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

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

THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
No. 53/2010/QH12
Hanoi, June 17, 2010
thi hanh anLAW
ON EXECUTION OF CRIMINAL JUDGMENTS
Pursuant to the 1992Constitution of the Socialist Republic of Vietnam, which was amended andsupplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Execution of Criminal judgments.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Lawprovides the principles, order and procedures, organization, tasks and powersof competent agencies in the execution of judgments and decisions on prisonsentence, the death sentence, caution, non-custodial reform, residence ban,probation, expulsion, deprivation of certain civil rights, ban from holdingcertain positions, practicing certain professions or doing certain jobs,suspended sentence and judicial measures; and the rights and obligations ofpersons serving criminal sentences or subject to judicial measures; andresponsibilities of agencies, organizations and individuals involved in theexecution of criminal judgments or judicial measures.
Article 2. Executable judgments and decisions
1. Judgmentsand decisions which have become legally effective and have had executiondecisions:
a/ Judgmentsor parts of judgments of first-instance courts which are not appealed orprotested against according to appellate procedures;
b/ Judgmentsof appellate courts;
c/ Cassationor reopening decisions of courts.
2. Courtjudgments or decisions to be executed without delay under the CriminalProcedure Code.
3. Decisionsof Vietnamese courts to receive persons currently serving prison sentences in aforeign country to Vietnam to serve their sentences in Vietnam, which have hadexecution decisions; decisions to transfer persons currently serving a prisonsentence in Vietnam to a foreign country.
4. Judgmentsor decisions to apply judicial measures of compulsory medical treatment,education in a commune, ward or township and sending to a reformatory.
Article 3. Interpretation of terms
In this Law.the terms below arc construed as follows:
1. Sentencedperson means the person who has been convicted of a crime and subjected toa penalty under a legally effective judgment.
2. Inmatemeans the person currently serving a termed prison sentence or the lifesentence.
3. Executionof prison sentence means that a competent agency or person defined in thisLaw subjects an inmate to incarceration management; education and reformationin order to turn him/ her into a person useful to the society.
4. Executionof the death sentence means that a competent agency deprives under this Lawa sentenced person of the right to live.
5. Executionof suspended sentence means that a competent agency or person defined inthis Law supervises and educates a person subjected to a suspended sentenceduring the probation term.
6. Executionof non-custodial reform sentence means that a competent agency or persondefined in this Law supervises and educates a sentenced person in a commune,ward or township and deducts his/her incomes into the state budget under alegally effective judgment.
7. Executionof residence ban sentence means that a competent agency or person defined inthis Law compels a sentenced person not to temporarily or permanently reside incertain localities under a legally effective judgment.
8.Execution of probation sentence means that a competent agency or persondefined in this Law compels a sentenced person to reside and cam a living in acertain locality under the control and education of the local administrationand people under a legally effective judgment.
9. Executionof expulsion sentence means that a competent agency or person defined inthis Law compels a sentenced person to leave the territory of the SocialistRepublic of Vietnam under a legally effective judgment.
10. Executionof the sentence of deprivation of certain civil rights means that acompetent agency defined in this Law deprives a sentenced person of certaincivil rights under a legally effective judgment.
11. Executionof the sentence of ban from holding certain positions, practicing certainprofessions or performing certain jobs means that a competent agencydefined in this Law compels a sentenced person not to hold certain positions,practice certain professions or perform certain jobs under a legally effectivejudgment.
12. Executionof the judicial measure of compulsory medical treatment means that acompetent agency or person defined in this Law compels a person who hascommitted an act dangerous for the society or a sentenced person who suffers amental disease or another disease that has deprived him/her of the perceptionor act control capacity to receive treatment at a compulsory medical treatmentestablishment under a court or procuracy judgment or decision.
13.Execution of the judicial measure of education in a commune, ward or townshipmeans that a competent agency or person defined in this Law compels a minoroffender who is not subjected to a penalty to be supervised and educated in acommune, ward or township under a court judgment or decision.
14. Executionof the judicial measure of sending to a reformatory means that a competentagency or person defined in this Law confines a minor offender who is notsubjected to a penalty to a reformatory for education under a court orprocuracy judgment or decision.
