Circular No. 46/2019/TT-BCA stipulates 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 urgent situations, persons arrested in cases of immediate crime detection or pursuant to arrest warrants, persons under temporary detention, and suspects; protecting the rights and legitimate interests of victims, parties, accused persons reported, and persons recommended for prosecution.

CIRCULAR

Regarding 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, the persons arrested in cases of immediate crime detection arrest warrants persons under temporary detention, defendants; protecting the rights and legitimate interests of victims, send a text message Article 2. Effectiveness of enforcement parties, persons reported, persons recommended for prosecution, The Minister of Public Security issues this Circular stipulating 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 in cases of immediate crime detection or pursuant to arrest warrants (hereinafter referred to collectively as arrested persons), persons under temporary detention, defendants; protecting the rights and legitimate interests of victims, parties, persons reported, persons recommended for prosecution; ensuring the implementation of the rights of defenders, those protecting rights and legitimate interests. Ensuring the right to defense for arrested persons, persons under temporary detention, defendants as prescribed by the Legal Aid Law shall be carried out in accordance with Joint Circular No. 10/2018/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC dated June 29, 2018 of the Ministry of Justice, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Supreme People's Procuracy, and the Supreme People's Court guiding the application of certain provisions on legal aid in litigation activities. This Circular applies to Investigative Agencies, Heads, Deputy Heads, Investigators, Investigative Officers of Investigative Agencies of the People's Public Security; Agencies of the People's Public Security assigned tasks to conduct certain investigative activities, Heads, Deputy Heads, Investigative Officers of Agencies of the People's Public Security assigned tasks to conduct certain investigative activities; Heads, Deputy Heads, officers in charge of detention facilities in the People's Public Security; persons detained in emergency situations, arrested persons, persons under temporary detention, defendants; victims, parties, persons reported, persons recommended for prosecution; organizations and individuals related to defense activities, protection of rights and legitimate interests.

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

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

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

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

RESPONSIBILITIES IN IMPLEMENTING PROCEDURES AND FORMALITIES protecting the rights and legitimate interests of victims, send a text message REGISTRATION, REFUSAL, CANCELLATION OF DEFENSE REGISTRATION, OF PERSONS DETAINED IN EMERGENCY SITUATIONS,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

ARRESTED PERSONS, PERSONS UNDER TEMPORARY DETENTION, DEFENDANTS

Article 3. Explanation and notification of the right to request a defender

Article 2. Applicability

When receiving an arrested person, delivering the Order to detain a person in an emergency situation to a person detained in an emergency situation, the Decision on temporary detention to a person under temporary detention, the Decision to initiate criminal proceedings against a defendant, the person executing the order or decision must read and clearly explain their rights and obligations according to the Criminal Procedure Code 2015 and record it in the handover document. In the document, it must clearly state the opinion of the person detained in an emergency situation, the arrested person, the person under temporary detention, the defendant regarding whether they wish to request a defender and propose to notify the representative or close relative so that the competent authority can implement relevant provisions of the Criminal Procedure Code 2015 concerning the representative or close relative of the person. The exercise of the right to request a defender is as follows:

Chapter II

1. For arrested persons, persons under temporary detention, defendants who are temporarily detained a) In the case where an arrested person, person under temporary detention, defendant who is temporarily detained has a request for a defender, the Investigative Agency, the detention facility managing the arrested person, person under temporary detention, defendant who is temporarily detained shall implement according to Clause 2, Article 75 of the Criminal Procedure Code 2015. The detention facility has the responsibility to notify the agency handling the case. The transfer of the request for a defender from the agency managing the arrested person, person under temporary detention, defendant who is temporarily detained shall be sent directly to the agency's office or sent through postal service. If sent directly to the agency's office managing the arrested person, person under temporary detention, defendant who is temporarily detained, there must be a signature receipt in the Register of Handover Documents and Materials. b) In the case where an arrested person, person under temporary detention, defendant who is temporarily detained has not yet requested a defender, during the first time taking statements from the arrested person, person under temporary detention, the first time interrogating the defendant, the Investigator or Investigative Officer must clearly ask the arrested person, person under temporary detention, defendant whether they wish to request a defender and record their opinions in the statement. If they request a defender, the Investigator or Investigative Officer will guide them to write a request for a defender and implement according to point a, Clause 1 of this Article. If they do not request a defender, within 12 hours after taking statements from the arrested person, person under temporary detention, or 24 hours after the first interrogation of the defendant, the Investigator, Investigative Officer who took statements, interrogated have the responsibility to notify the representative or close relative of the arrested person, person under temporary detention, defendant who is temporarily detained.

