPTER III
SUPERVISION OF LEGAL COMPLIANCE
IN DETENTION

1. Based on Articles 20 and 21 of the Law on the Organization of the People's Procuracy, the People's Procuracies are responsible for supervising compliance with the law in prisons and rehabilitation centers.

2. The inspection of prisons at which level is the responsibility of the People's Procuracy at that level. In addition to the procurator and deputy procurator, the inspectors must be prosecutors of that level or higher.

PART IV
GENERAL PROVISIONS

1. Based on the above principles, the Supreme People's Procuracy and the Ministry of Public Security will issue detailed guidelines for their respective levels to implement.

2. Upon receipt of this circular, all levels of procuracies and public security agencies must organize discussions, develop plans to implement step-by-step to strictly and promptly comply with the circular to ensure that work is not interrupted.

3. During implementation, if any unclear, missing, or unsuitable provisions with practical work are found, they should be reported to their respective vertical sectors for the Supreme People's Procuracy and the Ministry of Public Security to study, explain, modify, or supplement; thereby improving relations between the two sectors to effectively serve the struggle against counter-revolutionary elements and other criminals.

           Nguyễn Song Tùng                     Trần Quốc Hoàn

                   (Signed)                                    (Signed)