15. Escortfor judgment execution means the compelling of a person subject to a prisonsentence, the death sentence or expulsion to a place in which he/she will servethe sentence. Escorts shall be equipped with and may use weapons, supportingtools and other necessary devices as prescribed by law.
16.Transfer means the implementation of a decision of a competent persondefined in this Law to take an inmate, a person sentenced to death or a personserving the judicial measure of sending to a reformatory out of the place ofmanagement and deliver him/her to a competent agency or person for assisting ininvestigation, prosecution and trial activities, medical examination andtreatment or incarceration management for a certain period.
17. Personalidentification statement means a document containing brief information onthe personal history, identification characteristics, photos of threepositions, two index finger prints of a sentenced person or a person serving ajudicial measure, which is made and kept by competent authorities.
18. Fingerprintsheet means a document containing brief information on the personal historyand all fingerprints of a sentenced person, which is made and kept by competentauthorities.
Article 4. Principles of execution of criminal judgments
1. Abidanceby the Constitution and law, guarantee of the interests of the State and thelegitimate rights and interests of organizations and individuals.
2. Judgmentsand decisions which have become effective for execution must be respected andstrictly complied with by agencies, organizations and individuals.
3. Guaranteeof socialist humanism; respect for the dignity and legitimate rights andinterests of sentenced persons.
4.Combination of punishment and education and reform in the execution ofjudgments; application of educational and reform measures must be based on thenature and seriousness of crimes committed, age, gender, educational level andother personal characteristics of sentenced persons.
5. Executionof judgments towards minor offenders mainly aims to educate and help themcorrect their wrongful acts, healthily develop and become useful to the society.
6. Sentencedpersons are encouraged to show repentance, actively study and work to reformthemselves and voluntarily pay compensations.
7. Guaranteeof the right to complain and denounce illegal acts and decisions in theexecution of criminal judgments.
8. Guaranteeof the participation of agencies, organizations, individuals and families inthe education and reform of sentenced persons.
Article 5. Responsibilities of agencies, organizations andindividuals to coordinate in the execution of criminal judgments
Agencies,organizations and individuals shall, within the scope of their tasks, powersand obligations, coordinate with one another and comply with requests ofcompetent agencies under this Law in the execution of criminal judgments.
Article 6. Supervision of execution of criminal judgments
The NationalAssembly, People's Councils and the Vietnam Fatherland Front shall superviseactivities of agencies and organizations in the execution of criminal judgmentsand other agencies and organizations involved in the execution of criminaljudgments in accordance with law.
Article 7. Dissemination of and education about the law onexecution of criminal judgments
1. TheGovernment, ministries, ministerial-level agencies and government-attachedagencies shall organize and direct the dissemination of and education about thelaw on execution of criminal judgments.
2. People'sCommittees at all levels and other agencies and organizations shall, within theambit of their respective tasks and powers, organize the dissemination of andeducation about, and mobilize the people to observe, the law on execution ofcriminal judgments.
Article 8. International cooperation on execution of criminaljudgments
Internationalcooperation on execution of criminal judgments between competent agencies ofthe Socialist Republic of Vietnam and their foreign counterparts shall becarried out on the principle of respect for national independence, sovereignty,territorial integrity and non­intervention in one another's internal affairs,equality and mutual benefit, compliance with the Constitution of the SocialistRepublic of Vietnam and the fundamental principles of international law.
Article 9. Prohibited acts in the execution of criminaljudgments
1. Destroyinginmate management and incarceration facilities; destroying or intentionallydamaging property of inmate management and incarceration facilities; organizingescape or escaping from inmate management places; organizing escape or escapingwhile being escorted for judgment execution; rescuing inmates or persons beingescorted for judgment execution.
2. Failing toabide by decisions to execute criminal judgments; obstructing or resisting theimplementation of internal regulations on the execution of criminal judgmentsor decisions or requests of competent agencies or persons in the execution ofcriminal judgments.
3.Organizing, provoking, instigating, dragging, enticing, abetting or forcingothers to violate the law on execution of criminal judgments; taking revenge onor infringing upon the life, health, honor, dignity and property of persons incharge of executing criminal judgments.
4. Failing toissue decisions to execute criminal judgments; failing to execute decisions toset free persons who are released in accordance with law.
