Circular No. 43/2019/TT-BCA stipulates the types of forms of documents for extradition and transfer of persons serving custodial sentences within the jurisdiction of the People's Public Security.

CIRCULAR

Regulations on types of forms for extradition and transfer work
under the jurisdiction of the People's Public Security

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

Pursuant to the Law on Judicial Assistance dated November 21, 2007;

January 01/201Decree No. 8/NĐ-CP dated January 6, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;June 2024;year 2018 of the Government;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Minister of Public Security issues this Circular regulating the issuance, management, and use of forms used in extradition and transfer work under the jurisdiction of the People's Public Security.

At the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Justice;

This Circular regulates the issuance, management, and use of forms used in extradition and transfer work under the jurisdiction of the People's Public Security.

Article 1. Scope of Regulation

Article 1. Authorities and persons with jurisdiction to carry out activities in extradition and transfer work under the jurisdiction of the People's Public Security.

Article 2. Applicability

This Circular applies to:

1. Agencies and persons with jurisdiction to carry out activities in extradition and transfer work under the jurisdiction of the People's Public Security.

2. Organizations and individuals related to activities in extradition and transfer work under the jurisdiction of the People's Public Security.

The following forms are issued along with this Circular to implement extradition work:

1. Extradition request (Form No. 01).

2. Request for urgent arrest for extradition (Form No. 02).

3. Request for re-extradition (Form No. 03).

4. Request for additional information regarding extradition request (Form No. 04).

5. Supplemental document providing additional information regarding extradition request (Form No. 05).

6. Request for transfer of objects and evidence related to the case (Form No. 06).

7. Temporary extradition request (Form No. 07).

8. Application for extradition procedures (Form No. 08).

9. Request for transit of the person being extradited (Form No. 09).

10. Handover record of the person being extradited (Form No. 10).

11. Confidentiality agreement (Form No. 11).

The following forms are issued along with this Circular to implement the transfer work of persons serving custodial sentences:

1. Request for transfer of persons serving custodial sentences from Vietnam to another country (Form No. 12).

2. Request for transfer of persons serving custodial sentences from another country to Vietnam (Form No. 13).

3. Application for transfer to continue serving custodial sentence (Form No. 14).

4. Application by the legal representative of the prisoner in cases where the prisoner is a minor, a person with physical or mental disabilities leading to loss of capacity to understand or control their actions and thus not fully understanding the consequences of transfer and related rights and obligations (Form No. 15).

5. Request for additional information regarding the request for transfer of persons serving custodial sentences (using Form No. 04 as prescribed in Clause 4, Article 3 of this Circular).

6. Supplemental document providing additional information regarding the request for transfer of persons serving custodial sentences (using Form No. 05 as prescribed in Clause 5, Article 3 of this Circular).

7. Request for transit of persons serving custodial sentences being transferred (using Form No. 09 as prescribed in Clause 9, Article 3 of this Circular).

8. Handover record of persons serving custodial sentences being transferred (using Form No. 10 as prescribed in Clause 10, Article 3 of this Circular).

Article 5. Use of various types of paper forms

The paper forms for extradition and transfer of persons serving custodial sentences under the authority of the People's Public Security as stipulated in Articles 3 and 4 of this Circular shall be printed on A4 size paper and must be used strictly according to the format and content of each form.

Article 6. Responsibility for managing various types of paper forms

The Legal System and Administrative Reform Bureau has the responsibility to manage and guide the use of paper forms related to extradition and transfer of persons serving custodial sentences under the authority of the People's Public Security.

Article 7. Effective Date

1. This Circular takes effect from November 15, 2019.

2. During the implementation of this Circular, if there are difficulties or obstacles, public security units at all levels shall report to the Ministry of Public Security (through the Legal System and Administrative Reform Bureau) for timely explanation or guidance./.