2. For persons detained in emergency situations

When receiving a person who has been arrested, the Order to detain a person in urgent circumstances shall be handed over to the person detained in urgent circumstances, the Decision on temporary detention shall be handed over to the person temporarily detained, and the Indictment Decision shall be handed over to the accused. The person executing the order or decision and receiving the arrested person must read aloud and clearly explain their rights and obligations according to the Criminal Procedure Code 2015, and record this in the handover log. In the log, it must be clearly noted the opinion of the person detained in urgent circumstances, the arrested person, the person temporarily detained, and the accused regarding whether they wish to seek legal representation and request notification to their representatives or close relatives for the competent authority to implement relevant provisions of the Criminal Procedure Code 2015 concerning their representatives or close relatives. The exercise of the right to seek legal representation is as follows:

1. For arrested persons, temporarily detained persons, and accused persons currently under custody

a) If the arrested person, temporarily detained person, or accused person currently under custody submits a request for legal representation, the Investigative Agency or custodial facility managing the arrested person, temporarily detained person, or accused person under custody shall implement according to Clause 2, Article 75 of the Criminal Procedure Code 2015. The custodial facility is responsible for notifying the agency handling the case.

The transfer of the request for legal representation from the agency managing the arrested person, temporarily detained person, or accused person under custody may be directly delivered at the agency's office or sent via postal service. If it is directly delivered at the agency's office managing the arrested person, temporarily detained person, or accused person under custody, there must be a signature acknowledgment in the Logbook for Delivery and Receipt of Official Documents and Materials.

b) If the arrested person, temporarily detained person, or accused person under custody has not yet requested legal representation, during the first time taking statements from the arrested person or temporarily detained person, or the first interrogation of the accused, the Investigator or Investigative Officer must clearly ask if they wish to seek legal representation and record their opinions in the statement. If they request legal representation, the Investigator or Investigative Officer will guide them in writing a request for legal representation and implement according to Point a, Clause 1 of this provision. If they do not seek legal representation, within 12 hours after taking statements from the arrested person or temporarily detained person, or 24 hours after the first interrogation of the accused, the Investigator or Investigative Officer who took the statements or conducted the interrogation is responsible for notifying the representative or close relative of the arrested person, temporarily detained person, or accused person under custody.

2. For persons detained in urgent circumstances

a) In case the person held under emergency circumstances requests a defense counsel, within twelve hours from receiving such request, the agency receiving the request shall be responsible for transferring the request to the defense counsel, representative, or close relative of the person held under emergency circumstances. If the person held under emergency circumstances does not specify the name of the defense counsel, the agency receiving the request must transfer it to the representative or close relative so that these individuals may seek a defense counsel. The transfer of the request shall be carried out through postal service or directly at the office of the agency managing the person held under emergency circumstances if the defense counsel, representative, or close relative wishes to receive it directly at the agency's office and sign for receipt in the Register of Delivery and Receipt of Official Documents and Materials.

The transfer of the request may be conducted concurrently with notifying the representative or close relative. During the process of transferring the request, if the person held under emergency circumstances is subject to temporary detention measures, the procedures for registering the defense counsel continue without having to conduct registration procedures for the temporarily detained person.

b) In case the person held under emergency circumstances does not request a defense counsel, within twelve hours from completing the handover record of the Emergency Detention Order, the agency managing the person held under emergency circumstances shall notify the representative or close relative of the person held under emergency circumstances. If the person held under emergency circumstances is subject to temporary detention, the provisions of Clause 1 of this Article shall apply.

3. In cases where it is necessary to keep secret the investigation concerning offenses against national security, the Prosecutor General has the authority to decide to allow the defense counsel to participate in the proceedings from the end of the investigation. Investigators or Investigation Officers must inform the person held under emergency circumstances, the arrested person, the temporarily detained person, and the accused of the Prosecutor General's decision.

Article 4. Acceptance and Processing of Requests for Defense Counsel from Representatives or Close Relatives of Persons Held Under Emergency Circumstances, Arrested Persons, Temporarily Detained Persons, and Accused Persons Being Temporarily Imprisoned

1. The investigating agency handling the case, the Temporary Detention House, and the Detention Center managing persons held under emergency circumstances, arrested persons, temporarily detained persons, and accused persons being temporarily imprisoned have the responsibility to accept requests for defense counsel from representatives or close relatives of persons held under emergency circumstances, arrested persons, temporarily detained persons, and accused persons being temporarily imprisoned, accompanied by proof of their relationship with the persons held under emergency circumstances, arrested persons, temporarily detained persons, and accused persons being temporarily imprisoned. The acceptance of the request shall be carried out at the place where the Criminal Duty Office of the Investigating Agency or the Duty Office of the Temporary Detention House or Detention Center is located. Immediately upon receiving the request for a defense counsel from the representative or close relative of the person held under emergency circumstances, the arrested person, the temporarily detained person, and the accused person being temporarily imprisoned, the Investigating Agency, Temporary Detention House, and Detention Center have the responsibility to stamp the document received, clearly note the time, date, month, and year of receipt, and must immediately notify the person held under emergency circumstances, the arrested person, the temporarily detained person, and the accused person being temporarily imprisoned so they can express their opinion on seeking a defense counsel.

