Circular No. 43/2021/TT-BCA stipulates the responsibilities of the People's Public Security force in implementing certain friendly criminal procedure procedures during the process of receiving and handling reports of crimes, accusations for prosecution initiation, and investigations of cases involving harm to persons under 18 years old.

CIRCULAR

Regulations on the responsibilities of the People's Public Security force in implementing certain friendly criminal procedure procedures during the process of receiving and handling reports of crimes, information about crimes, requests for prosecution initiation, and investigation of cases of harm to persons under 18 years old

implement certain friendly procedures and litigation processes in

the course of receiving and handling reports of criminal offenses, accusations,

requests for prosecution initiation, and investigations of cases involving abuse of persons under 18 years old

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

Based on the Criminal Code dated November 27, 2015; Law Amending and Supplementing Certain Provisions of the Criminal Code dated June 20, 2017;

Based on Resolution No. 121/2020/QH14 dated June 19, 2020 of the National Assembly on further strengthening the effectiveness of policy and legal implementation regarding prevention and combating harm to children;

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;

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

The Minister of Public Security issues this Circularstipulating the responsibilities of the People's Public Security force in implementing certain friendly criminal procedure procedures during the process of receiving and handling reports of crimes, information about crimes, requests for prosecution initiation, and investigation of cases of harm to persons under 18 years old.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the responsibilities of the People's Public Security force in implementing certain friendly criminal procedure procedures during the process of receiving and handling reports of crimes, information about crimes, requests for prosecution initiation, and investigation of cases of harm to persons under 18 years old.

Article 2. This Circular applies to Investigation Agencies, Heads, Deputy Heads, Investigators, Investigative Officers belonging to Investigation Agencies of the People's Public Security; agencies of the People's Public Security assigned tasks to conduct certain investigative activities, heads, deputy heads, and investigative officers of agencies of the People's Public Security assigned tasks to conduct certain investigative activities; Police Stations, Posts, Outposts; other agencies and units of the People's Public Security and other relevant agencies, organizations, and individuals.

Article 2. Interpretation of Terms

Harm to persons under 18 years old In this Circular means acts infringing upon the life, health, honor, and dignity of persons under 18 years old; rape, forcible rape, sexual abuse against persons under 18 years old, having sexual intercourse or engaging in other sexual acts with persons under 16 years old, using persons under 16 years old for pornographic purposes; trafficking in persons under 18 years old; kidnapping persons under 16 years old; buying and selling, kidnapping organs and body parts of persons under 18 years old; torturing and abusing persons under 18 years old; organizing, forcing, or enticing persons under 18 years old to illegally use drugs, accommodating persons under 16 years old to illegally use drugs, or other harmful acts against persons under 18 years old as provided for in the Criminal Code of 2015 (amended and supplemented in 2017).

Article 3. Principles for receiving and handling reports of crimes, information about crimes, requests for prosecution initiation, and investigating cases of harm to persons under 18 years old

Clause 1. Ensuring compliance with the provisions of the Criminal Code of 2015 (amended and supplemented in 2017), the Criminal Procedure Code of 2015, and other related legal normative documents.

Clause 2. All activities of receiving and handling reports of crimes, information about crimes, requests for prosecution initiation, and investigating cases of harm to persons under 18 years old must be conducted in an environment conducive to ensuring the safety of life, health, privacy, and honor and dignity of victims under 18 years old. The number of contacts between victims under 18 years old and the accused, suspects, and defendants should be minimized to the greatest extent possible.

Clause 3. Appropriate measures necessary under the law shall be applied to protect victims under 18 years old and their relatives from harm to their lives, health, honor, dignity, property, and other legitimate rights and interests when such rights and interests are infringed upon or threatened with infringement.

Clause 4. Handling reports of crimes, information about crimes, and requests for prosecution initiation concerning acts of harming persons under 18 years old shall be carried out by competent Investigation Agencies.

Clause 5. The process of receiving and handling reports of crimes, information about crimes, requests for prosecution initiation, and investigating cases of harm to persons under 18 years old must be prompt and timely. Where conditions permit, the case shall be resolved through simplified procedures in accordance with the provisions of the Criminal Procedure Code of 2015.

Clause 6. When working with victims under 18 years old, a friendly, gentle attitude should be adopted, using language appropriate to their age, gender, cognitive ability, and level of maturity; attention should be paid to the mental state of persons under 18 years old to apply effective investigative measures, minimizing the number of times they are interviewed.

Chapter II

SPECIFIC PROVISIONS

Article 4. Sources of information on crimes against persons under 18 years old

1. Reports and accusations from victims or their close relatives regarding acts that indicate crimes against persons under 18 years old.

2. Reports and accusations from individuals who know about acts that indicate crimes against persons under 18 years old.

3. Prosecution recommendation documents from competent state agencies; reports from health, education, labor - invalids and social affairs, tourism organizations, and other relevant agencies when they discover acts that indicate crimes against persons under 18 years old.

4. Crime reports received through the National Child Protection Hotline (Hotline 111); crime reports mentioned in mass media or on the Internet.

5. Through operational work, competent authorities directly detect signs of crime.

6. Offenders confessing voluntarily.

Article 5. Procedures for receiving accusations and reports on crimes, and prosecution recommendations concerning acts of harm against persons under 18 years old

1. Police stations, town police stations, or Police Posts shall record the receipt of accusations and reports on crimes against persons under 18 years old, immediately notify the Criminal Investigation Department of the county-level police force where the incident occurred or the competent investigative authority using the fastest communication method, conduct preliminary checks and verifications, and transfer the accusations and reports on crimes along with related documents and items to the competent investigative authority within 24 hours from the time of receipt.

