Joint Circular No. 01/2025/TTLT-BCA-BQP-BTP-BNN&PTNT-BTC-VKSNDTC-TANDTC dated January 15, 2025 on cooperation in juridical assessment in criminal procedure

MINISTRY OF PUBLIC SECURITY – MINISTRY OF NATIONAL DEFENSE – MINISTRY OF JUSTICE – MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT – MINISTRY OF FINANCE - THE SUPREME PEOPLE'S PROCURACY OF VIETNAM - THE SUPREME PEOPLE'S COURT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No. 01/2025/TTLT-BCA-BQP-BTP-BNN&PTNT-BTC-VKSNDTC-TANDTC	Hanoi, January 15, 2025

 

JOINT CIRCULAR

COOPERATION IN JURIDICAL ASSESSMENT IN CRIMINAL PROCEDURE

Pursuant to the Criminal Procedure Code No. 101/2015/QH13 dated November 27, 2015; the Law No. 02/2021/QH15 on amendments to the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Law on Juridical Expertise No. 13/2012/QH13 dated June 20, 2012; the Law No. 56/2020/QH14 on amendments to the Law on Juridical Expertise dated June 10, 2020;

Pursuant to the Law on Promulgation of Legislative Documents No. 80/2015/QH13 dated June 22, 2015; the Law No. 63/2020/QH14 on amendments to some articles of the Law on Promulgation of Legislative Documents dated June 18, 2020;

The Minister of Public Security, the Minister of National Defense, the Minister of Justice, the Minister of Agriculture and Rural Development, the Minister of Finance, the Prosecutor General of the Supreme People's Procuracy, Chief Justice of the Supreme People's Court unanimously promulgate a Joint Circular on cooperation in juridical assessment in criminal procedure.

Article 1. Scope

1. This Joint Circular provides for communication, methods, procedures and responsibilities for cooperation between competent procedural authorities and persons and judicial assessors and judicial assessment service providers, and other relevant authorities, organizations and individuals in solicitation for judicial assessment, judicial assessment, evaluation, and use of judicial assessment conclusions for criminal procedure.

2. The cooperation in judicial assessment regarding corruption and economy-related lawsuits and cases shall comply with the Joint Circular No. 01/2017/TTLT-VKSNDTC-TANDTC-BCA-BTP dated December 13, 2017 of the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security and the Ministry of Justice and regulations in this Joint Circular which are not contrary to the Joint Circular No. 01/2017/TTLT-VKSNDTC-TANDTC-BCA-BTP.

Article 2. Regulated entities

1. Competent procedural authorities and persons;

2. Judicial assessors and judicial assessment service providers;

3. Other relevant authorities, organizations and individuals.

Article 3. Cooperation principles

1. The cooperation in judicial assessment shall stick to the principles specified in the Article 3 of the Law on Juridical Expertise; the cooperation in solicitation for judicial assessment, evaluation and use of judicial assessment conclusions shall be objective, scientific, accurate and conformable to regulations of law.

2. The cooperation process shall not obstruct, prolong and affect the accuracy, objectivity and punctuality of the settlement of lawsuits and cases.

3. Rights and obligations of each authority/organization/individual to cooperation in judicial assessment in criminal procedure shall be exercised and fulfilled in a full, prompt and effective manner.

4. Communication and cooperation shall be proactive, prompt, accountable and effective, conformable to regulations of law and consistent with the assigned functions and duties.

5. State and work secrets shall be kept confidential in accordance with regulations of law.

Article 4. Methods for communication and cooperation

1. Directly conferring, sending physical and electronic documents, organizing meetings and cooperating in interdisciplinary inspection.

2. Giving information and data on solicitation for judicial assessment, judicial assessment, evaluation and use of judicial assessment conclusions and providing other information and documents related to judicial assessment in criminal procedure.

3.   In case of any difficulty or obstacle or at the request of a judicial assessor or judicial assessment service provider, a competent procedural authority or person that has solicited judicial assessment shall be responsible for settlement, or preside over or cooperate with relevant authorities/organizations/individuals in settlement.

Article 5. Consideration of decision on solicitation for judicial assessment in case of necessity

1. A competent procedural authority or person shall, according to evidence and documents that have been collected and regulations of law on lawsuit/case-related issues to be proven identify cases where the solicitation for judicial assessment is required.