2. After receiving the notification about seeking a defense counsel, if the person held under emergency circumstances, the arrested person, the temporarily detained person, and the accused person being temporarily imprisoned agree to seek a defense counsel, the provisions of Article 3 of this Circular shall be implemented. If they refuse to seek a defense counsel, the agency managing the person held under emergency circumstances, the arrested person, the temporarily detained person, and the accused person being temporarily imprisoned shall prepare a record of refusal and handle it as follows:

a) For persons held under emergency circumstances and arrested persons currently at the Investigating Agency's premises

Within twelve hours from preparing the record, the Investigating Agency shall be responsible for notifying the defense counsel sought by the representative or close relative of the person held under emergency circumstances and the arrested person, and the Investigator or Investigation Officer shall coordinate with the defense counsel regarding the meeting time to directly meet the person held under emergency circumstances and the arrested person, confirm the refusal, and prepare a record. If the person held under emergency circumstances and the arrested person have been decided to be temporarily detained by the competent authority, the Investigator or Investigation Officer still must notify and coordinate with the defense counsel regarding the meeting time to meet the person held under emergency circumstances and the arrested person who have been decided to be temporarily detained.

b) For temporarily detained persons and accused persons being temporarily imprisoned

Within twenty-four hours from preparing the record, the Investigating Agency, Temporary Detention House, and Detention Center shall be responsible for notifying the defense counsel, representative, or close relative of the temporarily detained person and accused person being temporarily imprisoned, and the Investigating Agency handling the case (in case the Temporary Detention House or Detention Center prepares the record). The Investigator or Investigation Officer shall coordinate with the defense counsel regarding the meeting time to directly meet the temporarily detained person and accused person being temporarily imprisoned, confirm the refusal, and prepare a record.

If the temporarily detained person is charged as an accused and has a detention order from the competent authority, the Investigator or Investigation Officer still must coordinate with the defense counsel regarding the meeting time to meet the temporarily detained person who has been ordered to be detained.

If the temporarily detained person is charged as an accused but is not subject to detention measures, the implementation of the right to defense shall be carried out according to the provisions of Clause 3 of Article 3 of this Circular.

If the temporarily detained person is released, if they still have the status to participate in the proceedings and have the right to seek a defense counsel, the procedures for registering the defense counsel shall continue; if they do not have the right to seek a defense counsel, the procedures for registering the defense counsel shall be suspended.

Article 5. Implementation of procedures for appointing defense counsel

For persons falling under the provisions of Article 76 of the Criminal Procedure Code 2015 or their representatives or close relatives who request the appointment of a defense counsel, the Investigative Agency, Detention Center, or Remand Center shall implement the provisions set forth in Articles 3 and 4 of this Circular. If such persons, their representatives, or close relatives do not submit a request for a defense counsel, the following shall be implemented:

1. Within three days from the date of receipt of the notification from the competent authority, if the representative or close relative of the person falling under Article 76(1) of the Criminal Procedure Code 2015 does not submit a request for a defense counsel, the agency handling the case shall be responsible for implementing the procedures for appointing a defense counsel as stipulated in Article 76(2) of the Criminal Procedure Code 2015.

2. Upon receiving the document assigning a person as provided for in points a and b of Article 78(3) of the Criminal Procedure Code 2015, within no more than 24 hours, the Investigator or Investigative Officer shall be responsible for meeting with the defendant falling under point a of Article 76(1) of the Criminal Procedure Code 2015, or the representative or close relative of the person falling under point b of Article 76(2) of the Criminal Procedure Code 2015 to obtain their opinion on the appointment of a defense counsel; the meeting must be recorded in a protocol and clearly state the opinion of the defendant, representative, or close relative regarding whether they agree, change, or refuse the appointed defense counsel. In the event of agreement on the appointment of a defense counsel, the agency handling the case shall use this as a basis to proceed with the registration of defense procedures.

