Luật thi hành án hình sự tiếng Anh: Law on Execution of Criminal judgments

Link tải Luật thi hành án hình sự tiếng Anh: Law on Execution of Criminal judgments: TẠI ĐÂY

THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
The Law No. 41/2019/QH14
Hanoi, June 14, 2019
thi hanh anLAW
ON EXECUTION OF CRIMINAL JUDGMENTS
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Execution of Criminal Judgments.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law sets forth principles, procedures, organization, tasks and powers of competent authorities and persons in the execution of judgments and decisions on prison sentences, death sentences, warnings, community sentences, prohibition from residence, mandatory supervision, expulsion sentences, deprivation of certain citizenship rights, prohibition from holding certain positions, practicing profession or performing certain jobs, suspended sentences, parole, suspension of operation, permanent shutdown, ban from doing business, ban from operating in certain fields, prohibition from raising capital, judicial measures; rights and obligations of persons and corporate legal entities serving sentences or judicial measures; responsibilities of agencies, organizations, and individuals related to execution of criminal judgments and judicial measures.
Article 2. Executable judgments and decisions
1. Court judgments and decisions which have become legally effective and have had execution decisions:
2. Court judgments and decisions to be executed without delay under the Criminal Procedure Code or from their effective dates under the Criminal Code.
3. Decisions of courts to receive persons currently serving prison sentences in a foreign country to Vietnam to serve their sentences in Vietnam, which have had execution decisions; court decisions to transfer persons currently serving prison sentences in Vietnam to a foreign country.
4. Judgments and decisions to apply judicial measures of compulsory medical treatment, education in reformatories; compulsory restoration of original state; compulsory implementation of some measures for mitigation and prevention of consequences against corporate legal entities under power of criminal judgment execution agencies.
Article 3. Interpretation of terms
For the purposes of this Law, these terms below shall be construed as follows:
1. “sentenced person” means a person who has been convicted of a crime and subject to a penalty under a court judgment or decision which becomes legally effective and has had an execution decision.
2. “inmate” means a person who is currently serving a termed prison sentence or a life sentence.
3. “place of detention” means a place where inmates are supervised, incarcerated and educated, including prisons, detention centers, custody houses.
4. “execution of prison sentence” means that a competent authority or person defined in this Law puts a person receiving a termed prison sentence or a life sentence under control, incarceration and education.
5. “execution of death sentence” means that a competent authority or person defined in this Law deprives the life of a person sentenced to death.
6. “execution of suspended sentence” means that a competent authority or person defined in this Law supervises and educates a person who receives a suspended sentence during the probation period.
7. “execution of parole” means that a competent authority or person defined in this Law supervises a person on parole (hereinafter referred to as parolee) during probation period.
8. “execution of community sentence” means that that a competent authority or person defined in this Law supervises and educates a sentenced person at their place of residence, work or study; deducts partial amount from their income and transfer it to state budget, and supervises their performance of community services under a legally effective court judgment or decision.
9. “execution of prohibition from residence sentence” means that a competent authority or person defined in this Law forces a sentenced person not to temporarily or permanently reside in certain administrative divisions under a legally effective court judgment or decision.
10. “execution of mandatory supervision” means that a competent authority or person defined in this Law forces a sentenced person to reside, make a living and rehabilitate themselves in given administrative division under the supervision and education of the local administration and the people under a legally effective court judgment or decision.
11. “execution of expulsion sentence” means that a competent authority or person defined in this Law forces a sentenced person to leave the territory of the Socialist Republic of Vietnam under a legally effective court judgment or decision.
12. “execution of the sentence of deprivation of certain citizenship rights” means that a competent authority or person defined in this Law deprives a sentenced person of certain citizenship rights under a legally effective court judgment or decision.
13. “execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs” means that a competent authority or person defined in this Law forces a sentenced person not to hold certain positions, practicing certain professions or performing certain jobs under a legally effective court judgment or decision.
14. “execution of the judicial measure of compulsory medical treatment” means that a competent authority or person defined in this Law forces a person who has committed an act dangerous to the society or a sentenced person who suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity to receive treatment at a compulsory health facility under a court or procuracy decision.
15. “execution of the judicial measure of education in reformatories” means that a competent authority or person defined in this Law sends a person under 18 years of age (hereinafter referred to as minor) to a reformatory school for education under a legally effective court judgment or decision.
16. “escort for judgment execution” means that a competent authority or person defined in this Law forces a person receiving a prison sentence, death sentence, or expulsion sentence to a place where he/she will serve the sentence.
17. “transfer” means the implementation of a decision of a competent authority or person defined in this Law to take an inmate, a person sentenced to death or a person serving the judicial measure of education in a reformatory out of their place of supervision and deliver over him/her to a competent authority or person for the purposes of investigation, prosecution, trial, medical examination and treatment, incarceration management, and education for a certain period.
18. “personal identification statement” means a document containing brief information on the personal history, identification characteristics, photos of three positions, fingerprints of two index fingers of a sentenced person or a person serving a judicial measure, which is made and kept by competent authorities.
19. “fingerprint sheet” means a document containing brief information on the personal history and all fingerprints of a sentenced person, which is made and kept by competent authorities.
20. “sentenced corporate legal entity” means a corporate legal entity which has been convicted of a crime and has incurred a penalty or judicial measure under a legally effective court judgment or decision.
21. “execution of sentence of suspension of operation” means that a competent authority or person defined in this Law forces a sentenced corporate legal entity to suspend its operation in one or certain lines of business subject to suspension of operation under a legally effective court judgment or decision.
22. “execution of sentence of permanent shutdown” means that a competent authority or person defined in this Law forces a sentenced corporate legal entity to shut its operation down in one or certain lines of business or the entire operation subject to permanent shutdown under a legally effective court judgment or decision.
23. “execution of sentence of ban from doing business, ban from operating in certain fields” means that a competent authority or person defined in this Law forces a sentenced corporate legal entity to cease its operation in certain banned lines of business for a given period of time under a legally effective court judgment or decision.
24. “execution of sentence of prohibition from raising capital” means that a competent authority or person defined in this Law forces a sentenced corporate legal entity to refrain from raising capital in one or certain forms for a given prohibition period time under a legally effective court judgment or decision.
25. “regulatory agencies supervising sentenced corporate legal entity” means agencies which are competent to register business, issue a certificate of registration, issue an operation license or approval to a corporate legal entity and supervise the operation of the corporate legal entity, and are requested by criminal judgment execution agencies to perform one or certain tasks to ensure the execution of penalty or judicial measure against the sentenced corporate legal entity.
Article 4. Principles of execution of criminal judgments
1. Abidance by the Constitution and law, guarantee of the interests of the State and the legitimate rights and interests of agencies, organizations, and individuals.
2. Legally effective court judgments and decisions must be respected and strictly complied with by agencies, organizations, and individuals.
3. Guarantee of socialist humanism; respect for the dignity and legitimate rights and interests of sentenced persons, persons serving judicial measures, and legitimate rights and interests of sentenced corporate legal entities.
4. Combination of punishment and education in the execution of judgments; application of educational measures based on the nature and severity of crimes committed, age, gender, educational level and other personal characteristics of sentenced persons.
5. Execution of judgments against minors mainly aims to educate and help them correct their wrongful acts, develop healthily and become useful to the society.
6. Sentenced persons are encouraged to show their repentance, actively study and work to reform themselves and voluntarily pay compensations.
7. Guarantee of the right to complain and denounce illegal acts and decisions of competent authorities or persons in execution of criminal judgments.
8. Guarantee of the participation of agencies, organizations, individuals, and families in the execution of criminal judgments and community re-integration as per the law.
Article 5. Responsibilities of agencies, organizations, and individuals to cooperate in the execution of criminal judgments
Agencies, organizations and individuals shall, within the scope of their tasks, powers and obligations, cooperate with one another and comply with requests of competent agencies under this Law in the execution of criminal judgments.
Article 6. Supervision of execution of criminal judgments
The National Assembly, the People's Councils, the Vietnam Fatherland Front and affiliates thereof shall supervise activities of competent agencies and organizations and other relevant agencies and organizations in the execution of criminal judgments as per the law.
Article 7. Oversight of execution of criminal judgments
The People’s Procuracy shall oversee the adherence to law of competent authorities and persons and other agencies, organizations, and individuals involved in execution of criminal judgments.
Article 8. Raising public awareness and education of law on execution of criminal judgments
1. The Government, ministries, ministerial-level agencies and Governmental agencies shall organize and direct raising of public awareness and education of law on execution of criminal judgments.
2. The People's Committees and other agencies and organizations shall, within the ambit of their respective tasks and powers, organize raising of public awareness and education of law on execution of criminal judgments and mobilize the people to observe the law on execution of criminal judgments.
Article 9. International cooperation in execution of criminal judgments
International cooperation in execution of criminal judgments between competent agencies of the Socialist Republic of Vietnam and respective competent agencies of foreign counterparts shall be carried out on the principle of respect for national independence, sovereignty, territorial integrity and non-intervention in one another's internal affairs, equality and mutual benefit, compliance with the Constitution of the Socialist Republic of Vietnam and the fundamental principles of international law to which Vietnam is a signatory.
If Vietnam and a country have not had any international treaty, their international cooperation in execution of criminal judgments shall be carried out in conformity with principle of reciprocity provided not in contravention of the Constitution of Vietnam and in accordance with international law and practices.
Article 10. Prohibited acts in the execution of criminal judgments
1. Destroying supervision and detention facilities; destroying and intentionally damaging property of supervision and detention facilities; organizing escape or escaping from supervision and detention places; organizing escape or escaping while being escorted for judgment execution; rescuing inmates, persons serving judicial measures or person being escorted for judgment execution.
2. Failing to abide by decisions to execute criminal judgments; obstructing or resisting the implementation of internal regulations on execution of criminal judgments or decisions or requests of competent authorities or persons in execution of criminal judgments.
3. Organizing, provoking, instigating, involving, enticing, abetting or forcing others to violate the law on execution of criminal judgments; taking revenge on or infringing upon the life, health, honor, dignity and property of persons in charge of executing criminal judgments.
4. Failing to issue decisions to execute criminal judgments; failing to execute decisions to set free persons who are released in accordance with law and other decisions of competent authorities or persons in execution of criminal judgments.
5. Giving, taking, brokering bribes, or causing harassment in execution of criminal judgments.
6. Illegally releasing persons who are in detention, are being escorted for judgment execution; showing irresponsibility in the management, guard and escort for judgment execution resulting in the escape of persons serving a prison sentence, death sentence or expulsion sentence.
7. Abusing positions and powers to request exemption from or reduction of the duration, postponement or suspension of the serving of a sentence, parole, or shortening probation period for ineligible persons; failing to request exemption from or reduction of the duration, postponement or suspension of serving a sentence, parole, or shortening probation period for eligible persons; requesting or failing to request early termination of serving judicial measures, postponement or suspension of serving judicial measures; obstructing sentenced persons or corporate legal entities from exercising the rights as specified in this Law.
8. Torturing and using brutal, inhuman or humiliating treatment or punishment against sentenced persons or persons serving judicial measures.
9. Differentiating, discriminating or infringing upon legitimate rights and interests of sentenced persons or corporate legal entities.
10. Issuing or refusing to issue decisions, certificates or other papers regarding execution of criminal judgments in violation of law.
11. Falsifying dossiers and records related to execution of criminal judgments.
Chapter II
SYSTEM OF CRIMINAL JUDGMENT EXECUTION ORGANIZATION, TASKS AND POWERS OF COMPETENT AGENCIES IN THE EXECUTION OF CRIMINAL JUDGMENTS
Article 11. System of execution of criminal judgment organization
1. Criminal judgment execution management agencies, including:
a) Criminal judgment execution management agencies of the Ministry of Public Security;
b) Criminal judgment execution management agencies of the Ministry of National Defense.
2. Criminal judgment execution agencies, including:
a) Prisons of the Ministry of Public Security, prisons of the Ministry of National Defense and prisons of military zones (hereinafter referred to as prisons);
b) Criminal judgment execution agencies of police departments of provinces and central-affiliated cities (hereinafter referred to as criminal judgment execution agencies of provincial-level police departments);
c) Criminal judgment execution agencies of police departments of districts, towns and provincial cities, cities affiliated to central-affiliated cities (hereinafter referred to as criminal judgment execution agencies of district-level police offices);
d) Criminal judgment execution agencies of military zones and equivalent level (hereinafter referred to as criminal judgment execution agencies of military zones).
3. Agencies which are assigned certain tasks of criminal judgment execution, including:
a) Detention centers of the Ministry of Public Security, detention centers of the Ministry of National Defense, detention centers of provincial-level departments and detention centers of military zones (hereinafter referred to as detention centers);
b) The People’s Committees of communes;
c) Military units of regiment and equivalent levels (hereinafter referred to as military units).
4. The Minister of Public Security and the Minister of National Defense shall specify the organizational apparatuses of criminal judgment execution management agencies and criminal judgment execution agencies.
Article 12. Tasks and powers of the criminal judgment execution management agency of the Ministry of Public Security
1. Assist the Minister of Public Security in performing the following tasks and powers:
a) Organizing enforcement of the law on execution of criminal judgments;
b) Providing professional practices and instructions in consistence with application of regulations and laws on execution of criminal judgments;
c) Reviewing the execution of criminal judgments.
2. Examine the execution of criminal judgments.
3. Decide the sending of persons sentenced to prison to place where they will serve the sentences and sending of minors to reformatories.
4. Directly manage prisons, reformatories of the Ministry of Public Security.
5. Follow statistics and reporting regulations.
6. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.
7. Perform other tasks and powers in accordance with this Law and assigned by the Minister of Public Security.
Article 13. Tasks and powers of the criminal judgment execution management agency of the Ministry of National Defense
1. Assist the Minister of National Defense in performing the following tasks and powers:
a) Organizing enforcement of the law on execution of criminal judgments;
b) Providing professional practices and instructions in consistent application of regulations and laws on execution of criminal judgments in military;
c) Reviewing the execution of criminal judgments in military.
2. Examine the execution of criminal judgments in military.
3. Decide the sending of persons sentenced to prison to place where they will serve the sentences.
4. Directly manage prisons of the Ministry of National Defense.
5. Follow statistics and reporting regulations.
6. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.
7. Perform other tasks and powers in accordance with this Law and assigned by the Minister of National Defense.
Article 14. Tasks and powers of the criminal judgment execution management agencies of provincial-level police departments
1. Assist directors of provincial-level police departments in managing and directing the execution of criminal judgments in their respective provinces:
a) Providing professional practices and instructions for and examining the execution of criminal judgments by, detention centers and criminal judgment execution agencies of district-level police offices;
b) Reviewing the execution of criminal judgments and following the statistics and reporting regulations as guided by the criminal judgment execution management agency of the Ministry of Public Security.
2. Receive court judgments and decisions, decisions on the execution of criminal judgments; complete dossiers and establish lists of persons sentenced to prison and submitting them to competent agencies or persons for decision; establish judgment execution dossiers for corporate legal entities.
3. Request competent courts to consider deciding suspension of the serving of prison sentences and reduction of the duration of serving prison sentences, parole granted to inmates and shortening probation period granted to parolees, and seek mental health assessment as per the law.
4. Receive persons sentenced to prison transferred from foreign countries to Vietnam to execute the judgments under decisions of competent courts, complete judgment execution dossiers, and report criminal judgment execution management agencies to issue decisions to send concerned persons to place where they will serve the sentences.
5. Organize execution of expulsion sentences; participate in execution of death sentences; manage inmates for custody and detention purposes as per this Law.
6. Release wanted notices and hunt sentenced persons escaping from prisons.
7. Decide to transfer inmates or follow inmate transfer orders of competent authorities or persons.
8. Organize execution of penalties and judicial measures against corporate legal entities as per this Law.
9. Issue certificates of complete serving of sentence, and certificates of complete serving of judicial measure under their competence.
10. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.
11. Perform other tasks and powers under this Law.
Article 15. Tasks and powers of the criminal judgment execution management agencies of military zones
1. Assist commanders of military zones in managing and directing the execution of criminal judgments in their military zones or equivalent zones:
a) Providing professional practices and examining the execution of criminal judgments;
b) Managing prisons of military zones;
c) Reviewing the execution of criminal judgments and following the statistics and reporting regulations as guided by the criminal judgment execution management agency of the Ministry of National Defense.
2. Receive court judgments and decisions, decisions on the execution of criminal judgments; complete dossiers and establish lists of persons sentenced to prison and submitting them to competent agencies or persons for decision; establish judgment execution dossiers for corporate legal entities.
3. Request competent courts to consider deciding the suspension of the serving of prison sentences and reduction of the duration of serving prison sentences, parole granted to inmates and shortening probation period granted to persons serving suspended sentences, parolees, reduction of the duration of serving community sentences, force persons serving suspended sentences who violate the terms of probation to serve the remainder of the sentences in prison, cancel decisions on parole granted to persons who violate the terms of parole and compel such persons to serve the remainder of the sentences in prison, seek mental health assessment as per the law.
4. Escort for judgment execution against persons sentenced to prison while on bail, persons whose prison sentences are postponed or suspended, persons who are forced to serve the original suspended sentences, and persons whose decisions on parole are cancelled by the court.
5. Participate in execution of death sentences; manage inmates for custody and detention purposes as per this Law.
6. Release wanted notices and hunt sentenced persons escaping from prisons.
7. Decide to transfer inmates or follow inmate transfer orders of competent authorities or persons.
8. Organize execution of penalties and judicial measures against corporate legal entities as per this Law.
9. Issue certificates of complete serving of sentence, and certificates of complete serving of judicial measure under their competence.
10. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.
11. Perform other tasks and powers under this Law.
Article 16. Tasks and powers of the criminal judgment execution management agencies of district-level police offices
1. Assist chiefs of district-level police offices in managing and directing the execution of criminal judgments in their respective districts:
a) Providing professional instructions on the execution of criminal judgments according to their competence for commune-level People's Committees; directing and examining commune-level police offices in their assistance for commune-level People's Committees in performing the tasks of executing criminal judgments under this Law:
b) Following the statistics and reporting regulations as guided by the criminal judgment execution management agency of the Ministry of Public Security.
2. Receive court judgments and decisions, judgment execution decisions, relevant documents, compile dossiers and organize execution of criminal judgments against persons serving suspended sentences, community sentences, prohibition from residence, prohibition from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain citizenship rights, mandatory supervision; management of persons whose prison sentences are postponed or suspended, parolees.
3. Compile dossiers and make reports to criminal judgment execution agencies of provincial-level police departments to request competent courts to consider deciding suspension of the serving of prison sentences, reduction of the duration of serving prison sentences, paroles granted to sentenced inmates who are held in custody houses, shortening probation period granted to parolees.
4. Escort for judgment execution against persons sentenced to prison while on bail, persons whose prison sentences are postponed or suspended, persons on probation who are forced to serve the original prison sentences, and persons whose decisions on parole are cancelled by the court.
5. Directly manage inmates for custody and detention purposes at custody houses.
6. Serve judgment execution decisions on persons sentenced to prison who are held in custody houses and send reports to criminal judgment execution agencies of provincial-level police departments.
7. Compile dossiers and make reports to criminal judgment execution agencies of provincial-level police departments for request to the criminal judgment execution management agency of the Ministry of Public Security to issue decisions to send persons sentenced to prison who are held in custody houses, persons whose prison sentences are postponed or suspended, persons on probation who are forced to serve the original prison sentences, persons whose decisions on parole are cancelled by the court to serve their sentences.
8. Request competent courts to consider deciding the suspension of the serving of prison sentences of sentenced persons while on bail, forcing persons serving suspended sentences who violate the terms of probation to serve the remainder of the sentences in prison, cancel decisions on parole granted to persons who violate the terms of parole and compel such persons to serve the remainder of the sentences in prison, shortening probation period granted to persons serving suspended sentences, reduction of the serving of community sentences, and exemption from serving the remainder of the sentences granted to persons subject to mandatory supervision or prohibition from residence.
9. Request competent authorities to release wanted notices against persons evading serving their sentences; issue decisions to transfer inmates or follow inmate transfer orders of competent authorities or persons.
10. Issue certificates of complete serving of sentence within their competence.
11. Settle complaints and denunciations about execution of criminal judgments under this Law and the Law on Denunciation.
12. Perform other tasks and powers under this Law.
Article 17. Tasks, powers and organizational structure of prisons
1. Prisons, as agencies executing prison sentences, have the following tasks and powers:
a) Admitting inmates and managing the incarceration, education and rehabilitation of inmates;
b) Notifying relatives of inmates of the admission of inmates and their serving of sentences;
c) Requesting competent courts to consider deciding reduction of the duration of serving prison sentences, suspension of the serving of prison sentences, parole granted to inmates as per the law;
d) Following inmate transfer orders of competent authorities or persons;
dd) Receiving personal possessions and money voluntarily handed by inmates and relatives of inmates at prisons for judgment execution, transfer them to civil judgment enforcement agencies of places in which the courts which have conducted first-instance trial of the cases are based or civil judgment enforcement agencies are delegated to enforce the judgments ; receiving personal possessions and money from civil judgment enforcement agencies and handing them to inmates under the Law on Enforcement of Civil Judgments;
e) Cooperating with civil judgment enforcement agencies in providing information about places where inmates serve their prison sentences, the exercise of civil rights and performance of civil obligations of inmates, to the places of residence of persons who are granted pardon, exempted from serving prison sentences or parolees; transferring documents related to inmates sentenced to payment of fines, confiscation of property and other civil obligations;
g) Issuing certificates of complete serving of prison sentence and certificates of parole;
h) Carrying out procedures for handling cases of deceased inmates;
i) Escorting, delivering foreign inmates under court decisions on the transfer of persons currently serving prison sentences; admitting, and managing the incarceration, education and rehabilitation of Vietnamese inmates who committed crimes and were sentenced to prison in foreign countries and have been transferred to Vietnam for serving their sentences; implementing the provisions of this Law on execution of the expulsion sentence;
k) Following statistics and report regulations on execution of prison sentences;
l) Performing other tasks and powers as per the law.
2. Superintendents have the following tasks and powers:
a) Organizing the performance of tasks and powers of prisons as provided in Clause 1 of this Article;
b) Issuing decisions to classify inmates and organize incarceration of inmates according to their categories; decisions on inmate's performance grade, decisions on upgrading or downgrading in inmate's category, decisions on recognition of inmate convicted of disciplinary offence making progress, decisions on certain initial investigation measures in accordance with laws and regulations, decisions on suspension of wanted notice upon successful capture of inmates escaping from prison; and decisions on commendation for and disciplinary actions against inmates;
c) Deciding to check, seize and handle articles and documents on the ban list;
d) Issuing decisions to transfer inmates for medical examination and treatment, management, labor and learning purposes; to transfer inmates who suffer illnesses so serious that they cannot take care of themselves or have children under 36 months of age residing with their mothers in prison and suffering illnesses which require treatment to treatment wards at hospitals;
dd) Releasing wanted notices and cooperating in organizing forces to promptly pursue inmates escaping from prison.
3. Deputy superintendents shall perform tasks and powers of a prison superintendent as assigned or authorized by the prison superintendent and take responsibility for assigned or authorized tasks.
4. A prison shall be organized as follows:
a) A prison has prison departments, incarceration sectors and prison cells, facilities serving incarceration management, daily living, education and health care of inmates; work and vocational zones under management of the prison; facilities serving work and daily living of officers, professional soldiers, non­commissioned officers, soldiers, and workers in the prison;
b) The management apparatus of a prison consists of superintendent, deputy superintendents, heads and deputy heads of prison departments, team leaders and deputy leaders; commissioned officers, professional soldiers, and non-commissioned officers; soldiers, and workers.
Superintendent, deputy superintendent, heads and deputy heads of prison departments, team leaders and deputy leaders must possess bachelor’s degrees or higher degrees in public security, security or law and satisfy other criteria as prescribed.
5. The Government shall elaborate Clause 4 of this Article.
Article 18. Tasks and powers of detention centers in execution of criminal judgments
1. Directly manage the incarceration, education and rehabilitation of inmates serving sentences in detention centers under this Law.
2. Request competent authorities to consider deciding reduction of the duration of serving prison sentences, suspension of the serving of prison sentences, parole granted to inmates.
3. Issue certificates of complete serving of prison sentence, certificates of parole to inmates in detention centers of the Ministry of Public Security, detention centers of the Ministry of National Defense.
4. Perform other tasks and powers under this Law.
Article 19. Tasks and powers of the People’s Committees of communes in execution of criminal judgments
1. The People's Committees of communes have the tasks and powers of supervising and educating persons who serve suspended sentences, community sentences, sentences of prohibition from residence, prohibition from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain citizenship rights; management of persons whose prison sentences are postponed or suspended, parolees; controlling and educating persons serving sentences of mandatory supervision.
2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.
3. With respect to districts which have no commune level, criminal judgment execution agencies of district-level police office shall perform tasks and powers as prescribed in Clause 1 of this Article.
Article 20. Tasks and powers of military units in execution of criminal judgments
Military units have the tasks and powers of supervising and educating persons who serve suspended sentences, community sentences, sentences of prohibition from residence, prohibition from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain citizenship rights; management of persons whose prison sentences are postponed or suspended, parolees.
Article 21. Tasks and powers of courts in execution of criminal judgments
1. Issue judgment execution decisions; decisions to set up councils for execution of the death sentence.
2. Issue or cancel decisions to postpone, suspend the serving of prison sentences; parole; decisions to suspend judgment execution; decisions on exemption from or reduce the duration of the serving of sentences; decisions to force persons on probation to serve the original prison sentences; decisions to extend the time limit for expulsion; decisions to shorten the probation period for persons serving suspended sentences, parolees.
3. Consider and permit the receipt of corpses of persons sentenced to death.
4. Send judgments and decisions to be executed and decisions stated in Clauses 1 and 2 of this Article, and related documents to agencies, organizations and individuals under this Law.
5. Issue decisions to receive Vietnamese inmates who committed crimes and were sentenced to prison in foreign countries and have been transferred to Vietnam for serving their sentences, transfer foreign inmates.
6. Issue decisions to seek mental health assessment of inmates showing signs of mental diseases or other diseases that have deprived them of the consciousness or act control capacity.
7. Follow statistics and report regulations on execution of criminal judgments within their competence.
8. Perform other tasks and powers under this Law.
Chapter III
EXECUTION OF PRISON SENTENCES
Section 1. PROCEDURES FOR EXECUTION OF PRISON SENTENCES AND REGIME OF MANAGEMENT OF INCARCERATION AND EDUCATION OF INMATES
Article 22. Decisions to execute prison sentences
1. A judgment execution decision must clearly indicate the full name and position of the decision maker; the judgment or decision to be executed; name of the agency responsible for executing the decision; full name, date of birth and place of residence of the convict; the duration of serving the prison sentence and the duration of serving additional penalty(ies). In case the convict is on bail, the decision must clearly state that, within 7 days after receiving the decision, the convict must present himself/herself at the criminal judgment execution agency of the district-level police office of the place where he/she resides or the criminal judgment execution agency of the military zone where he/she works.
2. Within 3 working days after issuing a decision to execute a prison sentence, the issuing court shall send the decision to the following individuals and agencies:
a) The sentenced person and his/her representative if the sentenced person is under 18 years of age;
b) The same-level procuracy;
c) The criminal judgment execution agency of the provincial-level police department or military zone;
d) The detention center where the sentenced person is held or the criminal judgment execution agency of the district-level police office in charge of the custody house where the sentenced person is held or the place of residence where the sentenced person is on bail;
dd) The Department of Justice of the province where the issuing court is based;
e) Ministry of Foreign Affairs in a case where the sentenced person is a foreigner.
Article 23. Execution of decisions to execute prison sentences
1. In case the person sentenced to prison is currently in detention, within 3 working days after receiving the judgment execution decision, the detention center of the provincial-level police department or the criminal judgment execution agency of the district-level police office shall serve the judgment execution decision on such person and report it to the criminal judgment execution agency of the provincial-level police department. Within 5 working days after receiving the report, the criminal judgment execution agency of the provincial-level police department shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment execution management agency of the Ministry of Public Security. In case the person sentenced to prison is currently held in a detention center of the Ministry of Public Security, this detention center shall serve the judgment execution decision on such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of Public Security. If the sentenced person is convicted of another criminal offense, the prison shall serve the new judgment execution decision on such person.
Within 5 working days after receiving the report of the criminal judgment execution agency of the provincial-level police department or detention center of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of Public Security shall issue a decision to send the sentenced person to serve the sentence.
2. In case the person sentenced to prison is currently in detention center of military zone, within 3 working days after receiving the judgment execution decision, the prison shall serve the judgment execution decision on such person and report it to the criminal judgment execution management agency of military zone. Within 5 working days after receiving the report, the criminal judgment execution agency of military zone shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment execution management agency of the Ministry of National Defense. In case the person sentenced to prison is currently held in a detention center of the Ministry of National Defense, this detention center shall serve the judgment execution decision on such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of National Defense. If the sentenced person is convicted of another criminal offense, the prison shall serve the new judgment execution decision on such person.
Within 5 working days after receiving the report of the criminal judgment execution agency of military zone or detention center of the Ministry of National Defense, the criminal judgment execution management agency of the Ministry of National Defense shall issue a decision to send the sentenced person to serve the sentence.
3. Pending transfer to a place for serving his/her prison sentence, the sentenced person is eligible for the regime applicable to inmates.
