Circular 01/2013/ttlt-Btp-Bca-Tandtc-Vksndtc-Bng: Guidelines For Receiving, Transferring, Continued Execution Against The Person Who Is Executive Imprisonment Sentence

Original Language Title: Thông tư liên tịch 01/2013/TTLT-BCA-BTP-BNG-VKSNDTC-TANDTC: Hướng dẫn việc tiếp nhận, chuyển giao, tiếp tục thi hành án đối với người đang chấp hành án phạt tù

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CIRCULAR instructions the reception, transfer, continue execution for Executive imprisonment sentence are _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the correct and uniform application of the provisions of the law on transfer of Executive projects are imprisonment, Ministry of public security, Ministry of Justice, Ministry of Foreign Affairs, the Supreme People's Procuratorate The Supreme People's Court, unified guide receiving, transferring, continue the implementation of projects for the Executive imprisonment sentence are as follows.
Chapter I GENERAL PROVISIONS article 1. Scope, application object 1. This circular instructions on the sequence, procedure and conditions of receiving, transferring, continued execution against the person who is Executive imprisonment sentence.
2. This circular apply to agencies, organizations and individuals, Vietnam; agencies, organizations, foreign individuals related to receiving, transferring, continued execution against the person who is Executive imprisonment sentence.
Article 2. The principle of reception, transfer 1. Consistent with the Constitution, laws and international treaties to which Vietnam Vietnam is a member.
2. Because humanitarian purposes in order to facilitate the Executive imprisonment sentence are the opportunity to continue the criminal section Executive left in the country that they or other country nationals agree to receive.
3. The priority application of international treaties to which Vietnam is a member. The absence of international treaties shall apply the principle of "reciprocity" but are not contrary to the law of Vietnam, in accordance with the law and international practices.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. "relaying" means the competent authorities of Vietnam receiving Vietnam citizens sentenced to imprisonment term or life imprisonment in the water delivered to the Executive project continues in Vietnam;
2. "transfer" is the competent organs of Vietnam converted who are Executive punishment jail term or life imprisonment at the detention facility of the Vietnam for receiving countries to continue the project Executive in that country;
3. "who are Executive punishment prison" is people are criminal prisoners in the detention facility on the territory of the Socialist Republic of Vietnam or the territory transferred;
4. "competent people's Court" is the people's Provincial Court of the residence of Vietnam in the final who Executive imprisonment sentence in water transfer or where the foreigner is jail sentence in Vietnam Executive;
5. "detention facility" is a penitentiary, detention or detention on the territory of the Socialist Republic of Vietnam or the territory transferred;
6. "special cases" stipulated in article 50 paragraph 1 d of law judicial assistance is meant to be one of the following cases: a) To the required service between Vietnam and foreign countries receiving;
b) who are project Executive imprisonment are seriously ill to continue to accept is as people with one of the following diseases: cancer, end-stage cirrhosis cut stock, heavy labor rel. 4 drug resistance, polio, heart failure level 3 or above, the level 4 and above kidney, HIV AIDS phase transfer are the opportunistic infections and the bad prognosis. There, the conclusion of the hospital provincial level regarding the imprisonment sentence Executive who is seriously ill;
7. "People are allowed to reside indefinitely in the country receiving" stipulated in art. 2 law on judicial assistance article 50 is understood as those who are allowed to enter, and stay long in the receiving countries;
8. "Who's who are Executive punishment prison" defined in art. 2 law on judicial assistance article 50: he, she, surgery; father, mother tongue; Dad, mom, your wife (or husband); the legitimate adoptive parents; wife or husband; offspring, daughter-in-law, son-in-law, legal adoption; England, siblings; brother, sister of his wife (or husband); an aunt, uncle, uncle, nephew, of Executive prison sentence are people that have the main residence on the territory of the receiving country.
Article 4. The jurisdiction of the Agency, held in the transfer operation, receiving 1. The Ministry of public security has the following authority: a) receiving, requesting the transfer;
b) check original records; additional requirements profile (if necessary).
The case when considering the profile suggested transferring the Executive imprisonment sentence are in its detention facilities management, Ministry of public security to see that person not eligible to consider transfer as defined in paragraph 2 to article 50 or in one of the cases of refusal of transfer as stipulated in article 51 of law judicial assistance, the Ministry of public security informed the country's authorities requested the transfer and who is executor of the judgment that the possibility of imprisonment to refuse transfer.