5. Giving,taking, brokering bribes or causing harassment in the execution of criminaljudgments.
6. Illegallyreleasing persons who are in detention, are being escorted for judgmentexecution; showing irresponsibility in the management, guard and escort forjudgment execution resulting in the escape of persons serving a prisonsentence, the death sentence or expulsion sentence.
7. Abusingpositions and powers to request exemption from or reduction of the duration,postponement or suspension of the serving of a sentence for ineligible persons;failing to request exemption from or reduction of the duration of serving acriminal sentence for eligible persons; obstructing sentenced persons fromexercising the right to request exemption from or reduction of the duration ofserving a sentence.
8. Issuing orrefusing to issue decisions, certificates or other papers regarding executionof criminal judgments in violation of law.
9. Infringingupon the legitimate rights and interests of sentenced persons.
10.Falsifying dossiers and records related to the execution of criminal judgments.
Chapter II
SYSTEM OF CRIMINALJUDGMENT EXECUTION ORGANIZATION, TASKS AND POWERS OF COMPETENT AGENCIES IN THEEXECUTION OF CRIMINAL JUDGMENTS
Article 10. System of criminal judgment executionorganization
1. Criminaljudgment execution management agencies:
a/ Criminaljudgment execution management agency of the Ministry of Public Security;
b/ Criminaljudgment execution management agency of the Ministry of National Defense.
2. Criminaljudgment execution agencies:
a/ Prisons ofthe Ministry of Public Security, prisons of the Ministry of National Defenseand prisons of military zones (below referred to as prisons);
b/ Criminaljudgment execution agencies of police departments of provinces and centrallyrun cities (below referred to as criminal judgment execution agencies ofprovincial-level police departments):
c/ Criminaljudgment execution agencies of police offices of districts, towns andprovincial cities (below referred to as criminal judgment execution agencies ofdistrict-level police offices);
d/ Criminaljudgment execution agencies of military zones and equivalent level (belowreferred to as criminal judgment execution agencies of military zones).
3. Agencieswhich are assigned some tasks of criminal judgment execution:
a/ Detentioncamps of the Ministry of Public Security, detention camps of the Ministry ofNational Defense, detention camps of provincial-level police departments, detentioncamps of military zones (below referred to as detention camps):
b/ People'sCommittees of communes, wards and townships (below referred to as commune-levelPeople's Committees);
c/ Militaryunits of regiment and equivalent levels (below referred to as military units).
4. TheMinister of Public Security and the Minister of National Defense shall specifythe organizational apparatuses of criminal judgment execution managementagencies and criminal judgment execution agencies.
Article 11. Tasks and powers of the criminal judgmentexecution management agency of the Ministry of Public Security
1. To assistthe Minister of Public Security in performing the following tasks and powers:
a/ Organizeenforcement of the law on execution of criminal judgments:
b/ Providingprofessional instructions and guidance on the uniform application of the law onexecution of criminal judgments;
c/ Reviewingthe execution of criminal judgments,
2. To examinethe execution of criminal judgments.
3. To decideon the sending of persons subject to prison sentences to places in which theywill serve their prison sentences.
4. Todirectly manage prisons of the Ministry of Public Security.
5. Toimplement the statistics and reporting regime.
6. To settlecomplaints and denunciations about criminal judgment execution under this Law.
7. To performother tasks and powers assigned by the Minister of Public Security.
Article 12. Tasks and powers of the criminal judgmentexecution management agency of the Ministry of National Defense
1. To assistthe Minister of National Defense in performing the following tasks and powers:
a/ Organizingenforcement of the law on execution of criminal judgments;
b/ Providingprofessional instructions and guidance on the uniform application of the law onexecution of criminal judgments;
c/ Reviewingthe execution of criminal judgments in the army.
2. To examinethe execution of criminal judgments in the army.
3. To decideon the sending of persons subject to prison sentences to places in which theywill serve their prison sentences under this Law.