4. If the person sentenced to prison is on bail, within 7 days after receiving the judgment execution decision, he/she must present himself/herself at the head office of the criminal judgment execution agency of the district-level police office or military zone indicated in the decision. If he/she fails to appear within the time limit, the criminal execution and judicial assistance police or judicial guards shall escort him/her to serve his/her sentence.
If the person sentenced to prison escapes while on bail, the criminal judgment execution agency of provincial-level police department or the criminal judgment execution agency of military zone shall release a wanted notice and organize the pursuit; if such person suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall seek mental health assessment; if the assessment report certifies that such person suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall request the court which issued the judgment execution decision to issue a decision on application of judicial measure of compulsory medical treatment.
If a person sentenced to prison dies while on bail, the criminal judgment execution agency of district-level police office or of military zone shall request the court which issued the judgment execution decision to issue a decision to suspend judgment execution.
Article 24. Procedures for postponement of the serving of a prison sentence
1. For a person sentenced to prison who is on bail, the chief judge of the court which has issued the judgment execution decision may himself/herself or at the written request of the sentenced person or the written request of the same-level procuracy, the criminal judgment execution agency of the district-level police office of the place in which such person resides or the criminal judgment execution agency of the military zone in which such person works or resides, issue a decision to postpone the serving of the sentence. Such written requests must be addressed to the court which has issued the judgment execution decision and enclosed with related papers.
2. Within 7 days after receiving a written request for postponement of the serving of a prison sentence, the chief judge of the court which has issued the judgment execution decision shall consider it and make a decision. In case of non-approval for the request, the chief judge of the court shall give a written reply to the entity that made the request and a notice to the same-level procuracy, providing explanation in writing.
3. Within 3 working days after issuing a decision to postpone the serving of a prison sentence, the issuing court shall send the decision to the following individuals and agencies:
a) The person whose sentence is postponed and his/her representative if such person is under 18 years of age;
b) The same-level procuracy;
c) The criminal judgment execution agency of district-level police office or of military zone where the person whose sentence is postponed resides or works;
d) The Department of Justice of the province where the issuing court is based;
dd) Ministry of Foreign Affairs in a case where the person whose sentence is postponed is a foreigner.
Article 25. Execution of decisions to postpone the serving of prison sentences
1. Upon receiving a court decision to postpone the serving of the sentence, the criminal judgment execution agency of the district-level police office or the criminal judgment execution agency of the military zone shall stop carrying out procedures for sending the sentenced person to serve his/her sentence, send a copy of the decision to postpone the serving of the prison sentence to the People’s Committee of commune where the person whose sentence is postponed resides or the military unit which is authorized to control such person and establish dossier of execution of decision to postpone the serving of the prison sentence.
2. Within 3 working days after receiving the decision to postpone the serving of the prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall summon the person whose sentence is postponed to the People’s Committee of commune where such person resides or the military unit which manages such person is based to give him/her the decision and require him/her to make a written commitment to strictly comply with law. The person whose prison sentence is postponed must present himself/herself as indicated in the subpoenas, except for force majeure events or objective hindrance. If the person whose prison sentence is postponed fails to make such a commitment, the criminal judgment execution agency of district-level police office or of military zone shall make a report and notify the court which has issued the decision to postpone the serving of the prison sentence to take actions within their authority.
If the person whose sentence is postponed fails to be present upon the subpoenas, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with the People’s Committee of commune or military unit to conduct verification and requires the person to be present at the People’s Committee of commune or military unit to give the decision and require him/her to make a written commitment to strictly comply with law.
If person whose sentence is postponed cannot present himself/herself upon the subpoenas because he/she has received treatment at hospital or home due to his/her serious illness, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with the People’s Committee of commune, military unit and the concerned hospital or family in carrying out the procedures for notice and commitment to comply with law.
3. Within 3 working days after receiving the copy of the decision to postpone the serving of the prison sentence, the People’s Committee of commune or military unit shall prepare the dossier of the person whose sentence is postponed.
The People’s Committee of commune or military unit in charge shall send monthly reports on management of the person whose sentence is postponed to the criminal judgment execution agency of district-level police office or of military zone.
The person whose sentence is postponed may not leave his/her place of residence during the postponement period without consent of the People’s Committee of commune or military unit in charge and must present himself/herself upon subpoenas of that People’s Committee of commune or military unit.
The change of place of residence or work of the person whose sentence is postponed shall conform to Article 68 of this Law.
If the person whose sentence is postponed has received treatment at a hospital located outside the place of residence due to his/her serious disease, the People’s Committee of commune or military unit in charge shall cooperate with his/her family to manage him/her.
4. During the postponement period, if the person whose sentence is postponed commits a new crime, escapes or violates the law adversely affecting the security, social safety and order, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to request the competent chief judge to consider issuing a decision to cancel the decision to postpone the serving of the prison sentence.
Within 3 working days after issuing a decision to cancel the decision to postpone the serving of a prison sentence, the issuing court shall send the decision to the individuals and agencies prescribed in Clause 3 Article 24 of this Law. Immediately after obtaining the decision of the court, the criminal judgment execution agency of district-level police office or of military zone shall execute the judgment.
If the person whose sentence is postponed escapes, the criminal judgment execution agency of district-level police office or of military zone shall release a wanted notice and organize the pursuit.
5. During the postponement period, if the person whose sentence is postponed dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to request the court which issued the decision to postpone the serving of the prison sentence to issue a decision to cancel the decision to postpone the serving of the prison sentence and carry out related procedures.
6. At least 7 days before the expiration of the postponement duration of the serving of a prison sentence, the chief judge of the court which has decided to postpone the serving of the prison sentence shall make a written notice and send it to the sentenced person and the agency referred to in Clause 3, Article 23 of this Law. After 7 days from the expiration of postponement duration of the serving of a prison sentence, if the person whose sentence is postponed fails to present him/herself at the criminal judgment execution agency of district-level police office or of military zone to serve the sentence, the head of the criminal judgment execution agency of district-level police office or of military zone shall issue a decision to escort the sentenced person for judgment execution except for force majeure events or objective hindrance.
7. With regard to a person who has his/her sentence postponed due to his/her serious disease, if he/she still gives the health reason to avoid the serving of sentence despite his/her signs of recovery from disease or he/she shows signs of mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office where he/she resides or the criminal judgment execution agency of military zone which manages him/her shall seek health assessment from at least a provincial or military zone-level hospital or seek mental health assessment from a competent mental health assessment agency.
If the assessment report shows that the person whose sentence is postponed has made a recovery from disease, the criminal judgment execution agency of district-level police office or of military zone shall send that person to the place where he/she will serve the sentence and notify the court which has issued the decision to postpone the serving of the sentence.
If the assessment report shows that that person suffers mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall request the chief judge of court who has issued the judgment execution decision to issue a decision to cancel the decision to postpone the serving of the prison sentence and apply judicial measures of compulsory medical treatment.
The assessment costs shall be borne by the assessment agency.
Article 26. Dossiers of sending sentenced persons to serve their prison sentences
1. A dossier of sending of a sentenced person to serve his/her prison sentence must fully comprise the following documents:
a) The legally effective court judgment or decision; in case of appellate, cassation or re-opening trial, the first-instance judgment is also required;
b) The decision to execute the prison sentence;
c) The decision of criminal judgment execution management agency to send the sentenced person to a prison or detention center, or a criminal judgment execution agency of district-level police office;
d) The personal identification statement of the sentenced person;
dd) A copy of the passport or proof of citizenship of the sentenced person who is a foreigner;
e) The medical certificate and other documents relevant to the health of the sentenced person;
g) A remark sheet on the observance of regulations of the detention center or custody house by the sentenced person while being held in temporary detention;
h) Other relevant documents.
2. If a mother brings her child to a prison with her, a birth certificate is required. If the birth certificate is not available, a certificate of live birth issued by the health facility where the child was born or document made by the witness if the child was born outside the health facility is required; if none of above document is available, a written report of the criminal judgment execution agency of district-level police office or detention center to send the sentenced person to the prison for judgment execution and a commitment made by the mother that she gave birth to a child. The prison shall register birth for the child being brought to the prison with his/her mother in accordance with law on civil registration and management.
3. The criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments, criminal judgment execution management agencies of district-level police offices, criminal judgment execution management agencies of military zones shall complete the dossiers prescribed in Clause 1 of this Article, send the sentenced persons and hand over enclosed dossiers to the prisons, detention centers, or criminal judgment execution management agencies of district-level police offices which are designated to execute the judgments.
Article 27. Rights and obligations of inmates
1. Inmates have the rights to:
a) Have their lives, health, assets, dignity protected and respected; having been informed of their rights and obligations and regulations of places of detention;
b) Receive board and lodging, clothes, personal care, health care as prescribed; receive letters, gifts, money; read books, newspaper, listen to the radio, watch television in conformity with conditions of the place where they serve the sentence;
c) Participate in physical training and sports, cultural and performance activities;
d) Participate in work, study, apprenticeship activities;
dd) Meet and contact with relatives, representatives of agencies, organizations, and individuals; or have consular visit and contact in case of foreign inmates;
e) Conduct civil transactions as per the law by themselves or via their representatives;
g) Lodge complaints and denunciation; request amnesty or claim damages as per the law;
h) Participate in voluntary social insurance, enjoy policies on social insurance as per the law;
i) Use prayer books, express religious belief and faiths as per the law;
k) Receive commendation upon their high performance during their serving time.
2. Inmates have the following obligations to:
a) Serve the legally effective court judgment or decision, abide by decisions of criminal judgment execution management agencies, criminal judgment execution agencies during their serving time and other decisions of competent authorities;
b) Abide by regulations of the place of detention, serving emulation standards;
c) Abide by requests, orders and instructions of officials of places of detention;
d) Work, study and learn skilled trade as prescribed;
dd) Pay damages if they break, lose or destroy assets of other people.
3. Inmates have other rights and obligations as prescribed in this Law.
Article 28. Admission of persons sentenced to prison
1. The prisons, detention centers or criminal judgment execution agencies of district-level police offices designated for judgment execution shall receive persons sentenced to prison with complete dossiers as prescribed in Clause 1 Article 26 of this Law.
2. In admitting a person sentenced to prison, the prison, detention center, or criminal judgment execution agency of district-level police office shall have the following responsibilities:
a) Check if the person sentenced to prison and the one indicated in the judgment execution decision of the court is the same person;
b) Make an admission record of person sentenced to prison; transfer note of documents and materials;
c) Check the person sentenced to prison; check and deal with such person’s belongings before he/she brings them into the prison cell;
d) Provide health check-ups for persons sentenced to prison and children under 36 months of age residing with their mothers in prison (if any);
dd) Explain rights and obligations of inmates; inform internal regulations of the place of detention.
3. The admitting agencies shall inform inmates of the following regulations for compliance:
a) Only bringing necessary belongings to the prison cell; handing over unused personal possessions, cash, valuable papers, payment cards, gold, silver, gemstones and precious metals to the prison, detention center or the criminal judgment execution agency of the district-level police office for management. Should an inmate wishes to send cash and personal possessions to a relative or lawful representative at his/her own expenses, the prison or detention center or the criminal judgment execution agency of the district-level police office shall send such cash and possessions to that relative or lawful representative or hand them over in person to such person at the place in which the inmate serves his/her sentence;
b) May not use cash and valuable papers in the place in which they serve their sentences. Inmates may buy food, foodstuffs and other commodities for their daily needs at the place in which they serve their sentences in the form of making book entries;
c) May not bring the in place where they serve the sentences articles on the ban list promulgated by the Minister of Public Security or the Minister of National Defense.
4. Within 5 working days after admitting a sentenced person, the prison or detention center or the criminal judgment execution agency of the district-level police office shall notify it to the court which has issued the judgment execution decision and to relatives of such person and report it to the criminal judgment execution management agency.
Article 29. Inmate dossiers
1. Inmate dossiers include those prescribed in Clause 1 and Clause 2 Article 26 of this Law.
2. Admission record of person sentenced to prison; transfer note of documents; transfer note of cash and other assets deposited by person sentenced to prison or to relatives or representatives of such person; decision or record of dealing with articles under the ban list (if any).
3. Documents on inmate’s compliance with regulations on serving of prison sentence; medical reports, examination and treatment records; documents on inmate's performance of civil rights and obligations; records or decisions on disciplinary measures against violations of internal regulations of place of detention, law on execution of prison sentence, relevant documents on handling of complaints and denunciation, requests of sentenced person, documents on consular visit and contact (if any).
4. Other relevant documents during the serving time.
Article 30. Incarceration of inmates
1. A prison shall organize inmate incarceration as follows:
a) Prison sectors for inmates serving sentences of over 15 years' imprisonment or life imprisonment and inmates committing dangerous recidivism;
b) Prison sectors for inmates serving sentences of 15 years or less in prison, inmates serving sentences of over 15 years’ imprisonment which have been reduced to under 15 years for good rehabilitation records; inmates who commit dangerous recidivism, have served half their sentences and have their sentences reduced;
c) Disciplinary cells for inmates who are disciplined.
2. In prison sectors referred to in Clause 1 of this Article, the following inmates shall be held separately:
a) Female inmates;
b) Inmates under 18 years of age;
c) Foreign inmates;
d) Inmates with infectious diseases category A as prescribed in the Law on Prevention and Treatment of Infectious Diseases;
dd) Inmates showing signs of mental diseases or other diseases that have deprived them of the consciousness or act control capacity pending a court decision;
e) Inmates with children under 36 months of age residing with their mothers in prison;
g) Inmates who repeatedly violate detention internal regulations.
3. Inmates who are LGBT or whose gender is unidentified may be held in segregation.
4. In a detention center, inmates referred to in Points a and g Clause 2 of this Article shall be held separately.
5. Inmates shall be divided into teams and groups for working, learning and other activities. Depending on the characteristics of crimes, sentence levels and personal characteristics of inmates and their rehabilitation records, superintendents of prisons or detention centers shall decide the classification and transfer of inmates between prison sectors.
Article 31. Regime for learning and vocational training of inmates
1. Inmates are entitled to learn law and civil education and learn literacy skills and jobs. Illiterate inmates are entitled to learn how to read and write. Foreign inmates are encouraged to learn Vietnamese. Learning and vocational training shall be held one day per week, except for Sunday and holidays as per the law.
2. Based on management and education requirements and length of imprisonment of inmates, prisons, detention centers shall provide teaching for inmates; according to actual conditions, criminal judgment execution agencies of district-level police offices shall provide teaching for inmates.
3. Learning and vocational training programs for inmates shall be regulated by the Government.
Article 32. Labor regime of inmates
1. Inmates shall be assigned jobs fit for their age, health and in conformity with management, education and community integration requirements. They shall work under surveillance and management of the prisons or detention centers. The working time of inmates may not exceed 8 hours per day and 5 days per week. They may have days off on Sundays and holidays as per the law. In unexpected or seasonal cases, the superintendent may ask inmates to work overtime but not exceeding the statutory extra hours of work per day as prescribed in labor law. Inmates working overtime or on days off are entitled to receive compensatory time-off or allowances in cash or kind.
Prisons must adopt necessary measures to ensure occupational safety and hygiene for inmates.
2. Female inmates shall be assigned jobs suitable to their gender; it is prohibited to assign them jobs on the list of jobs banned from employment of female laborers in accordance with labor law.
3. Inmates suffering a disease or physical or mental defects are entitled to exemption from work or reduction of working hours, depending on the degree and nature of such disease and prescriptions of the infirmary of their prison or detention center.
4. An inmate may take days off in any of the following cases:
a) The inmate is sick or is unfit for work and is certified by the infirmary;
b) The inmate has received treatment at a health facility;
c) The child under 36 months of age residing with that female inmate is sick and certified by the infirmary;
d) The pregnant female inmate takes days off before and after giving birth as prescribed in labor law.
Article 33. Work organization for inmates
1. Based on age, health, gender, sentence level, nature and severity of criminal offenses of inmates; land, resources, fields, equipment, facilities, supplies and sources of funds under management of the prison and specific conditions of the prison; ability to cooperate with organizations and individuals to organize work for inmates, the superintendent shall prepare an annual plan for the work organization for inmates and send it to the criminal judgment execution management agency of the Ministry of Public Security or the criminal judgment execution management agency of the Ministry of National Defense for approval.
2. The annual plan for work organization for inmates must contain at least:
a) Total number of inmates, specifying number of inmates fit for work as per the law;
b) Estimated costs for work; fixed asset depreciation;
c) Expected work performance of inmates; differences between revenue and expenditures in work organization for inmates;
d) Proposed plan for use of labor fruits of inmates.
3. The prison shall conduct the work organization for inmates in conformity with the plan approved by the competent authority prescribed in Clause 1 hereof.
4. The Government shall elaborate this Article.
Article 34. Use of inmates' labor fruits
1. Inmates’ labor fruits, less reasonable costs, shall be used for:
a) Increasing food rations for inmates;
b) Set up a community integration fund to support inmates after completely serving their full prison sentences;
c) Supplementing the prison's welfare and reward funds;
d) Re-investing in the prison to fund the organization of labor, education and job training for inmates; improve workmanship for inmates who are about to completely serve their full prison sentences;
dd) Pay partial remuneration to inmates who directly engage in labor; provide supports for inmates who meet with labor accidents.
2. Inmates may use their monetary rewards prescribed in Point c Clause 1 hereof and remuneration earned prescribed in Point dd Clause 1 hereof, or deposit them at their prisons' safekeeping and receive them back upon completely serving their full prison sentences.
3. The collection and spending of money generated from work and job learning activities of inmates is stipulated as follows:
a) The prison shall open accounting books and record and account all financial revenues earned and expenses incurred and make financial statements according to the non-business administrative accounting regime. All revenues earned and expenses incurred associated with work and job learning activities of inmates shall be reflected in the prison's accounting book system;
b) The prison shall include all expenses specified in Clause 1 of this Article in product costs;
c) A report on revenues from and expenditures for inmate labor in the prison is a consolidated report on figures, status and results of revenues and expenses arising from the organization of inmate labor. Superintendents shall make such consolidated reports and detailed explanation reports on results of revenues from and expenditures for inmate labor and send them to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense;
d) The criminal judgment execution management agencies of the Ministry of Public Security and the Ministry of National Defense shall evaluate and approve reports on results of revenues from and expenditures for inmate labor and report them to the financial management agencies of the Ministry of Public Security and the Ministry of National Defense for inclusion in annual budget settlement reports of the Ministry of Public Security and the Ministry of National Defense in accordance with law.
4. The Government shall elaborate this Article.
Article 35. Inmate's performance grade
1. During their serving time, inmates shall have their performance remarked and graded weekly, monthly, quarterly, biannually or annually. The remarks and grading shall be carried out in an impartial, fair, public, democratic and continuous manner.
2. Based on their satisfaction of emulation standards, compliance with internal regulations of places of detention, and their performance in study, rehabilitation efforts, their remedial measures for damages caused by their offense, inmates shall be remarked and graded from very good, good, average to poor.
3. Quarterly, biannual and annual Inmate’s performance grade shall be made in writing and included in the inmate dossier. An inmate making merits shall have his/her serving performance upgraded.
4. The Government shall elaborate this Article.
Article 36. Procedures for requesting suspension the serving of prison sentences
1. The competence to request suspension of the serving of a prison sentence rests with:
a) Prisons and detention centers of the Ministry of Public Security; detention centers of the Ministry of National Defense;
b) Criminal judgment execution agencies of the provincial-level police department and of military zones;
c) Provincial-level people's procuracies and military procuracies of military zones.
2. Competent agencies in the places in which inmates are serving their sentences referred to in Clause 1 of this Article shall compile dossiers to request suspension of the serving of prison sentences and send them to competent courts for consideration and decision.
3. Within 7 days after receiving dossiers of request, chief judges of provincial-level courts of the places or military courts of military zones in which inmates are serving prison sentences shall consider these dossiers and make decision. In case of non-approval for the request, the chief judge of the court shall give a reply to the agency which made the request and notify the same-level procuracy, providing explanation in writing.
4. Suspension of the serving of a prison sentence for trial according to cassation or reopening procedures shall be decided by persons who have lodged protests.
Article 37. Execution of decisions to suspend the serving of prison sentences
1. Immediately after issuing a decision to suspend the serving of a prison sentence, the issuing court shall send this decision to the following individuals and agencies:
a) The person whose sentence is suspended and his/her representative if such person is under 18 years of age;
b) The agency requesting the suspension, the prison, detention center or criminal judgment execution agency of the district-level police office of the place in which the person concerned is serving his/her prison sentence;
c) The criminal judgment execution agency of the district-level police office, the People’s Committee of commune where the person whose sentence is suspended resides or the military unit manages him/her;
d) The same-level procuracy;
dd) The court that issued the judgment execution decision;
e) The Department of Justice of the province where the issuing court is based;
g) Ministry of Foreign Affairs if the person whose sentence is suspended is a foreigner.
2. If the director of a procuracy issues a decision to suspend the serving of a prison sentence, this decision shall be sent to the provincial-level Justice Department of the place in which the procuracy is based and to the individual and agencies specified at Points a, b, c, dd and g, Clause 1 of this Article.
3. The prison, detention center or criminal judgment execution agency of the district-level police office directly managing the person whose sentence is suspended shall deliver such person to the commune-level People's Committee of the place in which he/she comes to reside or to the army unit assigned to manage such person; his/her relatives are obliged to receive such person.
If the person whose sentence is suspended has suffered a serious disease and has received treatment at a hospital, the prison, detention center or criminal judgment execution agency of district-level police office shall deliver him/her to his/her relatives at the hospital, make a record of transfer of inmate, notify and send the record of transfer to the criminal judgment execution agency of district-level police office or military zone. The criminal judgment execution agency of district-level police office where such person resides or criminal judgment execution agency of military zone assigned to manage such person shall cooperate with his/her relatives in monitoring and managing him/her while he/she has being received treatment at the hospital. When such person is discharged from the hospital, the criminal judgment execution agency of district-level police office where such person resides or criminal judgment execution agency of military zone assigned to manage such person shall transfer him/her to the People’s Committee of commune where he/she comes to reside or the military unit assigned to manage him/her.
4. Within 3 working days after receiving the decision on suspension of the serving of prison sentence, the criminal judgment execution agency of district-level police office where such person resides or criminal judgment execution agency of military zone assigned to manage such person shall prepare a dossier on execution of the decision on suspension.
Within 3 working days after receiving the transfer or transfer note of the person whose sentence is suspended, the People’s Committee of commune where he/she comes to reside or the military unit assigned to manage him/her shall prepare a dossier on management of him/her.
During the suspension period, the person whose sentence is suspended may not leave his/her place of residence without consent of the People’s Committee of commune where he/she comes to reside or the army unit assigned to manage him/her; report his/her compliance with regulations at the request of the People’s Committee of commune where he/she comes to reside or the army unit assigned to manage him/her; and voluntarily notify the criminal judgment execution agency of district-level police office or of military zone of expiration of the suspension period or his/her recovery from the disease to keep serving the sentence.
The People’s Committee of commune where he/she comes to reside or the army unit assigned to manage him/her shall monitor and supervise him/her, consider granting his leaving the place of residence or place of work; convene him/her to report his/her compliance with law during the suspension period; and send monthly reports on management of such person to the criminal judgment execution agency of district-level police office or of military zone.
5. The resumption of the serving of a prison sentence by a person whose sentenced is suspended is as follows:
a) At least 7 days before the expiration of the suspension period, the chief judge of the court which issued the decision on suspension of serving the prison sentence shall make a written notice and send it to the individuals and agencies prescribed in Clause 1 hereof. After 7 days from the expiration of suspension period of the serving of a prison sentence, if the person whose sentence is suspended fails to present him/herself at the criminal judgment execution agency of district-level police office or of military zone to serve the sentence, the head of the criminal judgment execution agency of district-level police office or of military zone shall issue a decision to escort the sentenced person for judgment execution except for force majeure events or objective hindrance;
b) With regard to a person who has his/her sentence suspended due to his/her serious disease, if he/she still gives the health reason to avoid the serving of sentence despite his/her signs of recovery from disease or he/she shows signs of mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office where he/she resides or the criminal judgment execution agency of military zone which manages him/her shall seek health assessment from at least a provincial or military zone-level hospital or seek mental health assessment from a competent mental health assessment facility.
If the assessment report shows that the person whose sentence is suspended has made a recovery from disease, the criminal judgment execution agency of district-level police office or of military zone shall send that person to the place where he/she will serve the sentence and notify the court which has issued the decision to suspend the serving of the sentence.
If the assessment report shows that that person suffers mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall request the chief judge of court who has issued the judgment execution decision to issue a decision to cancel the decision to suspend the serving of the prison sentence and apply judicial measures of compulsory medical treatment.
The assessment costs shall be borne by the assessment agency.
6. During the suspension period, if the person whose sentence is suspended commits a new crime, escapes or violates the law adversely affecting the security, social safety and order, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the decision on suspension. Within 3 working days after receiving the notice, the court which issued the decision on suspension shall consider issuing a decision to cancel the decision to suspend the serving of a prison sentence and send the decision to the criminal judgment execution agency of district-level police office, the criminal judgment execution agency of military zone, and the same-level procuracy.
If the person whose sentence is suspended escapes, the criminal judgment execution agency of provincial-level police department or the criminal judgment execution agency of military zone shall release a wanted notice and organize the pursuit.
7. If the person whose sentence is suspended dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the decision to suspend the serving of the prison sentence and the court which issued the judgment execution decision. If the person whose sentence is suspended dies while he/she has received treatment at hospital as prescribed in Clause 3 hereof, the criminal judgment execution agency of district-level police office or of military zone shall notify the court which issued the decision to suspend the serving of the prison sentence, the court which issued the judgment execution decision, and the same-level procuracy.
Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it to the agencies prescribed in Points b, c, d, e and g Clause 1 of this Article and the court which issued the decision to suspend the judgment execution.
Article 38. Procedures for reduction of the duration of serving prison sentence
1. Competent agencies specified at Points a and b, Clause 1, Article 31 of this Law may request reduction of the duration of serving prison sentences.
2. Agencies competent to request reduction of the duration of serving prison sentences shall compile dossiers and send them to provincial-level People's Courts and military courts of military zones in which the inmates concerned are serving their sentences for consideration and decision, and a dossier to the same-level procuracies. A request dossier comprises:
a) A copy of the judgment: for consideration of reduction of the sentence from the second time on, a copy of the judgment execution decision is required instead;
b) A written request of the competent agency for the reduction;
c) Quarterly, biannual and annual assessment grades of the serving of the prison sentence; commendation decision(s) or certificate(s) of the inmate's merits issued by competent agency(ies);
d) The conclusion of a provincial- or military zone- or higher-level hospital or medical examination council on the illness, for inmates suffering a fatal disease or a document showing that inmate is a decrepit old person;
dd) A copy of the decision to reduce the duration of serving the prison sentence, for inmates who have been granted a reduction;
e) Proof of compensation for civil obligations paid by the person whose duration of serving prison sentence is requested for reduction.
3. Within 15 days after receiving a request dossier for reduction of the duration of serving the prison sentence, the chief judge of people's court of province or the chief judge of military court of the military zone in which the inmate is serving his/her sentence shall establish a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
4. Within 3 working days after issuing a decision to reduce the duration of serving the prison sentence, the court shall send this decision to the sentenced person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based, Ministry of Foreign Affairs in a case where the sentenced person concerned is a foreigner.
5. The consideration for reduction of the duration of serving prison sentences shall be carried out 3 times a year. A sentenced person may only be considered for reduction of the duration of serving prison sentence once a year. After the sentenced person is granted the reduction of duration of serving the prison sentence, if there are special grounds showing that he/she deserves greater leniency, such as he/she has made merits, is a decrepit old person or has suffered a fatal disease. He/she may be considered for further reduction of duration of serving prison sentence but not exceeding twice a year.
Article 39. Procedures for exemption from the serving of prison sentences
1. The people’s procuracy of province or military procuracy of military zone where the person serving a prison sentence resides or works shall compile a dossier to request the provincial-level people's court or the military court of the military zone to consider exempting such person from serving his/her prison sentence. A request dossier comprises:
a) A copy of the legally effective court judgment;
b) The written request of the competent chief procurator;
c) The inmate's petition for exemption from serving the prison sentence;
d) The inmate's statement on the merit or great merit he/she has made, certified by a competent agency, for inmates who have recorded merits or great merits, or the conclusion of a provincial-or military zone- or higher-level hospital or medical examination council on the illness of the inmate, for inmates suffering a fatal disease; the local government’s certification of the inmate’s good observance of law or severely disadvantaged family, for inmates who has observed the law well and has a severely disadvantaged family.
2. Within 15 days after receiving a dossier, the chief judge shall establish a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
3. Within 3 working days after issuing a decision to exempt the duration of serving the prison sentence, the court shall send this decision to the sentenced person concerned, the requesting agency, the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision and the People’s Committee of commune where the sentenced person concerned resides, the military assigned to manage such person or Department of Justice of province where the court which issued the decision is based, Ministry of Foreign Affairs in a case where the sentenced person concerned is a foreigner.
4. Immediately after receiving the exemption decision, the prison, detention center or criminal judgment execution agency of the district-level police office shall carry out procedures to set free such person and report the result to the superior criminal judgment execution management agency or criminal judgment execution agency.
Article 40. Transfer of inmates
1. A presiding authority or officer shall, when requiring transfer of an inmate, send a written request to the criminal judgment management agency, the criminal judgment execution agency of the provincial-level police department or of military zone where the requesting presiding authority or officer is based for requesting the competent agencies specified in Clause 2 of this Article to issue a transfer order. Upon receiving the transfer request, the competent agency shall issue an order to transfer the inmate.
