Joint Circular No. 01/2025/TTLT-VKSNDTC-BCA-TANDTC-BQP dated February 26, 2025 on providing detailed regulations and guidance on the implementation of Article 3 of Resolution No. 164/2024/QH15 on the pilot handling of exhibits and property during the investigation, prosecution, and trial of certain criminal cases and matters

THE SUPREME PEOPLE’S PROCURACY - THE MINISTRY OF PUBLIC SECURITY - THE SUPREME PEOPLE’S COURT - THE MINISTRY OF NATIONAL DEFENSE -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No. 01/2025/TTLT-VKSNDTC-BCA-TANDTC-BQP	Hanoi, February 26, 2025

JOINT CIRCULAR

PROVIDING DETAILED REGULATIONS AND GUIDANCE ON THE IMPLEMENTATION OF ARTICLE 3 OF RESOLUTION NO. 164/2024/QH15 OF THE NATIONAL ASSEMBLY ON THE PILOT HANDLING OF EXHIBITS AND PROPERTY DURING THE INVESTIGATION, PROSECUTION, AND TRIAL OF CERTAIN CRIMINAL CASES AND MATTERS

Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law amending and supplementing a number of articles of the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; the Law amending and supplementing a number of articles of the Law on Promulgation of Legislative Documents dated June 18, 2020;

Pursuant to Resolution No. 164/2024/QH15 dated November 28, 2024 of the 15th National Assembly on the pilot handling of exhibits and property during the investigation, prosecution, and trial of certain criminal cases and matters;

The Prosecutor General of the Supreme People’s Procuracy, the Minister of Public Security, the Chief Justice of the Supreme People’s Court, and the Minister of National Defense hereby jointly promulgate this Joint Circular providing detailed regulations and guidance on the implementation of Article 3 of Resolution No. 164/2024/QH15 of the National Assembly on the pilot handling of exhibits and property during the investigation, prosecution, and trial of certain criminal cases and matters.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Joint Circular provides for the grounds, conditions, time limits, procedures, responsibilities of procedural authorities, persons conducting proceedings, participants in proceedings, and other relevant agencies, organizations, and individuals regarding the application of measures to handle exhibits and property under Article 3 of Resolution No. 164/2024/QH15 dated November 28, 2024 of the 15th National Assembly on the pilot handling of exhibits and property during the investigation, prosecution, and trial of certain criminal cases and matters (hereinafter referred to as “Resolution No. 164/2024/QH15”).

Article 2. Regulated entities

1. Procedural authorities handling criminal cases and matters under the supervision and direction of the Central Steering Committee for anti-corruption, wastefulness and negative practices.

2. Persons conducting proceedings of the agencies specified in Clause 1 of this Article.

3. Agencies responsible for the preservation of exhibits within the People’s Public Security, the People’s Army, and civil judgment enforcement agencies.

4. Participants in proceedings.

5. Other relevant agencies, organizations, and individuals.

Article 3. Principles of application

1. Compliance with the provisions of the Criminal Procedure Code, Resolution No. 164/2024/QH15, and other relevant laws and regulations.

2. Ensuring unified coordination and strict adherence to the functions, duties, and powers of each authority as prescribed by law.

3. Ensuring prudence and stringency, with sufficient grounds and conditions, to prevent violations, abuse, and infringement upon human rights and the lawful rights and interests of agencies, organizations, and individuals.

Chapter II

MEASURES FOR HANDLING EXHIBITS AND PROPERTY

Article 4. Return of money to the victim

1. Procedural authorities shall consider and decide on the return of seized, temporarily held, or frozen money to the victim or the victim’s representative as prescribed in Point a Clause 1 Article 3 of Resolution No. 164/2024/QH15 when the following grounds and conditions are fully satisfied:

a) The ownership of the seized, temporarily held, or frozen money has been clearly identified;

b) The identity of the victim, the total loss, and the amount of damage suffered by each victim have been clearly determined;

c) A written request for the return of the damaged amount has been submitted by the victims or their representatives;

d) A written request for the return of the damaged amount has been submitted by the suspect, the defendant, or other owners of the property.