3. In the case of changing the defense counsel, if the defendant, representative, or close relative specifies the defense counsel, the agency handling the case shall be responsible for requesting or proposing the relevant organization of the specified defense counsel to assign them; if no specific defense counsel is named, the agency handling the case shall be responsible for sending to one of the organizations specified in points a and b of Article 78(3) of the Criminal Procedure Code 2015 to reassign a person.

4. In the case of refusing the assigned defense counsel, the agency handling the case shall be responsible for notifying the organization that assigned the person and the person assigned. The Investigator or Investigative Officer shall be responsible for coordinating with the assigned person regarding the time to meet with the defendant falling under point a of Article 76(1) of the Criminal Procedure Code 2015, or the representative or close relative of the person falling under point b of Article 76(2) of the Criminal Procedure Code 2015 to confirm the refusal.

Article 6. Acceptance and Implementation of Defense Registration Procedures

1. The criminal duty officer of the Investigative Agency or the criminal duty officer of each investigative unit (in cases where there is no centralized criminal duty system) shall be responsible for accepting the defense registration dossier. Upon receipt of the defense registration dossier, if the Investigative Agency has a centralized criminal duty system, the criminal duty officer shall be responsible for recording the time, date, month, and year of receipt in the criminal duty logbook, immediately transferring it to the unit handling the case for stamping and immediate delivery to the Investigator assigned to handle the case. In cases where the investigative unit has its own criminal duty system, the criminal duty officer shall be responsible for stamping the document received, recording the time, date, month, and year of receipt, and immediately transferring it to the Investigator assigned to handle the case.

The investigator is responsible for receiving and examining the file. In cases where the file meets the requirements stipulated in Clause 2, Article 78 of the Criminal Procedure Code 2015, the investigator shall be responsible for submitting to the Head or Deputy Head of the Investigation Agency (when assigned or authorized by the Head) to sign the Notification on registration of defense and enter it into the defense registration book. In cases where the defense registration file does not meet the requirements stipulated in Clause 2, Article 78 of the Criminal Procedure Code 2015, the investigator or investigation officer shall notify the person registering the defense to supplement the file.

In cases where the defense counsel registers for representation for individuals who have been decided by the Prosecutor General of the Prosecution Service to participate in proceedings from the end of the investigation, the investigator or investigation officer shall notify the person registering the defense.

2. The time limit for handling the defense registration procedure shall be carried out in accordance with the provisions of Clause 4, Article 78 of the Criminal Procedure Code 2015.

3. The agency currently handling the case shall be responsible for refusing the registration of defense when it falls within one of the cases prescribed in Clause 5, Article 78 of the Criminal Procedure Code 2015 and canceling the registration of defense in accordance with the provisions of Clause 7, Article 78 of the Criminal Procedure Code 2015.

Within twenty-four hours from the time there is a basis for refusal or from the time the registration of defense is canceled, the agency currently handling the case shall be responsible for notifying in writing and stating the reasons for the refusal or cancellation of the registration of defense to the defense counsel and the detention facility.

In cases where the agency currently handling the case cancels the notification of the defense counsel, it must notify the management organization of the defense counsel in writing and state the reasons for the cancellation.

Chapter III

RESPONSIBILITIES IN THE REGISTRATION, REFUSAL, AND CANCELLATION OF THE REGISTRATION OF DEFENSE FOR LEGAL RIGHTS AND INTERESTS OF THE VICTIM, PARTY TO THE PROCEEDINGS, PERSON ACCUSED, PERSON SUBJECT TO A PETITION FOR PROSECUTION REGISTRATION OF DEFENSE FOR LEGAL RIGHTS AND INTERESTS OF THE VICTIM, PARTY TO THE PROCEEDINGS, PERSON ACCUSED, PERSON SUBJECT TO A PETITION FOR PROSECUTION SUSPECTED PERSON, ACCUSED PERSON, PERSON REPORTED FOR PROSECUTION

Article 7. Time point for the participation in proceedings of persons defending the legal rights and interests of victims, parties to the proceedings, accused persons, persons subject to a petition for prosecution

1. The time point for the participation in proceedings of persons defending the legal rights and interests of victims, accused persons, persons subject to a petition for prosecution is from the date of the Decision assigning the handling of reports of criminal offenses and petitions for prosecution and having grounds to determine the capacity to participate in proceedings of victims, accused persons, persons subject to a petition for prosecution.

2. The time point for the participation in proceedings of persons defending the legal rights and interests of civil plaintiffs, civil defendants, and persons with rights and obligations related to criminal cases is from the date of the decision to initiate a criminal case and having grounds to determine the capacity to participate in proceedings of civil plaintiffs, civil defendants, and persons with rights and obligations related to criminal cases.

