What are regulations on management activities of suspended cases and matters in Vietnam?

What are regulations on management activities of suspended cases and matters in Vietnam?

In Article 3 of Joint Circular 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNN&PTNT-BTC-BTP, there are regulations on management activities of suspended cases and matters as follows:

Management of suspended cases and matters include the following activities:

1. Prepare documents, deliver and receive documents, store, preserve and add documents to suspended cases and matters files;

2. Check, report and make statistics on the situation and results of handling and resolving suspended cases and matters.

What are principles of coordination in managing and resolving suspended cases and matters in Vietnam? 

In Article 4 of Joint Circular 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNN&PTNT-BTC-BTP, there are regulations on the principles of coordination in managing and resolving suspended cases and matters as follows:

1. Ensure compliance with the functions and tasks of each agency according to the provisions of law.

2. Implement regularly, ensuring cases and matters are resolved quickly, promptly, and in accordance with the law.

3. Ensure state secrets and work secrets according to the provisions of law and regulations of each industry.

What are regulations on management activities of suspended cases and matters in Vietnam? (Image from the Internet)

What are regulations on management and resolution of suspended cases in coordination of management and resolution of suspended cases and matters in Vietnam?

In Article 5 of Joint Circular 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNN&PTNT-BTC-BTP there are regulations on management and resolution of suspended cases in coordination of management and resolution of suspended cases and matters are as follows:

1. Investigating agencies, agencies assigned to conduct a number of investigative activities (hereinafter referred to as competent investigating agencies), and the Procuracy shall temporarily suspend and restore the settlement of denunciation, information about crimes, recommendations for prosecution according to the grounds, authority, order and procedures specified in Articles 147, 148 and 149 of the Criminal Procedure Code, Article 9 and Article 11 of the Circular Joint No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Ministry of Agriculture and Rural Development, Procuracy of Murder The Supreme People's Court regulates coordination between competent agencies in implementing a number of provisions of the 2015 Criminal Procedure Code on receiving and resolving denunciations, crime reports, and petitions for initiation of criminal proceedings. 

2. When there is one of the grounds for temporarily suspending the resolution of the case as prescribed in Clause 1, Article 148 of the Criminal Procedure Code, at least 05 days before the expiration of the time limit for resolving denunciations and crime reports, recommending prosecution, Investigators, Investigation Officers and Procurators coordinate to review documents and evidence, ensuring that the temporary suspension of case resolution is well-founded and in accordance with the provisions of law; Coordination in reviewing and evaluating documents and evidence between Investigators, Investigation Officers, and Procurators must be recorded in writing and kept in case files and inspection files. In case of disagreement, the Investigator and Investigation Officer shall coordinate with the Procurator to report to the leader of the agency with investigative authority and the Procuracy to hold a meeting or discuss in writing to resolve the issues. 

3. The decision to suspend the resolution of the case is made according to the form prescribed by the Minister of Public Security and the Director of the Supreme People's Procuracy.

4. The agency with investigative authority and the Procuracy are responsible for assigning focal points to monitor and manage records of suspended cases; Periodically (monthly, every 06 months, 01 year) coordinate to review suspended cases to urge recovery and resolution when there is no longer a reason for suspension.

5. When the case is suspended, the competent investigating agency and the Procuracy will only apply measures to resolve the reason for suspension.

For suspended cases where the statute of limitations for criminal prosecution has expired, the agency competent to investigate shall discuss in writing with the Procuracy before deciding not to prosecute the criminal case. Determining the statute of limitations for criminal prosecution in this case is based on the content of the denunciation, information about the crime, and the proposal to prosecute the type of crime according to the article in the Penal Code that has been approved by the agencies. Competent authorities conduct inspection, verification and clarification proceedings; In case any clause of the law cannot be clarified, determination of the statute of limitations is based on the penalty framework in the basic composition of that law.

6. For denunciations, information about crimes, and recommendations for prosecution that have been suspended before the 2015 Criminal Procedure Code takes effect, the competent investigating agency shall proactively discuss, agree in writing with the Procuracy to review, classify and handle as follows:

a) For cases where the statute of limitations for criminal prosecution has expired, a decision will be made not to prosecute criminal cases;

b) For cases that are still under the statute of limitations for criminal prosecution, they will be resolved according to the provisions of the 2015 Criminal Procedure Code on handling denunciations, crime reports, and recommendations for prosecution.

Best regards!