Village police stations shall record the receipt of accusations and reports on crimes against persons under 18 years old, immediately notify the Criminal Investigation Department of the county-level police force where the incident occurred or the competent investigative authority using the fastest communication method, take initial statements, and transfer the accusations and reports on crimes along with related documents and items to the competent investigative authority within 24 hours from the time of receipt. For villages in remote mountainous areas, islands, and places with difficult transportation conditions, the time limit for transferring accusations and reports on crimes does not exceed 48 hours from the time of receipt.

2. Agencies assigned tasks to carry out certain investigative activities, or Police Stations shall record the receipt of accusations and reports on crimes against persons under 18 years old, immediately notify the Criminal Investigation Department of the county-level police force where the incident occurred or the competent investigative authority using the fastest communication method, and transfer the accusations and reports on crimes along with related documents and items to the competent investigative authority within 24 hours from the time of receipt.

3. The Security Investigation Agency of the Ministry of Public Security, the Security Investigation Agency of the provincial public security agency, the Criminal Investigation Agency of the Ministry of Public Security, and the Criminal Investigation Agency of the provincial public security agency shall record the receipt of accusations and reports on crimes, and prosecution recommendations concerning acts of harm against persons under 18 years old, classify them, and proceed as follows:

a) In cases within their jurisdiction, they shall handle according to the procedures and regulations stipulated by relevant laws and this Circular.

b) In cases not within their jurisdiction, they shall immediately notify the Criminal Investigation Department of the county-level police force where the incident occurred or the competent investigative authority using the fastest communication method, and transfer the accusations and reports on crimes along with related documents and items to the competent investigative authority within 24 hours from the time they have determined it is not within their jurisdiction.

4. The Criminal Investigation Department of the county-level police force initially receiving or receiving from other agencies accusations and reports on crimes, and prosecution recommendations concerning acts of harm against persons under 18 years old shall record, classify, and proceed as follows:

a) In cases within their jurisdiction, they shall handle according to the procedures and regulations stipulated by relevant laws and this Circular.

b) In cases not within their jurisdiction, they shall immediately notify the competent investigative authority using the fastest communication method, and transfer the accusations and reports on crimes along with related documents and items to the competent investigative authority within 24 hours from the time they have determined it is not within their jurisdiction.

5. For crime reports mentioned in mass media or on the Internet that have identified signs of crime within the jurisdiction of a specific agency or unit, that agency or unit shall record and resolve them. If the location of the incident or its relation to multiple provinces or centrally-administered cities has not been determined, the Criminal Investigation Department of the county-level police force where the main office of the mass media (with a clear address) is located shall be responsible for receiving and initially handling such reports.

Article 6. Reception and handling of reports and accusations regarding ongoing or recently concluded acts of harm against persons under 18 years old.

1. Police stations, police posts, border police stations upon receiving such reports must immediately record the reception, notify the competent investigative agency at the district-level police where the incident occurred or the authorized investigative agency to handle the matter; organize forces to immediately go to the scene and take urgent measures as provided for in Clauses 1, 2, 3, and 4 of Article 7 of this Circular and relevant laws. When the authorized investigative agency arrives at the scene, they shall exchange information, report on the situation and measures taken to the authorized investigative agency; cooperate with the investigative agency's requests.

2. Agencies assigned to conduct certain investigative activities upon initially receiving such reports must record the reception and immediately notify the competent investigative agency at the district-level police where the incident occurred or the authorized investigative agency to handle the matter through the fastest communication method. In cases where such harmful acts against persons under 18 are discovered during their duties, the agencies assigned to conduct certain investigative activities shall take urgent measures as provided for in Clauses 1, 2, 3, and 4 of Article 7 of this Circular, relevant laws, and immediately notify the competent investigative agency at the district-level police where the incident occurred or the authorized investigative agency to handle the matter. When the investigative agency arrives at the scene, they shall exchange information, report on the situation and measures taken to the authorized investigative agency; cooperate with the investigative agency's requests.

The Cybersecurity and High-Tech Crime Prevention Bureau, the Provincial Cybersecurity and High-Tech Crime Prevention Department (or the department within the provincial police responsible for cybersecurity and high-tech crime prevention) upon discovering online information about ongoing or recently concluded acts of harm against persons under 18 must promptly collect information, use technical measures to retain information, determine IP addresses, basic information of accounts and social media pages, determine the location of the crime (if possible), and immediately notify the competent investigative agency at the district-level police where the incident occurred or the authorized investigative agency through the fastest communication method.

3. The Investigation Security Agency of the Ministry of Public Security upon initially receiving such reports must record the reception; if it falls within its jurisdiction, it must immediately notify the Provincial Investigation Security Agency where the incident occurred through the fastest communication method to handle the matter promptly. If it does not fall within its jurisdiction, it must immediately notify the competent investigative agency at the district-level police where the incident occurred or the authorized investigative agency through the fastest communication method to handle the matter promptly.