2. Judicial assessment, if deemed necessary, shall only be solicited when the collected evidence and documents have not yet clearly confirmed and indicated issues to be proven, and expert conclusions on related issues are required for consideration and evaluation in order to review evidence or decide further criminal proceedings.

3. If the collected evidence and documents are adequate to clarify issues to be proven, the solicitation for judicial assessment is not required.  When additional information on professional standards is required for review and evaluation of evidence and documents that have been collected, the competent procedural authority or person shall confer, directly or in writing, or organize a meeting with a judicial assessor or judicial assessment service provider.

Within 05 working days from the date of receipt of a written request, the judicial assessor or judicial assessment service provider shall reply in writing, and cooperate in provision of expert information for the competent procedural authority or person.

4. If it is necessary to solicit judicial assessment for settlement of the corruption/economy-related lawsuit/case, the solicitation for judicial assessment shall comply with regulations in the Joint Circular No. 01/2017/TTLT-VKSNDTC-TANDTC-BCA-BTP.

Article 6. Cooperation in solicitation for judicial assessment

1. Responsibility of a competent procedural authority or person:

a) Collect subjects of the assessment, information, documents, items and specimens related to subjects and contents to be assessed, and provide them for a solicited judicial assessor or judicial assessment service provider;

b) Depending on the nature and contents of the case, and the necessity of assessment, anticipate contents to be assessed in conformity with functions, duties and powers of the solicited judicial assessor or judicial assessment service provider.

The competent procedural authority or person only asks questions about judicial assessment and shall not request the solicited judicial assessor or judicial assessment service provider to respond to questions falling within the remit of the competent procedural authority or person. Such questions shall be specific, obvious and consistent with subjects, information, documents, items and specimens of the assessment.

In case where contents to be assessed relate to many fields and fall within the remit of multiple organizations, such contents shall be identified according to clause 5 Article 25 of the Law on Juridical Expertise;

c) Select a judicial assessor or judicial assessment service provider that meets qualification requirements or necessary conditions in the field or major to be assessed in order to issue a decision to solicit judicial assessment according to contents to be assessed and regulations of law on judicial assessment;

d) Do not select judicial assessors or judicial assessment service providers specified in Article 34 of the Law on Juridical Expertise.

In case there is any ground to believe that a judicial assessor or judicial assessment service provider is related to the lawsuit or case in which the judicial assessment is required, potentially resulting in judicial assessment which is not impartial and objective, the competent procedural authority or person shall not solicit such judicial assessor or judicial assessment service provider, unless there is no other option;

dd) Regarding lawsuits/cases within the settlement jurisdiction of a central competent procedural authority or person, the judicial assessment shall be solicited from a judicial assessor or judicial assessment service provider affiliated to a Ministry, ministerial authority or Governmental authority or a local judicial assessor or judicial assessment service provider.

Regarding lawsuits/cases within the settlement jurisdiction of a competent procedural authority or person of a province or district, the judicial assessment shall be solicited from a judicial assessor or judicial assessment service provider of the province, managed by the provincial People's Committee, a judicial assessor or judicial assessment service provider affiliated to a central authority located in the province or a judicial assessor or judicial assessment service provider affiliated to a Ministry, ministerial authority or Governmental authority in case the judicial assessor or judicial assessment service provider affiliated to the Ministry, ministerial authority or Governmental authority agrees to accept the judicial assessment solicitation; the judicial assessor or judicial assessment service provider of the province, managed by the provincial People's Committee, the judicial assessor or judicial assessment service provider affiliated to the central authority located in the province refuses judicial assessment since he/she/it does not meet qualification requirements or necessary conditions for assessment; in the case specified in point d of this clause.