2. The competence to transfer inmates for assisting in investigation, prosecution or trial activities is as follows:
a) The head of the criminal judgment execution management agency of the Ministry of Public Security shall issue transfer orders with respect to inmates in prisons and detention centers of the Ministry of Public Security;
b) The head of the criminal judgment execution management agency of the Ministry of National Defense shall issue transfer orders with respect to inmates in prisons and detention centers of the Ministry of National Defense; heads of criminal judgment execution agencies of military zones shall issue transfer orders with respect to inmates currently serving their sentences in prisons and detention centers of military zones;
c) Heads of criminal judgment execution agencies of provincial-level police departments shall issue transfer orders with respect to inmates currently serving sentences in detention centers or to inmates directly managed by criminal judgment execution agencies of district-level police offices.
3. In case of transfer of inmates for their incarceration, education and rehabilitation or medical examination and treatment or medical examination and treatment provided for children residing with mothers in prison at health facilities, the superintendent of prison or detention center or the head of criminal judgment execution agency of district-level police office shall issue transfer orders.
4. A transfer order must at least contain:
a) Agency, full name, position and rank of the issuer;
b) Full name, date of birth, registered place of residence of the inmate to be transferred, his/her date of arrest, crime, duration and place of serving the prison sentence;
c) Purpose and length of transfer;
d) Agency, the person to receive the transferred inmate (if any);
dd) Date of issuance of the order; signature and seal of the issuer.
5. The superintendent of prison or detention center, or the head of criminal judgment execution agency of district-level police office shall check, deliver and make a report of the transfer of the transferred inmate. If the transfer length is at least 2 months and equals to the remainder of the sentence duration of the inmate concerned, his/her dossier and other articles, money and assets (if any) shall also be transferred with him/her in order for the receiving authority or person to issue a certificate of complete serving of sentence upon the expiration of the sentence and record it in the transfer monitoring book.
The criminal judgment execution agency of the provincial-level police department or of the military zone where the presiding authority or officer requesting the transfer is based or works shall receive, escort and manage the transferred inmate and his/her dossier during the time of transfer.
6. In case the transferred inmate needs to be taken out of the place in which he/she is serving his/her sentence, the criminal judgment execution agency of the provincial-level police department or military zone receiving such inmate must ensure board and lodging for him/her under law during the time of transfer. Pursuant to the transfer order, the detention center or custody house in the place of the investigation, prosecution or trial agency requesting the transfer shall manage the transferred inmate as per the law.
7. In case the transferred inmate is not taken out of the place in which he/she is serving his/her prison sentence, the prison, the detention center or the criminal judgment execution agency of the district-level police office shall provide board and lodging for and manage such inmate when the agency or person receiving the transferred inmate does not work with him/her.
8. At the expiration of the transfer duration, the agency receiving the transferred inmate shall send a notice to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense and the criminal judgment execution agency of the provincial-level police department or military zone and deliver the transferred inmate to the prison, detention center or district-level criminal judgment execution agency for further serving his/her sentence, unless the transfer length equals to the remainder of the sentence prescribed in Clause 5 hereof. If the relevant agency wishes to extend the transfer length, it shall request extension of the transfer length; the transfer length and extension of this length must not be longer than the remainder of the sentence served by the transferred inmate.
9. The transfer length shall be included in the duration of serving the prison sentence, unless the inmate escapes during the transfer duration.
The transfer will not affect the consideration for reduction of the duration of serving prison sentence or parole granted to inmates.
Article 41. Commendation given to inmates
1. While serving his/her prison sentence, an inmate who properly observes prison rules and regulations, makes achievements in work or records merits shall be commended and rewarded in one or more of the following forms:
a) Praise;
b) Reward in cash or in kind;
c) Increase of the number of phone conversations and visits with relatives, the number of receipt and quantities of presents.
2. Superintendents of prisons or detention camps of the Ministry of Public Security, superintendents of detention camps of the Ministry of National Defense, heads of criminal judgment execution agencies of provincial-level police departments and heads of criminal judgment execution agencies of military zones shall decide commendation given to inmates. Commendation shall be expressed in writing and recorded in inmates' files. Commended inmates will be given priority in the process of requesting reduction of the duration of serving prison sentences under law.
Article 42. Handling of cases of escaped inmates
1. When an inmate escapes, the prison or detention camp, the criminal judgment execution agency of the provincial-level police department or district-level police office or the criminal judgment execution agency of the military zone shall promptly organize pursuit for such inmate and report the criminal judgment execution management agency and notify the competent people’s procuracy. Within 24 hours from the time of detecting that an inmate has escaped, if the pursuit is still in vain, the superintendent of the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense, the head of the criminal judgment execution agency of the provincial-level police department or military zone shall release a wanted notice and organize the pursuit.
Every case of escape must be recorded in a report and subject to deterrent measures, investigation and handling under the criminal procedure law.
2. When an escaped inmate turns himself/herself in, the agency receiving him/her shall make a report and handle him/her according to its competence or deliver him/her to the nearest criminal judgment execution agency for handling under law.
Article 43. Handling of violating inmates
1. While serving his/her prison sentence, an inmate violating prison regulations or committing an illegal act shall be disciplined in any of the following forms:
a) Reprimand;
b) Warnings;
c) Confinement to a disciplinary cell for up to 10 days.
2. When being confined to a disciplinary cell, the inmate is not allowed to meet his/her relatives and may have his/her feet fastened in the stocks. Having feet put in stocks is not applied to female, minor and old and weak inmates.
3. Superintendents of prisons, superintendents of detention camps or heads of criminal judgment execution agencies of district-level police offices shall issue decisions to discipline inmates and insert these decisions in their files.
4. If the violation of an inmate show signs of a crime failing under the investigatory power of the superintendent of the prison or detention camp, the superintendent of the prison or detention camp shall issue a decision to institute a criminal case and carry out investigative activities under law. If such violation does not fall under his/her investigatory power, the superintendent shall request a competent investigative agency to initiate prosecution as per the law.
If the violation of an inmate being held in detention center or custody house of district-level police office show signs of a crime, the superintendent of the detention center, the head of criminal judgment execution agency of district-level police office shall request a competent investigative agency to initiate prosecution as per the law.
5. The Government shall elaborate this Article.
Article 44. Notification of inmate’s serving of sentences; cooperation with inmates' families, agencies, organizations and individuals in educating and reforming inmates
1. Prisons, detention centers, criminal enforcement agencies of district-level police offices shall biannually notify the inmate’s serving of sentences to their relatives.
2. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall cooperate with families of inmates, local administrations, agencies, organizations and individuals in paying attention to and encouraging inmates to actively learn, work and reform themselves in order to enjoy the State's clemency; support education and job training activities for inmates and prepare necessary conditions for their community re-integration after they have completely served their full prison sentences.
Article 45. Community re-integration
1. Prisons, detention centers, criminal judgment execution agencies of district-level police offices shall prepare necessary conditions for their community re-integration before they have completely served their full prison sentences, are granted amnesty or parole. Preparations for community re-integration:
a) Psychological counseling, assistance in legal procedures;
b) Career orientation, job seeking;
c) An amount of financial support set aside from the community integration fund of the prison.
2. Financial support for community re-integration shall be set aside from:
a) Funding allocated by state budget;
b) The community integration of the prison and other funds as per the law;
c) Voluntary contribution of agencies, organizations, and individuals and other legal revenue sources.
3. The State encourages agencies, organizations, units, and individuals to enable persons who have completely served their full sentences, persons granted amnesty or parole to re-integrate the community through the following measures:
a) Communications, education in community re-integration;
b) Vocational training, job creation;
c) Psychological counseling and assistance in legal procedures;
d) Other types of assistance.
4. The Government shall elaborate this Article.
Article 46. Release of inmates
1. Two months before an inmate completes his/her full prison sentence, the prison or detention center of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department or the military zone shall notify the criminal judgment execution agency of the district-level police office, the commune-level People's Committee of the place and the agency or organization in which such person will return to reside and work, or Ministry of Foreign Affairs in case the inmate is a foreigner. Such a notice must state their performance of serving of the prison sentence, additional penalty(ies) which the inmate still has to serve, and other relevant information necessary for the consideration, arrangement and building of a normal life for such person.
In case the inmate, upon completing his/her full prison sentence, does not know where to live, the prison or detention center of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department shall request the commune-level People's Committee of the place in which the inmate serves his/her sentence or another agency or organization to receive such person.
2. On the final day of the prison sentence of an inmate, the prison or detention center of the criminal judgment execution agency of the provincial-level police department or of military zone shall complete procedures as prescribed by law to release the inmate; issue a certificate of complete serving of prison sentence to the inmate and provide him/her with a sum of money from the community integration support fund and travel and meal allowances for returning to his/her place of residence or workplace; return to the inmate all papers, objects, money and possessions which he/she deposited at the place of serving the prison sentence.
3. During the time of transfer of an inmate from the place of serving his/her sentence for assistance in investigation, prosecution or trial activities, if the transfer length is at least 2 months and equals to the remainder of the sentence duration of the inmate concerned, the competent agency shall notify it to the agency receiving such person and related agencies as prescribed in Clause 1 hereof, issue a certificate of complete serving of the prison sentence to such inmate, and release him/her; and deal with related procedures, obligations, rights and interests of the transferred person under Clause 2 of this Article if that person will not be detained for any other offense under decision of the competent presiding authority.
4. Upon completing his/her full prison sentence, a foreign inmate shall be granted a certificate of complete serving of prison sentence and may stay at an accommodation establishment designated by the criminal judgment management agency pending completion of exit procedures.
5. The agency which has issued a certificate of complete serving of prison sentence shall send it to the National Center for Judicial Records (NCJR), the court which has issued the judgment execution decision, the agency responsible for executing additional penalty(ies) and the agency specified in Clause 1 of this Article, and send a written notice to the agency responsible for enforcing the civil part of the criminal judgment or decision.
Article 47. Execution of decisions to receive persons currently serving prison sentences
1. Execution of decisions to receive persons currently serving prison sentences overseas to Vietnam to serve their sentences:
a) Upon receiving a decision to execute the decision to receive a person currently serving a prison sentence from overseas to Vietnam to serve such sentence, the criminal execution and judicial assistance police shall receive such person and deliver him/her to a prison under a decision of the criminal judgment execution management agency of the Ministry of Public Security;
b) The regime for incarceration management, education and rehabilitation, rights and obligations applicable to delivered persons currently serving prison sentences shall conform to this Law and other relevant laws.
2. Execution of decisions to transfer persons currently serving prison sentences in Vietnam to overseas:
a) Upon receiving a decision to execute the decision to transfer a person currently serving a prison sentence in Vietnam to overseas, the prison shall deliver the inmate to the judicial assistance police. Such delivery shall be recorded in a minutes to be inserted in this person's dossier;
b) The criminal execution and judicial assistance police shall escort the transferred person to the place and at the time as agreed upon in writing by competent authorities of Vietnam and the transfer-requesting country.
3. The Government shall elaborate this Article.
Section 2. REGIMES FOR BOARD, CLOTHING, LODGING, DAILY LIVING AND HEALTH CARE FOR INMATES
Article 48. Regime for board and lodging for inmates
1. Inmates shall be provided with prescribed rations of rice, green vegetable, meat, fish, sugar, salt, fish sauce, cooking oil, monosodium glutamate, and fuel. For inmates doing heavy and hazardous jobs as prescribed by law, their food rations shall be increased but not exceeding two times the standard rations for normal days. On holidays prescribed by law, inmates will have additional food but not exceeding five times the standard rations for normal days.
Based on requirements of ensuring the health of inmates during incarceration, work and learning at the places of serving their sentences, the Government shall prescribe specific food rations suitable to economic and budget conditions and market price fluctuations. Superintendents of prisons, superintendents of detention centers and heads of criminal judgment execution agencies of district-level police offices may decide to swap food rations to meet practical needs in order to ensure that inmates eat up their food rations.
2. In addition of food rations prescribed in Clause 1 of this Article, inmates may use their presents and money to afford more food but not higher than three times the monthly food ration per inmate.
3. Inmates shall be provided with hygienic food and drink. Cooking for inmates shall be done by inmates themselves under the supervision and examination of the prison or detention center or the criminal judgment execution agency of the district-level police office.
Kitchens for inmates shall be equipped with necessary utensils for cooking food, boiling water and dividing food to inmates according to standard rations.
4. Inmates shall live in communal prison cells, excluding those who must be separately held under Points d, dd, e and g, Clause 2 and Clause 3, Article 30 of this Law. The minimum sleeping area per inmate is 2 square meters (m2). For an inmate having a small child to raise, she must have a sleeping area of at least 3 m2.
Article 49. Regime for clothing and personal belongings of inmates
Inmates shall be provided with uniform clothing, face towels, blankets, mats, mosquito nets, slippers, hats and soap, toothpaste and toothbrushes; female inmates shall be additionally provided with necessary articles for women hygiene. Working inmates shall be provided with labor protection outfits and, depending on specific working conditions, additional labor protection tools as necessary.
The Government shall elaborate this Article.
Article 50. Regime for physical exercise, sports and cultural and art activities and use of prayer books, expression of belief, religions of inmates
1. Inmates may participate in physical exercise, sports, cultural and art activities, read books, listen to radio and watch television suitable to the conditions of the places where they serve the sentences.
Each prison department may have a library, playing and sports grounds and be equipped with a public address system and each communal prison cell shall be equipped with a television set.
2. The timing of physical exercise, sports, cultural and art activities, reading books, listening to radio and watching television conforms to prison regulations.
3. Inmates practicing religions shall be entitled to use prayer books legally published in the printing form and express their belief and religions as per the law on belief and religions.
Article 51. Regimes toward female inmates who are pregnant or raising children under 36 months of age
1. Pregnant female inmates, unless they are allowed to postpone the serving of prison sentences, are entitled to regular or irregular prenatal check-ups and care when necessary; they are entitled to a shorter working time and a food and drink regime suitable to their health.
2. Pregnant female inmates are entitled to maternity leave before and after delivery under the labor law. During maternity leave, they shall be provided with food rations as prescribed by medical assistants or doctors, as well as food and necessary items for raising and caring their babies. Female inmates raising children under 36 months of age shall be given appropriate time to take care of and raise their children.
3. Children under 36 months of age and children from 36 months of age and older who reside with their mothers in prison, while waiting for admission to social protection establishments, shall be entitled to regimes for board, clothing, lodging, daily necessities and healthcare in accordance with exercising of children rights of the Law on Children.
4. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall carry out procedures to request birth registration for inmates' children. The People’s Committee of commune where the inmate serves his/her sentence shall register and issue the inmate with the birth certificate.
5. When the child reaches 36 months of age, a female inmate shall send him/her to his/her relatives for rearing. If no relative receives to rear such child, the prison or detention center of the Ministry of Public Security, detention center of the Ministry of National Defense or the criminal judgment execution agency of provincial-level police department shall request the provincial-level Department of Labor, War Invalids and Social Affairs of the place where the inmate serves her sentence to designate a social protection establishment to receive and rear the child. Within 15 days after receiving such request, the provincial-level Department of Labor, War Invalids and Social Affairs shall designate a social protection establishment to receive and rear the child. After completely serving her full prison sentence, the inmate is entitled to receive back her child from the social protection establishment.
6. A prison shall organize a nursery outside the incarceration sector to care for and rear children of inmates who are under 36 months of age or children of inmates who are 36 months of age or older pending admission to social protection establishments.
7. The Government shall elaborate this Article.
Article 52. Regime for visits of relatives and receipt of presents
1. Inmates may meet their relatives once a month for no more than one hour. According to the inmate's performance grade and requirements for education and rehabilitation, working and study achievements of inmates, the superintendent of prison or detention center, the head of criminal judgment execution agency of district-level police office shall consider granting extension of the visit duration but not exceeding 3 hours or granting a conjugal visit not exceeding 24 hours in a private room. Inmates who are commended or record merits may meet their relatives one more time in a month.
Inmates violating regulations of the place of detention may only meet relatives every 2 months for no more than one hour.
2. When a representative of an agency or organization or another individual requests to meet an inmate, the superintendent of the prison or detention center or the head of the criminal judgment execution agency of the district-level police office shall consider and settle the request.
3. When meeting their relatives and representatives of agencies or organizations or other individuals, inmates may receive letters, cash and articles, except those on the ban list. For cash, inmates shall deposit it with the prison, detention center or criminal judgment execution agency of the district-level police office for management. The management and use of articles and cash of inmates conforms with Points a, b and c Clause 3 Article 26 of this Law.
4. Inmates may receive cash and articles from their relatives twice a month by post. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall receive cash and articles sent to inmates from their relatives and open, check and handle them under law and deal with articles under the ban list as per the law.
5. In order to meet inmates, relatives of inmates shall bring with them visit books or visit applications certified by the commune-level People's Committee or police office of the place in which they reside or by the agency or organization at which they work or study. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall inform relatives of inmates of regulations on visits to inmates. Relatives of inmates shall observe these regulations.
A relative of a foreign inmate shall file an application with the criminal judgment execution management agency. Such application must be written in or translated to Vietnamese and certified by the diplomatic mission or consular office of the country of which the applicant is a citizen or the Vietnam-based representative office of the international organization in which the applicant works. If the relative of a foreign inmate is Vietnamese, such application must be certified by the commune-level People's Committee of the place in which the relative resides. Within 15 days after receiving an application, the criminal judgment execution management agency shall issue a reply to the applicant; in special cases, this time limit may be prolonged to 30 days at most.
6. Prisons, detention centers, criminal judgment execution agencies of district-level police offices shall arrange places for inmates to meet with their relatives and representatives of other agencies, organizations, and individuals.
7. The Minister of Public Security, the Minister of National Defense shall elaborate this Article.
Article 53. Consular visit and contact
1. A diplomatic mission or foreign consular office seeking consular visit and contact with an inmate who holds their nationality and has served a prison sentence in Vietnam shall send a written request to Ministry of Foreign Affairs. The request shall at least contain:
a) Name of the requesting diplomatic mission or consular office;
b) Full name, nationality of the inmate which they seek consular visit and contact with;
c) The prison where the inmate has served his/her sentence;
d) Full name and position of those who conduct consular visit and contact;
dd) Full name of the interpreter.
2. Within 3 working days after receiving the request, Ministry of Foreign Affairs shall notify the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense. Within 5 working days after receiving the notice, the competent criminal judgment execution management agency shall reply the request in writing to the diplomatic mission or consular office through Ministry of Foreign Affairs and require the diplomatic mission or consular office to apply for a letter of recommendation for consular visit and contact to the criminal judgment execution management agency.
Article 54. Regime for communication of inmates
1. Inmates may send 2 letters a month. Superintendents of prisons or detention centers and heads of criminal judgment execution agencies of district-level police offices shall examine and censor letters sent and received by inmates.
2. Inmates may have domestic telephone conversations with their relatives once a month for not more than 10 minutes each, except for urgent cases. Superintendents of prisons or detention centers and heads of criminal judgment execution agencies of district-level police offices shall consider allowing inmates to have telephone conversations and control this form of communication.
3. Inmates shall pay for their communication prescribed in Clauses 1 and 2 of this Article.
Article 55. Regime for medical care for inmates
1. Inmates are entitled to the disease prevention and control regime. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall cooperate with district-level health centers or military hospitals of the places in which the prisons, detention centers and criminal judgment execution agencies of district-level police offices are based in offering medical check-ups for inmates.
2. Sick or injured inmates shall be examined and treated at infirmaries of their prisons or detention centers or at the nearest health facilities. An inmate who suffers a serious disease or an injury beyond the treatment capability of these establishments shall be referred to a superior-level health facility for treatment; the prison, detention center or criminal judgment execution agency of district-level police office shall notify relatives of the inmate or his/her lawful representatives for joining in treating and caring for such inmate. His/her food, medicine and health restoration regimes shall be prescribed by the health facility.
Prisons and criminal judgment execution agencies of provincial-level police departments or military zones shall coordinate with provincial-level health facilities and military hospitals in building or arranging a number of separate rooms in these establishments to treat sick inmates. The management and supervision of inmates during their treatment at health facilities shall be carried out by prisons, detention centers, and criminal judgment execution agencies of district-level police offices.
3. For an inmate suspected of suffering a mental disease or another disease which deprives him/her of perception or act control capacity, his/her prison, detention center or the criminal judgment execution agency of the provincial-level police department shall request the provincial-level court of the place or the military court of the military zone in which the inmate serves his/her sentence to seek mental health assessment. If the assessment concludes such inmate suffers a mental disease or another disease which deprives him/her of perception or act control capacity, the chief judge of the provincial-level court of the place or the military court of the military zone in which the inmate serves his/her sentence shall issue a decision to suspend the serving of prison sentence and apply execution of compulsory medical treatment against him/her.
The health facilities shall receive and manage inmates subject to execution of compulsory medical treatment at the health facilities.
4. A drug-addicted inmate shall be detoxified by his/her prison.
5. Funds for medical examination and treatment, drug detoxification and building and arrangement of separate medical treatment rooms for inmates in health facilities shall be financed by the State.
6. The Government shall elaborate this Article.
Article 56. Handling of cases of deceased inmates
1. When an inmate dies in the prison, detention center or criminal judgment execution agency of the district-level police office or a state-owned health facility, such agency or facility shall promptly notify the case to the district-level investigation agency and people's procuracy of the place or the military investigation agency and procuracy of the military zone in which the inmate dies for identifying the cause of his/her death. The prison, detention center or criminal judgment execution agency of the district-level police office shall apply for death registration to the People’s Committee of commune where the inmate dies and notify the relatives or lawful representative of the deceased inmate before conducting the burial. For an inmate who dies in a health facility, such health facility shall make a death notice and send it to the prison, detention center or criminal judgment execution agency of the district-level police office.
When a foreign inmate dies, the superintendent of his/her prison shall promptly notify such to the provincial-level investigation agency and people's procuracy of the place or the military investigation agency and procuracy of the military zone in which the inmate dies for identifying the cause of his/her death, and concurrently to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense, or Ministry of Foreign Affairs for notification to the representative mission of the country of which the deceased is a citizen. After obtaining permission of a competent agency, the prison shall conduct a burial for the foreign inmate.
2. After obtaining permission of a competent agency to conduct the burial for the deceased inmate, the prison, detention center or criminal judgment execution agency of the district-level police office shall notify the relatives or representatives of the inmate. In case the relative or lawful representative of the deceased inmate makes a petition for receiving the corpse of the deceased, the prison, detention center or criminal judgment execution agency of the district-level police office shall accept such petition, unless there is a ground to believe that such would affect security, order and environmental sanitation. Within 24 hours after sending the notice, if the relatives or representatives of the inmate fails to receive his/her corpse, the prison, detention center or criminal judgment execution agency of the district-level police office shall conduct the burial and notify it to the court which has issued the judgment execution decision. Within 3 working days after receiving the notice, the court which has issued the judgment execution decision shall issue a decision to terminate the serving of prison sentence and send it to a relative of the deceased and the prison, detention center or criminal judgment execution agency of the district-level police office in which the inmate died, the provincial-level Justice Department of the place in which the court which has issued the termination decision is based. The commune-level People's Committee of the place in which the inmate died shall cooperate with the prison, detention center or criminal judgment execution agency of the district-level police office in conducting the burial and managing his/her grave. Burial expenses shall be covered by the State.
When a foreign inmate dies, within 48 hours after sending the notice, if the representative body of the country in which such inmate is a citizen refuses to receive the corpse, the prison shall conduct the burial.
3. In case the relative or lawful representative of the deceased inmate makes a petition for receiving the corpse or mortal remains of the deceased and bear all related costs, the prison, detention center or criminal judgment execution agency of the district-level police office may consider accepting such petition, unless there is a ground to believe that such would affect security, order and environmental sanitation. The receipt of the mortal remains shall be considered and decided after three years from the date of burial. For a foreign inmate, the receipt of his/her corpse or mortal remains shall be considered and decided by the criminal judgment execution management agency.
Section 3. PAROLE
Article 57. Time for consideration of parole
The consideration of parole shall be carried out 3 times a year: at the end of the first quarter, the second quarter and the end of the year.
Article 58. Application for parole
1. Prisons, detention centers of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments or of military zones shall prepare applications for parole and send them to the provincial-level or military-level people’s procuracy, provincial-level or military-level people’s court where the inmates have served their prison sentences.
2. An application for parole shall consist of:
a) An application form for parole made by the inmate enclosed with commitment not to violate the law and obligations to be fulfilled after the parole is granted;
b) A copy of legally effective court judgment or decision; judgment execution decision;
c) Documents showing that the inmate has made considerable progress and great rehabilitation which are decisions or copies thereof on inmate's performance grade;
d) A copy of decision on reduction of the duration of serving prison sentence granted the person sentenced for serious crime or very serious crime or extremely serious crime;
dd) Documents showing that the inmate has completely served the additional sentence as a fine or compensation for damage or payment of court fee;
e) Documents showing the inmate’s actual duration of serving the prison sentence;
g) Relevant proof showing that inmate is a person who has meritorious services to the revolution or a relative thereof, is at least 70 years of age, has severe disabilities or extremely severe disabilities, raises a child under 36 months of age, or is a minor;
h) A request for parole made by the prison, detention center of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agency of provincial-level police department or of military zone.
3. A person whose prison sentence is suspended or a person subject to execution of compulsory medical treatment may reserve his/her performance grade and resume the performance period after he/she continues to serve his/her sentence. In this case, if the People’s Committee of commune where the person whose prison sentence is suspended comes to resides, the military unit assigned to supervise this person, or the health facility receiving this person certifies that such person has strictly complied with laws and regulations, he/she may be considered to be granted parole.
4. If an inmate is transferred for investigation, prosecution, and trial purposes has not been prosecuted for another offense, the prison, detention center, or criminal judgment execution agency of district-level police office which receive the transferred inmate shall request the prison, detention center, or criminal judgment execution agency of district-level police office in charge to consider making an application for parole granted him/her if he/she is eligible.
Article 59. Execution of parole
1. After receiving a decision on parole, the prison, detention center, or criminal judgment execution agency of district-level police office shall post up a list of inmates granted parole at the place of detention. After the decision on parole takes effect, the prison, detention center, or criminal judgment execution agency of district-level police office shall issue certificates of parole to eligible inmates and release them. The probation period shall begin from the date on which decision on parole takes effect.
The prison, detention center, or criminal judgment execution agency of district-level police office shall hand inmate dossiers over to the criminal judgment execution agency of district-level police office where the parolee comes to reside or the criminal judgment execution agency of military zone.
2. The criminal judgment execution agency of district-level police office where the parolee comes to reside or the criminal judgment execution agency of military zone shall receive and maintain the inmate dossiers; prepare supervision dossiers of parolees and give them to the People’s Committee of commune or military unit in charge.
Within 5 days from the parole date, the parolee must present himself/herself at the People’s Committee of commune or the military unit in charge to commit to fulfill his/her obligations, except for force majeure events or objective hindrance. After the above 5-day time limit, if the parolee fails to present himself/herself, the People’s Committee of commune or the military unit in charge shall summon him/her to the head office to make the commitment. If he/she fails to present himself/herself as summoned or make such a commitment, the commune police or military unit shall make a report on his/her breach of obligations.
The People’s Committee of commune or military unit in charge shall send reports on parolees’ presence and commitments to district-level police office or criminal judgment execution agency of military zone.
3. If the parolee under management of the military has no longer served in the military, the criminal judgment execution agency of military zone shall deliver such parolee enclosed with his/her inmate dossier to the criminal judgment execution agency of district-level police office where he/she comes to reside; prepare supervision dossier of the parolee and give it to the People’s Committee of commune in charge.
4. On the final day of the probation period, the criminal judgment execution agency of district-level police office or of military zone in charge of the parolee shall issue a certificate of complete serving of prison sentence and send it to the same-level procuracy and court which has issued the decision on parole and the court which has issued the judgment execution decision, the prison, detention center, or criminal judgment execution agency of district-level police office or of military zone where such person has served the sentence, National Center for Judicial Records and the People’s Committee of commune where he/she comes to reside.
5. If the parolee dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the same-level procuracy, criminal judgment execution agency of district-level police office or of military zone, the People’s Committee of commune or the military unit in charge and Department of Justice of province where the court which issued the decision is based.
Article 60. Supervision dossiers of parolees
1. A supervision dossier of parolee prepared by the criminal judgment execution agency of district-level police office or the criminal judgment execution agency of military zone shall include:
a) A copy of the legally effective court judgment; a copy of decision and the judgment execution decision;
b) A decision on parole;
c) A certificate of parole;
d) A remark of the parolee’s performance during serving time;
dd) A commitment of the parolee;
e) A personal information sheet of the parolee;
g) Other relevant documents.
2. The People’s Committee of commune or the military unit in charge of the parolee shall receive and include additional documents below in the supervision dossier:
a) A remark of the parolee’s performance given by the People’s Committee of commune or the military unit in charge;
b) A report of the parolee on his/her fulfillment of obligations;
c) A criticism report, criticism meeting minutes and relevant documents if the parolee is formally criticized as prescribed in Article 66 of this Law;
d) A court decision on shortening of probation period if the parolee is so granted;
dd) Other relevant documents.
3. 15 days before the probation period expires, the People’s Committee of commune or the military unit in charge of the parolee shall hand over the supervision dossier to the criminal judgment execution agency of district-level police office or of military zone so as to issue a certificate of complete serving of prison sentence upon expiration of the probation period. The handing over of the management dossier shall be recorded and kept in the inmate dossier.