2. The amount of money to be returned to the victims shall be determined as follows:

a) The amount to be considered for return is the total amount of seized, temporarily held, or frozen money minus the estimated court fees, procedural charges, and other priority enforcement obligations in accordance with the law on civil judgment enforcement;

b) If the amount to be returned as determined in Point a of this Clause is equal to or greater than the total damages suffered by the victims, then the entire amount shall be returned to the victims. Any remaining balance (if any) shall be handled in accordance with Article 5 of this Joint Circular;

c) If the amount to be returned as determined in Point a of this Clause is less than the total damages suffered by the victims, each victim shall be compensated proportionally, based on the amount considered for return as per Point a of this Clause relative to the total damage caused by the criminal act;

d) If the seized, temporarily held, or frozen money is in a foreign currency, regional currency, or other internationally accepted currency, the procedural authorities shall request a competent credit institution to perform currency conversion and proceed with payment in Vietnamese dong based on the exchange rate at the time of payment;

dd) If, during the trial stage, the Court determines that the amount previously returned to the victim does not correspond to the actual damage suffered by that victim, the Trial Panel shall render a decision on the matter in the judgment or ruling.

3. The procedures for returning money to the victim shall be carried out as follows:

a) The procedural authority shall collect, examine, and assess evidence and documents to determine the grounds and conditions for returning money to the victim and notify the victim, the suspect, the defendant, or any other person who is the owner of the money so that they may submit a written request. In cases involving multiple victims where direct notification is not feasible, the procedural authority shall make a public notice via mass media in accordance with Article 141 of the Criminal Procedure Code, clearly stating the deadline for submitting a written request for the return of the money;

b) Within 15 working days from the expiration of the deadline as notified, if written requests are received, the procedural authority shall convene a meeting to reach consensus on the decision to return the money to the victim. The meeting must be recorded in minutes and signed by representatives of the participating authorities;

c) Within 05 working days from the date the meeting referred to in Point b of this Clause concludes, if consensus is reached, the competent person as prescribed in Point a Clause 7 Article 3 of Resolution No. 164/2024/QH15 shall issue a decision to return the money to the victim; if consensus is not reached, a written notification clearly stating the reasons shall be sent to the requesting party;

d) The decision to return money to the victim must be recorded in the investigation conclusion, indictment, court judgment, or decision. The decision to return the money to the victim and the written notice on non-application of the measure shall not be included in the case file.

4. Within 05 working days from the date of issuance of the decision on application or written notification on non-application of the measure to return money to the victim, the decision or notification shall be sent or delivered as follows:

a) Sent to the Procuracy, the procedural authorities involved in the meeting; and to the relevant credit institution and State Treasury if the decision is applied;

b) Delivered to the suspect, the defendant, the victim or the victim’s representative, or the lawful owner of the money.

5. Upon receipt of the decision issued by the procedural authority, the State Treasury or credit institution must promptly return the money to the victim or their lawful representative and send the payment documents to the authority that issued the decision for monitoring and case resolution purposes.

Article 5. Deposit of money into a bank pending further handling

1. Where the exhibits or property consist of money that has been seized, temporarily held, or frozen, and there are insufficient grounds or conditions to return it to the victim in accordance with Article 4 of this Joint Circular, the procedural authority shall consider applying the measure of depositing the money into a bank pending further handling under Point b Clause 1 Article 3 of Resolution No. 164/2024/QH15, provided that the owner has been clearly identified and has submitted a written request for such deposit.

2. The time limit for depositing money into a bank pending further handling shall be determined as follows:

a) Based on the written request of the owner, the procedural authority shall decide on the bank to which the money is deposited and the appropriate time limit, in line with the case resolution timeline, ensuring the maximum deposit interest rate at the time of deposit and not hindering the application of the measure to return money to the victim when the conditions under Article 4 of this Joint Circular are met;

b) If the case is transferred to another procedural authority for resolution, and the deposit term has not yet expired, the new authority shall continue to apply the existing term; if the term has expired, the new authority shall notify the owner to submit a new request. Based on the new request, the new authority shall request the authority that issued the original deposit decision to extend the deposit term.