Case profile suggested receiving Executive imprisonment sentence are caused by foreign detention facilities management, if it deems not yet eligible to receive or incomplete records procedures as specified in paragraph 1 to article 50, article 52 and article 53 of law judicial assistance, the Ministry of public security to notify the competent authority of the country suggest about the possibilities from refused to accept or ask the water suggest the reception offers full information as specified.
2. Ministry of Foreign Affairs, in coordination with the ministries concerned to consider, the decision to apply the principle of "reciprocity" in the reception, transfer of Executive projects are imprisonment; steer, guide the diplomatic representations, consular representative bodies and other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to as Vietnam representative body) related to the transfer, the receiving person is executor imprisonment sentence.
3. help Vietnam representative body for the competent authority in the country in relations with the competent bodies of foreign countries related to the transfer, the receiving person is executor imprisonment sentence.
4. provincial people's Court, where the person who recommended the transfer of Vietnam has the last place of residence or the place where the foreigner is jail sentence in Vietnam Executive review, the decision to transfer or deny the transfer, reception.
5. the Supreme People's Court to consider the appeal, the appeal under the procedure of appeal against the decision to accept or decline the transfer, receipt, transfer of the provincial people's Court.
6. the Supreme People's Procuratorate, the provincial people's Procuratorate participated in a speech at the meeting point of consideration received, request transfer, perform the function of the Prosecutor in judicial activities activities of receiving, transferring, continued execution against the person who is Executive imprisonment sentence.
Article 5. Reception, transfer under the principle of "reciprocity." The reception, transfer as proposed by the Vietnam a) on the basis of the proposal of the Executive are doing jail sentence or the legal representative of that person, the Ministry of public security set up a profile to receive proposals, delivered in accordance with the law and have the text suggested the State consider the decision adopting the principle of "reciprocity", at the same time send a copy of the records and documents for the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate to coordinate research. In the text to send the Foreign Ministry should clearly state the need to apply the principle of "reciprocity" with relevant countries, the suitability of the profile according to the provisions of the law on judicial assistance and this circular.
b) within a period of 5 (five) working days from the date of the record, the Foreign Ministry suggested in writing the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate have comments in writing on the need to apply the principle of "reciprocity", the suitability of the profile for the specified in articles 50 52 and 53, of the law on judicial assistance soy.
c) within a period of 30 (thirty) days from the date of the writing of the Foreign Ministry, the Ministry of Justice, the Supreme People's Court and the Supreme People's Procuratorate have comments in writing.
d) within 10 (ten) days from the date of receiving the written opinions of the Ministry of Justice, the Supreme People's Court and the Supreme People's Procuratorate, the Ministry of Foreign Affairs chaired the review the application of the principle of "reciprocity".
Cases of application of the principle of "reciprocity", the Foreign Ministry announced in writing to the Ministry of public security, Ministry of Justice, the Supreme People's Court and the Supreme People's Procuratorate said, and the attached documents to send the competent authority of a foreign country.
The case does not apply the principle of "reciprocity", the Foreign Ministry sent back record for Ministry of public security and stating the reason, notification in writing to the Ministry of Justice, the Supreme People's Court and the Supreme People's Procuratorate.
DD) within a period of 5 (five) working days from the date of the opinion of the foreign countries on the application of the principle of "reciprocity", the Foreign Ministry announced in writing to the Ministry of public security, Ministry of Justice, the Supreme People's Court and the Supreme People's Procuratorate said, coordination.