The Provincial Investigation Security Agency upon initially receiving such reports or receiving them from the Investigation Security Agency of the Ministry of Public Security or other agencies and units must record the reception; if it falls within its jurisdiction, it must immediately notify the competent investigative agency at the district-level police where the incident occurred through the fastest communication method; organize forces to immediately go to the scene and take urgent measures as provided for in Article 7 of this Circular and other measures as prescribed by law. If it does not fall within its jurisdiction, it must immediately notify the competent investigative agency at the district-level police where the incident occurred or the authorized investigative agency through the fastest communication method; immediately transfer the received information and materials to the competent investigative agency at the district-level police where the incident occurred or the authorized investigative agency to handle the matter.

4. The Investigation Security Agency of the Ministry of Public Security upon receiving such reports (initially or transferred from other agencies and units) or receiving information through international cooperation channels regarding incidents involving acts of harm against persons under 18 must record the reception and proceed as follows:

a) For accusations and reports of crimes within the jurisdiction of the Provincial Investigation Security Agency concerning particularly serious and complex crimes, crimes involving multiple provinces or centrally-administered cities, or organized transnational crimes, if deemed necessary to directly handle, it shall handle according to its authority and immediately notify the Provincial Investigation Security Agency, the District Investigation Security Agency where the incident occurred. Organize forces to immediately go to the scene and take urgent measures as provided for in Article 7 of this Circular and other measures as prescribed by law.

b) For accusations and reports of crimes within the jurisdiction of the Provincial Investigation Security Agency but not falling under the circumstances specified in point a of this clause, it shall immediately notify the authorized Provincial Investigation Security Agency, the District Investigation Security Agency where the incident occurred to handle the matter promptly according to relevant laws and this Circular.

c) For accusations and reports of crimes not falling under the circumstances specified in points a and b of this clause, it shall immediately notify the competent investigative agency at the district-level police where the incident occurred or the authorized investigative agency through the fastest communication method; immediately transfer the received information and materials to the competent investigative agency at the district-level police where the incident occurred or the authorized investigative agency to handle the matter.

5. The Provincial Investigation Security Agency upon receiving such reports must record the reception and proceed as follows:

a) In case of reports or information about criminal offenses as stipulated in Clause 2, Article 21 of the Criminal Investigation Organizational Law 2015 when such offenses fall within the jurisdiction of the People's Court at the provincial level, immediately notify the Police Investigation Agency under the Public Security Department at the district level where the incident occurred; organize forces to immediately go to the scene; implement urgent measures as prescribed in Article 7 of this Circular and other measures as prescribed by law.

b) For reports or information about criminal offenses within the investigation jurisdiction of the Police Investigation Agency under the Public Security Department at the district level occurring across multiple districts, towns, cities directly under provinces, or municipalities directly under the central government, involving organized crimes or having foreign elements, if deemed necessary to handle directly, handle according to jurisdiction and immediately notify the Police Investigation Agency under the Public Security Department at the district level where the incident occurred. Organize forces to immediately go to the scene, implement urgent measures as prescribed in Article 7 of this Circular and other measures as prescribed by law.

c) For reports or information about criminal offenses within the jurisdiction of the Police Investigation Agency under the Public Security Department at the district level occurring across multiple districts, towns, cities directly under provinces, or municipalities directly under the central government, involving organized crimes or having foreign elements but not falling under Point b of this Clause, immediately notify the Police Investigation Agency under the Public Security Department at the district level with jurisdiction for timely handling according to relevant laws and this Circular.

d) For reports or information about criminal offenses directly handled by the Police Investigation Agency under the Ministry of Public Security as prescribed in Point a, Clause 4 of this Article, the Police Investigation Agency under the Public Security Department at the provincial level shall be responsible for sending personnel to the scene, coordinating with the Police Investigation Agency under the Public Security Department at the district level to implement measures within their jurisdiction as prescribed by law, and cooperating as requested by the Police Investigation Agency under the Ministry of Public Security.

đ) For reports or information about criminal offenses not falling under the cases prescribed in Points a, b, c, and d of this Clause, immediately notify the Police Investigation Agency under the Public Security Department at the district level where the incident occurred or the competent investigative agency using the fastest communication methods; promptly transfer received information and materials to the Police Investigation Agency under the Public Security Department at the district level where the incident occurred or the competent investigative agency for handling.

6. The Police Investigation Agency under the Public Security Department at the district level, upon initially receiving or receiving information transferred from other agencies, shall record it and proceed as follows:

a) In case of reports or information about criminal offenses within its jurisdiction, organize forces to immediately go to the scene; implement urgent measures as prescribed in Article 7 of this Circular and other measures as prescribed by law.

b) In case of reports or information about criminal offenses occurring within its jurisdiction that are directly handled by the Police Investigation Agency under the Ministry of Public Security, the Police Investigation Agency under the Public Security Department at the provincial level, or the Security Investigation Agency under the Public Security Department at the provincial level, organize forces to immediately go to the scene; implement urgent measures as prescribed in Clauses 1, 2, 3, and 4 of Article 7 of this Circular and other measures within their jurisdiction as prescribed by law. When the Police Investigation Agency under the Ministry of Public Security, the Police Investigation Agency under the Public Security Department at the provincial level, or the Security Investigation Agency under the Public Security Department at the provincial level arrives at the scene, exchange information, report on the situation, and measures already taken; cooperate and act according to requests and proposals from the Police Investigation Agency under the Ministry of Public Security, the Police Investigation Agency under the Public Security Department at the provincial level, or the Security Investigation Agency under the Public Security Department at the provincial level.

