Luật thi hành án hình sự 2019 tiếng Anh: Law on Execution of Criminal judgments of Vietnam.
Link tải Luật thi hành án hình sự tiếng Anh: Law on Execution of Criminal judgments: TẠI ĐÂY
THE NATIONAL ASSEMBLY
------- |
THE SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness |
The Law No.
41/2019/QH14
|
Hanoi, June 14, 2019
|
LAW
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 |
Ý KIẾN