Article 61. Tasks and powers of the People’s Committee of commune or the military unit in charge of parolees
1. A People’s Committee of commune in charge of a parolee shall have the following tasks and powers:
a) Receive the supervision dossier of such parolee; hand over the dossier to the competent criminal judgment execution agency as per this Law;
b) Require the parolee to fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation of law;
c) Commend the parolee for his/her considerable progress or great merits (if any);
d) Give approval for the parolee's absence from his/her place of residence as prescribed in this Law and law on residence;
dd) Cooperate with socio-political organizations, parolee’s family and places where the parolee works or studies in supervising him/her;
e) Prepare relevant documents and request the criminal judgment execution agency of district-level police office to report the criminal judgment execution agency of provincial-level police department to request the same-level court to consider shortening the parolee’s probation period.
g) Report the criminal judgment execution agency of district-level police office to request the competent court to cancel to decision on parole and compel the parolee to serve the remainder of the sentence if he/she violates Clause 4 Article 66 of the Criminal Code;
h) Report on the parolee’s escape to the criminal judgment execution agency of district-level police office;
i) Give a written remark of the parolee’s fulfillment of his/her obligations during the probation period;
k) Report on supervision of the parolee during the probation period to the competent criminal judgment execution agency.
2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.
3. A military unit in charge of a parolee shall have the following tasks and powers:
a) The tasks and powers prescribed in Points a, b, c, i and k Clause 1 hereof;
b) Cooperate with the People’s Committee of commune in giving approval for the parolee's absence from his/her place of residence as prescribed in this Law and law on residence;
c) Cooperate with the parolee’s family in supervising him/her;
d) Prepare relevant documents and request the criminal judgment execution agency of military zone to request the same-level court to consider shortening the parolee’s probation period;
dd) Report the criminal judgment execution agency of military zone to request the competent court to cancel to decision on parole and compel the parolee to serve the remainder of the sentence if he/she violates Clause 4 Article 66 of the Criminal Code;
e) Report on the parolee’s escape to the criminal judgment execution agency of military zone.
Article 62. Obligations of parolees
1. Strictly fulfill his/her commitments on compliance with law, civil obligations, internal regulations of the places of residence, work and study.
2. Present himself/herself and make commitments as prescribed in Clause 2 Article 59 of this Law.
3. Submit to the management of the People’s Committee of commune or the military unit in charge.
4. Abide by regulations prescribed in Article 67 of this Law.
5. Present himself/herself at the request of the People’s Committee of commune or the military unit in charge.
6. Send monthly reports on fulfillment of his/her obligations to the People’s Committee of commune or the military unit in charge. If the parolee is absent from his/her place of residence as prescribed in Clause 1 Article 67 of this Law, he/she must send a report on fulfillment of his/her obligations upon the expiry of the absence period.
Article 63. Work and study of parolees
1. If a parolee who is not an official or public employee may continue to work in a non-public entity, he/she may earn salaries and benefit other polices in conformity with his/her job and this working duration shall be included in his/her working time as per the law.
2. If a parolee is admitted to study in a compulsory education institution or vocational education institution, he/she may benefit policies as per the law.
3. A parolee not falling under any case prescribed in Clause 1 and Clause 2 of this Article may be enabled to find a job by the People’s Committee of commune in charge.
Article 64. Shortening probation period imposed on parolees
1. A parolee may request shortening of the probation period when he/she:
a) has served a half of the probation period; and
b) has made great progress during his/her probation period.
2. A parolee may have his/her probation period shortened once a year for 3 months to 2 years. If the remainder of the probation period is under 3 months, the court may decide to eliminate it.
A parolee may have his/her probation period shortened multiple times provided that he/she in fact has served at least three-fourths of the probation period, except for the case prescribed in Clause 3 hereof.
3. If a parolee is a minor, has made merits, is a decrepit old person or has suffered a fatal disease and he/she has satisfied all conditions prescribed in Clause 1 hereof, the court may eliminate the remainder of his/her probation period.
Article 65. Procedures for shortening probation period imposed on parolees
1. The People’s Committee of commune or the military unit in charge of parolees shall review eligible persons in accordance with the Criminal Code, prepare relevant documents and submit a request for shortening probation periods of eligible parolees to the criminal judgment execution agency of district-level police office or of military zone.
2. Within 7 days after receiving the documents and request of the People’s Committee of commune in charge of the parolees, the criminal judgment execution agency of district-level police office shall consider and submit its request for shortening probation periods of eligible parolees to the criminal judgment execution agency of provincial-level police department and enclosed documents. Within 7 days after receiving the documents and request of the criminal judgment execution agency of district-level police office, the criminal judgment execution agency of provincial-level police department shall consider and submit its request for shortening probation periods of eligible parolees to the same-level people’s court for consideration and to the same-level people’s Procuracy.
3. Within 7 days after receiving the documents and request of the military unit in charge, the criminal judgment execution agency of military zone shall consider and submit its request for shortening probation periods of eligible parolees to the military court for consideration and to the same-level people’s procuracy.
4. Within 7 days after receiving the documents and request of criminal judgment execution agency of provincial-level police department or military zone, the chief judge of provincial-level people’s court or military zone-level military court where the parolee resides or works shall establish a council and hold a meeting to consider shortening probation period. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
5. Within 3 days from the date on which the decision to shorten probation period is issued, the court must send that decision to the sentenced person, the same-level procuracy, the immediate superior Procuracy, the agency which requests shortening of probation period, the court which issued the decision on parole, Department of Justice of province where the court which issued the decision to shorten probation period is based.
Article 66. Formal criticism against parolees
1. During the probation period, if a parolee commits the parole conditions prescribed in Article 62 of this Law for the first time or incurred an administrative penalty for the first time, the People’s Committee of commune in charge shall cooperate with relevant agencies, Vietnamese Fatherland Front to hold a public meeting at the community where the parolee resides for a formal criticism against him/her; if the parolee has worked at a military unit, the formal criticism shall be held at that military unit.
2. The formal criticism shall be recorded in writing and included in the supervision dossier and reported to the criminal judgment execution agency of district-level police office or the criminal judgment execution agency of military zone.
Article 67. Parolee’s absence from place of residence
1. A parolee may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and make a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall be included in the probation period but not exceeding 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.
2. When seeking permission for absence from place of residence, a parolee must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing. When the parolee comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the parolee commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall notify the People’s Committee of commune or the military unit in charge.
3. The parolee may not leave Vietnam’s territory during his/her probation period.
Article 68. Dealing with parolee’s change of place of residence or work
1. If a parolee, for justifiable grounds, has to change his/her place of residence or work, he/she must obtain a certification of the People’s Committee of commune or the military unit in charge and send a request to the criminal judgment execution agency of district-level police office or of military zone.
Within 15 days after receiving the request for change of place of residence or work from the parolee, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with relevant agencies in verifying and dealing with such request. If the request is rejected, they must provide explanation in writing.
2. The request for change of place of residence may be approved if the following conditions are satisfied:
a) The requirements prescribed in law on residence are met;
b) The parolee obtains a permission from the criminal judgment execution agency of district-level police office if he/she changes his/her place of residence within a district or from the criminal judgment execution agency of provincial-level police department if he/she changes his/her place of residence beyond the scope of a district, or from the criminal judgment execution agency of the Ministry of Public Security if he/she changes his/her place of residence beyond the scope of province.
3. The change of the parolee’s place of work within the scope of a military zone shall be decided by the criminal judgment execution agency of military zone.
The change of the parolee’s place of work beyond the scope of a military zone shall be decided by the criminal judgment execution agency of the Ministry of National Defense.
If the parolee does not continue to work for military, the criminal judgment execution agency of military zone shall transfer his/her dossier to the criminal judgment execution agency of district-level police office where the parolee comes to reside for further supervision as prescribed in Clause 3 Article 59 of this Law.
4. The Minister of Public Security and the Minister of National Defense shall elaborate this Article.
Article 69. Dealing with parolees violating parole conditions or incurring penalties for administrative violations
1. If a parolee deliberately violates the parole conditions prescribed in Article 62 of this Law, the commune-level police office shall make a violation report; if he/she deliberately violates the parole conditions for the second time, the commune-level police office shall make another violation report and report the People’s Committee of commune.
If a parolee under supervision of a military unit deliberately violates the parole conditions prescribed in Article 62 of this Law, the military unit shall make a violation report; if he/she deliberately violates the parole conditions for the second time, the military unit shall make another violation report and report criminal judgment execution agency of military zone.
2. If a parolee incurs a penalty for administrative violation from the second time onwards, the commune-level police office shall report the People’s Committee of commune.
If a parolee under supervision of a military unit incurs a penalty for administrative violation from the second time onwards, the military unit shall report the criminal judgment execution agency of military zone.
3. Within 3 working days after receiving the report of the commune-level police office, the People’s Committee of commune shall send a written request the criminal judgment execution agency of district-level police office enclosed with the violation report or decision on penalty for administrative violation and other relevant documents so as to request the cancellation of the decision on parole.
Within 3 working days after receiving the report enclosed with the violation report or decision on penalty for administrative violation and other relevant documents from the military unit, the criminal judgment execution agency of military zone shall request cancellation of the decision on parole.
Article 70. Dealing with inmates to be considered for parole violating internal regulations of places of detention or committing violations of law
1. If an inmate to be considered for parole violates regulations of the place of detention and is disciplined or commits a violation of law before being granted a decision on parole by the court, the requesting agency prescribed in Clause 1 Article 368 of the Criminal Procedure Code shall request the people’s procuracy or the court in writing to withdraw the application and eliminate the inmate’s name from the list of proposed parolees.
2. If an inmate with a decision on parole by the court which has not taken effect violates regulations of the place of detention and is disciplined or commits a violation of law, the application and procedures for cancellation of the decision on parole shall conform with Clause 3 Article 71 of this Law and Article 368 of the Criminal Procedure Code.
Article 71. Cancellation of decision on parole
1. If a parolee commits a violation prescribed in Clause 4 Article 66 of the Criminal Code, the criminal judgment execution agency of district-level police office or of military zone shall send a request dossier to the court which issued the decision on parole granted him/her to consider canceling such decision and send this dossier to the same-level people’s procuracy. A request dossier includes:
a) A request for cancellation of the decision on parole made by the criminal judgment execution agency of district-level police office or of military zone;
b) A report on parole violation or decision on penalty for administrative violation;
c) A report on the parole’s compliance with parole conditions during his/her probation period made by the criminal judgment execution agency of district-level police office or of military zone;
d) A copy of the court judgment or decision; a copy of the decision on parole;
dd) Other relevant documents.
2. Within 3 working days from the date on which the decision on cancellation of the decision on parole becomes effective, the criminal judgment execution agency of district-level police office or of military zone shall notify the parolee concerned in writing. Within 7 days after receiving such a notice, the parolee concerned must present himself/herself at the criminal judgment execution agency of district-level police office or of military zone to serve the remainder of the sentences in prison. If he/she fails to appear within the time limit, the criminal execution and judicial assistance police or judicial guard shall escort him/her to serve his/her sentence. If the parolee concerned escapes, the criminal judgment execution agency of district-level police office or of military zone shall request the competent criminal judgment execution agency to release a wanted notice.
3. If a parolee violates internal regulations of the place of detention or commits a violation prescribed in Clause 2 Article 70 of this Law, the agency which requested the parole shall send a request dossier to the court which issued the decision on parole granted him/her to consider canceling such decision and send this dossier to the same-level people’s procuracy. A request dossier includes:
a) A request for cancellation of the decision on parole;
b) A decision on discipline imposed on the inmate enclosed with a report on violation of internal regulations of the place of detention or a report on the violation of law;
c) Other relevant documents.
4. Procedures for the court to consider canceling decisions on parole shall conform to Article 368 of the Criminal Procedure Code.
Article 72. Responsibilities of parolees’ families
The family of a parolee shall cooperate with the People’s Committee of commune or the military unit in charge in supervising that parolee; notify the parolee's compliance with parole conditions as required by the People’s Committee of commune or the military unit in charge; and attend any formal criticism meeting against the parolee as required by the People’s Committee of commune or the military unit in charge.
Section 4. MINOR INMATES
Article 73. Scope
A minor inmate shall serve his/her sentence in accordance with this Section and other regulations not in contravention of this Section. When the minor inmate reaches 18 years of age, he/she shall be subject to incarceration and education regime applicable to inmates aged 18 or older.
Article 74. Regime for management, education, study, vocation training, and work
1. A minor inmate shall be incarcerated under a separate regime suitable for his/her health, gender and personal characteristics.
2. Prisons shall provide academic education, legal knowledge and vocation training for minor inmates suitable for their age, educational level, gender and health, and make necessary preparations for them to re-integrate into the community after they completely serve their full prison sentences. Prisons shall universalize primary and lower secondary education for every inmate. Primary education is compulsory to inmates who have not finished their primary education programs.
Learning and vocational training programs for minor inmates shall be regulated by the Government.
3. Minor inmates are entitled to work in separate areas suitable for their age and exempt from doing heavy, dangerous jobs or jobs with exposure to toxic substances.
Article 75. Regime for board, clothing, healthcare, cultural and performance activities, entertainment
1. Minor inmates shall be provided with prescribed food and healthcare as the same as major inmates and their food rations may be increased but not exceeding 20% of the standard rations.
2. Apart from the standards for clothing and personal belongings as similar to major inmates, minor inmates may be provided with additional uniform clothing and other personal belongings as prescribed.
3. Duration and methods of organization of physical training and sports, cultural and performance activities, listening to radio, reading books and newspaper, watching television and other entertainment shall be provided in conformity with characteristics of minors.
4. The Government shall elaborate this Article.
Article 76. Regime for visits of and communication with relatives
1. Minor inmates may meet their relatives up to 3 times a month for no more than 3 hours. According to the inmate’s performance grade and requirements for education and rehabilitation, working and study achievements of inmates, the superintendent of prison shall consider granting extension of the visit duration but not exceeding 24 hours.
Minor inmates who are commended may meet their relatives one more time in 1 month.
2. Minor inmates may have domestic telephone conversations with their relatives 4 times a month for not more than 10 minutes each, under supervision of the prison officers and at their own expenses.
3. The state encourages relatives of minor inmates to send them books, school supplies, sporting and recreation equipment.
Chapter IV
EXECUTION OF THE DEATH SENTENCE
Article 77. Decision to execute the death sentence
1. The chief judge of the court which has conducted the first-instance trial shall issue a decision to execute the death sentence. Such decision must clearly indicate the date of issuance, full name and position of the decision maker; the judgment or decision to be executed; the full name, date of birth and place of residence of the sentenced person.
2. Within 3 working days after issuing a decision to execute the death sentence, the court shall send it to the following agencies:
a) The same-level procuracy and criminal judgment execution agency;
b) The detention center where the sentenced person is held:
c) The Department of Justice of the province where the issuing court is based.
Article 78. Decision to form a death sentence execution council
1. Immediately after issuing a decision to execute the death sentence, the chief judge of the issuing court shall send a written request to the chief procurator of the same-level procuracy and the head of the criminal judgment execution agency of the provincial-level police department or of military zone to appoint representatives to participate in the death sentence execution council. Within 3 working days after receiving the request, the chief procurator of the same-level procuracy and the head of the criminal judgment execution agency of the provincial-level police department or of military zone shall appoint representatives in writing to participate in the death sentence execution council.
2. Within 3 working days after receiving the written appointment of representatives to participate in the death sentence execution council as prescribed in Clause 1 hereof, the chief judge of the court which issued the judgment execution decision shall issue a decision to form a death sentence execution council. A decision to form a death sentence execution council must clearly indicate the date of issuance, full name and position of the decision maker; ground for issuing the decision; and full names and positions of council members.
3. The death sentence execution council shall be composed of:
a) The council president who is the chief judge or deputy chief judge of the court which issued the judgment execution decision;
b) The chief procurator or deputy chief procurator of the same-level procuracy;
c) The head or deputy head of the same-level criminal enforcement agency.
4. A secretary who is an official or public employee of the court appointed by the competent chief judge to assist the death sentence execution council.
Article 79. Tasks and powers of a death sentence execution council
1. A death sentence execution council has the following tasks and powers:
a) Decide the plan and make necessary preparations for ensuring the execution;
b) Examine eligibility requirements for the person to be executed as required by the Penal Code and the Criminal Procedure Code; issue a decision to postpone the execution and report it to the chief judge of the court having issued the execution decision, if the sentenced person is ineligible for execution;
c) Request related agencies and organizations to provide information and documents necessary for the execution; to request the people's armed forces unit, agencies and organizations to assist in assuring safety for the execution when necessary;
d) Administer the execution according to plan;
dd) Notify the execution result to the criminal judgment execution management agency;
e) Dissolve after fulfilling its tasks.
2. The president of the death sentence execution council shall hold a meeting to announce decisions related to the execution, decide the lime of execution; contents to be kept secret; conditions to ensure the implementation of the execution plan; and the burial location in case receipt of the corpse is disallowed or there is no petition for receipt of the corpse. The meeting must be recorded in a report to be included in the death sentence execution dossier.
Article 80. Death sentence execution dossier
1. A death sentence execution dossier shall consist of:
a) A legally effective first-instance judgment; an appellate judgment if the first-instance judgment is appealed;
b) A decision on cassation trial or reopening trial (if any);
c) A decision on non-appeal of the Chief Justice of the Supreme People’s Court and a decision on non-appeal of the Chief Procurator of the Supreme People’s Procuracy;
d) A copy of the decision on refutation of mercy petition for commutation of death sentence of the State President (if any);
dd) A decision to execute the death sentence;
e) A decision to form a death sentence execution council;
g) A meeting minutes of the death sentence execution council;
h) A plan for execution of the death sentence;
i) A personal identification statement, fingerprint sheet, inspection report of identity of the person sentenced to death;
k) An inspection report verifying that the person sentenced to death does not fall under the case prescribed in Clause 3 Article 40 of the Criminal Code;
l) Documents relevant to the stay of execution of the death sentence (if any);
m) A report on autopsy of the executed inmate;
n) 1 photo of the executed inmate;
o) A report on execution of the death sentence;
p) A report on result of execution of the death sentence;
q) Other relevant documents.
2. Death sentence execution dossiers shall be prepared and maintained by criminal judgment execution agencies of provincial-level police departments or military zones in accordance with regulations on maintenance of dossiers as prescribed in the Minister of Public Security and the Minister of National Defense.
Article 81. Stay of execution of the death sentence
1. A death sentence execution council may decide to stay execution of the death sentence in the following cases:
a) The sentenced person falls into a case specified in Clause 3 Article 40 of the Penal Code;
b) There is a force majeure event or objective hindrance;
c) Immediately before the execution, the sentenced person reports new circumstances of the crime.
2. When deciding to stay execution of the death sentence, the council must make a report clearly indicating the hour, date and place of execution; full names and positions of the council members; and reason for the stay of execution. The minutes must be signed by all council members and included in the death sentence execution dossier and reported to the chief judge of the court which has issued the execution decision, the chairman of the provincial-level or military zone-level procuracy and the provincial-level or military zone-level criminal judgment execution agency.
3. The criminal execution and judicial assistance police or judicial guard shall escort and deliver the person whose execution is stayed to the detention center for continued incarceration. The delivery and receipt of the person whose execution is stayed shall be recorded in a minutes.
4. If the sentenced person falls into a case under Point a, Clause 1 of this Article, the councils for execution of the death sentence shall stay execution of the sentence and report the chief judge of the court which issued the judgment execution decision to report the Chief Justice of the Supreme People’s Court for consideration.
For cases of stayed execution under Points b and c Clause 1 of this Article, when the reason for stay no longer exists, the chief judge of the court which has issued the execution decision shall request the death sentence execution council to proceed with the execution. In case of change of a council member, the chief judge of the court which has issued the execution decision shall decide the addition of the council member or form a death sentence execution council under Article 78 of this Law.
Article 82. Form and sequence of execution of the death sentence
1. The death sentence shall be executed by lethal injection. The process of lethal injection shall be stipulated by the Government.
2. Prior to execution, the death sentence execution council shall examine the personal identification statement, fingerprint sheet and personal history records of the person to be executed; in case the person to be executed is a female, the council shall examine all documents related to conditions for non-execution as prescribed by the Penal Code.
3. Prior to being taken out for execution, the sentenced person shall be given food and drink, be entitled to write letters and have his/her messages recorded for sending to his/her relatives.
4. The death sentence shall be executed in the following order:
a) Pursuant to the death sentence execution decision and request of the president of the death sentence execution council, the criminal execution and judicial assistance police or judicial guard shall escort the person to be executed to the working place of the death sentence execution council;
b) At the request of the death sentence execution council, a professional officer of the people's police or army shall press the fingerprints, check the personal identification statement and fingerprint sheet and compare them with related dossiers and documents; take photo and record video of the process of carrying out the procedures of taking the fingerprints, checking and making a minutes; and report checking results to the death sentence execution council;
c) The president of the death sentence execution council shall announce the death sentence execution decision, the non-appeal decision of the Chief Justice of the Supreme People's Court and the non-appeal decision of the Chief Procurator of the Supreme People's Procuracy, the decision of the Council of Judges of the Supreme People's Court rejecting the appeal of the Chief Justice of the People's Supreme Court or the Chief Procurator of the Supreme People's Procuracy, the decision of the State President rejecting the petition for death sentence commutation.
Immediately after the president of the death sentence execution council announces the decisions, the criminal execution and judicial assistance police or judicial guard shall hand over these decisions to the person to be executed for reading. If such person does not know Vietnamese or cannot read these decisions, the death sentence execution council shall appoint a person to read or translate these decisions to such person. The process of announcing and reading the decisions shall be photographed, recorded in video or audio and included in the death sentence execution dossier;
d) By the order of the president of the death sentence execution council, professional officers of the provincial-level or military zone-level criminal judgment execution agency shall execute the sentence and report the result to the council president;
dd) By the order of the president of the death sentence execution council, a forensic doctor shall determine the condition of the executed person and report the result to the council;
e) The death sentence execution council shall make a report of the execution; report on the process and result of the execution to the Supreme People's Court, the Supreme People's Procuracy, and the criminal judgment management agency. The provincial-level or military zone-level criminal judgment execution agency shall register the death at the commune-level People's Committee of the place in which the execution is carried out;
g) The criminal judgment execution agency of the provincial-level police department or military zone shall preserve the corpse of the executed person, hold burial and draw a map of the grave. The commune-level People's Committee of the place in which the execution was carried out shall cooperate with the criminal judgment execution agency of the provincial-level police department or military zone in the burial and management of the grave of the executed person;
h) Within 3 days after the execution is carried out, the criminal judgment execution agency of the provincial-level police department or military zone shall inform relatives of the executed person of his/her death, except for the case specified in Clause 1, Article 83 of this Law.
Article 83. Settlement of petitions for receiving corpses, ashes and mortal remains of executed persons
1. Within 3 working days from the date of decision to execute the death sentence, the chief judge of the court which issued the judgment execution decision shall notify relatives or representatives of the executed person in writing for them to make a petition for receipt of corpse of the executed person. Within 3 working days after receiving such notice, the request for receipt of corpse of the executed person shall be submitted the chief judge of the court which issued the notice. The petition for receipt of corpse of the executed person shall specify full name and address of the recipient of the corpse; relationship with the executed person; commitment to ensure security, order and environmental sanitation requirements and to pay all arising expenses. The petition must be certified by the commune-level People's Committee of the place of his/her residence; if the sentenced person is a foreigner, such petition must be certified by a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen, and be translated into Vietnamese.
2. Within 3 working days after receiving the petition for receipt of corpse of the executed person, the chief judge of the court which issued the judgment execution decision shall notify in writing whether to permit or reject the petition. The petition is rejected, the chief judge must provide explanation in writing.
3. Three working days before executing the death sentence, the chief judge of the court which issued judgment execution decision shall send a written notice to the criminal judgment execution agency of provincial-level police department or of military zone to give the corpse of the executed person for burial or hold a burial for the executed person.
4. If the chief judge of the court which issued the decision to form the death sentence execution council permits the petition, but the death sentence execution council considers that, during the execution process, there is a ground to believe that receipt of the corpse would affect security and order, it may reject the petition and notify the relatives of such rejection and assign the criminal judgment execution agency of provincial-level police department or of military zone shall hold a burial and report the chief judge of the court.
5. The criminal judgment execution agency of provincial-level police department or of military zone shall notify the petitioner as soon as practicable after the execution of receiving the corpse for burial. The delivery and receipt of the corpse shall be carried out within 24 hours after the notification by the criminal judgment execution agency of provincial-level police department or of military zone. The delivery and receipt of the corpse shall be recorded in a minutes signed by the delivering and receiving persons. After this time limit, if the petitioner fails to receive the corpse, the criminal judgment execution agency of the provincial-level police department or military zone shall hold a burial for such executed person.
6. If relatives or representatives of the executed person wish to receive ashes of the executed person and pay all the costs of incineration, the criminal judgment execution agency of provincial-level police department or of military zone shall deliver the corpse and facilitate the delivery of the corpse to the incineration place.
7. In a case where the criminal judgment execution agency of provincial-level police department or of military zone hold a burial for the executed person, 3 years after the date of execution, relatives or lawful representative of the executed person may send a petition to the criminal judgment execution agency of provincial-level police department or of military zone for receiving the executed person’s mortal remains. Such petition must clearly indicate the full name and address of the person to receive the remains, relationship with the executed person; and commitments to meet security, order and environmental sanitation requirements and to pay all arising expenses. The petition must be certified by the commune-level People's Committee of the place of his/her residence; if the sentenced person is a foreigner, such petition must be certified by a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen, and be translated into Vietnamese. Within 7 days after receiving the petition the criminal judgment execution agency of the provincial-level police department or military zone shall consider and settle it.
Chapter V
EXECUTION OF SUSPENDED SENTENCE, WARNING PENALTY AND COMMUNITY SENTENCE
Section 1. EXECUTION OF SUSPENDED SENTENCE
Article 84. Decision to execute a suspended sentence
1. A decision to execute a sentence must clearly indicate the full name of the decision maker; the judgment or decision to be executed; name of the agency responsible for the execution; full name, date of birth and place of residence of the person serving the suspended sentence; the imprisonment sentence and probation period to be served by such person; additional penalty(ies) except for fines; penalties for probation violation prescribed in Clause 5 Article 65 of the Criminal Code; the commune-level People's Committee or military unit assigned to supervise and educate such persons serving suspended sentence.
2. Within 3 working days after issuing a decision to execute a suspended sentence, the issuing court shall send the decision to the following individuals and agencies:
a) The person serving the suspended sentence and his/her representative if such person is a minor;
b) The same-level procuracy;
c) The criminal judgment execution agency of the district-level police office of the place in which the person concerned resides or the criminal judgment execution agency of the military zone in which such person works;
d) The People’s Committee of commune or the military unit in charge of the persons serving suspended sentence;
dd) The Department of Justice of the province where the issuing court is based.
Article 85. Execution of decisions to execute suspended sentences
1. Within 3 working days after receiving the judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall summon the person serving the suspended sentence or a lawful representative of the minor serving suspended sentence to the head office of the commune-level People's Committee of the place in which such person resides or the military unit for which such person works and he/she shall commit to serve the sentence. The person serving suspended sentence or representative must present himself/herself upon the summons, except for force majeure events or objective hindrance. If the persons serving suspended sentence fails to present him/herself upon the summons or commit to serve the sentence, the criminal judgment execution agency of district-level police office or of military zone shall take a record of probation violation.
2. On receiving the judgment execution decision, the criminal judgment execution agency of district-level police office or of military zone shall prepare a judgment execution dossier and send a copy of dossier to the People’s Committee of commune or the military unit in charge assigned to supervise and educate the persons serving suspended sentence. Such dossier includes:
a) The legally effective court judgment or decision;
b) The decision to execute the suspended sentence;
c) Commitment of the person serving suspended sentence. If such person is between full 14 years and under 16 years old, his/her commitment must be certified by his/her lawful representative;
d) Other relevant documents.
3. Within 7 days after summoning the person serving the suspended sentence, the commune-level People's Committee or military unit assigned to supervise and educate the person serving suspended sentence shall prepare a dossier of such person. Such dossier includes:
a) Copies of documents prescribed in Clause 2 of this Article;
b) Remark of the person serving suspended sentence’s compliance with probation conditions made by the People’s Committee of commune or the military unit in charge;
c) The self-evaluation of the person serving suspended sentence’s compliance with probation conditions; and a written self-criticism and a meeting minutes of formal criticism if the person serving suspended sentence is put on formal criticism as prescribed in Article 91 of this Law;
d) A decision on shortening probation period if the person serving suspended sentence is so granted by the court;
dd) Other relevant documents.
4. Three days before the probation period expires, the People’s Committee of commune or the military unit in charge shall hand over the dossier of the person serving suspended sentence to the criminal judgment execution agency of district-level police office or of military zone. On the final day of the probation period, the criminal judgment execution agency of district-level police office or of military zone in charge shall issue a certificate of complete serving of probation period. The certificate shall be sent to the person serving suspended sentence, the People’s Committee of commune or the military unit in charge, the court which issued the judgment execution decision, the same-level Procuracy and Department of Justice of province where the court which issued the judgment execution decision is based.
5. If the person serving suspended sentence dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it to the agencies prescribed in Points b, c, d, and dd Clause 2 Article 84 of this Law.