4. Todirectly manage prisons of the Ministry of National Defense.
5. Toimplement the statistics and reporting regime.
6. To settlecomplaints and denunciations about criminal judgment execution under this Law.
7. To performother tasks and powers assigned by the Minister of National Defense.
Article 13. Tasks and powers of criminal judgment executionagencies of provincial-level police departments
1. To assistdirectors of provincial-level police departments in managing and directing theexecution of criminal judgments in their respective provinces or cities:
a/ Providingprofessional instructions for, and examining the execution of criminaljudgments by, detention camps and criminal judgment execution agencies ofdistrict-level police offices;
b/ Reviewingthe execution of criminal judgments and implementing the statistics andreporting regime as guided by the criminal judgment execution management agencyof the Ministry of Public Security.
2. To receivedecisions on the execution of criminal judgments from competent courts; tocomplete procedures and dossiers and lists of persons subject to prisonsentence for reporting and request to competent agencies or persons for decision.
3. To requestcompetent courts to consider and decide on the suspension of the serving ofprison sentences and reduction of the duration of serving prison sentences.
4. Toorganize the execution of the expulsion sentence; to participate in executing thedeath sentence: to manage inmates employed in detention and custody work underthis Law.
5. To issuepursuit warrants and coordinate in organizing forces to hunt inmates escapingfrom prisons or criminal judgment execution agencies of district-level policeoffices or persons allowed to postpone or suspend the serving of prisonsentences or persons serving the expulsion sentence when they escape.
6. To decideto transfer inmates or implement inmate transfer orders of competent agenciesor persons.
7. To issuecertificates of complete serving of sentence according to their competence.
8. To settlecomplaints and denunciations about execution of criminal judgments under thisLaw.
9. To performother tasks and powers under this Law.
Article 14. Tasks and powers of criminal judgment executionagencies of military zones
1. To assistcommanders of military zones in managing and directing the execution ofcriminal judgments in their military zones or equivalent zones:
a/ Providingprofessional instructions on and examine the execution of criminal judgments;
b/ Managingprisons of military zones;
c/ Reviewingthe execution of criminal judgments and implement the statistics and reportingregime as guided by the criminal judgment execution management agency of theMinistry of National Defense.
2. To receivecriminal judgment execution decisions of competent courts; to completeprocedures and dossiers and lists of persons subject to prison sentence forreporting and request to competent agencies or persons for decision.
3. To requestcompetent courts to consider and decide on the suspension of the serving ofprison sentences and reduction of the duration of serving prison sentences.
4. Toparticipate in executing the death sentence; to manage inmates employed indetention work under this Law.
5. To issuecertificates of complete serving of sentence according to their competence.
6. To settlecomplaints and denunciations about criminal judgment execution under this Law.
7. To performother tasks and powers under this Law.
Article 15. Tasks and powers of criminal judgment executionagencies of district-level police offices
1. To assistchiefs of district-level police offices in managing and directing the executionof criminal judgments in their respective districts:
a/ Providingprofessional instructions on the execution of criminal judgments according totheir competence for commune-level People's Committees; directing and examiningcommune-level police offices in their assistance for commune-level People'sCommittees in performing the tasks of executing criminal judgments under thisLaw:
b/Implementing the statistics and reporting regime as guided by the criminaljudgment execution management agency of the Ministry of Public Security.
2. To receivecriminal judgments and judgment execution decisions and related documents,compile dossiers of execution of criminal judgments and transfer them tocommune-level People's Committees for execution of sentences of non-custodialreform, residence ban, ban from holding certain positions, practicing certainprofessions or performing certain jobs, deprivation of certain civil rights,probation and suspended sentences under this Law.
3. To escortfor judgment execution persons subject to prison sentence who are on bail orallowed to postpone or suspend the serving of sentences.
4. Todirectly manage inmates employed in custody houses.
5. To handjudgment execution decisions to persons subject to prison sentence who are heldin custody houses and report them to criminal judgment execution agencies ofprovincial-level police departments.
6. To compiledossiers and make reports to criminal judgment execution agencies ofprovincial-level police departments for request to the criminal judgmentexecution management agency of the Ministry of Public Security to issuedecisions to send persons subject to prison sentence who arc held in custodyhouses or allowed to postpone or suspend the serving of sentences to places inwhich they will serve their sentences; to request competent agencies to issuedecisions to pursue persons who shirk serving of their prison sentences.