2. The reception, transfer at the suggestion of the foreign side a) case the Foreign Ministry received the proposal reception, transfer of the foreign countries which between Vietnam and countries that don't yet have international treaties relating to the transfer of the prison sentence and the Executive are not yet have agreements or precedents on the application of the principle of "reciprocity" on the issue of This, the Foreign Ministry has attached text records (if any) suggested the Ministry of public security, the Supreme People's Court (original), the Supreme People's Procuratorate, the Ministry of Justice coordinated the review of the application of the principle of "reciprocity".
b) case of Ministry of public security received the proposal reception, transfer of the foreign countries which between Vietnam and countries that don't yet have international treaties related to receiving, transferring the Executive projects are imprisonment and yet have agreement or precedent on the application of the principle of "reciprocity" The Ministry of public security has attached text copy records (if any) proposed the Foreign Ministry to coordinate with the Ministry of Justice, the Supreme People's Court and the Supreme People's Procuratorate to consider, decide the application of the principle of "reciprocity". In the text should clearly state the opinion of the Ministry of public security on the need to apply the principle of "reciprocity", the suitability of the profile for the specified in articles 50, 52 and 53 law on judicial assistance.

In this case, the Foreign Ministry in writing, within 5 (five) working days from the date of the record, the proposal of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice to coordinate comments on the need to apply the principle of "reciprocity", the suitability of the profile for the specified in articles 50 52 and 53, the law on judicial assistance.
c) within a period of 30 (thirty) days from the date of the writing of the Foreign Ministry, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice is of the opinion in writing.
d) within a period of 5 (five) working days from the date of the opinion of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice, Ministry of Foreign Affairs to consider and decide on the application of the principle of "reciprocity" and reply in writing to the competent authority of the foreign request and send a copy of that text for The security, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice to coordinate. The case agreed to apply the principle of "reciprocity", on the basis of the record due to the overseas have submitted, the agencies made the reception, transfer of Executive imprisonment sentence are prescribed.
Chapter II the EXECUTIVE who RECEIVED IMPRISONMENT SENTENCE in VIETNAM CONTINUED OBSERVANCE of article 6 PROJECTS. Reception conditions who are Executive punishment in prison who are Executive imprisonment sentence in water transfer can only be receiving about Vietnam to continue joint Executive penalty left when the following conditions: 1. The population of Vietnam;
2. Where the last resident in Vietnam;
3. The offence for which the person convicted abroad also constitute crimes under the provisions of the law of Vietnam;
4. At the time of receiving the transfer request, the time limit for the Executive project yet imprisonment must also at least 1 (one) year; in special cases, this time limit is at least 6 (six) months;
5. The judgment with respect to the proposed transfer of Vietnam have legal effect and no longer of any proceedings against that person in the water delivered;
6. Water transfer and convict all agree to the transfer. In the case of persons sentenced to imprisonment are minors, the downside mental physical or it must have the consent of the legal representative of that person;
7. competent court of Vietnam have decided to agree to receive the law was in effect.
Article 7. Records suggest that receive transfer records suggest receiving the transfer must be made in 3 (three) set according to the provisions of articles 52 and 53 of the judicial assistance Law except in the case of international treaties on transfer of Executive imprisonment sentence are that Vietnam and the water delivered is a member otherwise.
Article 8. Determine the nationality of Executive projects are Vietnam imprisonment upon the transfer receipt is required, the clue of the Ministry of public security, in coordination with the competent agencies of the Ministry of Justice to verify the nationalities of Vietnam who are Executive imprisonment sentence. Order verification procedures follow the citizenship rules of the law of Vietnam.
Article 9. Order and procedure of transfer requests; review, the decision of receiving 1. Vietnam citizens guilty and sentenced to a penalty to life imprisonment or jail term in the foreign applicants are transferred on Vietnam to continue the remaining penalty section Executive can apply (or through a legal representative) presents that aspirations with the competent agencies of the Ministry of public security or the Socialist Republic of Vietnam South Vietnam representative or agency.
2. Within a period of 10 (ten) days from the date the application was delivered of a people who are Executive imprisonment sentence, single Vietnam representative offices, records for the Ministry of public security to enter the record book.
3. within 20 (twenty) days from receipt of the required record of receiving transfer of Executive projects are imprisonment, Ministry of public security on the shared profile and checking the records prescribed in articles 52 and 53 of the judicial assistance Law. The Ministry of public security may request the competent authority of the country of the transfer provided additional information to the profile. After the 60 (sixty) days from the date of sending additional requests text information without getting the additional information, the Ministry of public security sent records for water transfer and stating the reasons, and send people to jail sentence Executive require receiving of Vietnam (or legal representative of that person) know. Case documents, Ministry of public security to transfer immediately to the provincial people's Court has the jurisdiction to 2 (two) record to consider, decide whether to receive deliveries about Vietnam or not.