Article 86. Tasks and powers of the People’s Committee of commune or the military unit in charge of the persons serving suspended sentence
1. The People’s Committee of commune or the military unit in charge of a person serving suspended sentence has the following tasks and powers:
a) Prepare relevant dossier and supervise and educate the person serving suspended sentence and hand over the dossier to the competent criminal judgment execution agency as per this Law;
b) Require the person serving suspended sentence to fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation of law;
c) Commend the person serving suspended sentence for his/her considerable progress or great merits (if any);
d) Give approval for the person serving suspended sentence's absence from his/her place of residence as prescribed in this Law and law on residence;
dd) Cooperate with socio-political organizations, person serving suspended sentence’s family and places where the person serving suspended sentence works or studies in supervising him/her;
e) Report the criminal judgment execution agency of district-level police office to request the same-level court to consider shortening probation period;
g) Report the criminal judgment execution agency of district-level police office to request the competent court to compel the force the person serving suspended sentence who commits probation violation to serve the original prison sentence as prescribed in this Law;
h) Report on the escape of the person serving suspended sentence to the criminal judgment execution agency of district-level police office;
i) Make monthly remarks of the person serving suspended sentence’s compliance with the probation conditions and keep the dossier of supervision and education;
k) Report on the judgment execution result to the competent criminal judgment execution agency.
2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.
3. The military unit in charge of a person serving suspended sentence has the following tasks and powers:
a) The tasks and powers prescribed in Points a, b, c, i and k Clause 1 hereof;
b) Cooperate with the People’s Committee of commune in giving approval for the person serving suspended sentence's absence from his/her place of residence as prescribed in this Law and law on residence;
c) Cooperate with the person serving suspended sentence’s family in supervising and educating him/her;
d) Report the criminal judgment execution agency of military zone to request the regional military court to consider shortening probation period;
dd) Report the competent criminal judgment execution agency to request the competent court to compel the force the person serving suspended sentence who commits probation violation to serve the original prison sentence as prescribed in this Law;
e) Report on the escape of the person serving suspended sentence to the criminal judgment execution agency of military zone.
Article 87. Obligations of persons serving suspended sentence
1. Present himself/herself upon the summons and commit to serve the sentence as prescribed in Clause 1 Article 85 of this Law.
2. Strictly fulfill his/her commitments on compliance with law, civil obligations, internal regulations of the places of residence, work and study; abide by all additional penalties, obligations of compensation for damage, except for objective reasons certified by the competent authority.
3. Submit to the supervision and education of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone where he/she resides or works.
4. Abide by regulations prescribed in Article 92 of this Law.
5. Present himself/herself at the request of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone.
6. Send monthly reports on compliance with his/her probation conditions to the People’s Committee of commune or the military unit in charge. If the person serving suspended sentence is absent from his/her place of residence as prescribed in Clause 1 Article 92 of this Law, he/she must send a report on compliance with his/her probation conditions upon the expiry of the absence period.
Article 88. Work and learning of persons serving suspended sentences
1. If a person serving a suspended sentence who is an official, public employee, commissioned officer, professional soldier, non­commissioned officer, soldier, defense worker, public security worker or another employee, is allowed to continue working at that workplace, he/she shall be given a job which meets supervision and education requirements, receive a pay and other benefits suitable to the job he/she performs, and this working duration shall be included in his/her working or service time under law.
2. If a person serving suspended sentence is admitted to study in a compulsory education institution or vocational education institution, he/she may benefit policies of such institution.
3. A person serving suspended sentence not falling under any case prescribed in Clause 1 and Clause 2 of this Article may be enabled to find a job by the People’s Committee of commune in charge.
4. A person serving suspended sentence who is eligible for preferences under the law on preferential treatment towards persons with meritorious services to the revolution or for social insurance benefits is still entitled to such benefits and policies as per the law.
Article 89. Shortening probation period imposed on persons serving suspended sentences
1. A person serving suspended sentence may request shortening of probation period when he/she:
a) has served a half of the probation period; and
b) has strictly complied with laws and regulations and probation conditions prescribed in Article 87 of this Law; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authorities.
2. A person serving suspended sentence may have his/her probation period shortened once a year for 1 month to 1 year. If the remainder of the probation period is under 1 month, it may be eliminated. A person serving suspended sentence may have his/her probation period shortened multiple times provided that he/she in fact has served at least three-fourths of the probation period.
3. If a person serving suspended sentence has made merits or has suffered a fatal disease and he/she has satisfied all conditions prescribed in Clause 1 hereof, the court may eliminate the remainder of his/her probation period.
4. If a person serving suspended sentence has his/her probation period shortened but he/she commits probation violation as prescribed in Article 87 of this Law and the court compels him/her to serve the original prison sentence, the shortened period shall not be included in the serving time of the prison sentence.
Article 90. Procedures for shortening probation period imposed on persons serving suspended sentences
1. The People’s Committee of commune or the military unit in charge of a person serving a suspended sentence shall verify if he/she meets all conditions for shortening of the probation period as prescribed in Clause 1 Article 89 of this Law. If so, the People’s Committee of commune or the military unit in charge shall send a request for shortening of probation period enclosed with relevant documents to the criminal judgment execution agency of district-level police office or of military zone for consideration.
2. Within 7 days after receiving such a request, the criminal judgment execution agency of district-level police office shall send its request for shortening of probation period of eligible person enclosed with relevant documents to the same-level court and procuracy. If such person serving suspended sentence is not eligible for shortening of probation period, the criminal judgment execution agency of district-level police office shall notify the People’s Committee of commune in charge in writing of such ineligibility.
Within 7 days after receiving such a request, the criminal judgment execution agency of military zone shall send its request for shortening of probation period of eligible person enclosed with relevant documents to the regional military court and procuracy. If such person serving suspended sentence is not eligible for shortening of probation period, the criminal judgment execution agency of military zone shall notify the military unit in charge in writing of such ineligibility.
3. A request dossier for shortening probation period shall comprise:
a) A written request for shortening probation period imposed on person serving suspended sentence;
b) A copy of the judgment. In case of consideration of the second-time shortening of the probation period, a copy of the suspended sentence execution decision is required instead;
c) A written request for shortening of the probation period made by the commune-level People's Committee or military unit assigned to supervise and educate the person serving the suspended sentence;
d) The commendation decision or certificate of merit issued by a competent agency, for those who have received commendation or made a great merit; or certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease;
dd) A copy of the decision to shorten the probation period, for those whose probation period was already shortened.
4. Within 7 days after receiving a dossier of request for shortening of the probation period, the chief judge of people’s court of district or military zone where the person serving suspended sentence resides or works shall form a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
5. Within 3 days from the date on which the decision to accept totally or partially or not to accept the request for shortening of probation period is issued, the court must send that decision to the sentenced person, the same-level procuracy, the immediate superior Procuracy, the agency which requests shortening of probation period, the court which issued the decision on suspended sentence, the Department of Justice of province where the court which issued the decision on suspended sentence is based.
Article 91. Formal criticism against persons serving suspended sentence
1. During the probation period, if a person serving suspended sentence falls under any of the following cases, the People’s Committee of commune or the military unit in charge shall hold a formal criticism against him/her:
a) He/she keeps breaching probation conditions prescribed in Clauses 2, 3, 4, 5, and 6 Article 87 of this Law though he/she has been warned in writing;
b) He/she has incurred a penalty for administrative violation.
2. The formal criticism shall be recorded in writing and included in the supervision dossier and reported to the criminal judgment execution agency of district-level police office or of military zone.
Article 92. Dealing with person serving suspended sentence’s change of place of residence or work
1. A person serving suspended sentence may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and make a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall not exceed 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.
2. When seeking permission for absence from place of residence, a person serving suspended sentence must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing. When the person serving suspended sentence comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the person serving suspended sentence commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall send a notice enclosed with relevant documents to the People’s Committee of commune or the military unit in charge.
3. The person serving suspended sentence’s change of place of residence or work shall be dealt with in accordance with Article 68 of this Law.
4. A person serving suspended sentence may not leave Vietnam’s territory during his/her probation period.
Article 93. Actions against violations committed by persons serving suspended sentences
1. If a person serving suspended sentence commits probation violation prescribed in Clause 1 Article 87 of this Law, the criminal judgment execution agency of district-level police office or of military zone shall take a violation report and require the person serving suspended sentence to present himself/herself within 7 days from the date of violation report. After this time limit, if the person serving suspended sentence fails to appear, the criminal judgment execution agency of district-level police office or of military zone shall take a violation report and request the people’s court of district where he/she resides or the military court where he/she works to compel him/her to serve the original prison sentence.
2. During the probation period, if a person serving suspended sentence who had been formally criticized as prescribed in Article 91 of this Law keeps breaching the probation condition and has been warned in writing, and then he/she still deliberately commits violation, the commune-level police office shall propose the People’s Committee of commune to request the criminal judgment execution agency of district-level police office to request the competent court to compel him/her to serve the original prison sentence.
3. Within 5 working days after receiving such a request, the criminal judgment execution agency of district-level police office shall make a dossier of request for forced serving of the original prison sentence to the people’s court of district for consideration and also to the same-level procuracy. Such dossier includes:
a) The request of the criminal judgment execution agency of district-level police office;
b) The report made by the People’s Committee of commune in charge specifying that the person serving suspended sentence having committed probation violations at least 2 times;
c) The record specifying the person serving suspended sentence’s probation violation;
d) The decision on penalty for administrative violation if the person serving suspended sentence incurred a penalty for administrative violation;
dd) The record of formal criticism against the person serving suspended sentence violating probation conditions;
e) Other relevant documents.
4. During the probation period, if a person serving suspended sentence who had been formally criticized as prescribed in Article 91 of this Law keeps breaching the probation condition and has been warned in writing, and then he/she still deliberately commits violation, the military unit shall take a violation record and propose the criminal judgment execution agency of military zone to request the competent court to compel him/her to serve the original prison sentence, and also send the request to the same-level procuracy. Such dossier includes:
a) The request of the criminal judgment execution agency of military zone;
b) The report made by the military unit in charge specifying that the person serving suspended sentence having committed probation violations at least 2 times;
c) The record specifying the person serving suspended sentence’s probation violation;
d) The decision on penalty for administrative violation if the person serving suspended sentence incurred a penalty for administrative violation;
dd) The record of formal criticism against the person serving suspended sentence violating probation conditions;
e) Other relevant documents.
5. Within 5 days after receiving a dossier of request for shortening of the probation period, the chief judge of people’s court of district or military zone where the person serving suspended sentence resides or works shall form a council and hold a meeting to consider issuing a decision to compel the serving of the original prison sentence. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
Within 3 working days after issuing a decision to cancel compel the serving of the original prison sentence, the issuing court shall send the decision to the individuals and agencies prescribed in Clause 2 Article 84 of this Law.
6. Within 3 working days from the effective date of the court decision, the criminal judgment execution agency of district-level police office or of military zone shall send the person serving suspended sentence concerned to serve his/her original prison sentence. If the person serving suspended sentence concerned escapes, the criminal judgment execution agency of district-level police office or of military zone shall request the competent criminal judgment execution agency to release a wanted notice.
If the court rejects the request for forced serving of original prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall keep that decision and relevant documents to the suspended sentence execution dossier and send the decision to the People’s Committee of commune or military unit in charge for further supervision and education.
Article 94. Responsibilities of agencies, organizations, families of persons serving suspended sentence in supervision and education
1. Relevant agencies and organizations shall cooperate with the People’s Committee of commune or the military unit in charge in supervising and educating the persons serving suspended sentence.
2. Families of persons serving suspended sentence shall cooperate in supervising and educating these persons and notify the results of serving of the sentences by these persons to the commune-level People's Committees in charge upon request; and attend formal criticism meetings against persons serving suspended sentences upon request of the People’s Committee of commune or the military unit in charge.
Section 2. EXECUTION OF WARNING PENALTY
Article 95. Execution of the warning penalty
1. Within 7 days after the judgment becomes legally effective, the court which has conducted the first-instance trial shall send the judgment to the person receiving the warning penalty, the criminal judgment execution agency of the district-level police office or military zone, the commune-level People's Committee or the military unit in which he/she resides or works, and the Justice Department of province where the first instance court is based.
2. Criminal judgment execution agencies of district-level police offices or military zones shall conduct supervision and make statistics and reports under this Law.
Section 3. EXECUTION OF COMMUNITY SENTENCE
Article 96. Decision on execution of community sentence
1. A decision on execution of community sentence must clearly indicate the full name of the decision maker; the judgment to be executed; the full name, date of birth and place of residence of the sentenced person; the community sentence term; additional penalty(ies) except for fines; the name of the agency in charge of execution; the commune-level People's Committee or military unit assigned to supervise and educate the sentenced person.
2. Within 3 working days after issuing a decision to execute a community sentence, the issuing court shall send the decision to the following individuals and agencies:
a) The sentenced person and his/her representative if the sentenced person is under 18 years of age;
b) The same-level procuracy;
c) The criminal judgment execution agency of the district-level police office of the place in which the person concerned resides or the criminal judgment execution agency of the military zone in which such person works;
d) The People’s Committee of commune or the military unit in charge of the sentenced person;
dd) The Department of Justice of the province where the issuing court is based.
Article 97. Execution of decision on execution of community sentence
1. Within 3 working days after receiving the community sentence execution decision, the criminal judgment execution agency of the district-level police office or military zone shall summon the sentenced person or a lawful representative of the minor sentenced person to the head office of the commune-level People's Committee of the place in which such person resides or the military unit for which such person works and he/she shall commit to serve the sentence. The sentenced person or representative must present himself/herself upon the summons, except for force majeure events or objective hindrance. If the sentenced person fails to present him/herself upon the summons or commit to serve the sentence, the criminal judgment execution agency of district-level police office or of military zone shall take a record of violation.
2. On receiving the community sentence execution decision, the criminal judgment execution agency of district-level police office or of military zone shall prepare a judgment execution dossier and send a copy of dossier to the People’s Committee of commune or the military unit in charge assigned to supervise and educate the sentenced person. Such dossier includes:
a) A legally effective court judgment or decision;
b) The decision to execute the community sentence;
c) Commitment of the sentenced person. If such person is between full 14 years and under 16 years old, his/her commitment must be certified by his/her lawful representative;
d) Other relevant documents.
3. Within 7 days after summoning the sentenced person, the commune-level People's Committee or military unit assigned to supervise and educate the sentenced person shall prepare a dossier of supervision and education of such person. Such dossier includes:
a) Copies of documents prescribed in Clause 2 of this Article;
b) Remark of the sentenced person’s performance of community order requirements made by the People’s Committee of commune or the military unit in charge;
c) The self-evaluation of the sentenced person’s compliance with community order requirements; and a written self-criticism and a meeting minutes of formal criticism if the sentenced person is put on formal criticism as prescribed in Article 105 of this Law;
d) A decision on reduction of or exemption from the duration of serving community sentence issued by the court if the sentenced person is so granted;
dd) Other relevant documents.
4. 3 days before the serving time expires, the People’s Committee of commune or the military unit in charge shall hand over the dossier of supervision and education of the sentenced person to the criminal judgment execution agency of district-level police office or of military zone. On the final day of the serving time of the community sentence, the criminal judgment execution agency of district-level police office or of military zone shall issue the sentenced person with a certificate of complete serving of community sentence. The certificate shall be sent to the sentenced person, the People’s Committee of commune or the military unit in charge, the court which issued the judgment execution decision, the same-level Procuracy and Department of Justice of province where the court which issued the judgment execution decision is based.
5. If the sentenced person dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it to the agencies prescribed in Points b, c, d, and dd Clause 2 Article 96 of this Law.
Article 98. Tasks and powers of the People’s Committee of commune or the military unit in charge of the persons serving community sentence
1. The People’s Committee of commune in charge of a sentenced person has the following tasks and powers:
a) Prepare relevant dossier and supervise and educate the sentenced person and hand over the dossier to the competent criminal judgment execution agency as per this Law;
b) Require the sentenced person to fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation of law;
c) Commend the sentenced person sentence for his/her considerable progress or great merits (if any);
d) Give approval for the sentenced person's absence from his/her place of residence as prescribed in this Law and law on residence;
dd) Cooperate with socio-political organizations, sentenced person’s family and places where the sentenced person works or studies in supervising him/her;
e) Report the criminal judgment execution agency of district-level police office to request the competent court to consider reduction of or exemption from the duration of serving sentence;
g) Cooperate with the civil enforcement agency in deducting particle amount from the sentenced person's income and transferring it to state budget under a legally effective court decision;
h) Supervise the sentenced person when he/she performs community services;
i) Request the competent authority or person to impose administrative penalties or bring criminal prosecution against the sentenced person in the case prescribed in Clause 2 Article 105 of this Law;
k) Make monthly remarks of the sentenced person’s compliance with community order requirements and keep the dossier of supervision and education;
l) Report on the judgment execution result to the competent criminal judgment execution agency.
2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.
3. The military unit in charge of a compliance with community order requirements has the following tasks and powers:
a) The tasks and powers prescribed in Points a, b, c, g, I, k and l Clause 1 hereof;
b) Cooperate with the People’s Committee of commune in giving approval for the sentenced person's absence from his/her place of residence as prescribed in this Law and law on residence;
c) Cooperate with the sentenced person’s family and the People’s Committee of commune in supervising and educating him/her;
d) Report the criminal judgment execution agency of military zone to request the competent court to consider reduction of or exemption from the duration of serving sentence.
Article 99. Obligations of persons serving community sentences
1. Present himself/herself upon the summons and commit to serve the sentence as prescribed in Clause 1 Article 97 of this Law.
2. Strictly abide by law compliance statement, fulfill citizen obligations, international regulations of their places of residence or work; actively participate in labor and study; fulfill obligation to pay damages and serve the additional penalty(ies) under the court judgment.
3. Pay partial amount of income which is deducted; perform certain community services as per the law.
4. Submit to the supervision and education of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone where he/she resides or works.
5. Abide by regulations prescribed in Article 100 of this Law.
6. Present himself/herself at the request of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone.
7. Send monthly self-remarks of the sentenced person’s compliance with community order requirements to the People’s Committee of commune or the military unit in charge, except for the case prescribed in Clause 1 Article 100 of this Law.
Article 100. Dealing with the person serving community sentence’s absence from or change of the place of residence or work
1. A person serving community sentence may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and make a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall not exceed 30 days each and total absence duration may not exceed one third of the serving time, unless the sentenced person has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.
2. When seeking permission for absence from place of residence, a sentenced person must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provide explanation in writing. When the sentenced person comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the sentenced person commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall send a notice enclosed with relevant documents to the People’s Committee of commune or the military unit in charge.
3. The sentenced person’s change of place of residence or work in military shall be dealt with in accordance with Article 68 of this Law.
4. The sentenced person may not leave Vietnam’s territory during his/her serving time.
Article 101. Work and learning of persons serving community sentences
1. If a sentenced person who is an official, public employee, commissioned officer, professional soldier, non­commissioned officer, soldier, defense worker, public security worker or another employee, is allowed to continue working at that workplace, he/she shall be given a job which meets supervision and education requirements, receive a pay and other benefits suitable to the job he/she performs, and this working duration shall be included in his/her working or service time under law.
2. If a sentenced person is admitted to study in a compulsory education institution or vocational education institution, he/she may benefit policies of such institution.
3. A sentenced person not falling under any case prescribed in Clause 1 and Clause 2 of this Article may be enabled to find a job by the People’s Committee of commune in charge.
4. A sentenced person who is entitled to incentives for persons with meritorious services to the revolution or on social insurance scheme may keep benefiting those policies as per the law.
5. A sentenced person who has no employment or losses a job during his/her serving time is required to perform certain community services.
Within 3 working days from the date on which the sentenced person is determined as unemployed or losing his/her job, the commune-level police office shall report the same-level People’s Committee in writing; within 3 working days after receiving the report, the People’s Committee of commune shall report the criminal judgment execution agency of district-level police office.
Within 3 working days after receiving the report of the People’s Committee of commune, the criminal judgment execution agency of district-level police office shall consider forcing the sentenced person to perform certain community services.
The report of the People’s Committee of commune and decision of the criminal judgment execution agency of district-level police office shall specify the type of service(s) and estimated performance duration that the sentenced person is bound by.
Based on the decision to force the sentenced person to perform certain community services, the People’s Committee of commune shall assign the sentenced person certain community services under the supervision of the commune-level police office.
Article 102. Reduction of the duration of serving community sentences
1. The sentenced person may be granted the reduction of the duration of serving sentence by the People’s Court of district or regional military court when he/she:
a) has served one third of the serving time; or one fourth of the serving time in case of a minor;
b) has strictly complied with laws and regulations and probation conditions prescribed in Article 99 of this Law; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authorities;
c) has paid partial civil damages if he/she incurs civil liability.
2. The sentenced person shall be considered for reduction of the duration of serving prison sentence once a year, with 3 to 9 months for each reduction.
3. The sentenced person may be granted reduction of the duration of serving prison sentence multiple times provided that he/she has served a half of the sentence in fact, or two-fifths of the sentence in case of a minor.
4. A sentenced person who has made merits, is a decrepit old person or has suffered a fatal disease and has served one-fourth of the sentence may be considered for reduction of the duration of serving sentence, with up to 1 year for each reduction provided that he/she has served two-fifths of the sentence.
5. A sentenced person who is a minor and has made merits or has suffered a fatal disease may be considered for reduction of the duration of serving sentence immediately. If he/she has already served two-fifths of the sentence, the remainder of the sentence may be eliminated.
Article 103. Procedures for reduction of the duration of serving community sentences
1. The People’s Committee of commune or the military unit in charge of a sentenced person shall verify if he/she meets all conditions for reduction of the duration of serving sentence as prescribed. If so, the People’s Committee of commune or the military unit in charge shall send a request for reduction of the duration of serving sentence enclosed with relevant documents to the criminal judgment execution agency of district-level police office or of military zone for consideration.
2. Within 7 days after receiving such a request, the criminal judgment execution agency of district-level police office shall send its request for reduction of the duration of serving sentence of eligible persons enclosed with relevant documents to the same-level court and procuracy. If such sentenced person is not eligible for reduction of the duration of serving sentence, the criminal judgment execution agency of district-level police office shall notify the People’s Committee of commune in charge in writing.
Within 7 days after receiving such a request, the criminal judgment execution agency of military zone shall send its request for reduction of the duration of serving sentence of eligible person enclosed with relevant documents to the regional military court and procuracy. If such sentenced person is not eligible for reduction of the duration of serving sentence, the criminal judgment execution agency of military zone shall notify the military unit in charge in writing.
3. A request dossier for reduction of the duration of serving sentence shall include:
a) A request for reduction of the duration of serving sentence made by the sentenced person;
b) A copy of the judgment. In case of consideration of the second-time reduction of the duration of serving sentence, a copy of judgment execution decision is required instead;
c) The request for reduction of the duration of serving sentence made by the People’s Committee of commune or the military unit in charge of the sentenced person;
d) The commendation decision or certificate of merit issued by a competent agency, for those who have received commendation or made a great merit; or certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease; document proving that they have fulfilled a part of civil liability;
dd) A copy of the decision on reduction of the duration of serving sentence if the sentenced person is so granted;
e) Other relevant documents.
4. Within 07 days after receiving a request dossier for reduction of the duration of serving the prison sentence, the chief judge of people's court of district or the chief Judge of military court of the military zone in which the sentenced person resides or work shall establish a council and hold a meeting to consider the request for reduction of the duration of serving community sentence. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
5. Within 3 working days after issuing a decision to wholly, partially accept or not accept the reduction of duration of serving the sentence, the court shall send this decision to the sentenced person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based.
Article 104. Procedures for exemption from the duration of serving community sentence
1. The people’s procuracy of district-level police office or of military zone where the sentenced person resides or works shall, at their discretion or at the request of the criminal judgment execution agency of district-level police office or of military zone, send a request dossier to the same-level procuracy court for exemption from serving sentence. Such dossier includes:
a) A copy of the legally effective court judgment;
b) The written request of the chief procurator;
c) A request made by the criminal judgment execution agency if this agency makes such a request;
d) A request for exemption from serving sentence made by the sentenced person or his/her representative as per the law;
dd) The commendation certificate of merit issued by a competent agency, for those who have made merits; certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease; the certification of good observance of law or severely disadvantaged family circumstances issued by the competent agency, for those who have observed law well have severely disadvantaged family circumstances.
2. Within 15 days after receiving a dossier prescribed in Clause 1 hereof, the chief judge shall establish a council and hold a meeting to consider the request for exemption from serving sentence. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
3. Within 3 working days after issuing a decision to exempt the duration of serving the sentence, the court shall send this decision to the sentenced person concerned, , the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision and the People’s Committee of commune or military unit in charge or Department of Justice of province where the court which issued the decision is based.
Article 105. Actions against violations committed by persons serving community sentences
1. If the sentenced person deliberately violates the terms of community sentence as prescribed in Article 99 of this Law, the commune-level police office or military unit shall take a violation report. If two violation reports have been taken but the sentenced person still violates the terms of community sentence, the commune-level police office shall request the People’s Committee of commune in charge to hold a formal criticism against him/her; if the sentenced person is supervised by a military unit, such military unit shall hold a formal criticism against him/her.
The formal criticism shall be recorded in writing and included in the supervision dossier and reported to the criminal judgment execution agency of district-level police office or of military zone.
2. A sentenced person who was formally criticized but still intentionally violates the terms of community sentence as prescribed in Article 99 of this Law, he/she shall not be considered for reduction of the duration of serving sentence. Depending on nature and severity of the violation, the People’s Committee of commune or the military unit in charge shall request the competent authority to impose an administrative penalty or bring criminal prosecution against him/her.
Article 106. Responsibilities of agencies, organizations, families of persons serving community sentence in supervision and education
1. Relevant agencies and organizations shall cooperate with the People’s Committee of commune or the military unit in charge in supervising and educating the sentenced person.
2. Families of sentenced persons shall cooperate in supervising and educating these persons and notify the results of serving of the sentences by these persons to the commune-level People's Committees in charge upon request; and attend formal criticism meetings against persons serving suspended sentences upon request of the People’s Committee of commune or the military unit in charge.
Chapter VI
EXECUTION OF PROHIBITION FROM RESIDENCE SENTENCE, MANDATORY SUPERVISION
Section 1. EXECUTION OF PROHIBITION FROM RESIDENCE SENTENCE
Article 107. Procedures for execution of prohibition from residence sentence
1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of prohibition from residence, the superintendent of the prison or detention center or the head of the criminal judgment execution agency of the provincial-level police department or military zone shall notify such in writing the criminal judgment execution agency of the district-level police office of the place to which such person will come to reside and of the place in which he/she is prohibited from residing and the commune-level People's Committees of the place in which such person will come to reside and of the place in which he/she is prohibited from residing.
2. Immediately after an inmate subject to the additional penalty of prohibition from residence completely serves his/her full prison sentence, the prison or detention center or the criminal judgment execution agency of the district-level police office or military zone of the place in which he/she has served the sentence shall send a certificate of complete serving of the prison sentence or a copy of the judgment and a copy of the judgment execution decision to the criminal judgment execution agency of the district-level police office of the place in which the sentenced person will come to reside.
3. Within 5 working days after receiving documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level police office of the place in which the sentenced person will come to reside shall compile and hand over a prohibition from residence sentence execution dossier to the commune-level People's Committee of the place in which such person will come to reside and of the place in which he/she is prohibited from residing. Such a dossier comprises:
a) A copy of the legally effective court judgment;
b) A copy of the decision to execute the prison sentence;
c) The certificate of complete serving of the prison sentence;
d) Other relevant documents.
4. Within 7 days after receiving the required documents prescribed in Clause 3 of this Article, the People’s Committee of commune where the sentenced person resides shall summon the sentenced person and require him/her to make a commitment to serve the sentence and prepare a dossier of supervision and education of such sentenced person. Such a dossier comprises:
a) Documents prescribed in Clause 3 of this Article;
b) A commitment of the sentenced person; remarks of the sentenced person’s performance during prohibition from residence sentence;
c) A report on violation of the sentenced person (if any);
d) A decision on penalty for administrative violation against the sentenced person (if any);
dd) A court decision on exemption from serving the remainder of the prohibition from residence sentence (if any);
e) Other relevant documents.
5. Three days before the expiration of the prohibition from residence term after receiving a decision on exemption from serving the remainder of the prohibition from residence sentence, the commune-level People's Committee shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office for granting a certificate of complete serving of the prohibition from residence sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-granting criminal judgment execution agency is based.
6. If the sentenced person dies, the People’s Committee of commune where the sentenced person resides shall report the criminal judgment execution agency of district-level police office to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the same-level procuracy, criminal judgment execution agency of district-level police office or of military zone, the People’s Committee of commune where the sentenced person resides and where the sentenced person is prohibited from residing, and Department of Justice of province where the court which issued the decision is based.
Article 108. Tasks and powers of commune-level People's Committees of places in which sentenced persons come to reside
1. A commune-level People's Committee of the place in which a sentenced person comes to reside has the following tasks and powers:
a) Receive the dossier and organize supervision and education of the sentenced person; to enable him/her to work and learn in normal condition;
b) Summon the sentenced person to notify the execution of sentence; inform rights and obligations and regulations relevant to the execution of sentence;
c) Give remarks in writing and keep dossier of the sentenced person’s serving of prohibition from residence sentence;
d) Require the sentenced person to commit and fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation of law;
dd) Report the criminal judgment execution agency of district-level police office to request the competent court to consider exemption from the remainder of prohibition from residence sentence;
e) Report on the judgment execution result to the competent criminal judgment execution agency.
2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.
Article 109. Rights and obligations of persons serving prohibition from residence sentence
1. A person serving prohibition from residence sentence shall have the following rights:
a) Travel to places in which they are prohibited from residing when having a plausible reason and obtaining approval of commune-level People's Committees of these places. The duration of each sojourn shall be decided by commune-level People's Committees of places of destination but must not exceed 5 days;
b) Be considered for exemption from serving the prohibition from residence sentence proposed by the People’s Committee of commune where he/she resides as per the law.