Article 8. Explanation of the right to seek representation for the legal rights and interests of victims, parties to the proceedings, accused persons, persons subject to a petition for prosecution

On the first occasion of taking statements from victims, parties to the proceedings, accused persons, persons subject to a petition for prosecution, the investigator or investigation officer must explain the rights and obligations of victims, parties to the proceedings, accused persons, persons subject to a petition for prosecution according to the Criminal Procedure Code 2015 and ask them whether they wish to seek representation for their legal rights and interests, and record their opinions in the transcript. If they wish to seek representation for their legal rights and interests, the investigator or investigation officer shall guide them in writing a request for representation. If they do not wish to seek representation for their legal rights and interests, the investigator or investigation officer shall explain the right to self-representation throughout the course of the proceedings.

Article 9. Procedures for registering to protect the legitimate rights and interests of victims, parties involved, persons accused, and persons recommended for prosecution

1. When registering to protect the legitimate rights and interests, the person protecting the legitimate rights and interests of victims, parties involved, persons accused, and persons recommended for prosecution must present the following documents:

a) Lawyers must present their Lawyer Card along with a certified copy and a letter requesting the lawyer to protect the legitimate rights and interests of victims, parties involved, persons accused, and persons recommended for prosecution;

b) Public defenders must present their Identity Card or Citizen Identification Card along with a certified copy and a document appointing them as public defenders from the Vietnam Fatherland Front Committee and its member organizations;

c) Representatives of victims, parties involved, persons accused, and persons recommended for prosecution must present their Identity Card or Citizen Identification Card along with a certified copy and a document confirmed by the competent authority regarding their relationship with the victims, parties involved, persons accused, and persons recommended for prosecution.

2. The criminal duty officer of the Investigative Agency or the criminal duty officer of each investigative unit (in cases where there is no centralized criminal duty office), and the criminal duty officers of agencies assigned to carry out certain investigative activities have the responsibility to receive registration files for protecting legitimate rights and interests. Upon receiving the registration file, if the Investigative Agency has a centralized criminal duty office, the duty officer must record the time, date, month, and year of receipt in the Criminal Duty Logbook, immediately transfer the file to the unit handling the case or incident for stamping and immediate delivery to the Investigator assigned to handle the case or incident. For units with separate criminal duty offices and agencies assigned to carry out certain investigative activities, the duty officer must stamp the file, record the time, date, month, and year of receipt, and immediately transfer it to the Investigator or Investigative Officer assigned to handle the case or incident.

Investigators and Investigative Officers are responsible for receiving and reviewing the files. If the file meets the requirements set forth in Clause 1 of this Article, within no more than 24 hours from the time of receipt, the Investigators and Investigative Officers must submit the file to the Head or Deputy Head of the Investigative Agency (when delegated or authorized by the Head), the Head or Deputy Head of the agency assigned to carry out certain investigative activities for signing the Notification on the Registration to Protect Legitimate Rights and Interests and entering it into the Register of Protection of Legitimate Rights and Interests. If the registration file does not meet the requirements set forth in Clause 1 of this Article, the Investigators and Investigative Officers must notify the person registering to protect the legitimate rights and interests to supplement the file.

In cases where there are grounds to refuse the registration to protect the legitimate rights and interests of victims, parties involved, persons accused, and persons recommended for prosecution, the agency handling the case or incident must notify in writing and clearly state the reasons for refusal to the person protecting the legitimate rights and interests of victims, parties involved, persons accused, and persons recommended for prosecution.

Article 10. Amendment, cancellation of registration for protecting the legitimate rights and interests of the victim, party involved, person accused, and person recommended for prosecution

1. The notification document on the person protecting the legitimate rights and interests of the victim and party involved shall be valid throughout the entire litigation process, except in cases where the victim or party involved requests to change the person protecting their legitimate rights and interests.

The notification document on the person protecting the legitimate rights and interests of the accused person and the person recommended for prosecution shall be valid during the handling of accusations, reports about criminal offenses, and recommendations for prosecution, except in cases where the accused person or the person recommended for prosecution requests to change the person protecting their legitimate rights and interests. In cases where the accused person or the person recommended for prosecution has been changed in their capacity to participate in litigation by the competent authority through a written document, if they fall within the category eligible to seek legal representation, the competent authority must proceed with the procedures for registering legal representation as stipulated in Chapter II of this Circular.

The registration for protecting the legitimate rights and interests in cases of changing the person protecting the legitimate rights and interests of the victim, party involved, accused person, and person recommended for prosecution shall be carried out according to the provisions of Article 9 of this Circular.