c) In case of incidents occurring within its jurisdiction but not within its jurisdiction to handle (except for the case prescribed in Point b of this Clause), immediately notify the competent investigative agency using the fastest communication method; organize forces to immediately go to the scene; implement urgent measures as prescribed in Clauses 1, 2, 3, and 4 of Article 7 of this Circular and other measures within their jurisdiction as prescribed by law. When the competent investigative agency arrives at the scene, exchange information, the situation, and measures already taken with the competent investigative agency; cooperate with the competent investigative agency to resolve the matter.

d) In case of incidents not within its jurisdiction to handle and not falling under the cases prescribed in Points b and c of this Clause, promptly notify the competent investigative agency using the fastest communication method and immediately transfer documents and objects to the competent investigative agency for handling.

7. After implementing urgent measures and other measures, if there is sufficient basis to initiate a criminal investigation, the competent investigative agency must initiate a criminal investigation and follow the procedures and formalities for investigating criminal cases as prescribed in this Circular and relevant laws.

Article 7. Emergency measures when receiving and handling reports of criminal acts infringing upon persons under 18 years old that are currently occurring or have just been discovered.

1. Immediately stop the ongoing act of infringing upon a person under 18 years old, apprehend the perpetrator on the spot.

2. Organize emergency medical care for the victim, provide medical support, stabilize the psychological and mental state of the victim, protect the crime scene, safeguard personal information of the victim, and implement measures to stabilize security and public order in the area and on the premises.

3. Rescue victims who are being illegally detained, restrained, coerced, sexually exploited, forced into sexual slavery, or threatened with danger to their health or life, or who are being taken away or hidden by the perpetrator.

4. Identify witnesses, record personal information, methods of contact with those who know about the incident, and take statements from them to promptly collect important and meaningful information for clarifying the case and tracing the suspect.

5. Request forensic medical examinations, organize inspections of marks on the body of the victim and the suspected perpetrator, and determine the relationship between the marks and the criminal act. Conduct a crime scene investigation and carry out an urgent search according to the law to promptly collect objects, documents, evidence, digital devices (mobile phones, computers, cameras, audio and video recording devices, USB drives, DVDs...) suspected of containing electronic data related to the criminal act; prepare records for extracting images and data, temporarily detain objects as evidence directly related, seal and preserve digital devices storing information deemed to contain images relevant to the case according to the law.

6. If there is evidence to determine the residence or hiding place of the suspect or if the suspect is found at the scene, quickly apply preventive measures, coercive measures according to the law, or closely monitor to prevent the suspect from continuing to escape or destroy documents, evidence, or threaten the victim or the victim's relatives. In cases where there is evidence suggesting that the suspect is attempting to flee, organize forces to pursue and capture the suspect.

7. For cases and criminal cases involving signs of sexual offenses against persons under 18 years old, cooperate with doctors, obstetricians to examine, collect marks and evidence on the body of the victim. Implement measures according to the law to promptly collect and preserve documents and objects suspected of containing biological traces (blood, hair, semen...) or related to sexual offenses; conduct forensic medical examinations as soon as possible. Cooperate with psychologists or individuals trained or experienced in managing, caring for, and educating children to stabilize the psychological state of the victim.

Article 8. Assignment of authorized personnel to handle reports of criminal acts infringing upon persons under 18 years old.

1. Within three days from the date of receipt of reports of criminal acts, recommendations for prosecution regarding criminal acts infringing upon persons under 18 years old within their jurisdiction, the Head or Deputy Head of the Investigation Agency (when authorized) shall directly organize, direct, and assign Investigators or Investigative Officers under their authority to handle and resolve the matter, or issue a Decision assigning the Deputy Head of the Investigation Agency to organize, direct, and handle the matter, and notify in writing the same-level Public Prosecutor's Office or the Public Prosecutor's Office with jurisdiction.

2. The Investigators or Investigative Officers assigned must be trained, educated, or have experience in handling reports of criminal acts, recommendations for prosecution, criminal cases involving persons under 18 years old as participants in litigation, and have necessary knowledge about psychology and education science for persons under 18 years old. Priority should be given to assigning female Investigators or Investigative Officers in cases where the victim is a female or a girl.

Article 9. Establishing a plan for inspection and verification of reports and accusations regarding criminal acts against persons under 18 years old

When assigned to handle reports and accusations regarding criminal acts against persons under 18 years old, the main investigator must be responsible for building a plan for inspection and verification to propose to the leadership or command authority for approval by the head or deputy head of the Investigative Agency (assigned or authorized) before implementation. The contents of the plan include:

1. The purpose and requirements of the inspection and verification of reports and accusations regarding criminal acts.

2. A summary of the incident's content; actions already taken; actions yet to be taken.

3. Subsequent actions to be carried out, including focusing on the following aspects:

a) Identifying the victim, witness, person aware of the matter, related person, accused person, person recommended for prosecution, and suspect in the case of harm to persons under 18 years old (must accurately determine the age of the victim and the accused person, person recommended for prosecution, and suspect); whether there are other victims who have been harmed by the suspect being investigated; identifying accomplices, non-reporters of crimes, those concealing crimes, and the location where the crime occurred.