4. within 10 (ten) days from the date of the application the request received by the Ministry of public security to transfer to provincial people's Court, has the authority to handle and notified in writing to the people's Procuratorate at the same level. Within a period of preparation required consideration of receiving, people's courts have the authority to request the competent authority of the country in addition to points unknown in the profile request reception. The required text and text reply sent through the Ministry of public security. 5. Within a period of 30 (thirty) days from the date of acceptance, as the case that provincial people's Court off one of the following decisions: a) consider requests received when the conditions specified in article 50 of the law on judicial aid and soy article 6 of this circular;
b) suspend consideration of the request for records and Ministry of public security in the absence of jurisdiction or competent authorities of foreign countries or the transfer request withdrawal request or because of other reasons that the review could not be conducted.
6. the people's provincial court consider the request received within a period of 30 (thirty) days from the date of the application in paragraph 3 of this article and immediately transfer a designated record to the people's Procuratorate at the same level.
7. The review request was received in the session due to Assembly consists of 3 (three) judges including 01 (a) judge presided and the involvement of the people's Procuratorate at the same level.
8. The Council considered the request of receiving work according to the order prescribed in paragraph 4 to article 55 of law judicial assistance.
9. Slowly as 10 (ten) days from the date of the decision to accept or reject the reception, the provincial people's Court sent the decision to the people's Procuratorate at the same level to consider whether to appeal or not; at the same time send to the Ministry of public security to notify the foreign countries know.
10. The decision to accept, refuse to accept the effect the law include: a) the decision of the Court of first instance cannot be appealed, the appeal;
b) decided by the Court of appeal.
11. where the decision to agree to receive, within a period of five (5) days from the date of receiving the decision in effect the law, Chief Justice of the Court of first instance decision of the following decisions: a) the decision to enforce decisions receipt;
b) decided to continue the execution imprisonment in Vietnam;
c) decide to convert the penalty prescribed in article 19 of this circular in which case the nature and the duration of the punishment of water transfer has not compatible with the provisions of the law of Vietnam.
Article 10. Verify the consent of the person to be transferred in case of need, before deciding to accept the transfer of Executive imprisonment sentence are, Ministry of public security sent officers to the water transfer or authorize representative offices in Vietnam delivered to determine if that person has agreed to voluntarily and with full awareness of the legal consequences of the transfer or not.
Article 11. The organization receiving the Executive imprisonment sentence are 1. After getting the decision enforcement decisions receipt Management Agency, criminal enforcement, Ministry of public security to Exchange consistent with the Agency, the competent organization of water delivered on time, place, manner and organization of the reception, the prize was delivered about the detention facility where he or she will continue to enforce the prison sentence in Vietnam.
2. the receiving Corps component of Executive imprisonment sentence are included: a) representing authorities enforce the Criminal Division as head of the Ministry of public security;
b) judicial police support.
3. The reception people are Executive imprisonment sentence from water transfer must be made in the minutes including 3 (three) copies by Vietnamese, 3 (three) in English and 3 (three) copies of the receiving country; signed confirmation of the representatives of the authorities responsible for the provisions in paragraph 2 of this Article and the competent bodies representative of the water transfer.
4. Heads the criminal enforcement management Ministry of public security decided and assigned detention facility continue to enforce the judgment against the Executive imprisonment sentence are decided to accept.
Chapter III TRANSFER of EXECUTIVE IMPRISONMENT SENTENCE PEOPLE who are on the TERRITORY of VIETNAM to the FOREIGN article 12. Informed of the right to request the transfer of 1. When declaring the verdict and sentencing to prison term, life imprisonment, the Court of first instance trial were people, appeal is responsible for notifying the accused is the objects stated in art. 2 law on judicial assistance of 50 Things to know about the right to request the transfer.
2. Every year, the Ministry of public security made the announcement for the Executive project is imprisonment are foreigners who are in Executive detention facilities managed by the Ministry of public security said about the right to request the transfer.
Article 13. The profile requires transfer of dossiers transferred and attached documents are prescribed in articles 52 and 53 of the law on judicial assistance and the provisions of the relevant international treaties to which Vietnam and the foreign countries as members.
