Joint Circular No. 02/2025/TTLT-BCA-VKSNDTC-TANDTC stipulates on the coordination among competent authorities in criminal proceedings; management, enforcement of temporary detention, pre-trial detention, and criminal execution when there is no County Police.

JOINT CIRCULAR

REGULATIONS ON COOPERATION AMONG AUTHORITIES WITH JURISDICTION IN CRIMINAL PROCEDURAL ACTIVITY, MANAGEMENT, TEMPORARY DETENTION, ARREST AND ENFORCEMENT OF CRIMINAL SENTENCES WHEN NO COUNTY PUBLIC SECURITY ORGANIZATION IS ESTABLISHED

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

The Minister of Public Security, the Procurator General of the Supreme People's Procuracy, and the President of the Supreme People's Court issue this Joint Circular to regulate cooperation among authorities with jurisdiction in criminal procedural activities, management, temporary detention, arrest, prosecution, trial; management, enforcement of temporary detention, arrest, and enforcement of criminal sentences when no county public security organization is established.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Joint Circular regulates cooperation among authorities with jurisdiction in receiving and handling information on crimes, initiating investigations, investigating, prosecuting, and trying cases; managing, enforcing temporary detention, arrest, and enforcement of criminal sentences when no county-level public security organization is established, including counties, districts, towns, and cities under provincial or centrally-administered city jurisdiction (hereinafter referred to collectively as county level).

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Criminal Investigation Agencies, agencies managing and enforcing temporary detention and pre-trial custody, and agencies managing and enforcing criminal sentences of the People's Public Security.

b) People's Procuracy;

c) People's Courts;

d) Authorities with jurisdiction stipulated in points a, b and c of this Clause;

đ) Other agencies, organizations, individuals related to the matter;

Article 2. Application of Law

1. The process of receiving and handling information on crimes, initiating investigations, and conducting investigations by the Criminal Police Department of the People's Public Security; the exercise of prosecution rights, supervision of the receipt and handling of information on crimes, initiation of investigations, prosecution, and trials for cases and cases when no county-level public security organization is established shall be carried out according to the provisions of this Joint Circular and the provisions of other regulatory legal documents issued before the effective date of this Joint Circular, provided that they do not conflict with the provisions of this Joint Circular.

2. Management, enforcement of temporary detention, arrest, and criminal sentence enforcement, and supervision of enforcement of temporary detention, arrest, and criminal sentence enforcement when no county-level public security organization is established shall be carried out according to the provisions of this Joint Circular and the provisions of other regulatory legal documents issued before the effective date of this Joint Circular, provided that they do not conflict with the provisions of this Joint Circular.

Article 3. Transmission of Criminal Procedure Documents, Documents in Temporary Detention, Arrest Enforcement, and Criminal Sentence Enforcement

Authorities issuing orders, decisions, notifications, judgments, and other documents in criminal proceedings, enforcement of temporary detention, arrest, and criminal sentence enforcement must send them to the authority with the power and responsibility to enforce them according to the provisions of this Joint Circular and the provisions of other regulatory legal documents issued before the effective date of this Joint Circular, provided that they do not conflict with the provisions of this Joint Circular.

Chapter II

COOPERATION IN RECEIVING AND HANDLING INFORMATION ON CRIMES, INITIATING INVESTIGATIONS, INVESTIGATING, AND RESOLVING COMPLAINTS AND ACCUSATIONS

Article 4. Organization of the Investigation Agency of the People's Public Security

The Investigation Agency of the People's Public Security includes:

1. The Investigation Agency of the Ministry of Public Security.

2. Provincial-level Public Security Criminal Investigation Departments (hereinafter referred to collectively as provincial level).

Article 5. Competence to accept, handle information on criminal offenses, initiate and investigate criminal cases of the Criminal Police Department of the People's Public Security

1. The authority to receive and handle information about crimes, initiate prosecutions, and conduct investigations into criminal cases by the Criminal Investigation Agency of the Ministry of Public Security shall be implemented in accordance with current laws.