3. The procedures for depositing money into a bank pending further handling shall be carried out in accordance with Clause 3 Article 4 of this Joint Circular.

4. Within 05 working days from the date of issuance of the decision on application or written notification on non-application of the deposit measure, such decision or notification shall be sent or delivered as follows:

a) Sent to the Procuracy, the authorities that participated in the meeting, and to the relevant bank in the case of an applied decision;

b) Delivered to the lawful owner of the money.

5. For money seized, temporarily held directly by the procedural authority, and deposited into a savings account, the bank where the savings account is held shall be responsible for managing the deposited amount and paying interest in accordance with the deposit term specified in Clause 2 of this Article. For money that is being frozen in a bank account, upon receipt of the procedural authority’s decision, the bank shall immediately convert the frozen amount into a fixed-term deposit account and freeze that account.

Article 6. Posting a monetary guarantee to annul the seizure, temporary custody, attachment, or freezing of exhibits and property

1. The procedural authority shall decide to apply the measure of posting a monetary guarantee to annul the seizure, temporary custody, attachment, or freezing of exhibits and property as prescribed in Clause 2 Article 3 of Resolution No. 164/2024/QH15 when the following grounds and conditions are met:

a) It has been clearly determined that the exhibits or property are under the lawful ownership or management of the accused or other relevant organizations or individuals and are not subject to dispute;

b) A written request has been submitted by the accused or other relevant organizations or individuals, requesting the procedural authority to allow them to post a monetary guarantee in order to recover the exhibits or property. The requester must commit to preserving the exhibits or property and refrain from selling, transferring, pledging, mortgaging, swapping, destroying, or intentionally damaging them;

c) An expert conclusion and valuation of the property have been obtained at the request of the procedural authority and are appropriate for the time of handling;

d) The amount of the monetary guarantee is not less than the appraised value of the property or exhibits.

2. The procedures for posting a monetary guarantee shall be carried out as follows:

a) The procedural authority shall collect, examine, and assess evidence and documents to determine the grounds and conditions for applying the measure and notify the accused or other relevant organizations or individuals to submit a written request for posting a monetary guarantee to recover the property.

In cases where there are multiple owners and direct notification is not feasible, the procedural authority shall issue a public notice via mass media in accordance with Article 141 of the Criminal Procedure Code, specifying the deadline for submitting the request;

b) Within 15 working days from the expiration of the deadline, if written requests are received, the procedural authority shall convene a meeting to reach consensus on the application of the monetary guarantee measure. The meeting must be recorded in minutes and signed by representatives of the participating authorities;

c) Within 05 working days from the conclusion of the meeting as prescribed in Point b of this Clause, if consensus is reached, the competent person as defined in Point a Clause 7 Article 3 of Resolution No. 164/2024/QH15 shall issue a decision to apply the measure. If no consensus is reached, the procedural authority shall issue a written notification stating the reasons to the requester;

d) The decision on the application of the monetary guarantee measure must be clearly recorded in the investigation conclusion, indictment, court judgment, or decision. The decision and the written notification of non-application shall be included in the case file.

3. Within 05 working days from the date of issuance of the decision or notification of non-application, the decision or notification must be sent or delivered as follows:

a) Sent to the People’s Procuracy and the authorities that participated in the meeting;

b) Delivered to the accused or other relevant organizations or individuals.

4. Within 05 working days from the date the accused or relevant organizations or individuals have fully deposited the monetary guarantee into the savings account of the procedural authority, the authority shall promptly issue a decision to annul the previously applied seizure, temporary custody, attachment, or freezing measure and carry out the handover of the property to the designated person for use or exploitation. The delivery and receipt of the property between the procedural authority and the recipient must be recorded in minutes in accordance with Article 133 of the Criminal Procedure Code, clearly stating the condition of the property or exhibits.