Article 14. Determine the consent to transfer of Executive imprisonment sentence are 1. The determination of the transfer agreement are Executive imprisonment sentence was based on: a) an application for the transfer of that person;

b) A statement of the person who is Executive punishment prison or legal representative in the case of persons sentenced to imprisonment are juveniles, who had physical defects or mental directed to people that do not have full capacity behavior, cognitive ability that they know enough about the consequence of the transfer and the right , obligations of the transfer.
2. Pursuant to the request of the receiving countries and each particular incident, Secretary of the Ministry of public security decided to allow the receiving country send representatives to Vietnam to verify the consent to transfer of Executive imprisonment sentence are.
Article 15. Order and procedure of review decision transfer, denied the transfer of order and procedure review, decided to transfer, refused transfer to the foreign countries to comply with the provisions of articles 50, 51 and 55 of the judicial assistance Legislation and the provisions of international treaties to which Vietnam and foreign countries are members and specified in this circular.
Article 16. Decided to reserve judgment, the decision of the Court of the Socialist Republic of Vietnam agreed to transfer the case of Executive imprisonment for convictions are foreign, the people's Court of first instance, appellate level decision to reserve judgment, decided that Vietnam Court has for the offender.
Article 17. Implementation of the transfer 1. Shortly after receiving the decision to enforce the transfer decision, the Ministry of public security agreement with the competent bodies of foreign countries about the time, place and manner of delivery.
2. Pursuant to decision of the heads of agency management, Ministry of public security criminal detention facility who are Executive imprisonment sentence is responsible, in coordination with other competent agencies of Vietnam made the award are Executive imprisonment sentence to location and time agreed to hand over to foreign countries. Pressure Group composition award Executive imprisonment sentence are included: a) representing authorities enforce the Criminal Division as head of the Ministry of public security;
b) supervisor or Deputy supervisor detention facility where people are standing trial in prison are criminal prisoners.
3. The handing of Executive imprisonment sentence are for receiving countries must be established thereon includes 3 (three) copies by Vietnamese, 3 (three) in English and 3 (three) copies of the receiving country; signed confirmation of the representatives of the authorities responsible for the provisions in paragraph 2 of this Article and the representatives of the competent authorities of receiving countries.
4. the time limit of 7 (seven) days from the fixed point in the handover Agreement who are Executive imprisonment sentence that required water delivered does not accept the transfer without justifiable reasons, the governing body of The criminal enforcement of public security set up the minutes on this and immediately notify the Court took a decision to transfer to consider , the transfer decision. Within 5 (five) working days since the date of the notice of the Agency's criminal enforcement management Ministry of public security, court decisions have been delivered to the meeting and the decision to cancel the transfer decision and notify The police know to inform foreign countries.
After receipt of the decision to cancel the transfer decision, the Ministry of public security immediately notify foreign countries and people who are that prison sentence Executive know about Vietnam Court's decision and the decision to pay the Executive imprisonment sentence are about the detention facility to continue the project Executive in Vietnam.
5. in case of exceeding the time limit for 7 (seven) days from the fixed point in the handover Agreement who are Executive imprisonment sentence that required water deliveries not yet able to receive transferred due to objective causes and has informed The police about the delay and commit in writing to the Executive who will accept punishment in prison and to pay the full cost incurred by the transfer receiver chễ slow triggers, the Ministry of public security could postpone the decision made the decision to transfer and agreements with foreign countries to determine the time and place to make the transfer. The delayed implementation of the decision to transfer is not too 15 (fifteen) days from the date of the written commitment of foreign countries about the Executive who will accept punishment in prison.
Heads management Ministry of public security criminal decision taken person is imprisonment sentence on Executive detention facility near and most convenient for the transfer according to the new agreement.
Article 18. Notification of the Executive term reduced the jail sentence, parole, great for people who are Executive imprisonment sentence was delivered 1. Immediately after receiving notice of the decision to reduce the Executive term of imprisonment sentence, parole, great for people who are Executive imprisonment sentence was delivered, the Ministry of public security immediately notify competent authorities of foreign countries to make the reduction of the Executive term prison sentence , parole, great for people who are Executive imprisonment sentence.