Identifying relevant items, documents, and electronic data from digital devices (computers, cameras, phones, audio and video recorders, USBs, DVDs...) of the accused person, person recommended for prosecution, suspect, and victim that can prove the crime for collection.

b) Collecting relevant documents to determine the age of the victim and the accused person, person recommended for prosecution, and suspect such as: Birth certificate; Birth registration certificate; Identity card; Citizen identification card; Household registration book; Passport or other types of documents recording date of birth. In cases where the age cannot be determined, it is necessary to request an age determination appraisal as a basis for resolving the case.

c) Collecting and determining personal information of the victim to identify the representative, close relative, or guardian of the victim.

d) Taking statements from the victim, person aware of the matter, related person, accused person, person recommended for prosecution to determine whether a criminal act against persons under 18 years old has occurred; who committed the harmful act, how many people were involved, the method and means of committing the harmful act; time, location, number of occurrences, number of victims, form of harm, consequences of the criminal act; tracing and identifying items and documents needed to collect; consolidating and evaluating collected items and documents.

đ) Notifying the victim, representative, and legal rights and interests protector of the victim according to the provisions of criminal procedure law.

e) Anticipating necessary measures such as: Determining and inspecting the scene, examining the scene, requesting an appraisal, and other measures within the jurisdiction of the agency handling and resolving the case.

g) Anticipating relevant agencies, organizations, units required to cooperate and provide information according to the Investigative Agency's requirements. In cases involving foreign elements, anticipating cooperation with the Ministry of Public Security's foreign affairs agency, the immigration management agency of the Ministry, and local public security agencies, foreign diplomatic agencies, and international cooperation agencies in criminal proceedings in Vietnam.

h) Anticipating the application of investigative techniques appropriate to each case, mobilizing the masses or other measures to verify during the process of verifying the source of information.

4. Timeframe for Implementation: Specifically determining and proposing the timeframe for inspection and verification to ensure compliance with legal regulations for resolution.

5. Organizational Implementation: Assigning specific tasks to Investigators and Investigative Officers to carry out; proposing equipment usage and financial support; reporting procedures when unexpected issues arise during implementation.

Article 10. Responsibility for Implementing Plans to Inspect and Verify Reports of Criminal Offenses and Requests for Prosecution Regarding Acts of Harm Against Individuals Under 18 Years Old

1. Investigators and Investigative Officers assigned to handle reports of criminal offenses and requests for prosecution may only conduct inspection and verification activities according to the approved plan. During the implementation of the plan, if new issues arise, the main assigned Investigator must report in writing to their superiors or command officers for comments before submitting to the Head or Deputy Head of the Investigation Agency (assigned or authorized) for instructions; in urgent cases, they may report through the fastest communication method to seek instructions from superiors or command officers, and then must submit a written report to be included in the file.

2. The Head or Deputy Head of the Investigation Agency (assigned or authorized) must regularly monitor the progress and results of Investigators and Investigative Officers during the handling of reports of criminal offenses and requests for prosecution; Investigators and Investigative Officers assigned must be responsible under the law and to their superiors for the results of their inspections and verifications.

Article 11. Reporting on the Results of Inspections and Verifications of Reports of Criminal Offenses and Requests for Prosecution Regarding Acts of Harm Against Individuals Under 18 Years Old

When there are sufficient grounds to conclude the inspection and verification process or at the latest within seven days for extended or prolonged reports of criminal offenses and requests for prosecution, the main assigned Investigator must submit a written report concluding the inspection and verification process to their superiors or command officers for comments before presenting it to the Head or Deputy Head of the Investigation Agency (assigned or authorized). The conclusion report must clearly state the results of the inspection and verification of reports of criminal offenses and requests for prosecution and propose specific actions regarding: initiating a criminal case; not initiating a criminal case; temporarily suspending the handling of reports of criminal offenses and requests for prosecution.

Article 12. Concluding the Process of Handling Reports of Criminal Offenses and Requests for Prosecution Regarding Acts of Harm Against Individuals Under 18 Years Old

1. Upon concluding the process of handling reports of criminal offenses and requests for prosecution, the main assigned Investigator must draft a procedural decision in accordance with Clause 1 of Article 147 of the 2015 Criminal Procedure Code, along with the Conclusion Report on Inspection and Verification, related files and materials, and report to their superiors or command officers for comments before submitting to the Head or Deputy Head of the Investigation Agency (assigned or authorized) for approval and signature.

2. Within three days from the date of concluding the handling of reports of criminal offenses and requests for prosecution, the agency that handled the reports of criminal offenses and requests for prosecution has the responsibility to inform individuals, agencies, or organizations that reported criminal offenses or requested prosecution about the results of the case resolution.

3. The resumption of handling reports of criminal offenses and requests for prosecution concerning acts of harm against individuals under 18 years old shall be carried out in accordance with the provisions of the law.

Article 13. Allocation of Heads, Deputy Heads, Investigators, and Investigative Officers for Criminal Cases Involving Harm to Individuals Under 18 Years Old

1. Within three days from the date of issuance of the Decision on Initiation of Criminal Investigation, the Head or Deputy Head of the Investigative Agency (when authorized) shall directly organize, direct, and allocate Investigators or Investigative Officers under their jurisdiction to conduct the investigation, or issue a Decision allocating a Deputy Head of the Investigative Agency to organize and direct the investigation, and notify in writing the People's Procuracy at the same level or the competent People's Procuracy.