2. The agency currently handling the case shall cancel the registration for protecting the legitimate rights and interests when the person protecting the legitimate rights and interests of the victim, party involved, accused person, and person recommended for prosecution violates the law while conducting protection of the legitimate rights and interests of these parties.

Within twenty-four hours from the time of cancellation of the registration for protecting the legitimate rights and interests, the agency currently handling the case shall have the responsibility to notify in writing, clearly stating the reasons for cancellation, to the person protecting the legitimate rights and interests and the person who has requested such protection.

Chapter IV

RESPONSIBILITIES IN IMPLEMENTING CERTAIN ACTIVITIES OF LEGAL REPRESENTATIVE, PERSON PROTECTING LEGITIMATE RIGHTS AND INTERESTS

Article 11. Ensuring the presence of the legal representative and person protecting legitimate rights and interests when conducting litigation activities

1. The agency currently handling the case must inform in advance about the time and place of litigation proceedings that the legal representative and person protecting the legitimate rights and interests of the victim, party involved, accused person, and person recommended for prosecution have the right to participate at least twenty-four hours in advance for cases where the legal representative and person protecting the legitimate rights and interests reside in the same province or centrally governed city as the agency currently handling the case, and forty-eight hours in advance for cases where the legal representative and person protecting the legitimate rights and interests reside in a different province or centrally governed city from the agency currently handling the case, before the day of the litigation activity. If the legal representative and person protecting the legitimate rights and interests agree to an earlier deadline with the Investigator or Investigation Officer, the litigation activities shall be conducted according to that agreement.

2. In cases where the legal representative has been informed in advance by the agency currently handling the case but is not present, the litigation activity shall still proceed, except in cases stipulated in Article 291 of the Criminal Procedure Code 2015.

In cases where the person protecting the legitimate rights and interests of the victim, party involved, accused person, and person recommended for prosecution has been informed in advance but is not present, the litigation activity shall still proceed.

3. When taking statements from persons held in emergency situations, arrested persons, temporarily detained persons, and interrogating suspects, Investigators and Investigation Officers and the legal representative must comply with the provisions of point b, Clause 1, Article 73 of the Criminal Procedure Code 2015, internal regulations of detention centers, temporary detention facilities, and other relevant laws. If the legal representative is found to be violating the law, the Investigators and Investigation Officers must immediately stop taking statements and interrogations, record this in a report, and report it to the Head or Deputy Head of the Investigation Agency for handling. If the Investigators or Investigation Officers violate the law, the legal representative has the right to report the violation to the Head or Deputy Head of the Investigation Agency.

When taking statements from persons held in emergency situations, arrested persons, temporarily detained persons, and interrogating suspects, if the Investigator agrees to allow the legal representative to ask questions, the questions of the legal representative and the answers of the persons held in emergency situations, arrested persons, temporarily detained persons, and suspects must be recorded in the statement-taking record and interrogation record. Upon completion of the statement-taking and interrogation, the Investigator and Investigation Officer must read aloud or provide the legal representative with a copy of the statement-taking record and interrogation record. After confirming the accuracy of the questions of the legal representative and the answers of the persons held in emergency situations, arrested persons, temporarily detained persons, and suspects, the Investigator and Investigation Officer shall request the legal representative to sign the record. If the record does not fully or accurately reflect the questions and answers, the legal representative has the right to request amendments, supplements, or to note their comments before signing the record.

4. When taking statements from the accused person, the person against whom prosecution has been proposed, Investigators, Investigating Officers, and the representative of the rights and legitimate interests of the accused person, the person against whom prosecution has been proposed must comply with the provisions of point c, clause 3, Article 83 of the Criminal Procedure Code 2015. If the Investigator or Investigating Officer agrees to allow the representative of the rights and legitimate interests of the accused person, the person against whom prosecution has been proposed to ask questions, they must record the questions of the representative of the rights and legitimate interests, and the responses of the accused person, the person against whom prosecution has been proposed in the statement-taking record. Upon completion of the statement-taking process, the Investigator or Investigating Officer must read aloud or provide the defense counsel to read again the statement-taking record, after confirming that the content of the questions of the representative of the rights and legitimate interests of the accused person, the person against whom prosecution has been proposed, and the responses of the accused person, the person against whom prosecution has been proposed are correct, the Investigator or Investigating Officer shall request the representative of the rights and legitimate interests of the accused person, the person against whom prosecution has been proposed to sign the record. In case the record does not fully or accurately reflect the content of the questions and answers, the representative of the rights and legitimate interests of the accused person, the person against whom prosecution has been proposed has the right to request amendments or supplements or to note their comments before signing the record.