2. The authority to receive and handle information on crimes, initiate investigations, and investigate criminal cases by the Provincial-level Public Security Criminal Investigation Department is as follows:

a) Conducting the receipt and handling of information on crimes, initiating investigations, and investigating criminal cases involving offenses specified in Chapters XIV to XXIV of the Penal Code when such offenses fall within the jurisdiction of the County-level People's Court for adjudication, except for offenses within the jurisdiction of investigation by the Investigative Agency of the Supreme People's Procuracy and the National Security Investigation Department of the People's Public Security.

b) Conducting the receipt and handling of information on crimes, initiating investigations, and investigating criminal cases involving offenses specified in point a, Clause 2 of this Article occurring across multiple counties, districts, towns, and cities under provincial or centrally-administered city jurisdiction, organized crime, or involving foreign elements.

c) Conducting the receipt and handling of information on crimes, initiating investigations, and investigating criminal cases involving offenses specified in point a, Clause 2 of this Article when such offenses fall within the jurisdiction of the Provincial-level People's Court for adjudication.

3. The Provincial-level Public Security Criminal Investigation Department shall take the lead and cooperate with the County-level People's Procuracy to guide and inspect the implementation of preliminary verification and investigation activities related to reports and information on crimes by the Village-level Public Security, Police Station.

Article 6. Competence to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases; handle and supervise the handling of complaints and reports in the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases.

1. The competence of the People's Procuracy to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases; handle and supervise the handling of complaints and reports in the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases with respect to the Criminal Police Investigation Department under the Ministry of Public Security shall be implemented in accordance with current laws.

2. The competence of the People's Procuracy to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases; handle and supervise the handling of complaints and reports in the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases with respect to the Criminal Police Investigation Department under the provincial Public Security Department shall be carried out as follows:

a) The People's Procuracy at the district level has the competence to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases; handle and supervise the handling of complaints and reports in the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases with respect to the Criminal Police Investigation Department under the provincial Public Security Department when accepting and handling cases and incidents specified in points a and b, Clause 2, Article 5 of this Circular. During the exercise of public prosecution rights and supervision of case handling, if discovering cases and incidents within the competence of the People's Procuracy at the provincial level, the People's Procuracy at the district level shall report to transfer the cases and incidents to the People's Procuracy at the provincial level for the exercise of public prosecution rights and supervision according to their authority, while notifying the Criminal Police Investigation Department under the provincial Public Security Department.

The People's Procuracy at the district level has the competence to exercise public prosecution rights, supervise the receipt, inspection, preliminary verification of accusations, reports on criminal offenses, self-surrender of offenders by the police at the commune level, police stations, and activities performed by investigators and investigation officers under the Criminal Police Investigation Department under the provincial Public Security Department stationed at the commune police, police stations.

The competent People's Procuracy at the district level is the People's Procuracy where the crime occurred; in cases where the crime occurred in multiple places or the location of the crime cannot be determined, the competent People's Procuracy at the district level is the People's Procuracy where the crime was discovered, where the suspect resides, or where the suspect was apprehended.

b) The People's Procuracy at the provincial level has the competence to exercise public prosecution rights, supervise the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases; handle and supervise the handling of complaints and reports in the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases with respect to the Criminal Police Investigation Department under the provincial Public Security Department when accepting and handling cases and incidents specified in point c, Clause 2, Article 5 of this Circular.

In cases where it deems necessary, the People's Procuracy at the provincial level may withdraw cases and incidents specified in point b, Clause 2, Article 5 of this Circular to directly exercise public prosecution rights and supervision of case handling.

c) In cases where the People's Procuracy at the provincial level exercises public prosecution rights and supervises the initiation and investigation of cases and incidents handled by the Criminal Police Investigation Department under the provincial Public Security Department as specified in point b, Clause 2, Article 5 of this Circular, the People's Procuracy at the provincial level decides on prosecution. At least two months before the end of the investigation, the People's Procuracy at the provincial level shall notify the People's Procuracy at the district level where the court with jurisdiction over the trial is located to appoint a Prosecutor to participate in reviewing the case file. Immediately after issuing the decision to prosecute, the People's Procuracy at the provincial level decides to assign the People's Procuracy at the district level to exercise public prosecution rights and supervise the trial. Upon receiving the case file along with the indictment, the People's Procuracy at the district level shall exercise public prosecution rights and supervise the trial in accordance with regulations.

d) The People's Procuracy currently exercising public prosecution rights and supervising the receipt and handling of information on criminal offenses has the competence to handle information in cases where serious violations of the law by the Criminal Police Investigation Department under the provincial Public Security Department are discovered during inspection and verification activities or there are signs of crimes being overlooked despite requests from the People's Procuracy to address them but they remain uncorrected.