2. The Investigators or Investigative Officers allocated must be trained, educated, or have experience in handling reports of criminal offenses, recommendations for initiation of criminal investigations, and criminal cases involving individuals under 18 years old as participants in litigation. They must also have necessary knowledge about psychology and education science for individuals under 18 years old. Female Investigators or Investigative Officers should be prioritized when the victim is female or a girl child.

Article 14. Investigation Plan for Criminal Cases Involving Harm to Individuals Under 18 Years Old

When assigned to investigate criminal cases involving harm to individuals under 18 years old, the main assigned Investigator has the responsibility to develop an investigation plan for the criminal case to propose to the leadership or command responsible for approval by the Head or Deputy Head of the Investigative Agency (assigned or authorized) before implementation. The investigation plan includes the following contents:

1. Objectives and requirements.

2. Summary of the incident's content; evaluation of collected materials and evidence; actions already taken; actions yet to be taken. Develop investigative hypotheses and directions for collecting evidence and materials.

3. Content to clarify issues that need to be proven in criminal cases involving harm to individuals under 18 years old, including attention to elements of criminal charges, sentencing ranges, and other related issues prescribed in the Penal Code 2015 (amended and supplemented in 2017), the Criminal Procedure Code 2015, and Resolution No. 06/2019/NQ-HĐTP dated October 1, 2019 of the Supreme People's Court Council guiding the application of certain provisions in Articles 141, 142, 143, 144, 145, 146, 147 of the Penal Code 2015 (amended and supplemented in 2017) and the trial of sexual abuse cases against individuals under 18 years old.

4. Anticipated measures to be implemented (determining and inspecting the scene, examining the scene, confronting suspects, identifying, requesting expert opinions, organizing examination of marks on the body, searching premises, reenacting the investigation, recovering electronic data, other investigative measures within the authority; operational measures according to the nature of each case) to identify the person committing the criminal act, whether there is complicity, the method and means of committing the criminal act; whether a case of harm to an individual under 18 years old has occurred; time, location, number of occurrences, number of victims, consequences of the criminal act; tracing and determining objects and materials to be collected; consolidating and evaluating collected materials and objects. Notifying the victim, representative, and lawful rights and interests protector of the victim according to the provisions of criminal procedure law.

5. Anticipated agencies, organizations, units that need to cooperate and provide information according to the request of the Investigative Agency. In cases involving foreign factors, cooperation with the Ministry of Public Security's diplomatic agency, the immigration management agency of the Ministry, public security agencies of localities, foreign affairs agencies, and foreign diplomatic agencies in Vietnam should be coordinated; determining international cooperation activities and the focal point for international cooperation in criminal proceedings.

6. Time frame: Determining and proposing specific time frames for conducting the investigation to ensure compliance with legal regulations.

7. Implementation organization: Assigning specific tasks to Investigators and Investigative Officers to carry out; proposing means of use and financial support; reporting system when unexpected issues arise during implementation.

Article 15. Responsibility for Implementing the Investigation Plan

1. Investigators and Investigative Officers assigned to handle the investigation shall be responsible for implementing the contents of the investigation according to the approved plan. During the implementation of the plan, if new issues arise, the main assigned Investigator must report in writing to the leadership or command for their opinion before submitting to the Head or Deputy Head of the Investigative Agency (assigned or authorized) for instructions; in urgent cases, they may report through the fastest communication method to the leadership or command for instructions, and then must report in writing afterwards to include in the file.

2. The Head or Deputy Head of the Investigative Agency (assigned or authorized) must regularly monitor the progress and results of the investigation and resolution by Investigators and Investigative Officers during the criminal investigation involving persons under 18 years old. The assigned Investigators and Investigative Officers must bear responsibility under the law and to their superiors for the results of the investigation.

Article 16. Reporting on the Results of the Investigation

At least 10 days before the end of the investigation period, the main assigned Investigator must conduct a preliminary summary and evaluation of the progress and results of the resolution, propose viewpoints on handling, and submit a written report on the results of the criminal investigation to the direct leadership or command for their opinion before submitting to the Head or Deputy Head of the Investigative Agency (assigned or authorized) for review and signature. The report on the results of the investigation must clearly state the development of the case content, the assessment of evidence proving the crime and the actions of the offender, the Investigator's viewpoint on handling the case and the accused (specifying the grounds and provisions of the relevant documents to be applied; in cases where there are differing opinions between the Investigator and the Prosecutor, each type of opinion must be reported clearly), and specific proposals regarding prosecution, temporary suspension of the investigation, termination of the investigation, or extension of the investigation.

Article 17. Completion of the Investigation Process

1. Upon completion of the investigation process, the main assigned Investigator drafts the Investigation Conclusion Report and procedural decisions as stipulated in the Criminal Procedure Code 2015, reports to the direct leadership or command for their opinion before submitting to the Head or Deputy Head of the Investigative Agency (assigned or authorized) for approval and signature.

2. Notifying the victim, or the person protecting the legitimate rights and interests of the victim who is under 18 years old about procedural decisions and documents is carried out in accordance with Clause 3, Article 229 and Clause 4, Article 232 of the Criminal Procedure Code 2015.