7. To issuecertificates of complete serving of sentence according to their competence.
8. To decideto transfer inmates or implement transfer orders of competent agencies orpersons.
9. To settlecomplaints and denunciations about criminal judgment execution under this Law.
10. Toperform other tasks and powers under this Law.
Article 16. Tasks, powers and organizational structure ofprisons
1. Prisons,as agencies executing prison sentences, have the following tasks and powers:
a/ Admittinginmates and managing the incarceration, education and reformation of inmates;
b/ Notifyingrelatives of inmates of the admission of inmates and their serving ofsentences;
c/ Requestingcompetent courts to consider reduction of the duration of serving sentences andsuspension of the serving of prison sentences for inmates in accordance withlaw;
d/ Carryingout procedures for requesting amnesty for inmates in accordance with law;
e/Implementing transfer orders of competent agencies or persons;
f/ Receivingpersonal possessions and money voluntarily handed by inmates and relatives ofinmates for judgment execution, transfer them to civil judgment enforcementagencies of places in which the courts which have conducted first-instancetrial of the cases are based; receiving personal possessions and money fromcivil judgment enforcement agencies and handing them to inmates under the Lawon Enforcement of Civil Judgments;
g/ Coordinatingwith civil judgment enforcement agencies in providing information andtransferring documents related to inmates sentenced to payment of fines,confiscation of property and other civil obligations to the places in whichthey serve their prison sentences, to the exercise of civil rights andperformance of civil obligations of inmates, to the places of residence ofpersons who are granted amnesty, exempted from serving prison sentences orhaving completely served their prison sentences, and inmates who have changedtheir places of serving prison sentences or who have died;
h/ Issuingcertificates of complete serving of prison sentence and certificates ofamnesty;
i/ Carryingout procedures for handling cases of deceased inmates under Article 49 of thisLaw:
j/ Deliveringforeign inmates under court decisions on the transfer of persons currentlyserving prison sentences; admitting, and managing the incarceration, educationand reformation of. Vietnamese inmates who committed crimes and were sentencedto prison in foreign countries and have been transferred to Vietnam for servingtheir sentences; implementing the provisions of this Law on execution of theexpulsion sentence;
k/ Makingstatistics and reports on the execution of prison sentences;
l/ Performingother tasks and powers in accordance with law.
2. Prisonwardens have the following tasks and powers:
a/ Organizingthe performance of tasks and powers of prisons defined in Clause 1 of thisArticle;
b/ Issuingdecisions to classify inmates and organize incarceration of inmates accordingto their categories:
c/ Decidingto check, seize and handle articles and documents on the ban list;
d/ Issuingdecisions to transfer inmates for medical examination and treatment,management, labor and learning purposes;
e/ Issuingpursuit warrants and coordinating in organizing forces to promptly pursueinmates escaping from prison.
3. Deputywardens shall perform tasks and powers of prison wardens as assigned orauthorized by prison wardens and take responsibility for assigned tasks.
4. A prisonshall be organized as follows;
a/ A prisonhas prison departments, incarceration sectors and prison cells, facilitiesserving incarceration management, daily living, health care, education andreformation of inmates; facilities serving work and daily living of officers,professional army men, non­commissioned officers, soldiers, workers andemployees in the prison;
b/ Themanagement apparatus of a prison consists of wardens, deputy wardens, heads anddeputy heads of prison departments, team leaders and deputy leaders; officers,professional army men and non-commissioned officers; soldiers, workers andemployees.
Wardens,deputy wardens, heads and deputy heads of prison departments, team leaders anddeputy leaders must possess university or higher degrees in public security,security or law and satisfy other criteria prescribed by the Government.
Article 17. Tasks and powers of detention camps
1. To admitand manage the incarceration of persons sentenced to death.
2. Todirectly manage the incarceration, education and reformation of inmates servingsentences in detention camps under this Law.
Article 18. Tasks and powers of commune-level People'sCommittees in the execution of criminal judgments
Commune-levelPeople's Committees have the tasks and powers of supervising and educatingpersons serving sentences of non-custodial reform, residence ban, probation,ban from holding certain positions, practicing certain professions orperforming certain jobs, deprivation of certain civil rights or suspendedsentences. Commune-level police offices shall advise and assist commune-levelPeople's Committees in performing their tasks and powers under this Law.