5. When the defense counsel requests, the Investigator must confirm the actual working time of the defense counsel participating in the criminal proceedings during the investigation process.

Article 12. Organizing for the defense counsel to meet with persons held in emergency situations, arrested persons, persons under temporary detention, and suspects under temporary detention.

1. When the defense counsel requests to meet with persons held in emergency situations, arrested persons and presents the notification of the defense counsel and the Lawyer's Card, Identity Card, or Citizen Identification Card, the agency handling the case must arrange for the defense counsel to meet with persons held in emergency situations, arrested persons at its premises, inform the defense counsel of the regulations of the Investigative Agency's premises, and require the defense counsel to strictly comply with them.

When the defense counsel requests to meet with persons under temporary detention, suspects under temporary detention, the agency managing persons under temporary detention, suspects under temporary detention shall implement according to the provisions of Article 80 of the Criminal Procedure Code 2015. The agency managing persons under temporary detention, suspects under temporary detention has the responsibility to notify the agency handling the case of the meeting of the defense counsel so that it may dispatch personnel to cooperate with the detention facility to supervise the meeting if deemed necessary.

2. The organization for the defense counsel to meet with persons under temporary detention, persons under temporary detention shall be carried out according to the provisions of Article 10 of Circular Joint Circular No. 01/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC dated January 23, 2018, issued by the Minister of Public Security, the Minister of National Defense, the President of the Supreme People's Court, and the Prosecutor General on the relationship of coordination between detention facilities and agencies authorized to conduct criminal proceedings and public prosecutors authorized to supervise the management and enforcement of temporary detention.

3. The defense counsel may notify in advance the meeting with persons held in emergency situations, arrested persons, persons under temporary detention, suspects under temporary detention to the Investigator or Investigating Officer handling the case. The meeting of the defense counsel with persons under temporary detention, suspects under temporary detention shall be conducted during the working hours of the detention facility. The investigative agency, detention facility shall not limit the number of times and duration of each meeting of the defense counsel with persons under temporary detention, suspects under temporary detention. The defense counsel must comply with the provisions of the Criminal Procedure Code 2015, the Law on Enforcement of Temporary Detention 2015, guiding documents, and internal regulations of the detention facility.

Article 13. Implementation of requests to change the person conducting litigation, the expert, the asset appraiser, the interpreter, or the translator made by the defense counsel, the representative of the victim's rights and legitimate interests, or the interested party.

1. When the defense counsel, the representative of the victim's rights and legitimate interests, or the interested party submits a written request to change the authorized person conducting litigation, the agency handling the case shall accept the document for resolution. If there is evidence falling under one of the cases stipulated in Article 49 or Clause 1 of Article 51 of the Criminal Procedure Code 2015, it shall be implemented according to the provisions of Article 4 of the Joint Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP dated October 19, 2018 issued by the Prosecutor General of the Supreme People's Procuracy, the Minister of Public Security, and the Minister of National Defense on cooperation between the Investigation Agency and the Procuracy in implementing certain provisions of the Criminal Procedure Code 2015.

In the case where the request to change the Investigator does not have legal grounds, the agency handling the case shall refuse the change of the Investigator and notify the defense counsel, the representative of the victim's rights and legitimate interests, or the interested party in writing, stating the reasons for refusal.

2. When the defense counsel, the representative of the victim's rights and legitimate interests, or the interested party submits a written request to change the expert, the asset appraiser, the interpreter, or the translator, the agency handling the case shall accept the document for resolution. If there is evidence falling under one of the cases stipulated in Clause 5 of Article 68, Clause 5 of Article 69, or Clause 4 of Article 70 of the Criminal Procedure Code 2015, the agency handling the case shall decide to change the expert, the asset appraiser, the interpreter, or the translator and notify the defense counsel. In the case where the request does not have legal grounds, the Investigation Agency shall refuse the change of the expert or the interpreter and notify the defense counsel, the representative of the victim's rights and legitimate interests, or the interested party in writing, stating the reasons for refusal.

Article 14. Implementation of requests to change or revoke preventive measures or coercive measures by the defense counsel.

When the defense counsel submits a written request to change or revoke preventive measures or coercive measures, the agency handling the case shall accept the document for resolution. Within ten working days from the date of receipt, if there is evidence falling under one of the cases stipulated in Article 125 or Article 130 of the Criminal Procedure Code 2015, the agency handling the case shall issue a decision to change or revoke preventive measures or coercive measures within its authority or proceed with necessary procedures to send to the Procuracy for decision regarding preventive measures approved by the Procuracy. If the request to change or revoke preventive measures or coercive measures does not have legal grounds, the agency handling the case shall refuse the change or revocation of preventive measures or coercive measures and notify the defense counsel in writing, stating the reasons for refusal.