Article 18. Participation of Representatives, Schools, Youth Union, and Other Agencies/Organizations

1. The participation of representatives, schools, Youth Union, agencies, and other organizations is implemented in accordance with the Criminal Procedure Code 2015 and Circular Joint Circular No. 06/2018/TTLT-VKSNDTC-TANDTC-BCA-BTP-BLDTBXH dated December 21, 2018 issued by the Procurator General of the Supreme People's Procuracy, President of the Supreme People's Court, Minister of Public Security, Minister of Justice, and Minister of Labor, Invalids and Social Affairs on coordinating the implementation of certain provisions of the Criminal Procedure Code concerning the procedure for persons under 18 years old.

2. The Investigative Agency has the responsibility to ensure the participation in the proceedings as stipulated in the Criminal Procedure Code 2015 of representatives, guardians, teachers, representatives of schools, Communist Youth Union Ho Chi Minh, and other agencies/organizations. The Investigative Agency has the responsibility to create conditions for victims under 18 years old to receive appropriate professional assistance in medical, health, legal, and psychological aspects when needed; protect the confidentiality of personal information of the victim.

Article 19. Participation of Legal Representatives for Victims Under 18 Years Old

Clause 1. The Investigative Agency must inform and explain to victims under 18 years old and their representatives about the right to seek a legal representative for victims under 18 years old.

In cases where victims under 18 years old fall within the category eligible for legal aid but have not sought such aid or have not chosen a legal representative, the Investigative Agency shall notify the local Legal Aid Center and proceed with the legal aid procedures for victims under 18 years old. Legal aid shall be carried out in accordance with the provisions of the Criminal Procedure Code 2015, the Legal Aid Law 2017, and related laws.

Clause 2. The procedures, formalities, authority, and deadlines for issuing notifications regarding the legal representatives for victims under 18 years old shall be implemented in accordance with Circular No. 46/2019/TT-BCA dated October 10, 2019, issued by the Minister of Public Security on the responsibilities of the People's Public Security force in implementing the provisions of the Criminal Procedure Code 2015 related to ensuring the right to defense for persons detained in emergency situations, persons arrested at the scene of a crime, or pursuant to a warrant of arrest, persons under temporary detention, defendants; protecting the legitimate rights and interests of victims, parties, persons reported for criminal prosecution, and persons recommended for prosecution. The rights and obligations of legal representatives for victims under 18 years old shall be implemented in accordance with the provisions of the Criminal Procedure Code 2015.

Article 20. Taking Statements and Conducting Certain Procedural Activities for Victims Under 18 Years Old

Clause 1. Taking statements from victims under 18 years old may be conducted at the investigation site, place of residence, place of study, place of work, or place of living, or at a child care facility. Investigators and Investigation Officers choose the location and arrange it in a manner that makes them feel safe and comfortable. If a friendly interview room has been arranged, the statement may be taken there.

Clause 2. When taking statements from victims under 18 years old, Investigators and Investigation Officers must adopt a friendly, gentle attitude, use language appropriate to their age, gender, cognitive ability, and level of maturity. Investigators and Investigation Officers wear suitable attire, which does not necessarily include police uniforms.

Clause 3. Prior to taking statements from victims under 18 years old, the Investigative Agency must notify the time and place of the statement-taking to the representatives and legal representatives of the victims under 18 years old. The requirement for interpreters, translators, or individuals familiar with the gestures and behaviors of deaf-mute individuals or blind individuals when the victim under 18 years old cannot use Vietnamese, suffers from hearing, speech, or visual disabilities shall be carried out according to the provisions of Article 70 of the Criminal Procedure Code 2015.

The Investigative Agency may invite representatives from the Department of Labor - Invalids and Social Affairs, Women's Union, Youth Union, School, or other assisting officers knowledgeable in psychology and experienced to be present during the statement-taking or other procedural activities involving victims under 18 years old to support them.

Clause 4. The Investigative Agency needs to base its actions on specific characteristics such as age, gender, personality traits of the victim, family circumstances, psychological state, health condition, cognitive ability, level of maturity, and development of victims under 18 years old, and investigative requirements to apply appropriate measures to minimize the number of times statements are taken and determine the duration of each statement-taking session for them.

Before conducting statement-taking, Investigators and Investigation Officers need to create a friendly interaction period with victims under 18 years old, establish a stable psychological communication posture, and limit immediate information gathering related to the case or incident.

Statement-taking from victims under 18 years old must immediately stop if they show signs of fatigue affecting their ability to provide accurate and complete statements.

Clause 5. Collecting evidence, taking statements from victims under 18 years old, examining physical marks, photographing injuries, recording audio, and video with sound must comply with the provisions of the Criminal Procedure Code 2015 and ensure that it does not affect their psychological state or their personal privacy, honor, and dignity.

Clause 6. The Investigative Agency must minimize the confrontation between victims under 18 years old and defendants to avoid psychological and mental harm. For cases of sexual abuse, torture, trafficking, or abduction of persons under 18 years old, confrontation shall only be conducted when deemed necessary to clarify case details that cannot be resolved without confrontation.

Article 21. Request for Expert Examination

1. In cases where there are signs of immediate crime or crimes that have just ended and were discovered with evidence and materials indicating acts of harm to persons under 18 years old or in cases where expert examination must be requested compulsorily, the agency handling the case must conduct the request for expert examination within 24 hours from the time when the basis is established. In cases where it is necessary to bring the victim to a medical facility for initial treatment or emergency care, the investigating agency must cooperate with the medical facility to collect samples for examination.