Article 19. Tasks and powers of army units in the executionof criminal judgments
Army unitshave the tasks and powers of supervising and educating persons servingsentences of non-custodial reform, residence ban, ban from holding certainpositions, practicing certain professions or performing certain jobs,deprivation of certain civil rights or suspended sentences under this Law.
Article 20. Tasks and powers of courts in the execution ofcriminal judgments
1. To issuejudgment execution decisions; to decide to set up councils for execution of thedeath sentence.
2. To issuedecisions to postpone, suspend or terminate the serving of prison sentences;exempt from or reduce the duration of the serving of sentences; prolong thetime limit for expulsion; reduce the probation term for persons subject tosuspended sentence.
3. Toconsider and permit the receipt of corpses of persons sentenced to death.
4. To sendjudgments and decisions to be executed and decisions stated in Clauses 1 and 2of this Article, and related documents to agencies, organizations andindividuals under this Law.
5. To implementthe regime of making statistics and reports on the execution of criminaljudgments according to their competence and perform other tasks and powersunder this Law.
Chapter III                                    
EXECUTION OF PRISONSENTENCE
Section 1. PROCEDURES FOR EXECUTION OF PRISON SENTENCES ANDREGIME OF MANAGEMENT OF INCARCERATION AND EDUCATION OF INMATES
Article 21. Decisions to execute prison sentences
1. A judgmentexecution decision must clearly indicate the full name and position of theissuer: the judgment or decision to be executed; name of the agency responsiblefor executing the decision; full name, date of birth and place of residence ofthe sentenced person; the duration of serving the prison sentence and theduration of serving additional penalty(ies). In case the sentenced person is onbail, the decision must clearly state that, within 7 days after receiving thedecision, the sentenced person must be present at the criminal judgmentexecution agency of the district-level police office of the place in whichhe/she resides or the criminal judgment execution agency of the military zonein which he/she works.
2. Within 3working days after issuing a decision to execute a prison sentence andadditional penalty(ies), the issuing court shall send the decision to thefollowing individuals and agencies:
a/ Thesentenced person;
b/ Thesame-level procuracy;
c/ Thecriminal judgment execution agency of the provincial-level police department ormilitary zone;
d/ Thedetention camp in which the sentenced person is held;
e/ The criminaljudgment execution agency of the district-level police office of the place inwhich the sentenced person is detained in a custody house or is on bail;
f/ Theprovincial-level Justice Department of the place in which the issuing court isbased.
Article 22. Execution of decisions to execute prisonsentences
1. In casethe person sentenced to prison is currently in detention, within 3 working daysafter receiving the judgment execution decision, the detention camp of theprovincial-level police department or the criminal judgment execution agency ofthe district-level police office shall hand the judgment execution decision tosuch person and report it to the criminal judgment execution agency of theprovincial-level police department. Within 5 working days after receiving thereport, the criminal judgment execution agency of the provincial-level policedepartment shall complete the dossier and make a list of persons sentenced toprison for reporting to the criminal judgment execution management agency of theMinistry of Public Security. In case the person sentenced to prison iscurrently held in a detention camp of the Ministry of Public Security, thisdetention camp shall hand the judgment execution decision lo such person,complete the dossier and report it to the criminal judgment executionmanagement agency of the Ministry of Public Security.
Within 5working days after receiving the report of the criminal judgment executionagency of the provincial-level police department or detention camp of theMinistry of Public Security, the criminal judgment execution management agencyof the Ministry of Public Security shall issue a decision to send the sentencedperson to serve the sentence.
2. In casethe person sentenced to prison is currently held in a detention camp of amilitary zone, within 3 working days after receiving the judgment executiondecision, the detention camp shall hand the judgment execution decision to suchperson and report it to the criminal judgment execution agency of the militaryzone. Within 5 working days after receiving the report, the criminal judgmentexecution agency of the military zone shall complete the dossier and make alist of persons sentenced to prison for reporting to the criminal judgmentmanagement agency of the Ministry of National Defense. In case the personsentenced to prison is currently held in a detention camp of the Ministry ofNational Defense, this detention camp shall hand the judgment executiondecision to such person. complete the dossier and report it to the criminaljudgment execution management agency of the Ministry of National Defense.