2. A person serving prohibition from residence sentence shall have the following obligations:
a) Refrain from residing in areas in which they are prohibited from residing, except for Point a Clause 1 of this Article;
b) Strictly abide by his/her commitment to comply with law;
c) Present himself/herself at the request of the People’s Committee of commune where the sentenced person resides.
Article 110. Procedures for exemption from serving the remainder of the prohibition from residence sentence
1. At the request of the commune-level People's Committee of the place in which a person serving prohibition from residence sentence comes to reside as such person has met all conditions prescribed in Clause 6 Article 62 of the Criminal Code, the criminal judgment execution agency of the district-level police office shall compile a dossier to request the court at the same level to consider exemption from serving the remainder of the prohibition from residence sentence, and send a copy of dossier to the same-level procuracy. Such a dossier comprises:
a) A copy of the legally effective court judgment or decision; a copy of the judgment execution decision;
b) The written request of the commune-level People's Committee;
c) The written request of the criminal judgment execution agency of the district-level police office;
d) A petition of the person serving prohibition from residence for the exemption;
dd) Other relevant documents.
2. Within 15 days after receiving a dossier prescribed in Clause 1 hereof, the chief judge shall establish a council and hold a meeting to consider the request for exemption from the remainder of the prohibition from residence sentence. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
3. Within 3 working days after issuing a decision to exempt the remainder of the prohibition from residence sentence, the court shall send this decision to the sentenced person concerned, the same-level procuracy, the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision and the People’s Committee of commune where he/she resides or Department of Justice of province where the court which issued the decision is based.
Article 111. Actions against persons violating the terms of prohibition from residence sentence
1. If the sentenced person comes to reside without permission or resides longer than the length of time he/she is allowed to reside, the Chief of police office or the president of People’s Committee of commune shall impose an administrative penalty on him/her within their competence, compel him/her to leave the commune and notify the People’s Committee of commune where the sentenced person resides.
2. If the sentenced person fails to fulfill obligations prescribed in Point b and Point c Clause 2 Article 109 of this Law, he/she shall not be considered for exemption from the remainder of the prohibition from residence sentence.
Section 2. EXECUTION OF MANDATORY SUPERVISION
Article 112. Procedures for execution of mandatory supervision
1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of mandatory supervision, the superintendent of the prison shall notify such in writing as prescribed in Clause 1 Article 46 of this Law to the criminal judgment execution agency of the district-level police office and the commune-level People's Committee of the place in which the inmate comes to reside for serving the mandatory supervision.
2. After an inmate subject to the additional penalty of mandatory supervision completely serves the prison sentence, the prison shall hand over the person subject to mandatory supervision together with copies of the judgment and judgment execution decision, the certificate of complete serving of the prison sentence, written assessment of results of the serving of the prison sentence and related documents to the criminal judgment execution agency of the district-level police office at the office of the commune-level People's Committee of the place in which such person will come to reside. The criminal judgment execution agency of the district-level police office shall immediately hand over such person to the commune-level People's Committee for supervision and education.
3. Within 5 working days after receiving the sentenced person, the criminal judgment execution agency of the district-level police office shall compile and deliver a mandatory supervision execution dossier to the commune-level People's Committee. Such a dossier comprises:
a) A copy of the legally effective court judgment;
b) A copy of the decision to execute the prison sentence;
c) The certificate of complete serving of the prison sentence;
c) A minutes on the handover of the person subject to mandatory supervision;
dd) Documents on the process of the serving of the prison sentence and other related documents.
4. Within 7 days after receiving the required documents prescribed in Clause 3 of this Article, the People’s Committee of commune where the sentenced person resides shall summon the sentenced person and require him/her to make a commitment to serve the sentence and prepare a dossier of supervision and education of such sentenced person. Such a dossier comprises:
a) Documents prescribed in Clause 3 of this Article;
b) Commitment of the person subject to mandatory supervision;
c) Remarks of sentenced person’s performance of mandatory supervision;
d) A report on violation of the sentenced person (if any);
dd) A decision on penalty for administrative violation against the sentenced person (if any);
e) A court decision on exemption from serving the remainder of the prohibition from residence sentence (if any);
g) Other relevant documents.
5. Three days before the expiration of the mandatory supervision term or within three days after receiving a decision on exemption from serving the remainder of the mandatory supervision, the commune-level People's Committee shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office for granting a certificate of complete serving of the mandatory supervision. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-granting criminal judgment execution agency is based.
6. If the sentenced person dies, the People’s Committee of commune where the sentenced person resides shall report the criminal judgment execution agency of district-level police office to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the criminal judgment execution agency of district-level police office, the same-level procuracy, the People’s Committee of commune where the sentenced person resides, and Department of Justice of province where the court which issued the decision is based.
Article 113. Tasks and powers of commune-level People's Committees of places in which person subject to mandatory supervision comes to reside
1. A commune-level People's Committee of the place in which a sentenced person comes to reside has the following tasks and powers:
a) Receive the sentenced person and the mandatory supervision execution dossier; organize supervision and education of the sentenced person; enable him/her to normally work and learn in the place of mandatory supervision; make a written remark of the process of the serving of the sentence to be included in the supervision dossier;
b) Summon the sentenced person to notify the execution of sentence; inform rights and obligations and regulations relevant to the execution of sentence;
c) Request the sentenced person to commit and fulfill his/her obligations and fulfill such obligations; take educational and preventive measures when he/she shows signs of law violation; to summon him/her when necessary; to grant permission for him/her to leave the place of mandatory supervision under Article 115 of this Law;
d) Make and send a written remark of the process of the serving of the sentence to the criminal judgment execution agency of the district-level police office once every 3 months;
dd) Report the criminal judgment execution agency of district-level police office to request the competent court to consider exemption from the remainder of mandatory supervision;
e) Report on the judgment execution result to the competent criminal judgment execution agency.
2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.
Article 114. Rights and obligations of persons serving mandatory supervision
1. A person subject to mandatory supervision shall have the following rights:
a) Live with their families in places of mandatory supervision;
b) Choose appropriate jobs, except for occupations, sectors or jobs which they are banned from doing or working as specified by law; to enjoy their labor fruits.
c) freely travel within communes, wards or townships of mandatory supervision;
d) Be considered for exemption from the serving of the remainder of the mandatory supervision under Article 117 of this Law.
2. A person subject to mandatory supervision shall have the following obligations:
a) Submit to the supervision and education of the commune-level People’s Committee of commune and local people; refrain from leaving the place of mandatory supervision without permission;
b) Present him/herself and report on his/her observance of mandatory supervision rules to the commune-level People's Committee in the place of mandatory supervision once in the first week of a month;
c) Be present at a prescribed place when summoned by the commune-level People's Committee or to give a plausible reason in case of absence;
d) Strictly observe policies, laws and regulations of the local administration; to actively work, learn and reform him/herself into a person useful for the society;
dd) Declare his/her permitted temporary absence from the place of mandatory supervision; present him/herself, produce the written permission and register his/her temporary residence or sojourn with the commune-level police office of the place of destination under regulations; return to the place of mandatory supervision within the prescribed time limit and present him/herself to the commune-level People's Committee.
Article 115. Permission for persons subject to mandatory supervision to leave their places of mandatory supervision
1. When having a plausible reason, a person subject to mandatory supervision may be permitted to leave his/her place of mandatory supervision. The competence to grant permission is as follows:
a) The chairperson of the commune-level People's Committee in the place of mandatory supervision shall grant permission for travel within the district of the place of mandatory supervision;
b) The head of the criminal judgment execution agency of the district-level police office shall grant permission for travel within the province of the place of mandatory supervision;
c) The head of the criminal judgment execution agency of the provincial-level police department shall grant permission for travel out of the province of the place of mandatory supervision.
2. The duration in which a person subject to mandatory supervision is permitted to be absent from the place of mandatory supervision shall be decided by the person competent to grant the permission but must not exceed 10 days. In case such person needs medical treatment, his/her duration of absence from the place of mandatory supervision may be equal to the duration of medical treatment at a health facility.
Article 116. Actions against persons violating the mandatory supervision rules
1. If the sentenced person deliberately violates the mandatory supervision rules as prescribed in Clause 2 Article 144 of this Law, the commune-level police office or military unit shall take a violation report and include it in the judgment execution dossier.
2. The person subject to mandatory supervision leaves the place of mandatory supervision without justifiable reasons, the leaving duration shall not be included in the serving time of mandatory supervision.
The person subject to mandatory supervision who violates the obligations prescribed in Clause 2 Article 114 of this Law shall, depending on nature and severity of the violation, face penalties for administrative violations or criminal prosecution.
Article 117. Procedures for exemption from serving the remainder of mandatory supervision
1. At the request of the commune-level People's Committee of place of mandatory supervision as such person has met all conditions prescribed in Clause 6 Article 62 of the Criminal Code, the criminal judgment execution agency of the district-level police office shall compile a dossier to request the court at the same level to consider exemption from serving the remainder of the mandatory supervision, and send a copy of dossier to the same-level procuracy. Such a dossier comprises:
a) A copy of the legally effective court judgment or decision; a copy of the judgment execution decision;
b) The written request of the commune-level People's Committee of the place of mandatory supervision;
c) The written request of the criminal judgment execution agency of the district-level police office;
d) A petition of the person subject to the mandatory supervision for exemption from serving the sentence;
dd) Other relevant documents.
2. Within 15 days after receiving a dossier prescribed in Clause 1 hereof, the chief judge shall establish a council and hold a meeting to consider the request for exemption from the remainder of the mandatory supervision. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
3. Within 3 working days after issuing a decision to exempt the remainder of mandatory supervision, the court shall send this decision to the sentenced person concerned, the same-level procuracy, the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision and the People’s Committee of commune of place of mandatory supervision or Department of Justice of province where the court which issued the decision is based.
Chapter VII
EXECUTION OF EXPULSION SENTENCE
Article 118. Expulsion sentence execution decisions
1. In case expulsion is the principal penalty or an additional penalty while the principal penalty is a fine, the court which has conducted the first-instance trial shall issue a judgment execution decision. Such a decision must clearly indicate the full name and position of the decision maker; the judgment to be executed; the full name, date of birth and place of residence of the sentenced person; additional penalty(ies); and the name of the agency responsible for executing the sentence.
2. In case expulsion is an additional penalty, the judgment execution decision must fully indicate the principal penalty and the additional penalty, except the case specified in Clause 1 of this Article.
Article 119. Notification of expulsion sentence execution
1. A court which issues an expulsion sentence execution decision under Clause 1 of Article 118 of this Law shall promptly send this decision to the criminal judgment execution agency of the provincial-level police department, the same-level procuracy and the provincial-level Justice Department of the place in which the issuing court is based. The criminal judgment execution agency of the provincial-level police department shall deliver the judgment execution decision to the sentenced person and promptly notify such to the Ministry of Foreign Affairs of Vietnam, the diplomatic representation mission or the consular office of the country of which the sentenced person is a citizen or the representative office of the international organization in which he/she works, and the agency or organization which has sponsored his/her entry in Vietnam. In case the sentenced person is held in a detention center, the decision shall be sent to the detention center and the criminal judgment execution agency of the district-level police office in the place of detention for subsequent delivery to such person.
2. In case an inmate is subject to the additional penalty of expulsion under Clause 2, Article 118 of this Law, 2 months before the expiration of the prison sentence term, the superintendent of the prison notify in writing to such inmate and the criminal judgment execution agency of the provincial-level police department of the place in which the prison is based. The criminal judgment execution agency of the provincial-level police department shall notify such to the Ministry of Foreign Affairs of Vietnam, the diplomatic representation mission or the consular office of the country of which the person subject to the expulsion sentence is a citizen or the representative office of the international organization in which he/she works, and the agency or organization which has sponsored his/her entry in Vietnam.
Article 120. Expulsion sentence execution dossiers
1. Criminal judgment execution agencies of provincial-level police departments shall compile expulsion sentence execution dossiers.
2. An expulsion sentence execution dossier comprises:
a) A copy of the legally effective judgment; the expulsion sentence execution decision or a copy of the prison sentence execution decision in case expulsion is an additional penalty;
b) A copy of the passport or a copy of a valid substitute paper of the sentenced person;
c) Written certification of complete serving of other penalties or fulfillment of other obligations;
d) Other relevant documents.
Article 121. Stay pending exit
1. Pending his/her exit from Vietnam, a person subject to the expulsion sentence shall stay in a place designated by the criminal judgment execution agency of the provincial-level police department.
2. The criminal judgment execution agency of the provincial-level police department shall send a person subject to expulsion to an accommodation establishment of the Ministry of Public Security in case he/she:
a) has no place of permanent residence or temporary residence:
b) has illegally entered the country or committed a serious, very serious or extremely serious crime;
c) has left the previously designated accommodation establishment without permission or failed to comply with management and supervision measures of a competent agency;
d) has committed an illegal act or is believed to be likely to commit an illegal act pending his/her exit;
dd) has escaped, prepared for escape or otherwise obstructed the execution of the expulsion sentence;
e) has contracted an infectious disease category A specified in the Law on Prevention and Control of Infectious Diseases; or
g) wishes to stay in an accommodation establishment.
3. Procedures for sending a person subject to the expulsion sentence to an accommodation establishment are as follows:
a) In case he/she is on bail, the criminal judgment execution agency of the provincial-level police department shall escort him/her to an accommodation establishment;
b) In case he/she is held in a detention center, the criminal judgment execution agency of the district-level police office of the place of detention shall, upon receiving the judgment execution decision, hand over him/her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment;
c) If the inmate subject to the additional penalty of expulsion has completely served the prison sentence, the prison shall hand over him/her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment.
4. In case a person subject to the expulsion sentence dies pending his/her exit from Vietnam, the designated accommodation establishment or place of stay shall promptly notify the death to the criminal judgment execution agency of the provincial-level police department, an investigative agency or a competent procuracy for identifying the cause of the death. The criminal judgment execution agency of the provincial-level police department shall notify the death in writing or via fax to the court which has issued the expulsion sentence execution decision, the Ministry of Foreign Affairs of Vietnam, the diplomatic mission or consular office of the country of which he/she is a citizen or the representative office of the international organization in which he/she works and the agency or organization which has guaranteed his/her entry in Vietnam. After obtaining permission of a competent agency, the criminal judgment execution agency of the provincial-level police department shall organize his/her burial. In case his/her relative or lawful representative requests to receive his/her corpse for burial and bear burial expenses, the criminal judgment execution agency of the provincial-level police department shall consider and settle the request.
5. The Government shall specify food rations, accommodation and other daily-life activities, visits, medical examination and treatment for persons subject to the expulsion sentence during their stay in accommodation establishments, and expenses for burial of those who die in these establishments.
Article 122. Handling of cases of escaped persons subject to the expulsion sentence
1. In case a person subject to the expulsion sentence escapes, the designated accommodation establishment or place of stay shall take a record thereon and promptly notify such to the criminal judgment execution agency of the provincial-level police department of the place in where the designated accommodation establishment or place of stay is located. Upon receiving such notice, the criminal judgment execution agency of the provincial-level police department shall promptly organize the pursuit of the escaped person. If the pursuit is in vain, the criminal judgment execution agency of provincial-level police department shall release a wanted notice within 7 days.
2. If the escaped person turns him/herself in, the receiving agency shall take a report thereon and notify such to the criminal judgment execution agency of the provincial-level police department for the latter to receive and send him/her to an accommodation establishment.
Article 123. Compulsion of exit from Vietnamese territory
1. Upon the expiration of the time limit for a person subject to the expulsion sentence to leave the Vietnamese territory, the criminal judgment execution agency of the provincial-level police department shall cooperate with a competent immigration management agency in checking the personal identity paper of such person and escort him/her to the place of exit and compel his/her to leave the Vietnamese territory. Such person may carry along his/her lawful personal possessions on his/her exit. Within 10 days after completely executing the expulsion sentence, the criminal judgment execution agency of the provincial-level police department shall notify the execution to the court which has issued the judgment execution decision, the same-level procuracy and the national center for personal judicial records.
2. The court which has issued the judgment execution decision is competent to decide on extension of the time limit for compelled exit from the Vietnamese territory of the sentenced person who:
a) is seriously ill or under intensive medical care and therefore unable to move as certified by a medical agency or a provincial- or higher-level hospital;
b) is currently serving another judgment or performing another obligation under Vietnam's law; or
c) cannot leave the Vietnamese territory for a plausible reason as certified by the head of the criminal judgment execution agency of the provincial-level police department.
3. Within 3 working days from the date on which the decision on extension of the time limit for compelled exit from the Vietnamese territory is issued, the court shall send it to criminal judgment execution agency of provincial-level police department where the court which has issued the judgment execution decision is based and the same-level procuracy.
Article 124. Expulsion expenses
Persons serving the expulsion sentence shall bear all air, road, railway and sea travel fares for their exit from the Vietnamese territory. In case such a person is unable to bear these expenses him/herself, the criminal judgment execution agency of the provincial-level police department shall cooperate with the immigration management agency in requesting the diplomatic mission or consular office of the country of which such person is a citizen or the representative office of the international organization in which he/she works or the agency or organization which has sponsored his/her entry in Vietnam to pay expenses for sending him/her to his/her country. In case a request has already been made but such agency or organization still fails to pay expenses and expulsion must be executed immediately for a national security reason, the head of the criminal judgment execution agency of the provincial-level police department shall report such to the criminal judgment execution management agency of the Ministry of Public Security for decision on use of the slate budget to pay air, road, railway and sea travel fares for such person.
Chapter VIII
EXECUTION OF THE SENTENCE OF DEPRIVATION OF CERTAIN CIVIL RIGHTS
Article 125. Procedures for execution of the sentence of deprivation of certain civil rights
1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional sentence of deprivation of certain civil rights, the superintendent of the prison or detention center, or the head of the criminal judgment execution agency of the provincial-level police department in case this inmate serves the sentence at the criminal judgment execution agency of the district-level police office, shall notify in writing the execution of the additional penalty to the commune-level People's Committee, the criminal judgment execution agency of the district-level police office and the district-level people's procuracy, and Department of Justice of the place in which this inmate will come to reside.
2. After an inmate subject to the additional sentence of deprivation of certain civil rights completely serves the prison sentence, the prison, detention center, criminal judgment execution agency of district-level police office or of military zone shall send the certificate of complete serving of the prison sentence and copies of the judgment and judgment execution decision to the criminal judgment execution agency of the district-level police office of the place in which this inmate will come to reside.
3. Within 5 working days after receiving the documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level police office of the place in which the inmate will come to reside shall compile a dossier for execution of the sentence of deprivation of certain civil rights and notify such to the commune-level People's Committee of the place in which the inmate comes to reside. Such a dossier comprises:
a) A copy of the legally effective court judgment or decision; a copy of the judgment execution decision;
b) The certificate of complete serving of the prison sentence;
c) Other relevant documents.
4. In case a person subject to the sentence of deprivation of certain civil rights is allowed to serve a suspended sentence, the court which has issued the judgment execution decision shall send copies of the judgment and the judgment execution decision to the criminal judgment execution agency of the district-level police office. The criminal judgment execution agency of the district-level police office shall compile a dossier and notify such to the agency in which such person works or the commune-level People's Committee of the place in which such person resides.
5. The criminal judgment execution agency of the district-level police office shall monitor and supervise the execution of the sentence of deprivation of certain civil rights under the court judgment; provide a list of persons subject to deprivation of certain citizenship rights upon request of competent agencies.
Upon the expiration of the sentence term, the criminal judgment execution agency of the district-level police office shall grant a certificate of complete serving of the sentence of deprivation of certain civil rights. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-issuing criminal judgment execution agency is based.
6. If the sentenced person dies, the People’s Committee of commune where the sentenced person resides shall report the criminal judgment execution agency of district-level police office to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the criminal judgment execution agency of district-level police office, the same-level procuracy, the People’s Committee of commune where the sentenced person resides, and Department of Justice of province where the court which issued the decision is based.
Article 126. Deprivation of the right to stand for candidates for deputies to a state power agency
During the period of deprivation of the right to stand for a candidate for a deputy to a state power agency, a sentenced person may not stand for a candidate for a deputy to a state power agency.
Article 127. Deprivation of the right to work in state agencies
1. During the period of deprivation of the right to work in state agencies, a sentenced person may neither apply for a job nor continue working in a state agency.
2. In case a sentenced person who is an official or public employee in a state agency is deprived of the right to work in state agencies, the agency in which he/she works shall issue a decision or request a competent state agency to issue a decision to compel such person to resign from office or stop working during the period of deprivation of the right to work in state agencies.
Article 128. Deprivation of the right to serve in people's armed forces
1. During the period of deprivation of the right to serve in people's armed forces, a sentenced person may not conscript him/herself into military service; may neither be recruited nor continue working as a civil servant, public employee or defense worker in the People's Army; may neither be recruited nor continue serving in the People's Public Security Force.
2. In case a sentenced person who is a serviceman, civil servant, public employee or defense worker in the People's Army or who serves in a People's Public Security Force agency or unit is deprived of the right to serve in people's armed forces, the unit in which he/she serves or works shall issue a decision or request a competent agency to issue a decision to compel him/her to leave people's armed forces.
Chapter IX
EXECUTION OF THE SENTENCE OF PROHIBITION FROM HOLDING CERTAIN POSITIONS, PRACTICING CERTAIN PROFESSIONS OR PERFORMING CERTAIN JOBS
Article 129. Procedures for execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs
1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs, the superintendent of the prison or detention center, or the head of the criminal judgment execution agency of the district-level police office of the place in which this inmate serves the prison sentence shall notify in writing the execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs to the commune-level People's Committee, the criminal judgment execution agency of the district-level police office and the district-level people's procuracy of the place in which this inmate will come to reside or to the criminal judgment execution agency and the procuracy of the military zone in which the unit such person will work in is based.
2. Right after an inmate subject to the additional sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs completely serves the prison sentence, the prison, detention center or criminal judgment execution agency of the provincial-level police department shall send the certificate of complete serving of the prison sentence and copies of the judgment and the judgment execution decision to the Department of Justice, the criminal judgment execution agency of the district-level police office and the district-level procuracy of the place in which this inmate will come to reside or to the criminal judgment execution agency and the procuracy of the military zone in which the unit such person will work in is based.
3. Within 5 working days after receiving the documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier for execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs and notify such in writing to the commune-level People's Committee of the locality in which the sentenced person will reside. Such a dossier comprises:
a) A copy of the legally effective court judgment or decision; a copy of the judgment execution decision;
b) The certificate of complete serving of the prison sentence;
c) Other relevant documents.
4. In case a person subject to an additional penalty of prohibition from holding certain positions, practicing certain professions or performing certain jobs is obliged to serve the principal penalty of warning, fine or community sentence or is allowed to serve a suspended sentence, the term of the prohibition from holding certain positions, practicing certain professions or performing certain jobs shall be counted from the date the judgment becomes legally effective. The court which has issued the judgment execution decision shall send copies of the judgment and the judgment execution decision to the Department of Justice, the criminal judgment execution agency of the district-level police office and procuracy of the place in which such person will reside or the criminal judgment execution agency and procuracy of the military zone in which the unit such person will work in is based. Upon receiving the judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier and notify such to the agency, organization or military unit in which the person serving the sentence will work or the commune-level People's Committee of the place in which such person will reside.
5. The criminal judgment execution agency of the district-level police office or military zone shall monitor and supervise the serving of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs under the court judgment. During the serving time, if the sentenced person is found holding a prohibited position, practicing a prohibited profession or performing a prohibited job, the criminal judgment execution agency of district-level police office or of military zone shall notify his/her place of work of such violation to compel him/her to strictly serve the judgment.
6. Upon the expiration of the sentence term, the criminal judgment execution agency of the district-level police office or of military zone shall grant a certificate of complete serving of the sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/she resides, the agency, organization or military unit in which he/she works, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-issuing criminal judgment execution agency is based.
7. If the sentenced person dies, the People’s Committee of commune where he/she resides or military unit where he/she works shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the criminal judgment execution agency of district-level police office or of military zone, the same-level procuracy, the People’s Committee of commune where the sentenced person resides or the military unit where the sentenced person works, and Department of Justice of province where the court which issued the decision is based.
Article 130. Obligations of persons serving the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs
1. Report on positions, professions or jobs he/she is prohibited from holding, practicing or performing to the agency or organization in which he/she works and to the commune-level People's Committee of the place in which he/she resides.
2. Refrain from further holding, practicing or doing or to be forced to refuse holding, practicing or doing certain positions, professions or jobs subject to the prohibition.
3. Refrain from standing for the prohibited positions.
4. Report the People’s Committee of commune where he/she resides in case he/she no longer works for his/her agency or organization or changes the workplace.
5. Present him/herself when being summoned by a competent agency in relation to his/her judgment execution.
Article 131. Responsibilities to execute the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs
1. The agency or organization in which a sentenced person works shall:
a) Issue a decision to dismiss him/her from a position he/she is prohibited from holding or request a competent authority to issue such a decision and publicly notify it within the agency or organization;
b) Refrain from nominating, promoting, appointing or arranging him/her to a position, job or profession from which he/she is prohibited;
c) Report judgment execution results to the criminal judgment execution agency of the district-level police office or military zone;
d) Notify the agency or organization in which he/she is transferred to work of his/her serving of the sentence. This agency or organization shall comply with Points a, b and c of this Clause.
2. A commune-level People's Committee of the place in which a sentenced person comes to reside has the following responsibilities:
a) Publicly notify the judgment in the place in which he/she comes to reside;
b) Report on judgment execution results to the criminal judgment execution agency of the district-level police office;
c) In case he/she moves to a new place of residence, notify the commune-level People's Committee in this place of his/her serving of the sentence. The commune-level People's Committee the new place of residence shall comply with Points a and b of this Clause.
Chapter X
EXECUTION OF JUDICIAL MEASURES
Section I. GENERAL PROVISIONS ON EXECUTION OF JUDICIAL MEASURES
Article 132. Decisions to apply judicial measures
1. Decisions to apply judicial measures include:
a) Decisions of courts or procuracies to apply the measure of compulsory medical treatment;
b) Judgments or decisions of courts to apply the measure of sending minor offenders to a reformatory.
2. A decision to apply a judicial measure must clearly indicate the name of the agency and full name and position of the decision maker; full name, date of birth and place of residence of the person subject to the judicial measure; and name of the agency responsible for the execution.
3. Within 3 working days after issuing a decision, the issuing agency shall send such decision to the following individual and agencies:
a) The person subject to the judicial measure or his/her lawful representative;
b) The same-level procuracy, in case the decision is issued by a court;
c) The criminal judgment execution agency of the district-level police office of the place in which the person subject to the judicial measure resides;
d) The mental hospital, in case of compulsory medical treatment;
dd) The agency which has requested the court or procuracy to apply the measure of compulsory medical treatment.
Article 133. Agencies tasked to execute judicial measures
1. Health facilities tasked to compulsory medical treatment of mental diseases shall provide medical examination and treatment for the person subject to compulsory medical treatment.
2. Reformatories shall execute the judicial measure of education in reformatories.
Article 134. Tasks and powers of procuracies in executing judicial measures
1. Tasks and powers of procuracies in applying and executing judicial measures comply with the provisions of this Chapter.
2. Procuracies shall supervise the observance of law by agencies, organizations and individuals in executing judicial measures under this Law and relevant laws.
Article 135. Guarantee of conditions for execution of judicial measures
1. The State guarantees facilities and funds for execution of judicial measures.
2. The State encourages agencies, organizations, individuals and families to participate in educating persons subject to judicial measures in reformatories.
Section 2. EXECUTION OF THE MEASURE OF COMPULSORY MEDICAL TREATMENT
Article 136. Competence to request application of the judicial measure of compulsory medical treatment, dossiers for sending persons to an establishment for compulsory medical treatment
1. The competence to request application of the judicial measure of compulsory medical treatment is as follows:
a) An agency which has accepted and is handling a case at the stage of investigation is competent to request application of the measure by the same-level procuracy;
b) A prison, detention center or criminal judgment execution agency of a provincial-level police department at the stage of judgment execution is competent to request application of the measure by a provincial-level people's court of the place or the military court of the military zone where the inmate serves the sentence.
2. An agency requesting application of the judicial measure of compulsory medical treatment shall compile a dossier for sending a person to an establishment for compulsory medical treatment. Such a dossier comprises:
a) A decision of a procuracy or court to apply the measure of compulsory medical treatment;
b) Conclusion of a medical examination council;
c) Resume of the person subject to compulsory medical treatment;
d) Other relevant documents.
3. A court or procuracy which has decided at its own initiative to apply the judicial measure of compulsory medical treatment shall compile a dossier and request an agency currently handling the case at the stage of investigation or a prison, detention center or criminal judgment execution agency of a district-level police office at the stage of judgment execution to send the person concerned to an establishment for compulsory medical treatment.
Article 137. Sending of persons to establishments for compulsory medical treatment
1. Upon receiving a decision to apply the measure of compulsory medical treatment, an agency currently handling a case at the stage of investigation or a prison, detention center or criminal judgment execution agency of a district-level police office at the stage of judgment execution shall hand over the person subject to compulsory medical treatment and his/her dossier to a mental hospital designated under a procuracy or court decision, and concurrently send copies of the decision to apply the measure of compulsory medical treatment to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense.
2. The designated mental hospital shall receive the person subject to compulsory medical treatment and his/her dossier, and make a report on the handover and receipt. The agency responsible for sending the person to the mental hospital shall notify his/her family or relatives of the establishment in which he/she is medically treated.