2. In cases where a request for expert examination is received from a victim under 18 years old and other participants in criminal proceedings according to the Criminal Procedure Code 2015 (except for the cases stipulated in Clause 1 of this Article), within seven days from the date of receipt of the request, the agency handling and resolving the criminal case must verify, collect, and preserve the traces and circumstances related to the request for expert examination and decide on the request for expert examination as a basis for resolving the criminal case. If the request for examination is not accepted, it must be notified in writing, clearly explaining the reasons to the person who made the request.

Article 22. Time Limit for Expert Examination

1. The time limit for expert examination conducted by specialized agencies outside the Public Security force shall be carried out in accordance with the provisions of the Criminal Procedure Code 2015 and guiding documents.

2. Within five days from the date of receiving the decision requesting expert examination, the specialized agency of the Public Security force has the responsibility to reply to the agency requesting the examination. In cases where the examination cannot be conducted within the aforementioned period, the agency conducting the examination must promptly notify in writing, clearly stating the reasons to the requesting agency and the person requesting the examination.

The conclusion of the expert examination must clearly record the results of the examination for the contents requested and other contents as prescribed by the Criminal Procedure Code 2015 and the Law on Judicial Appraisal 2012 (amended and supplemented in 2020).

Article 23. Protection of Victims Under 18 Years Old

1. The protection of victims under 18 years old is implemented in accordance with the provisions of Article 486 of the Criminal Procedure Code 2015. Depending on the actual situation, the investigating agency may apply additional measures as follows:

a) Proposing information and communication agencies not to publish, remove articles and information related to the case that affect the reputation and dignity of victims under 18 years old;

b) Applying technical measures or proposing competent authorities to apply technical measures to protect personal information, reputation, and dignity of victims under 18 years old disseminated on the Internet or social networks;

c) Handling according to their authority or recommending relevant agencies and organizations to handle according to their authority against those intentionally disseminating personal information of victims under 18 years old in cases of harm to minors, seriously affecting the reputation and dignity of minors.

2. The authority and time limit for applying protective measures are implemented in accordance with the provisions of the Criminal Procedure Code 2015.

3. The procedures and formalities for applying protective measures are implemented in accordance with the provisions of Articles 487, 488, and 489 of the Criminal Procedure Code 2015 and the following provisions:

a) When receiving information about a protection request or considering it necessary to apply protective measures, the authorized investigating agency must promptly collect necessary documents, check the authenticity of the source of information, the basis for the fact or potential harm to the protected person, the actual level of danger threatening the protected person, determine the scope and targets needing protection; propose protective measures to ensure safety for the protected person and the investigative activities, prosecution, and trial. If it is considered unnecessary to apply protective measures, it must explain to the agencies or individuals making the request and guide alternative methods.

b) In urgent situations requiring immediate prevention of threats to the life, health, and property of the protected person, the authorized investigating agency must immediately apply necessary protective measures such as dispatching security forces to the residence, workplace, or school of the protected person or temporarily relocating the protected person to a safe place.

c) Before deciding to apply protective measures, if it is deemed necessary to mobilize many resources and methods for protection or in complex cases or organized crime, transnational crime, or particularly serious crimes, the head or deputy head of the authorized investigating agency in the People's Public Security must report and seek opinions from the Director of the Provincial or Central City Public Security (if at the provincial level) or the leadership of the Ministry (if at the Ministry of Public Security).

d) The agency issuing the decision to apply protective measures must develop a protection plan; establish, manage, store, and utilize the protection file in accordance with the law.

đ) During the implementation of protective measures, if new protection requirements arise necessitating additional resources and personnel for protection, the agency deciding on the application of protective measures must issue a supplementary decision to apply protective measures. This decision is sent to responsible units for protection implementation and simultaneously notified to the protected person.

4. When the basis for applying protective measures no longer exists, the person issuing the decision to apply protective measures must issue a decision in writing to terminate the application of protective measures and notify relevant agencies, units, and individuals.

Chapter III

IMPLEMENTING PROVISIONS

Article 24. Effectiveness of the Circular

1. This Circular takes effect from June 8, 2021.

2. The authorized persons conducting proceedings in the People's Public Security, based on actual conditions, may apply the relevant provisions of this Circular when handling criminal cases involving individuals under 18 years old who are informers, reporters of crimes, witnesses, or accused persons.

Article 25. Responsibilities for Implementation

1. Heads of units under the Ministry, Directors of Provincial Police Departments, and Municipal Police Departments directly under the Central Government shall be responsible for organizing the implementation and ensuring that all contents of this Circular are fully understood by their officers and soldiers.

2. The Criminal Investigation Bureau shall take the lead and coordinate with the Training Bureau, the Legal System and Administrative Reform Bureau to develop training programs and materials for authorized persons conducting proceedings in the People's Public Security regarding the work of receiving and handling reports of crimes, requests for prosecution initiation, and initiating and investigating criminal cases involving individuals under 18 years old.

3. The Office of the Criminal Investigation Department of the Ministry of Public Security, the Criminal Investigation Bureau, and the National Security Investigation Bureau of the Ministry of Public Security shall be responsible for coordinating with related units to monitor and inspect the implementation of this Circular.

During the implementation of this Circular, if there are any difficulties, local police units shall report to the Ministry (through the Legal System and Administrative Reform Bureau, the Office of the Criminal Investigation Department of the Ministry of Public Security, the Criminal Investigation Bureau, and the National Security Investigation Bureau of the Ministry of Public Security) for timely guidance./.