Within 5working days after receiving the report of the criminal judgment executionagency of the military zone or detention camp of the Ministry of NationalDefense, the criminal judgment execution management agency of the Ministry ofNational Defense shall issue a decision to send the sentenced person to servethe sentence.
3. Pendingtransfer to a place for serving his/ her prison sentence, the sentenced personis subject to the regime applicable to inmates.
4. If theperson sentenced to prison is on bail, within 7 days after receiving thejudgment execution decision, he/she must be present at the head office of thecriminal judgment execution agency of the district-level police office ormilitary zone indicated in the decision. Past this time limit, if he/she docsnot show up, the judicial assistance police or judicial guards shall escorthim/her to serve his/her sentence.
Article 23. Procedures for postponement of the serving of aprison sentence
1. For aperson sentenced to prison who is on bail, the president of the court which hasissued the judgment execution decision may himself/ herself or at the writtenrequest of the sentenced person or the written request of the same-levelprocuracy, the criminal judgment execution agency of the district-level policeoffice of the place in which such person resides or the criminal judgmentexecution agency of the military zone in which such person works, issue adecision to postpone the serving of the sentence. Such written requests must beaddressed to the court which has issued the judgment execution decision andenclosed with related papers.
2. Within 7days after receiving a written request for postponement of the serving of aprison sentence, the president of the court which has issued the judgmentexecution decision shall consider it and make decision.
3. Within 3working days after issuing the decision to postpone the serving of a prisonsentence, the court shall send this decision to the following individuals andagencies:
a/ Thesentenced person;
b/ Thesame-level procuracy;
c/ Thecriminal judgment execution agency of the provincial-level police department ormilitary zone;
d/ Thecriminal judgment execution agency of the district-level police office of theplace in which the sentenced person resides;
e/ Theprovincial-level Justice Department of the place in which the issuing court isbased.
Article 24. Execution of decisions to postpone the serving ofprison sentences
1. Uponreceiving a court decision to postpone the serving of the sentence, thecriminal judgment execution agency of the district-level police office or thecriminal judgment execution agency of the military zone shall stop carrying outprocedures for sending the sentenced person to serve his/her sentence.
2. Thecommune-level People's Committee or the army unit shall manage the personallowed to postpone the serving of his/her sentence. Such person may not leavehis/her place of residence without consent of the managing commune-levelPeople's Committee or army unit.
3. The agencyor military unit referred to in Clause 2 of this Article shall report onceevery three months on the management of the person allowed to postpone theserving of his/her sentence to the criminal judgment execution agency of thedistrict-level police office or military zone for notification to the courtwhich has issued the postponement decision.
4. Whilepostponing the serving of his/her sentence, if the sentenced person seriouslyviolates the law or there is a ground to believe that he/she intends to escape,the agency referred to in Clause 2 of this Law shall report it to the criminaljudgment execution agency of the district-level police office or military zone forrequesting the president of the court which has issued the postponementdecision to cancel such decision. Immediately after obtaining the decision tocancel the postponement decision, the judicial assistance police or judicialguards shall escort the sentenced person for judgment execution. If thesentenced person concerned has escaped, the criminal judgment execution agencyof the provincial-level police department shall issue a pursuit warrant andcoordinate in organizing the pursuit.
5. If thesentenced person die while postponing the serving of his/her sentence, his/ herrelatives or the commune-level police office or the agency assigned to managehim/her shall report his/her death to the criminal judgment execution agency ofthe district-level police office or military zone for notification to the courtwhich has issued the postponement decision for issuing a decision to terminatethe judgment execution and carrying out related procedures.
6. At least 7days before the expiration of the postponement duration of the serving of aprison sentence, the president of the court which has decided to postpone theserving of the prison sentence shall make a written notice and send it to thesentenced person and the agency referred to in Clause 3, Article 23 of thisLaw.