2. Vietnam representative body is responsible, in coordination with the Ministry of public security oversees the competent authorities of the receiving countries made the decision to reduce the Executive term of imprisonment sentence, parole, the Agency's dormitory authority of Vietnam.
Chapter IV CONTINUES the EXECUTION IMPRISONMENT article 19. Convert the penalty penalty conversion is done as follows: 1. When a decision to accept Vietnam citizens are Executive imprisonment sentence in a foreign country to continue the implementation of projects in Vietnam, the people's courts have jurisdiction to consider there are no penalty conversion. If the nature or duration of the penalty which is inconsistent with the provisions of the law, then, Vietnam can convert that punishment for match penalty that Vietnam's law provisions for similar offences. When converting the penalty, the competent court must base its conclusion on the facts of the case are expressed in the comments, the impeachment, the verdict or sentencing were the water transfer Declaration. Conversion penalty not being more severe penalties which transferred water has on the nature and the duration.
2. where the offender sentenced to prison term of 30 (thirty) years for crimes or on 20 (twenty) years for a crime, after the Exchange with the competent bodies of foreign countries, the competent court may consider Vietnam's decision to term must obey the rest of the penalty portion be receiving highest to 30 (three fifty) years imprisonment (in cases of infringement of sins) or up to 20 (twenty) years imprisonment (in cases of a criminal offense) according to the rules on sentencing of the criminal and Vietnam are except the time that person had the penalty enforcement abroad.
Article 20. Implementation of the regime for the Executive imprisonment sentence are delivered about Vietnam 1. The mode and the rights of people who are Executive imprisonment sentence was delivered about Vietnam done as earners are imprisonment in Vietnam Project Executive.
2. During the Executive projects are continuing imprisonment penalty of jail in Vietnam, who are Executive imprisonment sentence was entitled to the custodial management regime, education improvement, consider a temporary suspension of court imprisonment, the Executive term reduced jail sentence, prison tha property, especially property, in accordance with the law of Vietnam as the Executive who are other jail sentence.
3. In the case of the notice of the decision to reduce the Executive term sentence in prison, jail, parole, tha dormitories or any decision, any measure of water transfer for deliveries of Vietnam led to the reduction of the Executive term of imprisonment sentence, the Ministry of public security made the following sequence , the procedure prescribed in clause 2 Article 22 of this circular.
4. The person transferred is minors enjoy the detention regulations with respect to who is executor of court imprisonment is a minor under the law of Vietnam.
Article 21. Informed of the situation of the Executive who is Executive imprisonment sentence The police notify the competent bodies of foreign countries when: 1. The person who is Executive imprisonment sentence was temporarily suspended enforcement of the imprisonment sentence, the Executive term reduction of punishment in prison or parole;
2. Who are the Executive project has done Executive imprisonment sentence in prison;
3. Who are the jail sentence Executive fled detention;
4. Who are Executive imprisonment sentence to die before finishing projects Executive imprisonment;
5. The proposed foreign notice of situation of Executive who is Executive imprisonment sentence.
Article 22. Made the decision to parole or reduced the duration of imprisonment sentence Executive transfer for Executive imprisonment sentence are receiving notice of the decision to parole or reduced the duration of imprisonment sentence Executive transfer for Executive imprisonment sentence are, Ministry of public security sent immediately to inform the competent State agencies consider the decision according to the order, the procedure is as follows: 1. Report suggested the Government President of parole decisions for the Executive who received imprisonment sentence about Vietnam's to decide according to the authority;
2. Notify the Supreme People's Court of the decision to reduce the duration of imprisonment sentence Executive transfer to a decision to recognize and enforce the decision the Executive term reduced prison sentence in Vietnam of the water Court transfer;
3. After receiving the decision of the competent authority, the Ministry of public security made the parole, the Executive term of sentence reduction for people who are Executive imprisonment sentence.
Chapter V ENFORCEABLE Article 23. The effect of circular, this circular effect since April 15, 2013.
Article 24. The Organization made in the process of implementation of the circular, if there are problems or issues that arise need to explain, guide and suggestions reflected to the Ministry of public security, Ministry of Justice, Ministry of Foreign Affairs, the Supreme People's Procuratorate, the Supreme People's Court to have the explanation or additional instructions promptly.