The solicitation for judicial assessment in the fields of banking and money shall comply with Article 11 of the Circular No. 14/2020/TT-NHNN dated November 16, 2020 of the State Bank of Vietnam;

e) Determine the time limit for judicial assessment according to regulations in Article 208 of the Criminal Procedure Code and Article 26a of the Law on Juridical Expertise;

g) Before issuance of the decision on solicitation for judicial assessment, if necessary, confer, directly or in writing, or organize a meeting with an individual/organization expected to be solicited for judicial assessment and other relevant authorities and units in order to reach an agreement on contents to be assessed, identify main contents to be assessed in the case specified in clause 5 Article 25 of the Law on Juridical Expertise; subjects to be assessed, information, documents, items and specimens to be provided, determine the time limit for assessment; and conclude an agreement on methods for taking samples to serve judicial assessment with regard to subjects of the assessment, information, documents, items and specimens of which quantity is large and which are not regulated by any specialized laws.

h) Issue the decision on solicitation for judicial assessment after implementation of the regulations in points a, b, c, d, dd, e, g of this clause. In case of solicitation for judicial assessment of trauma forensics and sexual assault forensics, the decision on solicitation for judicial assessment shall be issued immediately after receipt of the case.

The decision on solicitation for judicial assessment shall contain all contents specified in clause 2 Article 205 of the Criminal Procedure Code and clause 2 Article 25 of the Law on Judicial Expertise. In case of solicitation for the additional or repeated judicial assessment, the decision on solicitation for judicial assessment shall contain the contents specified in clause 3 Article 25 of the Law on Judicial Expertise.

i) Use forms related to the solicitation for judicial assessment according to regulations issued by the Minister, the Head of the ministerial authority.  If forms have not yet been issued, regulations in the Circular No. 119/2021/TT-BCA dated December 08, 2021 of the Minister of Public Security shall be complied with.

2. Responsibility of a judicial assessor or judicial assessment service provider:

a) Give information on fields and domains subject to judicial assessment within their functions, duties and capacity and under their conditions as requested by the competent procedural authority or person;

b) Within 05 working days from the date of receipt of the written request from the competent procedural authority or person for unification of the contents specified in point g, clause 1 of this Article, directly confer with the competent procedural authority or person or reply in writing;

c) Receive the decision on solicitation for judicial assessment, files and subjects to be assessed, documents, items and specimens according to regulations of law, except for the case where the judicial assessment is refused;

d) In case where the contents of judicial expertise relate to many fields and fall within the remit of multiple organizations, make judicial assessment according to regulations in clause 5 Article 25 of the Law on Judicial Expertise;

dd) In case of solicitation for documentary assessment, confer with, and reach an agreement with the competent procedural authority or person to prepare necessary conditions for assessment;

e) Refuse the judicial assessment in the cases specified in clause 2 Article 11, point b clause 1 Article 24 and Article 34 of the Law on Judicial Expertise.

3. The decision on solicitation for judicial assessment, files, subjects, documents, items and specimens subject to judicial assessment shall be given and received according to Article 27 of the Law on Judicial Expertise.

In case the subjects of assessment, documents, items, specimens, cannot be moved due to their large quantities, weights or sizes, the competent procedural authority or person and the judicial assessor or judicial assessment service provider shall reach an agreement on methods of delivery, receipt and preserve them according to regulations of law to serve the judicial assessment.

Article 7. Cooperation in judicial assessment

1. Responsibility of a competent procedural authority or person;

a) Monitor and urge judicial assessment; request a solicited judicial assessment service provider to assign a judicial assessor;

b) Collect and provide additional information, documents, items and specimens related to contents to be assessed at the request of the solicited judicial assessment service provider or assessor (if any).  In case they cannot be provided, the competent procedural authority or person shall notify in writing the solicited judicial assessment service provider or assessor and clearly state reasons in order to reach an agreement on a plan for assessment;

c) In case a victim refuses the judicial assessment not due to force majeure or objective obstacles, escort the victim according to regulations in Article 127 of the Criminal Procedure Code.

In case it is unable to escort the victim for the judicial assessment in the lawsuit/case of sexual abuse, domestic violence, child abuse, infringement upon traffic safety or injury or damage to the health of others, the judicial assessment shall be carried out at the place where the victim resides or is undergoing treatment. In case the victim's place of residence cannot be identified or the victim has left Vietnam and cannot go back or the judicial assessment cannot be made at the place where the victim is undergoing treatment, the documentary assessment is required (if conditions for documentary assessment are fulfilled according to regulations on assessment procedures issued by the Ministry of Health).