đ) The People's Procuracy currently exercising public prosecution rights and supervising the initiation and investigation of cases has the competence to directly conduct certain investigative activities to review and supplement evidence when approving orders or decisions of the Criminal Police Investigation Department under the provincial Public Security Department or when deciding on prosecution or in cases where there are signs of wrongful, mistaken, or overlooked crimes, violations of the law that have not been corrected despite requests from the People's Procuracy.

e) The People's Procuracy currently exercising public prosecution rights and supervising the receipt and handling of information on criminal offenses, initiation and investigation of criminal cases with respect to cases and incidents has the competence to handle and supervise the handling of complaints and reports against the Criminal Police Investigation Department under the provincial Public Security Department in the acceptance and handling of information on criminal offenses, initiation and investigation of criminal cases.

Chapter III

COOPERATION IN THE ENFORCEMENT OF TEMPORARY DETENTION, TEMPORARY IMPRISONMENT, AND CRIMINAL SENTENCES

Article 7. Organizations managing agencies and agencies executing temporary detention and pre-trial custody of the People's Public Security

1. Agencies managing temporary detention and temporary imprisonment include:

a) The agency managing temporary detention and temporary imprisonment of the Ministry of Public Security;

b) The agency managing temporary detention and temporary imprisonment of the provincial public security.

2. Agencies enforcing temporary detention and temporary imprisonment include:

a) Detention centers under the Ministry of Public Security;

b) Detention facilities of the provincial public security including: detention centers; sub-detention centers within detention centers.

3. Detention facilities have Heads and Deputy Heads. The Head of the detention facility includes the Warden of the temporary detention center and the Chief of the division. The Deputy Head of the detention facility includes the Deputy Warden of the temporary detention center and the Deputy Chief of the division.

Article 8. Tasks and powers of managing agencies and agencies executing temporary detention and pre-trial custody of the People's Public Security

1. The tasks and powers of managing agencies and agencies executing temporary detention and pre-trial custody under the Ministry of Public Security shall be implemented in accordance with current laws.

2. The duties and powers of detention facilities, heads, and deputy heads of detention facilities of the provincial public security:

a) The detention facility implements the tasks and powers prescribed in Clause 1 and Clause 2, Article 13 of the Law on Enforcement of Temporary Detention and Temporary Imprisonment.

b) The Head and Deputy Head of the detention facility implement the tasks and powers prescribed in Clause 3 and Clause 4, Article 13 of the Law on Enforcement of Temporary Detention and Temporary Imprisonment.

c) The Head of the sub-camp shall be responsible for assisting the Chief of the temporary detention camp according to the division of labor or delegation by the Chief of the temporary detention camp and shall bear responsibility within the scope of the assigned tasks;

d) Sub-detention centers may use the seal of the sub-detention center when performing their duties and powers in management and enforcement of temporary detention and temporary imprisonment.

Article 9. Organizations managing criminal enforcement agencies, criminal enforcement agencies, and agencies assigned certain tasks in criminal enforcement of the People's Public Security

1. The agency managing criminal sentence enforcement of the Ministry of Public Security.

2. Agencies enforcing criminal sentences, including:

a) Prisons under the Ministry of Public Security;

b) Criminal sentence enforcement agencies of the provincial public security.

3. Agencies entrusted with some tasks of criminal sentence enforcement, including:

a) Detention centers under the Ministry of Public Security;

b) Detention centers of the provincial public security; sub-detention centers within detention centers of the provincial public security;

c) Commune People's Committees;

d) Commune-level public security police; Police station (where the commune does not organize a commune-level public security police).

Article 10. Tasks and powers of management agencies, criminal enforcement agencies, and agencies assigned certain tasks in criminal enforcement of the People's Public Security

1. The tasks and powers of managing agencies and agencies executing criminal sentences under the Ministry of Public Security shall be implemented in accordance with current laws.

2. Provincial-level public security criminal enforcement agencies shall perform the tasks and powers prescribed in Article 14; points a and b of Clause 1, Clauses 2, 3, 4, 7, 8, 9, 10, 11, and 12 of Article 16 of the Criminal Enforcement Law.

3. Detention centers and sub-detention centers within detention centers shall carry out tasks and powers in criminal enforcement as stipulated in Article 18 of the Criminal Enforcement Law. Sub-detention centers within detention centers directly manage the number of inmates serving temporary detention at sub-detention centers within detention centers; serve decisions on criminal enforcement to persons sentenced to imprisonment at sub-detention centers within detention centers and report to provincial-level public security criminal enforcement agencies.