5. The procedural authority that issued the decision to apply the measure shall coordinate with relevant state management agencies to monitor the property or exhibits after they are handed over to the recipient.

6. The monetary guarantee shall be handled in accordance with Article 4 or Article 5 of this Joint Circular. In the event of annulment of the guarantee measure, the procedural authority shall request the bank to return the deposited amount to the person who made the deposit and re-apply the seizure, temporary custody, attachment, or freezing measure in accordance with the provisions of the Criminal Procedure Code.

Article 7. Sale and transfer of exhibits and assets, and the disposal of proceeds from such sale or transfer

1. The procedural authority shall consider and decide on the application of the measure of selling or transferring exhibits and assets as prescribed in Clause 3 Article 3 of Resolution No. 164/2024/QH15 when the following grounds and conditions are fully met:

a) It has been clearly determined that the exhibits or assets are under the lawful ownership or management of the accused or other relevant organizations or individuals, are not subject to any dispute, and are eligible for sale or transfer in accordance with the law;

b) A written request has been submitted by the accused or other relevant organizations or individuals, requesting permission from the procedural authority to sell or transfer the exhibits or assets; in the case of jointly owned assets, a unanimous request from all co-owners or a request by their lawful representative is required;

c) A conclusion on expert assessment or valuation of the assets has been issued at the request or order of the procedural authority, and such conclusion remains valid at the time of handling.

2. The procedures for the sale and transfer of exhibits and property shall be carried out as follows:

a) The procedural authority shall collect, examine, and assess evidence and documents to determine the grounds and conditions for applying the measure and notify the accused or other relevant organizations or individuals to submit a written request for the sale or transfer of the exhibits and property.

In case there are multiple owners or lawful managers of the property and direct notification cannot be carried out, the procedural authority shall publish a notice in the mass media in accordance with Article 141 of the Criminal Procedure Code, clearly stating the deadline for submitting the written request;

b) Within 15 working days from the expiry of the notice period, if written requests are submitted, the procedural authority shall convene a meeting to reach consensus on the application of the measure to sell or transfer the exhibits and property. The meeting must be recorded in minutes and signed by representatives of the participating authorities;

c) Within 05 working days from the conclusion of the meeting as prescribed in Point b of this Clause, if consensus is reached, the competent person defined in Point a Clause 7 Article 3 of Resolution No. 164/2024/QH15 shall issue a decision to permit the sale or transfer of the exhibits and property through public auction in accordance with the law. In case of co-owners repurchasing the property, the purchase price must not be lower than the appraised value. If consensus is not reached, the procedural authority shall issue a written notice stating the reasons to the requester;

d) The decision to apply the measure to sell or transfer the exhibits and property must be clearly recorded in the investigation conclusion, indictment, court judgment, or decision. The decision and the written notice of non-application shall be included in the case file.

3. Within 05 working days from the date of issuance of the decision to apply or the written notice of non-application of the measure of selling or transferring exhibits or assets, such decision or notice must be sent or delivered as follows:

a) Sent to the People’s Procuracy, authorities that participated in the meeting, and the competent authority or organization in charge of organizing the auction;

b) Delivered to the accused or other relevant organizations or individuals.

4. The agency or organization authorized to conduct auctions shall be responsible for organizing the auction in accordance with the law in cases where public auction is required; the People’s Procuracy at the same level shall be responsible for supervising the auction process.

5. Within 05 working days from the date the buyer or transferee has fully paid the purchase amount into the deposit account of the procedural authority, the authority shall issue a decision to annul the applied measure of seizure, custody, attachment, or freezing, and confirm with the auction organization to carry out the transfer procedures for the exhibits or property.

6. In case the auction has not yet concluded but the case file must be transferred to another procedural authority for settlement, the new authority shall continue applying this measure.