In case of judicial assessment made at the place where the victim resides or is undergoing treatment or documentary assessment, the competent procedural authority shall reach a written agreement with and confer with the judicial assessor or judicial assessment service provider before solicitation for judicial assessment;

d) Confer in writing with, and reach an agreement with the solicited judicial assessor or judicial assessment service provider on completion of the judicial assessment prior to the maximum time limit with regard to each case in accordance with regulations of law or participation in the assessment according to Article 209 of the Criminal Procedure Code without affecting impartiality and objectivity in the judicial assessment in order to promptly meet requirements for settlement of the lawsuit/case;

dd) In case of any difficulty or obstacle required by the judicial assessor or judicial assessment service provider to be resolved/removed, preside over resolution/removal of such difficulty or obstacle.

2. Responsibility of a judicial assessor or judicial assessment service provider:

a) Within 05 working days from the date of receipt of the decision on solicitation for judicial assessment, files, subjects of the assessment, documents, items, specimens, the head of the solicited judicial assessment service provider shall assign judicial assessors whose professional qualifications and skills are relevant to the contents of the judicial assessment; send a list of judicial assessors who are assigned to carry out the judicial assessment and act as contact persons to the authority soliciting judicial assessment;

b) Request the competent procedural authority or person to provide additional information, documents, items and specimens related to the contents to be assessed in order to ensure that assessment conclusions are accurate and objective;

c) Notify the competent procedural authority or person in case of any change in judicial assessor or new issue, difficulty or obstacle;

d) Comply with regulations in clause 5 Article 26a of the Law on Judicial Expertise in case the judicial assessment cannot be completed within the time limit specified in the decision on solicitation for judicial assessment;

dd) Reach agreement on determination of the duration for completion of the judicial assessment prior to the time limit as requested by the competent procedural authority or person;

e) Judicial assessors shall participate in sessions of interrogation, extraction of statements and inquiry of matters related to the subjects of assessment according to regulations in point c clause 2 Article 68 of the Criminal Procedure Code.  Such participation shall not affect professional operations conducted the competent procedural authority or person;

g) Issue assessment conclusions according to regulations in Article 32 of the Law on Judicial Expertise and specialized laws.  Each assessment conclusion’s contents shall be specific, clear, obvious, full, focused and clearly state professional opinions on contents solicited to be assessed. In case it is necessary to cite legal bases, the judicial assessor or judicial assessment service provider shall cite titles of articles, clauses or points, but not cite the entire document that is applicable;

h) Use forms according to regulations issued by the Minister or the Head of ministerial authority on forms and classification of the file by each assessment work and archiving of judicial assessment files in the domains under their respective management. If the Minister or the Head of ministerial authority has not yet issued regulations on forms, the forms specified in the Circular No. 119/2021/TT-BCA shall be used.

Article 8. Cooperation in evaluation and use of judicial assessment conclusions

1. Responsibility of a competent procedural authority or person;

a) The evaluation and use of judicial assessment conclusions shall be legal, objective, scientific, accurate, uniform and consistent with other documents and evidence in the lawsuit/case;

b) If any assessment conclusion is unclear, the competent procedural authority or person shall request a judicial assessor or judicial assessment service provider to provide clear explanation. If necessary, a meeting with the judicial assessor or judicial assessment service provider, professional experts or representatives of relevant authorities may be organized to verify the assessment conclusion;

c) If in the lawsuit/case, there are different conclusions regarding the same content, the competent procedural authority or person shall consider evaluating and using such assessment conclusions according to the criteria: professional qualifications and skills of the assessor, assessment methods and procedures; equipment and dedicated means for the judicial assessment; independence and objectivity of the assessment;

dd) Every year, the competent procedural authority or person shall notify in writing the judicial assessor or judicial assessment service provider of results of the evaluation and use of the assessment conclusions.

2. Responsibility of a judicial assessor or judicial assessment service provider:

a) Within 10 days from the date of receipt of a written request for explanation for and verification of the assessment conclusions from the competent procedural authority or person, the judicial assessor or judicial assessment service provider shall reply in writing.  If such deadline cannot be met, a written explanation shall be provided;

b) The judicial assessor or judicial assessment service provider shall request the competent procedural authority or person to provide results of the evaluation and use of the assessment conclusions in order to make necessary changes and improve effectiveness.