Article 138. Medical treatment for persons subject to compulsory medical treatment
1. Mental hospitals shall manage and organize medical treatment for persons subject to compulsory medical treatment and may not discriminate against these persons.
2. During the period of compulsory medical treatment, relatives of a person subject to compulsory medical treatment may meet and jointly take care of such person and shall strictly comply with the mental hospital's regulations on patient visits and care.
3. In case a person subject to compulsory medical treatment escapes, the mental hospital shall make a report thereon and promptly notify such to the agency which has requested application of the measure of compulsory medical treatment and his/her family for coordination in pursuing and sending him/her back to the hospital.
4. Expenses incurred in compulsory medical treatment shall be paid by the agency which has requested the application of compulsory medical treatment or the people’s procuracy or the court which decides application of compulsory medical treatment at its discretion from the state budget.
Article 139. Termination of execution of the measure of compulsory medical treatment
1. When a person subject to compulsory medical treatment has fully recovered, the director of the mental hospital shall notify such to the agency which has requested application of this measure so that the latter requests a medical examination council to examine such person's illness.
Based on the conclusion of the medical examination council that such person has fully recovered, the agency which has requested application of the measure of compulsory medical treatment shall request the court or procuracy which has issued the decision to apply the measure to issue a decision to terminate the execution of this measure.
2. The court or procuracy which has issued the decision to terminate the execution of the measure of compulsory medical treatment shall send this decision to the agency which has requested application of this measure for subsequent notification to the mental hospital and relatives of the person subject to the measure.
3. After receiving the termination decision from the court, the agency which has requested application of the measure of compulsory medical treatment shall come to receive the person subject to compulsory medical treatment. The handover and receipt must be recorded in a minutes, clearly indicating the duration of medical treatment at the mental hospital.
Article 140. Handling of cases in which persons subject to compulsory medical treatment die
1. In case a person subject to compulsory medical treatment dies, the director of the mental hospital shall promptly notify such to an investigative agency or the provincial-level procuracy of the place in which the hospital is based for identifying the cause of the death and notify it to relatives of the deceased and agencies specified in Clauses 1 and 3, Article 136 of this Law.
2. After obtaining permission of competent investigative agency and procuracy, the hospital shall organize the burial. Burial expenses shall be paid by the state budget. In case relatives of the deceased wish to receive the corpse for burial and bear burial expenses, the hospital shall hand over the corpse to them for burial. The burial shall be held in a way that ensure security and order and environment hygiene.
Section 3. EXECUTION OF THE MEASURE OF SENDING MINOR OFFENDERS TO A REFORMATORY
Article 141. Procedures for execution of the measure of sending minor offenders to a reformatory
1. Within 3 working days after issuing a judgment or decision to apply the measure of sending a minor offender to a reformatory, the court shall send such judgment or decision to the minor or his/her representative and the criminal judgment execution agency of the district-level police office of the place in which he/she resides.
2. Within 3 working days after receiving the court judgment or decision, the criminal judgment execution agency of the district-level police office of the place in which the minor resides shall report such to the criminal judgment execution management agency of the Ministry of Public Security for issuance of a decision to send him/her to a reformatory.
3. Within 3 working days after receiving the court judgment or decision, the criminal judgment execution agency of the district-level police office of the place in which the minor resides shall report such to the criminal judgment execution management agency of the Ministry of Public Security for issuance of a decision to send him/her to a reformatory.
4. Within 5 working days after receiving the decision of the criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution agency of the district-level police office shall compile a dossier and hand over the minor to the reformatory. Such a dossier comprises:
a) A copy of the legally effective court judgment;
b) The decision to send the minor to a reformatory;
c) The minor's resume certified by the commune-level People's Committee;
d) The personal identification statement;
dd) Other relevant documents.
5. Upon receiving the person subject to the measure of sending to a reformatory (below referred to as reformatory inmate), the principal of the reformatory shall examine the dossier and make a report on the handover and receipt and offer medical check-ups for reformatory inmates. Within 5 working days after receiving the reformatory inmate, the principal of the reformatory shall notify the receipt of the reformatory inmate to his/her parents or lawful representative.
Article 142. Postponement or suspension of the serving of the measure of sending to a reformatory
1. A minor may be allowed to postpone the serving of the measure of sending to a reformatory in the following cases:
a) He/she is seriously ill, receiving an intensive medical care or physically unable to move as certified by a health facility or a hospital of district or higher level;
b) He/she has another plausible reason as certified by the head of the criminal judgment execution agency of the district-level police office,
2. The criminal judgment execution agency of the district-level police office shall carry out procedures for requesting the court which has issued the decision to apply the measure of sending to a reformatory to consider and decide the postponement. Such a dossier comprises:
a) A request of the person subject to the measure of sending to a reformatory made by such person or his/her representative;
b) A conclusion of the health facility of district or higher level on the illness of the person subject to the measure of sending to a reformatory;
c) A guarantee of the representative of the person subject to the measure of sending to a reformatory, certified by the local government.
3. If a reformatory inmate suffers a serious illness, the principal of the reformatory shall prepare a dossier and request the court of district where the reformatory is located in writing to consider the suspension of the measure. A request dossier for suspension shall be made in accordance with Clause 2 hereof.
4. Within 5 working days after receiving such a request dossier, the chief judge of the district-level court shall consider and issue a decision.
5. Within 3 working days from the date on which the court issues a decision on postponement or suspension of serving the measure of sending to the reformatory, the court shall send such decision to the following individuals and agencies:
a) The person subject to the measure of sending to a reformatory or his/her representative;
b) The criminal judgment execution agency of district-level police office which has requested the application of the measure of sending to a reformatory;
c) The same-level procuracy;
d) The court which has issued the decision to apply the measure of sending to a reformatory in case of suspension.
6. When the reason for postponement or suspension no longer exists, the criminal judgment execution agency of the district-level police office where the person subject to the measure of sending to a reformatory resides shall notify such to the court which has issued the decision and sent such person to the reformatory.
Article 143. Handling of cases in which persons subject to the judicial measure of sending to a reformatory escape
1. In case a person against whom a decision to apply the measure of sending to a reformatory has been issued escapes, the criminal judgment execution agency of the district-level police office of the place in which he/she resides shall issue a decision to pursue and take him/her back to the reformatory and report results to the criminal judgment execution management agency of the Ministry of Public Security.
2. Upon detecting an escaped person subject to the judicial measure who is being pursued, an individual, family, agency or organization shall report such to the nearest police office or administration or arrest and take him/her to such an agency. Upon receiving and detaining such person, the police office shall make a report thereon and promptly send him/her to a reformatory.
Article 144. Management of reformatory inmates
1. Reformatory inmates shall submit to supervision and management of officers and teachers of reformatories and strictly observe these reformatories' internal rules.
2. Depending on the reformatory inmates' age, gender, education as well as the nature and severity of their offenses, reformatories shall divide reformatory inmates into groups and classes and assign teachers to directly take charge of them.
3. In case a reformatory inmate escapes, the principal of the reformatory shall issue a pursuit decision and organize the pursuit. The period during which a reformatory inmate escapes shall not be included in the period of execution of the measure of sending to a reformatory. An escaped reformatory inmate who resists the arrest will be subject to a necessary coercive measure as specified by law. People's Committees and police offices shall cooperate with one another in pursuing and arresting escaped reformatory inmates. Anyone who detects a pursued reformatory inmate shall promptly notify such to the nearest police office or People's Committee or arrest and take him/her to such an agency.
Upon arresting or receiving an escaped reformatory inmate, the police office shall make a written report, take testimonies of, detain and manage such person, and promptly notify such to the reformatory which has issued a pursuit decision. Upon receiving such notification, the reformatory shall promptly send a person to receive and take the escaped reformatory inmate back to the reformatory. The handover and receipt of escaped reformatory inmates must be recorded in reports. The detention period shall be included in the period of execution of the measure of sending to a reformatory.
Article 145. Execution of transfer orders
1. Upon receiving a written request of a competent presiding agencies or officers for transfer of a reformatory inmate, the criminal judgment execution management agency of the Ministry of Public Security shall issue a transfer order.
2. When necessary to transfer a reformatory inmate for educational or medical examination and treatment purposes, the principal of the reformatory shall issue a transfer order.
3. A transfer order must contain details specified in Clause 4, Article 40 of this Law.
4. The transfer-requesting agency shall receive the transferred reformatory inmate and return him/her to the reformatory within the time limit indicated in the transfer order, and make a report of the handover and receipt. Expenses incurred in travel and accommodation of transferred reformatory inmates shall be paid from the state budget by agencies receiving them, unless the reformatory inmates are sent to their families for medical treatment as prescribed in Clause 2 Article 151 of this Law.
The transfer period shall be included in the period of serving the measure of sending to a reformatory.
Article 146. General education, vocational educational and job training
1. Reformatory inmates in reformatories shall be provided with general education, vocational education and job training under programs promulgated by the Ministry of Education and Training, the Ministry of Public Security and the Ministry of Labor, War Invalids and Social Affairs.
General education is compulsory for reformatory inmates who have not yet completed primary education or lower secondary education. Appropriate forms of education shall be organized for other reformatory inmates depending on practical capability and conditions.
2. After class, reformatory inmates shall participate in labor activities organized by their reformatories. Reformatories shall assign jobs suitable to the age and health of reformatory inmates so as to assure their normal physical development and may not assign heavy, dangerous or hazardous jobs to them.
The labor time of a reformatory inmate must not exceed his/her learning time. The learning and labor lime of a reformatory inmate must not exceed 7 hours per day and 35 hours per week.
Reformatory inmates' labor fruits shall be used for improving their living and learning conditions and transferred to the community integration fund or commendation refund of reformatory inmates.
3. Reformatory inmates are entitled to days off being Saturdays, Sundays and public holidays as specified by law.
4. Expenses incurred in purchase of textbooks and notebooks and learning equipment for reformatory inmates shall be covered by the state budget.
Article 147. Examination, assessment and grading of reformatory inmates and organization of exams
1. Reformatories shall organize examination, assessment and ranking of their reformatory inmates and organize term, year-end and grade exams, exams for selection of excellent reformatory inmates or other exams.
2. Mark books, school reports, dossiers and forms relevant to the learning of reformatory inmates shall be made according to forms uniformly set by the Ministry of Education and Training.
3. General education and job training certificates granted by reformatories to their reformatory inmates are as valid as certificates granted by general education and job training schools.
Article 148. Cultural, artistic, entertainment and recreational activities
After learning or laboring hours, reformatory inmates may participate in cultural activities, art performances, sports and physical exercise, read books and newspapers, watch television and other recreational activities organized by reformatories.
Article 149. Meals and clothing of reformatory inmates
1. Reformatory inmates are entitled to standard rations of rice, vegetable, meat, fish, sugar, fish sauce, cooking oil, monosodium glutamate, salt and fuel.
On regulatory public holidays and the Tet holiday, reformatory inmates shall be provided with higher food rations not exceeding five times the normal daily one.
Reformatory inmates shall be provided with hygienic food and drink. Meals for ill, diseased or injured reformatory inmates shall be prescribed by medical assistants or medical doctors.
2. Annually, reformatory inmates shall be provided with clothing, blankets, mats, mosquito nets and other items for daily-life use; female reformatory inmates will be additionally provided with items necessary for their personal hygiene.
3. The Government shall elaborate this Article.
Article 150. Lodging conditions and daily-life items of reformatory inmates
1. Depending on the gender, age, personal characteristics, nature and severity of offense of each reformatory inmate, a reformatory shall arrange a suitable lodging place for him/her in a communal room. Such a room must be airy in summer, tight in winter and environmentally sanitary. The minimum sleeping space for each reformatory inmate is 2.5 square meters (m2).
2. Reformatory inmates shall be provided with beds and mats and may use their personal items in daily life activities, except those prohibited in reformatories. Items necessary for daily life activities of reformatory inmates shall be lent or provided by reformatories.
Article 151. Healthcare for reformatory inmates
1. Reformatory inmates shall be given periodical health checks. Sick, diseased or injured reformatory inmates shall be treated in medical facilities of reformatories. For reformatory inmates whose illness, diseases or injuries are beyond the treatment capacity of their reformatories, their principals shall decide to send them to a state health facility.
Expenses incurred in medical examination and treatment shall be paid by reformatories.
2. Expenses incurred in medical examination and treatment specified in Clause 1 of this Article shall be paid by the state budget. Expenses incurred in detoxification or treatment of drug-addicted or HTV/AIDS-affected reformatory inmates in these reformatories shall be paid as prescribed by the Ministry of Finance. For reformatory inmates allowed to leave reformatories for medical treatment in their families, their families shall pay medical examination and treatment expenses.
3. The Government shall elaborate this Article.
Article 152. Handling of cases in which reformatory inmates die
In case a reformatory inmate dies, the principal of his/her reformatory shall promptly notify such to the district-level investigative agency and procuracy of the place in which the reformatory inmate dies for identifying the causes of the death and concurrently notify such to his/her relatives.
After obtaining permission of the investigative agency and procuracy for burial, the reformatory shall organize the burial and report such to the criminal judgment execution management agency of the Ministry of Public Security for notification to the court which has issued the decision to apply the measure of sending to a reformatory. Burial expenses shall be paid by the state budget. In case relatives of the deceased wish to organize the burial themselves and pay burial expenses, the corpse of the deceased shall be handed over to their relatives. The burial shall be held in a way that ensure security and order and environment hygiene.
Article 153. Visits, correspondence and receipt of money, items and personal possessions of reformatory inmates
1. Reformatory inmates may meet their relatives at places of reception in their reformatories and strictly comply with regulations on visits.
2. Reformatory inmates may send and receive letters and presents, except liquor, beer, cigarettes, other stimulants and prohibited articles and materials. Reformatories shall check letters and presents before they are sent or received by reformatory inmates. Reformatory inmates shall deposit their money or valuable papers at their reformatories for management and use under regulations of the reformatories.
Article 154. Termination of the serving of the measure of sending to a reformatory
A reformatory inmate who has served half of the term of serving judicial measure in a reformatory and actively learned and trained him/herself and properly observed internal rules of the reformatory may be considered, at the proposal of the reformatory's principal, by the district-level court of the place in which the reformatory is based for ahead-of-time termination of the serving of the measure. The court issuing the termination decision shall send it to the reformatory inmate, the reformatory, the court which has issued the decision to apply the measure of sending to a reformatory, the same-level procuracy, and the criminal judgment execution management agency of the Ministry of Public Security, and the representative of reformatory inmate. Upon receiving the decision, the principal of the reformatory shall carry out procedures for discharging the reformatory inmate.
Article 155. Commendation, reward, and handling of violations
1. Reformatory inmates who have strictly observed the law and internal rules of reformatories, recorded good or better learning results or merits are entitled to the following forms of commendation or reward under decisions of reformatory principals:
a) Receiving commendation, certificates of merit or presents;
b) Going on sightseeing trips organized by the reformatory.
2. Reformatory inmates who have violated learning or labor discipline or committed other acts in violation of internal rules of reformatories shall, depending on the nature and severity of their violations, be subjected to the following measures under decisions of reformatory principals:
a) Reprimand;
b) Warning;
c) Special education in a separate room not exceeding 5 days;
Reformatory inmates subject to special education shall make written self-criticisms and criticize themselves before their group or class.
3. Decisions on commendation, reward or handling of violations shall be inserted in dossiers of reformatory inmates.
Article 156. Procedures for reformatory inmates to be discharged from reformatory
1. Two months before the expiration of the term of the measure of sending to a reformatory for a reformatory inmate, the principal of the reformatory shall notify in writing the commune-level People's Committee of the locality in which such reformatory inmate will come to reside and his/her family of the date of discharge from the reformatory.
2. On the last day of the term of the measure of sending to a reformatory, the principal shall issue a certificate of complete serving of the measure for the discharged reformatory inmate and send it to the criminal judgment execution management agency of the Ministry of Public Security, the court which has issued the decision to apply the measure and the commune-level People's Committee of the place in which such reformatory inmate will come to reside.
3. When discharged from a reformatory, a reformatory inmate shall return all items lent by the reformatory and may receive his/her money, articles and personal possessions previously deposited at the reformatory, certificates of general education and job training, travel fare and meal allowance for their return to their places of residence. For a reformatory inmate who has made no considerable improvement by the expiration of the term of the measure of sending to a reformatory, the reformatory principal shall make a separate assessment and propose subsequent educational measures to be applied by the commune-level People's Committee and the criminal judgment execution agency of the district-level police office of the place in which such person will come to reside.
4. For a reformatory inmate who has completely served the measure of sending to a reformatory but whose parents and place of residence are unknown, the reformatory shall contact and request the commune-level People's Committee of the place in which it is based to provide board and lodging, and employment or learning supports.
5. For an under-16, sick or diseased reformatory inmate who has no relative coming to receive him/her on the date of discharge, the reformatory shall assign a person to bring him/her back to his/her family or hand him/her over to the commune-level People's Committee of the place in which he/she will come to reside.
6. Within 10 days after the date of discharge, a reformatory inmate who has completely served the measure of sending to a reformatory shall report him/herself to the commune-level People's Committee of the place in which he/she comes to reside.
Article 157. Expenses incurred in execution of the measure of sending to a reformatory
1. Expenses incurred in execution of the measure of sending to a reformatory shall be paid by the state budget. The criminal judgment execution management agency of the Ministry of Public Security shall make annual budget estimates for execution of the measure of sending to a reformatory and incorporate them in its annual budget estimates for submission to the Ministry of Finance for consideration and submission to a competent authority for decision.
2. Reformatories may receive material supports of local People's Committees, domestic agencies, organizations and individuals, foreign individuals and organizations for organizing general education, vocational education, job training, and purchase of learning equipment and daily-life items for their reformatory inmates.
Chapter XI
EXECUTION OF JUDGMENTS AGAINST CORPORATE LEGAL ENTITIES
Article 158. Agencies tasked to execute judgments
1. Criminal judgment execution agencies of provincial-level police departments and of military zones shall execute penalties and judicial measures as prescribed in Articles 78, 79, 80, 81 and Point b, Point c Clause 1 Article 82 of the Criminal Code in accordance with this Law.
2. Civil enforcement agencies shall collect fines as prescribed in Article 77 and enforce judicial measures as prescribed in Point a Clause 1 Article 82 of the Criminal Code in accordance with law on civil judgment enforcement.
Article 159. Decision to execute sentence
1. A decision to execute a sentence must clearly indicate the full name of the decision maker; the judgment or decision to be executed; name of criminal judgment execution agency; name, address, business identification number, taxpayer identification number; principal and additional penalties, judicial measures; and sentence term.
2. Within 3 working days after issuing a decision to execute the sentence, the court which has issued the judgment execution decision shall send it to the following agencies:
a) The sentenced corporate legal entity;
b) The criminal judgment execution agency of the provincial-level police department or military zone;
c) The same-level procuracy;
d) The Department of Justice of the province where the issuing court is based;
dd) National enterprise registration portal.
Article 160. Procedures for execution of sentence
1. The sentenced corporate legal entity shall follow the procedures below:
a) Upon summoned by the criminal judgment execution agency to notify and require execution of a penalty or judicial measure, the legal representative of corporate legal entity shall present himself/herself, except for force majeure events or objective hindrance;
b) Within 3 working days after receiving the judgment execution decision, the corporate legal entity shall disclose such decision on its website, publication and post it up publicly at the head office and business location of the corporate legal entity during the serving time; and notify relevant agencies, organizations, and individuals of its serving of the penalty or judicial measure;
c) The sentenced corporate legal entity must suspend its operation in one or certain lines of business subject to suspension of operation under such a legally effective court judgment or decision;
d) The sentenced corporate legal entity must shut its operation down in one or certain lines of business or the entire operation subject to permanent shutdown under such a legally effective court judgment or decision.
dd) The sentenced corporate legal entity must cease its operation in certain banned lines of business for a given period of time under such a legally effective court judgment or decision. The corporate legal entity may not resume its business or operation from the date on which the court judgment or decision becomes legally effective;
e) The sentenced corporate legal entity must refrain from raising capital in one or certain forms for a given prohibition period time under such a legally effective court judgment or decision. The sentenced corporate legal entity may not raise capital from the date on which the court judgment or decision becomes legally effective;
g) The sentenced corporate legal entity must restore original state or implement some measures for mitigation and prevention of consequences under such a legally effective court judgment or decision;
h) The sentenced corporate legal entity must report in writing to the relevant criminal judgment execution agencies and regulatory agencies on its serving of the penalty(ies) and/or judicial measures under the legally effective court judgment or decision;
i) Follow other procedures as prescribed in relevant laws.
2. The criminal judgment execution agency shall follow the procedures below:
a) After receiving a judgment execution decision, the criminal judgment execution agency shall publish such decision on its website and summon the legal representative of the corporate legal entity concerned to give notice and require judgment execution. If the legal representative of corporate legal entity who was duly served with a summons does not present him/herself, the criminal judgment execution agency shall make a report on his/her absence and keep executing the judgment;
b) Within 5 working days after receiving the judgment execution decision, the criminal judgment execution agency shall request the regulatory agency supervising the corporate legal entity in writing to implement one or certain measures prescribed in Article 164 of this Law;
c) Take charge and cooperate with the regulatory agency supervising the corporate legal entity and other relevant agencies in inspecting and supervising the serving process of the sentenced corporate legal entity;
d) Issue a decision on coercive judgment execution as prescribed in this Law; take charge and cooperate with the regulatory agency supervising the corporate legal entity and other agencies relevant to the coercive judgment execution against the corporate legal entity as prescribed in this Law and relevant laws;
dd) Issue a certificate of complete serving of sentence or certificate of complete serving of judicial measure, publish and send them as prescribed in Article 166 of this Law;
e) Follow other procedures as prescribed in relevant laws.
3. The regulatory agency supervising the corporate legal entity shall follow the procedures below:
a) Implement the measures prescribed in Article 164 of this Law after receiving such a request from the criminal judgment execution agency enclosed with a copy of judgment execution decision and notify the criminal judgment execution agency of the results;
b) Promptly publish the judgment execution decision, measures applied to the corporate legal entity prescribed in Article 164 of this Law, the certificate of complete serving of sentence and the certificate of complete serving of judicial measure on its website and website of the national enterprise registration portal, certificates of complete serving of sentence;
c) Take charge and cooperate with the criminal judgment execution agency and other relevant agencies in inspecting and supervising the serving process of the sentenced corporate legal entity;
d) Take charge and cooperate with the criminal judgment execution agency and other agencies relevant to the coercive judgment execution against the corporate legal entity as prescribed in this Law and relevant laws;
dd) Follow other procedures as prescribed in relevant laws.
4. The Government shall elaborate this Article.
Article 161. Judgment execution dossier
The criminal judgment execution agency of provincial-level police department or of military zone shall prepare a judgment execution dossier of a corporate legal entity. Such a dossier comprises:
1. The legally effective court judgment or decision;
2. The judgment execution decision;
3. The summons against legal representative of the corporate legal entity;
4. A document of the criminal judgment execution agency requiring the regulatory agency supervising the corporate legal entity to perform their tasks and powers in judgment execution;
5. The notice of the regulatory agency supervising the corporate legal entity of its performance of the judgment execution request and the corporate legal entity’s serving of the sentence;
6. A report on serving of sentence made by the corporate legal entity;
7. A document indicating the disclosure of judgment execution as per this Law;
8. A report on judgment execution;
9. Document(s) on coercive judgment execution (if any);
10. Document(s) on complete serving of penalties and/or complete serving of judicial measures as per this Law;
11. Other relevant documents.
Article 162. Rights and obligations of sentenced corporate legal entity
1. A sentenced corporate legal entity shall have the following rights:
a) Receive notice of judgment execution;
b) Receive relevant decisions during his/her process of serving sentence;
c) Lodge a complaint about the judgment execution;
d) Be issued with a certificate of complete serving of sentence or certificates of complete serving of judicial measure as prescribed in this Law;
dd) Receive compensation for damage as prescribed in law on state compensation liability.
2. A sentenced corporate legal entity shall have the following obligations:
a) Strictly abide by the legally effective court judgment or decision; decision or request of the competent authority in judgment execution;
b) The legal representative of corporate legal entity shall present himself/herself upon the summons served by the criminal judgment execution agency;
c) Publish and post up the judgment execution decision; notify the serving of penalty and judicial measure to relevant agencies, organizations, and individuals as prescribed in this Law;
d) Report on judgment execution of the criminal judgment execution agency.
3. The sentenced corporate legal entity has other rights and obligations under this Law and other regulations of relevant laws.
Article 163. Coercive judgment execution
1. The sentenced corporate legal entity who fails to serve or has incompletely served the court judgment or decision shall be liable to a coercive judgment execution. The corporate legal entity must the bear the expenses incurred in coercive judgment execution.
2. The criminal judgment execution agency shall issue a decision on application of coercive judgment execution.
3. The Government shall elaborate this Article.
Article 164. Responsibilities of the regulatory agency supervising the corporate legal entity
1. Based on the judgment execution decision and the request made by the criminal judgment execution agency, the regulatory agency supervising the corporate legal entity shall, within their tasks and powers, implement one or certain measures below:
a) Amend or terminate validity of the establishment and operation license or another equivalent document of the corporate legal entity during its suspension operation period; apply other measures as prescribed in law to ensure the serving of suspension of operation under the court judgment or decision;
b) Revoke or cancel the registration of the corporate legal entity or other equivalent document; revoke the business registration certificate of the corporate legal entity, do not reissue the establishment and operation license to the corporate legal entity subject to permanent shutdown; apply other measures as per the law to ensure execution of permanent shutdown under the court judgment or decision;
c) Cancel the registration; amend, suspend validity, revoke, refuse or do not reissue any or all of the permit or other equivalent document; terminate partly or wholly lines of business, operation of the corporate legal entity during its period of ban from operating in certain fields or ban from doing business; apply other measures as per the law to ensure the execution of ban from doing business or operation under the court judgment or decision;
d) At their discretion or at the request of relevant agencies amend, terminate, cancel, or revoke the license; refuse to issue license, approve or allow the capital raising during the ban period of the corporate legal entity; apply other measures as prescribed by law to ensure the execution of prohibition from raising capital under the court judgment or decision;
dd) Implement measures as prescribed by law to ensure the restoration of original state or implement some measures for mitigation and prevention of consequences under such a legally effective court judgment or decision.
2. Take charge and cooperate with the criminal judgment execution agency and other relevant agencies in inspecting and supervising the serving process of the sentenced corporate legal entity.
3. Notify the criminal judgment execution agency in writing of its performance of the judgment execution request and the corporate legal entity’s serving of the sentence.
4. Take charge and cooperate with the criminal judgment execution agency and other agencies relevant to the coercive judgment execution against the corporate legal entity as prescribed in this Law and relevant laws.
5. Publish decisions and documents issued by the criminal judgment execution agency and measures which are applied to the corporate legal entity as prescribed in this Law.
6. The Government shall elaborate this Article.
Article 165. Transfer of judgment execution obligation upon the restructuring of the corporate legal entity
If the sentenced corporate legal entity engages in partial or total division, consolidation, acquisition, or conversion of business entity as prescribed by law, the successor corporate legal entity which takes on rights and obligations of the sentenced corporate legal entity (predecessor) shall discharge the judgment execution obligation as prescribed in this Law and other regulations of relevant laws. The corporate legal entity may not misuse the partial or total division, consolidation, acquisition, conversion of business entity, dissolution or bankruptcy to evade the judgment execution obligation.
The Government shall elaborate this Article.
Article 166. Issuance of certificate of complete serving of sentence and certificate of complete serving of judicial measure
1. A corporate legal entity which has completely served the penalty or judicial measure shall be issued with a certificate of complete serving of sentence or certificate of complete serving of judicial measure, unless it was convicted of the offense prescribed in Article 79 of the Criminal Code.
2. Within 3 working days from the date on which the certificate of complete serving of sentence or certificate of complete serving of judicial measure is issued to the corporate legal entity, the criminal judgment execution agency shall publish it on its website and send it to the regulatory agency supervising the corporate legal entity, the court which has issued the judgment execution decision, and the agencies prescribed in Point d and Point dd Clause 2 Article 159 of this Law.
Chapter XII
OVERSIGHT OF EXECUTION OF CRIMINAL JUDGMENTS
Article 167. Tasks and powers of procuracies in overseeing criminal judgment execution
1. Request courts at the same level and lower levels to issue decisions to execute criminal judgments in accordance with law; request courts, criminal judgment execution agencies, agencies and organizations assigned to perform some tasks of criminal judgment execution to self-examine their criminal judgment execution and notify examination results to it; to supply dossiers and documents related to criminal judgment execution.
2. Directly oversee the judgment execution by criminal judgment execution agencies at the same level and lower levels, agencies assigned to perform some tasks of criminal judgment execution; oversee criminal judgment execution dossiers of criminal judgment execution agencies at the same level and lower levels, and agencies assigned to perform some tasks of criminal judgment execution. Provincial-level people's procuracies and military procuracies of military zones shall directly oversee the execution of prison sentences by local prisons; oversee the judgment execution against corporate legal entities.
3. Decide the immediate release of a person currently serving prison sentence which is found ungrounded and illegal.
4. Request exemption from, postponement, suspension or termination of the serving of sentences; participate in the consideration of reduction of the term of or exemption from serving sentences, parole, cancellation of decision on parole, forced serving of the original suspended sentence, or shortening of the probation period.
5. Make appeals, proposals or requests regarding the execution of criminal judgments by courts, criminal judgment execution agencies at the same level and lower levels, agencies assigned to perform some tasks of criminal judgment execution, competent persons and related persons in criminal judgment execution; request termination of the execution, amendment or annulment of unlawful decisions in the criminal judgment execution; terminate illegal acts.