Article 15. Responsibility to ensure the implementation of the right to collect and present evidence, documents, and objects.

The defense counsel collects and presents evidence, documents, and objects related to the defense, the representative of the victim's rights and legitimate interests, or the interested party, the accused person, or the person proposed for prosecution presents evidence, documents, and objects and hands them over to the agency handling the case, then the Investigator or the Investigation Officer must prepare a record of handover and inclusion in the case file. In the event that the defense counsel collects documents, objects, or circumstances related to the defense involving state secrets, work secrets, or disclosing investigation secrets, depending on the nature and severity of the violation, the agency handling the case must remind, and if the violation is serious, take appropriate measures within its authority or report to the competent authority for handling according to the law.

In the case where the defense counsel, the representative of the victim's rights and legitimate interests, or the interested party, the accused person, or the person proposed for prosecution makes a request, if the request is relevant to the defense or the resolution of the case, the Investigator or the Investigation Officer shall prepare a record noting the request of the defense counsel, the representative of the victim's rights and legitimate interests, or the interested party, the accused person, or the person proposed for prosecution.

Article 16. Responsibility for Ensuring the Right to Read, Write, Copy, and Photocopy Documents in Case Files

Clause 1. Within two days from the date of issuing the investigation conclusion, the Investigative Agency must send the investigation conclusion proposing prosecution or the decision to terminate the investigation to the suspect and the defense counsel.

Clause 2. After completing the investigation, if the defense counsel requests to read, write, copy, and photocopy documents related to the defense in the case file under the management of the Investigative Agency, the Investigative Agency must facilitate such request. The investigator arranges for the defense counsel to read, write, copy, and photocopy documents at the office within the Investigative Agency's premises. During this process, the investigator and the investigative officer must closely supervise. The photocopying of documents shall be carried out by the defense counsel. After reading, writing, copying, and photocopying the documents, the defense counsel must return the case file in its original condition to the agency that provided it. If any loss, misplacement, or damage occurs to the documents or case file, they will be dealt with according to the law depending on the nature and severity of the violation.

The reading, writing, or photocopying of documents related to the defense in the case file must be recorded in a protocol, and the documents handed over to the defense counsel must be accompanied by a list of the documents.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Methods of Sending and Notifying

The sending or notifying of documents stipulated in this Circular shall be carried out through the following methods:

Point 1. Direct delivery or via postal service.

Point 2. Notification through mass media.

Point 3. Notification may also be made through communication services (telephone, fax, etc.) or popular social network applications agreed upon by the investigator, investigative officer, and the defense counsel, the representative of the victim's rights and legitimate interests, the party involved, the person accused, or the person recommended for prosecution.

Article 18. Forms

This Circular hereby promulgates the following forms:

Point 1. Notice of protection of rights and legitimate interests.

Point 2. Register of protection of rights and legitimate interests.

Article 19. Funding Assurance

Costs for sending and notifying by written means, and costs for photocopying documents in the case file stipulated in this Circular by investigative agencies shall be covered from the investigation budget; costs for sending and notifying by written means stipulated in this Circular by temporary detention centers and pretrial detention facilities shall be covered from their regular budgets.

Management and utilization of funds for these activities shall be carried out in accordance with the law.

Article 20. Effectiveness of the Circular

This Circular takes effect from December 2, 2019.

This Circular replaces Circular No. 70/2011/TT-BCA dated October 10, 2011, issued by the Minister of Public Security detailing the implementation of provisions of the Criminal Procedure Code of 2003 relating to ensuring the right to defense during the investigation phase of criminal cases.

Article 21. Responsibility for implementation organization

Clause 1. Heads of units directly under the Ministry, Provincial Police Chiefs, and Chief of Police of centrally governed cities are responsible for organizing the implementation and fully disseminating the contents of this Circular to investigators, investigative officers, and personnel engaged in custody work.

Clause 2. The Investigation Security Bureau of the Ministry of Public Security and the Office of the Criminal Police Department of the Ministry of Public Security are responsible for coordinating with relevant units to monitor, inspect, and guide the implementation of this Circular. In the course of implementing this Circular, if there are any difficulties, local police units shall report to the Ministry (through the Legal Reform and Administrative Reform Bureau, Investigation Security Bureau of the Ministry of Public Security, and the Office of the Criminal Police Department of the Ministry of Public Security) for timely guidance./.