3. The competent procedural authority or person that has solicited for the judicial assessment and the judicial assessor or judicial assessment service provider shall reach an agreement on delivery and receipt of the assessment conclusions, the files and subjects of the assessment, documents, items and specimens enclosed with the decision on  solicitation after completion of the judicial assessment.

Article 9. Entry into force

1. This Joint Circular enters into force from March 01, 2025.

2. If any legislative document referred to this Joint Circular is amended or replaced, the new documents will prevail.

Article 10. Organization of implementation

1. Ministries, central authorities, ministerial authorities, and Governmental authorities, within their functions and duties, are responsible for organizing the implementation of this Joint Circular; assigning focal points to receive and exchange information on judicial assessment in criminal procedure and notifying in writing competent procedural authorities for cooperation in implementation.

2. Authorities signing the Joint Circular shall consistently assign central focal points to advise the implementation and preliminary and final review of the implementation of this Joint Circular. Such central focal points include the Office of the Police Investigation Agency affiliated to the Ministry of Public Security; Department of Legal Affairs affiliated to the Ministry of National Defense; Bureau of Judicial Affairs Support affiliated to the Ministry of Justice; Legislation Department affiliated to the Ministry of Agriculture and Rural Development; Department of Legal Affairs affiliated to the Ministry of Finance; Department of Legal Affairs and Scientific Management affiliated to the Supreme People's Procuracy; Department of Legal Affairs and Science Management affiliated to the Supreme People's Court.

3. Every year, the Ministry of Public Security shall preside over and cooperate with the Ministry of National Defense, the Ministry of Justice, the Ministry of Agriculture and Rural Development, the Ministry of Finance, the Supreme People's Procuracy, the Supreme People's Court and relevant authorities in developing plans for and conducting inspections of compliance with laws on solicitation, evaluation and use of assessment conclusions by central and local competent procedural authorities; the Ministry of Justice shall preside over and cooperate with the Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, the Ministry of Finance, the Supreme People's Procuracy, the Supreme People's Court and relevant authorities in developing plans for and conducting inspections of acceptance and implementation of judicial assessment by other ministries, central authorities, and other central and local authorities and organizations.

4. The Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, the Ministry of Finance, the Supreme People's Procuracy and the Supreme People's Court shall direct competent procedural authorities and units under their management to produce statistics and evaluate the solicitation for judicial assessment; evaluate and use assessment conclusions; anticipate the demands for the judicial assessment in legal proceedings and other contents relevant to the judicial assessment on a biannual/annual basis according to regulations of the Law on Judicial Expertise, other relevant laws or on an ad hoc basis as requested by the Ministry of Justice or other competent authorities.

Reports and statistics on judicial assessment prepared by central investigation authorities, Procuracies, Courts and other competent procedural authorities shall be sent to the Ministry of Justice; reports and statistics on judicial assessment prepared by local investigation authorities, Procuracies, Courts and other competent procedural authorities shall be sent to provincial Departments of Justice.

5. Any difficulties, obstacles or adjustments to this Joint Circular during the implementation of this Joint Circular should be promptly reported to the focal points specified in clause 2 of this Article that will advise and send reports to the interdisciplinary leaders for guidance and appropriate adjustments./.

 

PP. MINISTER OF JUSTICE DEPUTY MINISTER Mai Luong Khoi	PP. MINISTER OF NATIONAL DEFENSE DEPUTY MINISTER Senior Lieutenant General Vo Minh Luong	PP. MINISTER OF PUBLIC SECURITY DEPUTY MINISTER Lieutenant General Nguyen Van Long
PP. PROSECUTOR GENERAL OF SUPREME PEOPLE'S PROCURACY DEPUTY PROSECUTOR GENERAL Ho Duc Anh	PP. MINISTER OF FINANCE DEPUTY MINISTER Le Tan Can	PP. MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT DEPUTY MINISTER Nguyen Hoang Hiep
		PP. CHIEF JUSTICE OF THE SUPREME PEOPLE'S COURT DEPUTY CHIEF JUSTICE Nguyen Van Tien