7. The proceeds from the sale or transfer of exhibits and property shall be handled in accordance with Article 4 and Article 5 of this Joint Circular.

Article 8. Assignment of exhibits and property to lawful owners or managers for management, operation, and use

1. The procedural authority shall consider and decide to assign the exhibits and property to the lawful owners or managers for the purpose of management, operation, and use, as prescribed in Clause 4 Article 3 of Resolution No. 164/2024/QH15, when the following conditions are met:

a) The lawful owner or manager of the exhibits and property has been clearly identified;

b) The lawful owner or manager has submitted a written request to the procedural authority for themselves or another eligible organization or individual to be assigned the exhibits and property for management, operation, and use. The written request must include a commitment to preserve the exhibits and property and not to sell, transfer, pledge, mortgage, swap, destroy, or intentionally damage them.

In case the lawful owner or manager is unable to manage, operate, or use the property and no eligible organization or individual can be found, they must submit a written request for the procedural authority to designate an eligible organization or individual to manage, operate, and use the property. The designated organization or individual must provide a written commitment in accordance with this point;

c) An expert conclusion or property valuation has been issued at the request of the procedural authority and is appropriate for the time of handling.

2. The procedures for assigning exhibits and property shall be carried out as follows:

a) The procedural authority shall collect, examine, and assess evidence and documents to determine the grounds and conditions for applying the measure and notify the lawful owner or manager to submit a written request for the assignment of exhibits and property for management, operation, and use.

In case there are multiple lawful owners or managers and it is not possible to notify them directly, the procedural authority shall publish a notice via mass media in accordance with Article 141 of the Criminal Procedure Code, clearly stating the deadline for submitting the written request;

b) Within 15 working days from the expiry of the notice period, if written requests are submitted, the procedural authority shall convene a meeting to reach consensus on the application of the assignment measure. The meeting must be recorded in minutes and signed by representatives of the participating authorities;

c) Within 05 working days from the conclusion of the meeting as prescribed in Point b of this Clause, if consensus is reached, the competent person as prescribed in Point a Clause 7 Article 3 of Resolution No. 164/2024/QH15 shall issue a decision to apply the assignment measure; if no consensus is reached, a written notice stating the reasons shall be sent to the requester;

d) The decision to apply the assignment measure must be clearly recorded in the investigation conclusion, indictment, court judgment, or decision. The decision and the written notice of non-application shall be included in the case file.

3. Within 05 working days from the date of issuance of the decision or written notice of non-application of the assignment measure, such document shall be sent or delivered as follows:

a) Sent to the People’s Procuracy and authorities that participated in the meeting;

b) Delivered to the lawful owner, lawful manager, and other relevant organizations or individuals.

4. The delivery and receipt of the property between the procedural authority and the recipient must be recorded in minutes in accordance with Article 133 of the Criminal Procedure Code, clearly stating the condition of the property or exhibits. The minutes shall be included in the case file.

The designated organization or individual must strictly comply with Point b Clause 4 Article 3 of Resolution No. 164/2024/QH15.

The procedural authority that issued the decision shall coordinate with competent state management authorities to monitor the exhibits and property after assignment; regularly review the grounds and conditions for application, and inspect the actual situation of the management, operation, and use. In cases requiring annulment under Point c and Point dd Clause 7 Article 3 of Resolution No. 164/2024/QH15, the procedural authority shall issue a decision to annul the measure and consider applying seizure, custody, or attachment measures in accordance with criminal procedure law.

Article 9. Suspension of transactions, temporary suspension of registration, and transfer of ownership or use rights of property

1. The suspension of transactions, or the temporary suspension of registration or transfer of ownership or use rights of property shall be applied when the grounds and conditions prescribed in Point a Clause 5 Article 3 of Resolution No. 164/2024/QH15 are met.

The property subject to such suspension may include property of the accused; property registered under the name of an organization or individual on behalf of the accused; or other property related to the case.