4. Commune People's Committees shall perform tasks and powers of educating suspended sentence beneficiaries, persons serving non-custodial corrective punishment, residence prohibition, prohibition from holding positions, prohibition from practicing professions or performing specific jobs, deprivation of some civil rights; educating persons whose sentences are temporarily suspended or deferred, persons conditionally released before term, and persons serving community-based correctional supervision.

In cases where a person serving a sentence dies, the commune People's Committee where the person serving the sentence resides or where the death occurred shall be responsible for coordinating with the agency in charge of managing persons serving sentences to complete the death registration procedures; send copies of the death registration to the competent criminal enforcement agency.

5. Tasks and powers of commune-level public security police in criminal execution:

a) Directly supervise suspended sentence beneficiaries, persons serving non-custodial corrective punishment, residence prohibition, prohibition from holding positions, prohibition from practicing professions or performing specific jobs, deprivation of some civil rights; manage persons whose sentences are temporarily suspended or deferred, persons conditionally released before term; monitor persons serving community-based correctional supervision;

b) Prepare reports and submit them to the criminal sentence enforcement agency of the provincial public security when discovering violations of the law by persons serving sentences in the community;

c) Advise and assist the People's Committee at the commune level in organizing the implementation of the tasks and powers stipulated in Clause 4 of this Article.

6. Police stations shall perform the tasks and powers stipulated in Clause 4, point a and point b of Clause 5 of this Article.

Article 11. Supervisory authority over the enforcement of temporary detention and pre-trial detention and the supervision of criminal sentence enforcement

1. The Supreme People's Procuracy shall exercise supervisory authority over the enforcement of temporary detention and pre-trial detention, and the supervision of criminal sentence enforcement in accordance with current laws.

2. Provincial-level People's Procuracy shall exercise supervisory authority over temporary detention and arrest, supervise criminal enforcement at provincial-level public security detention centers, and handle complaints and reports related to provincial-level public security detention centers according to current laws.

3. County-level People's Procuracy shall exercise supervisory authority over temporary detention and arrest, and supervise criminal enforcement at sub-detention centers within provincial-level public security detention centers, supervise the execution of criminal enforcement by agencies assigned certain tasks in criminal enforcement located in the county area, and handle complaints and reports related to sub-detention centers within provincial-level public security detention centers. When violations are discovered during supervision, they shall require sub-detention centers within provincial-level public security detention centers and agencies assigned certain tasks in criminal enforcement to immediately rectify them, while reporting and recommending to the temporary detention and arrest agencies and provincial-level public security criminal enforcement agencies.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Transitional Provisions

1. County-level Public Security Investigation Departments shall proactively review, tally, compile, finalize lists of case files, cases, evidence, assets under their jurisdiction, management, resolution, and transfer to the Provincial-level Public Security Investigation Department when not organizing a county-level public security department to continue conducting criminal proceedings as prescribed by law, this Circular, and notify the County-level People's Procuracy in writing.

The Provincial-level Public Security Investigation Department shall, when not organizing a county-level public security department to continue conducting criminal proceedings as prescribed by law, this Circular, and notify the County-level People's Procuracy in writing.

2. For cases that are temporarily suspended, when there is a basis for resumption, the Provincial-level Public Security Investigation Department with the authority to decide shall resume and proceed with criminal proceedings as prescribed by law and this Circular.

Article 13. Effective Date

This Circular takes effect from March 1, 2025.

Article 14. Implementation Organization

1. The Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court shall be responsible for implementing and organizing the implementation of this Joint Circular.

2. During the implementation of this Circular, if there are difficulties or issues requiring guidance or supplementation, they shall promptly reflect to the Ministry of Public Security, Supreme People's Procuracy, Supreme People's Court for timely guidance and resolution.

Place of Receipt:
- Standing Committee of the National Assembly;
- Central Steering Committee for Judicial Reform;
- Central Party Office;
- President's Office;
- Government Office;
- National Assembly's Office;
- Central Commission for Party Affairs;
- Committee for Legal Affairs and Justice of the National Assembly;
- Supreme People's Procuracy;
- Supreme People's Court;
- Ministries: Public Security, Defense, Justice, Finance, Agriculture and Environment;
- To be filed: VT (Ministry of Public Security, Supreme People's Procuracy, Supreme People's Court), V03 (P2).