6. Receive and settle complaints and denunciations about management and education of persons subject to prison sentence; inspect the observance of law in the settlement of complaints and denunciations about criminal judgment execution.
7. Institute lawsuits or request investigative agencies to institute criminal lawsuits upon detecting signs of crime in the criminal judgment execution under law.
8. Perform other tasks and powers in oversight of criminal judgment execution.
Article 168. Oversight of the settlement of complaints and denunciations in criminal judgment execution
1. Procuracies shall directly oversee the settlement of complaints and denunciations by courts, criminal judgment execution management agencies, criminal judgment execution agencies, and agencies assigned to perform some tasks of criminal judgment execution.
2. In overseeing the settlement of complaints and denunciations in the criminal judgment execution, procuracies may request courts, criminal judgment execution management agencies, criminal judgment execution agencies, and agencies assigned to perform some tasks of criminal judgment execution at the same level and lower levels:
a) Issue documents on settlement of complaints and denunciations under Chapter XIV of this Law;
b) Examine the settlement of complaints and denunciations falling within their competence and by their subordinates; notify settlement results to procuracies;
c) Supply dossiers and documents relevant to the settlement of complaints and denunciations to procuracies.
Article 169. Settlement of proposals, protests and requests, execution of procuracy decisions on criminal judgment execution
1. With regard to requests which require courts to issue decisions to execute criminal judgments and supply dossiers and documents related to criminal judgment execution, the courts must settle them immediately; with regard to requests which require courts, criminal judgment execution agencies, agencies assigned to perform some tasks of criminal judgment execution to self-examine their criminal judgment execution and notify examination results to the procuracy, the entities concerned must settle them within 30 days after receiving these requests.
2. With regard to a decision prescribed in Clause 3 Article 167 of this Law, the criminal judgment execution agency must abide by it immediately; if the agency concerned does not concur with that decision, it still has to abide by it but it has the right to make a claim with the immediate superior procuracy. Within 10 days after receiving such a claim, the chief procurator of immediate superior procuracy shall settle it.
3. With regard to an appeal against one of the decisions prescribed in Clause 4 Article 167 of this Law, it shall be settled in accordance with law on criminal proceedings.
4. With regard to an appeal prescribed in Clause 5 Article 167 of this Law, the court, criminal judgment execution agency, agency assigned to perform some tasks of criminal judgment execution shall respond in writing within 15 days after receiving the appeal; if not concurring with that appeal, the agency concerned has the right to make a claim with the immediate superior procuracy; the immediate superior procuracy shall settle it within 15 days after receiving the claim. The decision of the immediate superior procuracy must be executed.
5. With regard to a proposal prescribed in Clause 5 Article 167 of this Law, it must be considered and the recipient shall respond in writing within 30 days after receiving the proposal.
Chapter XIII
GUARANTEE OF CONDITIONS FOR EXECUTION OF CRIMINAL JUDGMENTS
Article 170. Payrolls, training and refresher courses provided for criminal judgment execution officers
1. The State shall assure necessary payrolls and personnel for criminal judgment execution management agencies and criminal judgment execution agencies.
2. Persons engaged in criminal judgment execution must be provided with professional training and legal knowledge necessary for their assigned tasks and powers.
Article 171. Guarantee of facilities for criminal judgment execution
Based on requirements of criminal judgment execution, areas of operation and socio-economic conditions, the State shall assure facilities of criminal judgment execution management agencies and criminal judgment execution agencies, including land, offices and other works; equipment, weapons, supporting tools, vehicles, communications and professionally technical equipment and other physical and technical conditions. It shall prioritize assurance of facilities of agencies located in deep-lying, remote and mountainous regions, regions with severely disadvantaged difficulties and areas of strategic importance to national security, social order and safety.
Article 172. Equipping and use of weapons, professionally technical equipment and supporting tools in criminal judgment execution
While executing criminal judgments, officers, non-commissioned officers, professional servicemen and soldiers of the People's Public Security Force and the People's Army shall be equipped with and allowed to use weapons, professionally technical equipment and supporting tools in accordance with law.
Article 173. Database on criminal judgment execution
1. The database on criminal judgment execution managed by the Ministry of Public Security constitutes part of the national database system of crime prevention and combat information and serves the state management of criminal judgment execution.
2. The development, data collection, storage, processing, protection, exploitation and use of the database on criminal judgment execution shall be specified by the Government.
Article 174. Allocation of funds for criminal judgment execution
The State shall allocate funds for criminal judgment execution activities. The estimation, use and settlement of funds for criminal judgment execution activities comply with the Law on the State Budget.
Article 175. Entitlements and policies for agencies, organizations and individuals engaged in criminal judgment execution
1. Officials and public employees; public security workers; defense workers and public employees and other persons performing criminal judgment execution tasks are entitled to entitlements and preferential policies provided for by law.
2. Officers, non-commissioned officers and soldiers of the people's public security force; officers, non-commissioned officers, professional servicemen and soldiers of the people's army performing criminal judgment execution tasks may be bestowed with titles or promoted to higher ranks of people's armed forces and enjoy entitlements and preferential policies provided for by law.
3. Agencies, organizations and individuals that record merits in the execution of criminal judgments shall be commended and rewarded. Persons who suffer loss of life, health or property and their families enjoy entitlements and policies provided for by law.
Chapter XIV
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION
Section 1. COMPLAINTS IN CRIMINAL JUDGMENT EXECUTION AND SETTLEMENT THEREOF
Article 176. Right to lodge complaints in criminal judgment execution
1. Criminally sentenced persons and sentenced corporate legal entities, and other related agencies, organizations and individuals (hereinafter referred to as complainants) may lodge complaints about decisions or acts of agencies and persons competent to execute criminal judgments if they have grounds to believe that these decisions or acts are unlawful and infringe upon their lawful rights and interests. The complaint of a sentenced corporate legal entity shall be lodged by the legal representative of the corporate legal entity.
2. The prescriptive period for lodging first-lime complaint is 30 days after receiving or becoming aware of a decision or an act of criminal judgment execution which the complainant considers unlawful. For subsequent complaints, the applicable prescriptive period is 15 days after receiving a complaint settlement decision of a competent person.
In case a person is unable to lodge his/her complaint within the prescriptive period due to force majeure events or objective hindrance, the period during which such impediment exists shall be excluded from the prescriptive period for lodging complaint.
Article 177. Cases in which a complaint about criminal judgment execution is not accepted for settlement
1. The complained decision or act is not directly related to the lawful rights and interests of the complainant.
2. The complainant has neither full legal capacity nor a lawful representative, unless otherwise provided by law.
3. The representative has no proof of his/her lawful representation.
4. The prescriptive period for lodging a complaint has expired.
5. The complaint has been already settled under a legally effective decision.
Article 178. Competence to settle complaints in criminal judgment execution
1. Chairpersons of commune-level People's Committees shall settle complaints about unlawful decisions or acts of agencies, organizations and individuals assigned to supervise and educate persons serving criminal sentences in their communes, wards or townships.
2. Heads of criminal judgment execution agencies of district-level police offices shall settle complaints about:
a) Unlawful decisions or acts of deputy heads, officers, non-commissioned officers and soldiers under management of the criminal judgment execution agency of district-level police office, except the case specified in Clause 8 of this Article;
b) Unlawful decisions or acts of chairpersons of commune-level People's Committees, the People’s Committees of communes which are assigned by the courts to supervise and educate sentenced persons;
c) Complaint settlement decisions of chairpersons of commune-level People's Committees assigned to supervise and educate sentenced persons.
3. District-level police chiefs shall settle complaints about:
a) Unlawful decisions or acts of heads of criminal judgment execution agencies of district-level police offices;
b) Complaint settlement decisions of heads of criminal judgment execution agencies of district-level police offices.
4. Heads of criminal judgment execution agencies of provincial-level police departments shall settle complaints about:
a) Unlawful decisions or acts of deputy heads, officers, non-commissioned officers and soldiers under management of the criminal judgment execution agency of provincial-level police department, except the case specified in Clause 8 of this Article;
b) Unlawful decisions or acts of competent agencies and individuals in criminal judgment execution against corporate legal entities.
5. Directors of provincial-level police departments shall settle complaints about:
a) Unlawful decisions or acts of heads of criminal judgment execution agencies of provincial-level police departments;
b) Complaint settlement decisions of heads of criminal judgment execution agencies of provincial-level police departments and district-level police chiefs.
6. The head of the criminal judgment execution management agency of the Ministry of Public Security shall settle complaints about unlawful decisions or acts of officers, non­commissioned officers and soldiers under his/her agency's management, except the case specified in Clause 8 of this Article.
7. The Minister of Public Security shall settle complaints about the following decisions and acts, except the case specified in Clause 8 of this Article:
a) Unlawful decisions or acts of the head of the criminal judgment execution management agency of the Ministry of Public Security;
b) Complaint settlement decisions of directors of provincial-level police departments and the head of the criminal judgment execution management agency of the Ministry of Public Security.
8. Chief procurators of provincial-level, military zone-level and district-level procuracies shall settle complaints about unlawful decisions or acts of persons assigned to supervise and educate inmates in performing their assigned tasks.
The chief procurator of provincial-level procuracy shall settle complaints against complaint settlement decisions of the chief procurators of district-level procuracies. The chief procurator of the Supreme People’s Procuracy, the chief procurator of the Central Military Procuracy shall settle complaints against complaint settlement decisions of the chief procurators of provincial-level people’s procuracy and military-zone military procuracy. Complaint settlement decisions of chief procurator of higher-level procuracies are legally effective for execution.
Article 179. Competence to settle complaints about criminal judgment execution in the People's Army
1. Heads of criminal judgment execution agencies of military zones shall settle complaints about unlawful decisions or acts of officers, professional servicemen, non­commissioned officers and soldiers of military units and criminal judgment execution agencies of military zones in criminal judgment execution, except the case specified in Clause 8, Article 178 of this Law.
2. Military zone commanders and holders of equivalent ranks shall settle complaints about the following decisions and acts, except for Clause 8 Article 178 of this Law:
a) Unlawful decisions or acts of heads of criminal judgment execution agencies of military zones;
b) Complaint settlement decisions of heads of criminal judgment execution agencies of military zones.
3. The head of the criminal judgment execution management agency of the Ministry of National Defense shall settle complaints about unlawful decisions or acts of officers, non­commissioned officers, professional servicemen and soldiers under management of the criminal judgment execution management agency of the Ministry of National Defense, except the case specified in Clause 8 Article 178 of this Law.
4. The Minister of National Defense shall settle complaints about the following decisions and acts, except for the case prescribed in Clause 8 Article 178 of this Law:
a) Unlawful decisions or acts of the head of the criminal judgment execution management agency of the Ministry of National Defense;
b) Unlawful decisions or acts of military zone commanders and holders of equivalent ranks;
c) Complaint settlement decisions of the head of the criminal judgment execution management agency of the Ministry of National Defense, military-zone commanders and holders of equivalent ranks.
Article 180. Rights and obligations of complainants in criminal judgment execution
1. A complainant has the following rights:
a) Lodge his/her complaint or authorize his/her lawful representative to do so in any stage of the criminal judgment execution process;
b) Withdraw complaints in any stage of the criminal judgment execution process;
c) Receive written replies on complaint settlement and receive complaint settlement decisions;
d) Have his/her infringed lawful rights and interests restored and receive compensations for damage in accordance with law.
2. A complainant has the following obligations:
a) Truthfully report on the case and provide information and documents to the complaint-settling person; to take responsibility before law for reported contents and provided information and documents;
b) Abide by legally effective complaint settlement decisions.
Article 181. Rights and obligations of complainees in criminal judgment execution
1. A complainee has the following rights:
a) Notify the complaint details;
b) Furnish proof of the lawfulness of his/her complained criminal judgment execution decision or act;
c) Receive a document on the settlement of the complaint.
2. A complainee has the following obligations:
a) Explain his/her complained criminal judgment execution decision or act, and provide relevant information and documents at the request of competent agencies, organizations and individuals;
b) Abide by legally effective complaint settlement decisions;
c) Reimburse and relieve the consequences caused by the illegal decisions or acts as per the law.
Article 182. Tasks and powers of persons competent to settle complaints in criminal judgment execution
1. Receive and settle complaints about criminal judgment execution decisions or acts.
2. Request complainants and complainees to give explanations and provide information and documents relevant to the complaints.
3. Notify in writing the acceptance of complaints for settlement and send settlement decisions to complainants.
4. Take legal liability for their settlement of complaints.
Article 183. Time limit for settlement of complaints in criminal judgment execution
1. The time limit for settlement of a first-time complaint is 15 days after this complaint is accepted for settlement.
2. The time limit for settlement of a second-lime complaint is 30 days after this complaint is accepted for settlement.
3. The time limit for settlement of a complaint prescribed in Clause 1 and Clause 2 of this Article may be prolonged when necessary in complicated cases for not exceeding 30 days after the expiration of the prescribed time limit.
Article 184. Receipt and acceptance for settlement of complaints in criminal judgment execution
1. Competent agencies and persons shall receive all complaints in criminal judgment execution. Within 24 hours after receiving complaints lodged by inmates as specified in Clause 8, Article 178 of this Law, superintendents of prisons or detention centers and heads of criminal judgment execution agencies of district-level police offices shall promptly forward these complaints to competent procuracies.
2. Within 3 working days after receiving complaints, competent agencies and persons defined in Clause 1 of this Article, Articles 178 and 179 of this Law shall accept them for settlement and notify in writing complainants of the acceptance. In case of refusal to accept a complaint for settlement, they shall reply in writing clearly stating the reason.
Article 185. Dossiers for settlement of complaints in criminal judgment execution
1. A complaint settlement dossier comprises:
a) Written complaint or written record of complaint details;
b) Written explanation of the complainee;
c) Written record of appraisal, verification and conclusion;
d) Complaint settlement decision;
dd) Other relevant documents.
2. Complaint settlement dossiers shall be numbered and preserved at complaint-settling agencies.
Article 186. Procedures for settlement of first-time complaints in criminal judgment execution
1. After accepting a complaint for settlement, a person competent to settle complaints defined in Articles 178 and 179 of this Law shall verify it by requesting the complainant and the complainee to give explanations and provide information and documents relevant to the complaint and meeting concerned agencies, organizations and individuals to clarify complaint details, and issue a first-time complaint settlement decision.
2. Should, within the prescriptive period prescribed in this Law, the complainant make no further complaint, the first-time complaint settlement decision will become legally effective for execution.
Article 187. Contents of first-time complaint settlement decisions in criminal judgment execution
1. Date of issuance.
2. Full names and addresses of the complainant and complainee.
3. Complaint details.
4. Results of verification of complaint details.
5. Legal grounds for the settlement of the complaint.
6. Conclusion that the complaint is totally right, partially right or totally wrong.
7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or forced termination of the execution of the complained decision or complained act.
8. Compensation for damage and remedy of consequences caused by the unlawful decision or act (if any).
9. Guidance on the right of the complainant to lodge further complaints.
Article 188. Procedures for settlement of second-time complaints in criminal judgment execution
1. In case of further lodging a complaint, a complainant shall send a written complaint enclosed with a copy of the first-time complaint settlement decision and relevant documents to a person competent to settle second-time complaints.
2. In the course of second-time complaint settlement, a person competent to settle complaints defined in Articles 178 and 179 of this Law may request the person who has settled the first-time complaint and concerned agencies, organizations and individuals to provide information and documents related to complaint details; summon the complainee and the complainant when necessary; and shall conduct verification and take other measures specified by law to settle the complaint. Upon receiving a request, agencies, organizations and individuals shall comply with such request.
3. Second-time complaint settlement decisions are legally effective for execution.
Article 189. Contents of a second-time complaint settlement decision in criminal judgment decisions
1. Date of issuance.
2. Full names and addresses of the complainant and complainee.
3. Complaint details.
4. Results of verification of complaint details.
5. Legal grounds for the settlement of the complaint.
6. Conclusion on complaint details and the settlement by the person competent to settle the first-time complaint.
7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or forced termination of the execution of the complained decision or complained act; compensation for damage and remedy of consequences caused by the unlawful decision or act.
Section 2. DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION AND SETTLEMENT THEREOF
Article 190. Persons with the right to lodge denunciations in criminal judgment execution
Sentenced persons and all citizens may lodge with competent agencies and persons denunciations about illegal acts of any competent persons in criminal judgment execution which cause or threaten to cause damage to the interests of the State and the lawful rights and interests of agencies, organizations or individuals.
Article 191. Rights and obligations of denouncers and denouncees in criminal judgment execution
Rights and obligations of denouncers and denouncees in criminal judgment execution are stipulated in the Law on Denunciation.
Article 192. Competence and time limit for denunciation settlement
1. The competence to settle denunciations is as follows:
a) Denunciations about illegal acts in criminal judgment execution shall be settled by heads of agencies or organizations which manage denouncees;
b) Presidents of commune-level People's Committees shall settle denunciations about illegal acts of commune-level police chiefs;
c) District-level police chiefs shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of district-level police offices;
d) Presidents of district-level People's Committees shall settle denunciations about illegal acts of presidents of commune-level People's Committees;
dd) Directors of provincial-level police departments shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of provincial-level police departments;
e) Military zone commanders and holders of equivalent ranks shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of military zones;
g) The Minister of Public Security and the Minister of National Defense shall settle denunciations about illegal acts of heads of criminal judgment execution management agencies.
h) Directors of competent procuracies shall settle denunciations about illegal acts of persons assigned to manage and educate inmates.
2. The time limit for settlement of a denunciation is 30 days after the date of its acceptance; regarding complicated cases, this time limit may be extended once but not exceeding 30 days; regarding extremely complicated cases, this time limit may be extended twice but not exceeding 30 days each.
3. Denunciations about illegal acts showing signs of crime shall be settled under the Criminal Procedure Code.
Article 193. Responsibilities of persons competent to settle denunciations
1. Competent agencies and persons shall, within the ambit of their tasks and powers, receive and settle denunciations in a prompt and lawful manner; strictly handle violators; take necessary measures to prevent damage; and assure that their settlement decisions are strictly executed and take legal responsibility for their decisions.
2. Persons competent to settle denunciations who fail to settle denunciations or lack responsibility in settling denunciations or unlawfully settle denunciations shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations under law.
Chapter XV
TASKS AND POWERS OF STATE AGENCTES IN THE MANAGEMENT OF CRIMINAL JUDGMENT EXECUTION
Article 194. Tasks and powers of the Government in the state management of criminal judgment execution
1. Perform consistent state management of criminal judgment execution nationwide.
2. Direct its affiliated agencies and provincial-level People's Committees in executing criminal judgments.
3. Cooperate with the Supreme People's Court and the Supreme People's Procuracy in executing criminal judgments.
4. Annually report on criminal judgment execution to the National Assembly .
Article 195. Tasks and powers of the Ministry of Public Security in the management of criminal judgment execution
1. The Ministry of Public Security is answerable to the Government for performing the consistent state management of criminal judgment execution and has the following tasks and powers:
a) Promulgate or submit to competent agencies for promulgation legal documents on execution of criminal judgments; cooperate with the Supreme People’s Court, the Supreme People’s Procuracy, other relevant agencies in promulgating joint circulars on cooperation between these agencies in carrying out procedures for criminal judgment execution;
b) Formulate, and organize the implementation of policies and plans on criminal judgment execution; direct and organize the implementation of legal documents on execution of criminal judgments;
c) Suspend or annul according to its competence or propose competent authorities to annul regulations on execution of criminal judgments which are contract to this Law;
d) Promulgate forms, papers and books on criminal judgment execution;
dd) Disseminate and educate about the law on execution of criminal judgments;
e) Manage the organizational system, payrolls and operation of criminal judgment execution agencies in the People's Public Security Force under this Law; decide the establishment, acquisition, dissolution of criminal judgment execution agencies in the People's Public Security under this Law; train and retrain officers, non­commissioned officers, soldiers, workers and public employees of the People's Public Security in criminal judgment execution; train, retrain, direct and professionally guide cadres, civil servants and staff members of agencies and organizations assigned to perform some tasks of criminal judgment execution;
g) Direct the pursuit of escaped sentenced persons; escort persons against whom decisions to execute criminal judgments have been issued for judgment execution; dismiss or hold in custody persons who commit acts of obstructing or opposing judgment execution; cooperate with other people's armed force units and local administrations in proactively deploying forces to support the execution of criminal judgments when necessary; perform other tasks and exercise other powers under this Law;
h) Examine, inspect, commend, reward, and handle violations in the criminal judgment execution; settle complaints and denunciations about criminal judgment execution under this Law;
i) Decide plans on allocation of funds and guarantee of conditions for operations of criminal judgment execution agencies;
k) Conduct international cooperation on criminal judgment execution;
l) Review the work of criminal judgment execution;
m) Promulgate and implement regulations on making of statistics on criminal judgment execution;
n) Report on criminal judgment execution to the Government.
2. The Minister of Public Security shall base him/herself on requirements of the management of persons held in detention or custody to decide to employ persons serving prison sentences of 5 years or less who are not minors, foreigners or drug addicts and suffer no dangerously infectious disease in detention or custody work. The number of persons serving prison sentences who are employed in detention or custody work shall be calculated at a certain percentage of the total number of persons held in detention or custody but must not exceed 15%.
Article 196. Tasks and powers of the Ministry of National Defense in the management of criminal judgment execution
1. The Ministry of National Defense is responsible for managing the criminal judgment execution in the People's Army and has the following tasks and powers:
a) Promulgate or submit to competent agencies for promulgation legal documents on execution of criminal judgments in people's army; cooperate with the Supreme People’s Court, the Supreme People’s Procuracy, other relevant agencies in promulgating joint circulars on cooperation between these agencies in carrying out procedures for criminal judgment execution;
b) Manage the organizational system, payrolls and operation of criminal judgment execution agencies in the people's army; decide the establishment, acquisition, dissolution of criminal judgment execution agencies in the people's army as per this Law;
c) Cooperate with the Ministry of Public Security, the Ministry of Education and Training and the Ministry of Justice in elaborating programs on law education and civil education; cooperate with the Ministry of Public Security in reviewing, making statistics and reporting on criminal judgment execution to the Government;
d) Provide professional guidance and directions on execution of criminal judgments to military zone-level criminal judgment execution agencies; to disseminate and educate about the law on execution of criminal judgments in the people's army;
dd) Commend, reward or discipline army-men engaged in the execution of criminal judgments in the people's army;
e) Direct the pursuit of escaped sentenced persons; escort persons against whom decisions to execute criminal judgments have been issued for judgment execution; dismiss or hold in custody persons who commit acts of obstructing or opposing judgment execution; cooperate with other people's armed force units and local administrations in proactively deploying forces to support the execution of criminal judgments when necessary; perform other tasks and exercise other powers under this Law;
g) Examine, inspect, and settle complaints and denunciations and handle violations about execution of criminal judgments in the people's army under this Law;
h) Manage and make plans on allocation of funds and guarantee of facilities and means for criminal judgment execution activities in the people’s army.
2. The Minister of National Defense shall base him/herself on requirements of the management of persons held in detention or custody to decide to employ persons serving prison sentences of 5 years or less who are not minors, foreigners or drug addicts and suffer no dangerously infectious diseases in detention or custody work. The number of persons serving prison sentences who are employed in detention or custody work shall be calculated at a certain percentage of the total number of persons held in detention or custody but must not exceed 15%.
Article 197. Tasks and powers of the Supreme People's Court in criminal judgment execution
1. Cooperate with the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice and other concerned agencies in promulgating joint circulars on cooperation between these agencies in carrying out procedures for criminal judgment execution.
2. Guide courts at all levels in issuing criminal judgment execution decisions; cooperate with agencies and organizations defined in Clauses 1, 2 and 3, Article 11 of this Law in the execution of criminal judgments.
3. Cooperate with the Ministry of Public Security and the Ministry of National Defense in reviewing the execution of criminal judgments.
4. Cooperate with the Ministry of Public Security in implementing regulations on statistics and reporting on criminal judgment execution.
Article 198. Tasks and powers of the Supreme People's Procuracy in criminal judgment execution
1. Cooperate with the Supreme People’s Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice and other concerned agencies in promulgating joint circulars on cooperation between these agencies in carrying out procedures for criminal judgment execution.
2. Inspect and direct procuracies at all levels in inspecting the execution of criminal judgments under this Law and other relevant lawsoft.
3. Cooperate with the Ministry of Public Security and the Ministry of National Defense in reviewing the execution of criminal judgments.
4. Cooperate with the Ministry of Public Security in implementing regulations on statistics and reporting on criminal judgment execution.
Article 199. Tasks and powers of the Ministry of Justice in criminal judgment execution
1. Cooperate with the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice and other concerned agencies in promulgating joint circulars on cooperation between these agencies in carrying out procedures for criminal judgment execution.
2. Cooperate with the Ministry of Education and Training, the Ministry of Public Security and the Ministry of National Defense in elaborating programs on law education and civic education and to disseminate and educate about the law on execution of criminal judgments.
3. Direct civil judgment execution agencies in coordinating with prisons, detention centers and criminal judgment execution agencies of provincial-level police departments, district-level police offices and military zones in providing information and handing over papers, money and assets, and collection and payment of money and assets related to inmates who are civil judgment debtor and judgment creditor; cooperate with criminal judgment execution agencies and relevant agencies in judgment execution of corporate legal entities.
Article 200. Tasks and powers of the Ministry of Health in criminal judgment execution
Cooperate with the Ministry of Public Security and the Ministry of National Defense in directing and guiding the disease and epidemic prevention and combat, providing medical examination and treatment for inmates and reformatory inmates; direct the assessment within their competence; and organize specialized medical establishments to execute the judicial measure of compulsory medical treatment under this Law.
Article 201. Tasks and powers of the Ministry of Labor War Invalids and Social Affairs in criminal judgment execution
1. Cooperate with the Ministry of Public Security in directing and guiding the organization of work, job training and implementation of regimes and policies for inmates and reformatory inmates.
2. Direct provincial-level Departments of Labor War Invalids and Social Affairs and social protection establishments in receiving, caring for and nurturing children of inmates who have no relatives wanting to care for and nurture them under this Law and other relevant laws.
Article 202. Tasks and powers of the Ministry of Education and Training in criminal judgment execution
Cooperate with the Ministry of Public Security, the Ministry of National Defense in directing and guiding the elaboration of programs and materials, training teachers and participating in providing general education for inmates and reformatory inmates under this Law and other relevant laws.
Article 203. Tasks and powers of ministries and ministerial-level agencies in criminal judgment execution
Ministries and ministerial-level agencies shall, within their functions and duties, cooperate with the Ministry of Public Security, the Ministry of National Defense in criminal judgment execution.
Article 204. Tasks and powers of district-level People's Committees in criminal judgment execution
1. Direct cooperation among concerned agencies and lower level People's Committees in executing the community sentence, additional penalties and suspended sentences under this Law and other relevant laws.
2. Direct specialized agencies and commune-level People's Committees in adopting and adopt appropriate policies to mobilize contributions and supports of agencies, organizations and enterprises in their localities to enable persons who have completely served their prison sentences to find jobs, stabilize their life, learn jobs and integrate themselves into the community.
3. Request provincial-level police departments to report on the execution of criminal judgments in their provinces.
Article 205. Tasks and powers of district-level People's Committees in criminal judgment execution
1. Direct cooperation among concerned agencies and People's Committees in supervising and educating persons serving suspended sentences, community sentences, prohibition from residence, prohibition from residence, prohibition from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain citizenship rights; supervision of persons whose sentence is postponed or suspended, parolees; supervision and education of persons subject to mandatory supervision under this Law and other relevant laws.
2. Direct specialized agencies and commune-level People's Committees in adopting and adopt appropriate policies to mobilize contributions and supports of agencies, organizations and enterprises in their localities to enable persons who have completely served their prison sentences to find jobs, stabilize their life, learn jobs and integrate themselves into the community.
3. Request district-level police departments to report on the execution of criminal judgments in their districts.
Chapter XVI
IMPLEMENTATION
Article 206. Entry in force
1. This Law shall comes into force as of January 1, 2020.
2. The Law on Criminal Judgment Execution No. 53/2010/QH12 shall cease to be effective from effective date of this Law, except for Clause 2 and Clause 3 Article 207 of this Law.
Article 207. Transitional regulations
1. Any legally effective court judgments and decisions which has not been executed or has not completely been executed on effective date of this Law shall apply regulations of this Law for execution, except for Clause 2 of this Article.
2. With respect to execution of suspended sentences, community sentences and the judgments were pronounced based on the Criminal Code No. 15/1999/QH10 certain articles of which have been amended by the Law No. 37/2009/QH12, regulations of the Law on Criminal Judgment Execution No. 53/2010/QH12 and its guiding documents shall still prevail.
3. Any complaint and denunciation filed against execution of judgments and decisions under the Law on Criminal Judgment Execution No. 53/2010/QH12 from the effective date of this Law shall still be settled as prescribed in the Law on Criminal Judgment Execution No. 53/2010/QH12 and its guiding documents.
This Law is passed by the 14th National Assembly of Socialist Republic of Vietnam during the 7th session on June 14, 2019.
PRESIDENT OF NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan

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Tra cứu pháp luật - Thủ thuật phần mềm: Luật thi hành án hình sự tiếng Anh: Law on Execution of Criminal judgments
Luật thi hành án hình sự tiếng Anh: Law on Execution of Criminal judgments
Luật thi hành án hình sự 2019 tiếng Anh: Law on Execution of Criminal judgments of Vietnam.
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