2. When the procedural authority determines that there are sufficient grounds and conditions for applying this measure, it shall convene a meeting to reach consensus based on the assessment of collected evidence and documentation. Minutes of the meeting must be prepared and signed by representatives of the participating authorities.

If consensus is reached, the competent person as prescribed in Point a Clause 7 Article 3 of Resolution No. 164/2024/QH15 shall immediately issue a decision to suspend the transaction or temporarily suspend the registration or transfer of ownership or use rights of the property.

3. Within 02 months from the date of issuance of the decision on the suspension of transactions or temporary suspension of registration or transfer of ownership or use rights of property, the procedural authority shall verify and examine the case for handling in accordance with the law. In case of a complicated case or matter that cannot be concluded within such time limit, within 15 days prior to the expiration of the time limit, the authority that issued the decision shall send a written request to the People’s Procuracy for an extension. The Chief Procurator of the People’s Procuracy shall consider and decide on a one-time extension, not exceeding 02 months.

4. Within 05 working days from the date of issuance of the decision, the procedural authority shall send the decision to the competent People’s Procuracy, and deliver it to the lawful owner, manager of the property, or other relevant organizations and individuals.

The decision on suspension of transactions or temporary suspension of registration or transfer of ownership or use rights shall be included in the case file; and clearly stated in the investigation conclusion, indictment, or court judgment or decision.

5. Within the time limit specified in Clause 3 of this Article, if sufficient grounds and conditions exist, the procedural authority shall immediately issue a decision on seizure, custody, attachment, or freezing of such property in accordance with the Criminal Procedure Code. The seized, kept, attached, or frozen property shall be handled in accordance with Articles 4, 5, 6, 7, and 8 of this Joint Circular.

During the period of suspension of transactions or temporary suspension of registration or transfer of ownership or use rights, the procedural authority must regularly review and assess the grounds and necessity of applying the measure; and, if falling under the annulment cases as specified in Points c and dd Clause 7 Article 3 of Resolution No. 164/2024/QH15, must promptly issue a decision on annulment.

Article 10. Responsibilities for coordinating the preparation of reports

1. Annually, the Supreme People’s Procuracy shall issue a written request to the Ministry of Public Security, the Supreme People's Court, and the Ministry of National Defense to submit reports on the implementation of measures for handling exhibits and property under Resolution No. 164/2024/QH15 and this Joint Circular during the handling and resolution of criminal cases, for compilation and submission to the National Assembly.

2. The Supreme People’s Procuracy shall take the lead and coordinate with the Ministry of Public Security, the Supreme People's Court, and the Ministry of National Defense in reviewing and reporting on the results upon conclusion of the implementation of Resolution No. 164/2024/QH15.

Chapter III

IMPLEMENTATION

Article 11. Entry into force

This Joint Circular comes into force as of March 01, 2025.

Article 12. Responsibilities for implementation

1. Within the scope of their functions, duties, and powers, the Supreme People’s Procuracy, the Ministry of Public Security, the Supreme People's Court, and the Ministry of National Defense shall be responsible for organizing the implementation of this Joint Circular.

2. Forms to be used in the handling of exhibits and property are enclosed with this Joint Circular.

3. During the implementation of this Joint Circular, if any difficulties or issues arise that require clarification or supplementation, they shall be promptly reported to the Supreme People’s Procuracy, the Ministry of Public Security, the Supreme People's Court, and the Ministry of National Defense for consideration, guidance, or amendment and supplementation as appropriate./.

PP. MINISTRY OF PUBLIC SECURITY DEPUTY MINISTER Senior Lieutenant General Le Quoc Hung	PP. THE CHIEF PROCURATOR SUPREME PEOPLE’S PROCURACY DEPUTY CHIEF PROCURATOR Ho Duc Anh
PP. THE CHIEF JUSTICE SUPREME PEOPLE’S COURT DEPUTY CHIEF JUSTICE Nguyen Van Tien	PP. MINISTRY OF NATIONAL DEFENSE DEPUTY MINISTER Senior Lieutenant General Vo Minh Luong