Article 25. Dossiers of sending of sentenced persons to servetheir prison sentences
1. A dossierof sending of a sentenced person to serve his/her prison sentence must fullycomprise the following papers;
a/ Thelegally effective judgment; in case of appellate, cassation or re-openingtrial, the first-instance judgment is also required;
b/ Thedecision to execute the prison sentence;
c/ Thedecision of the criminal judgment execution management agency to send thesentenced person to a prison or detention camp or a criminal judgment executionagency of a district-level police office;
d/ Thepersonal identification statement of the sentenced person;
e/ A copy ofthe passport or paper evidencing the citizenship of the sentenced person who isa foreigner;
f/ The healthcertificate and other documents related to the health of the sentenced person;
g/ A remarksheet on the observance of detention regulations by the sentenced person whilebeing held in temporary detention;
h/ Otherdocuments related to the execution of the prison sentence.
2. Thecriminal judgment execution management agency of the Ministry of PublicSecurity, criminal judgment execution management agency of the Ministry ofNational Defense, criminal judgment execution agencies of provincial-levelpolice departments, district-level police offices and military zones shallcomplete dossiers referred to in Clause 1 of this Article and organize thedelivery of sentenced persons and their dossiers to prisons, detention camps orcriminal judgment execution agencies of district-level police officesdesignated for judgment execution.
Article 26. Admission of persons sentenced to imprisonment
1. Theprisons, detention camps or criminal judgment execution agencies ofdistrict-level police offices designated for judgment execution shall receivepersons sentenced to prison with complete dossiers as prescribed in Article 25of this Law; the admission must be recorded in a minutes. The admittingagencies shall immediately give medical checks to the admitted persons to maketheir health records.
2. Theadmitting agencies shall inform inmates of the following regulations forcompliance:
a/ Takingonly necessary articles in the prison cell; handing unused personal possessionsand cash to the prison, detention camp or the criminal judgment executionagency of the district-level police office for management. Should an inmatewish to send cash and personal possessions to a relative or lawful representativeat his/her own expenses, the prison or detention camp or the criminal judgmentexecution agency of the district-level police office shall send such cash andpossessions to such person or hand them over directly to such person at theplace in which the inmate serves his/her sentence;
b/ Inmatesare not allowed to use cash and valuable papers in the place in which theyserve their sentences. Inmates may buy food, foodstuffs and other commoditiesfor their daily needs at the place in which they serve their sentences in theform of making book entries;
c/ Inmatesare not allowed to bring in the place in which they serve their sentencesarticles on the ban list issued by the Ministry of Public Security or theMinistry of National Defense.
3. Within 5 workingdays after admitting a sentenced person, the prison or detention camp or thecriminal judgment execution agency of the district-level police office shallnotify it to the court which has issued the judgment execution decision and torelatives of such person and report it to the criminal judgment executionmanagement agency.
Article 27. Incarceration of inmates
1. A prisonshall organize inmate incarceration as follows:
a/ Prisonsectors for inmates serving sentences of over 15 years' imprisonment or lifeimprisonment and inmates committing dangerous recidivism:
b/ Prisonsectors for incarcerating inmates serving sentences of 15 years or less inprison, inmates serving sentences of over 15 years" imprisonment whichhave been reduced to under 15 years for good rehabilitation records.
2. In prisonsectors referred to in Clause 1 of this Article, the following inmates shall beheld separately:
a/ Femaleinmates;
b/ Minorinmates;
c/ Foreigninmates;
d/ Inmateswith extremely dangerous infectious diseases;
e/ Inmatesshowing signs of suffering a mental disease or another disease that deprivesthem of perception or act control capacity pending a court decision;
f/ Inmateswho repeatedly violate detention regulations.
3. In adetention camp, inmates specified at Points a and f. Clause 2 of this Articleshall be separately held.
4. Inmatesshall be divided into teams and groups for working, learning and otheractivities. Depending on the characteristics of crimes, sentence levels andpersonal characteristics of inmates and their rehabilitation records, wardensof prisons or detention camps shall decide on the classification and transferof inmates between prison sectors.
Article 28. Regimes of learning and vocational training andaccess to information of inmates
1. Inmatesshall be obliged to learn law and civil education and arc entitled to learnliteracy skills and jobs. Illiterate inmates shall be obliged to learn how toread and write. Foreign inmates are encouraged to learn Vietnamese. Learningand job training shall be organized on Saturdays for inmates while they havedays off on Sundays and other holidays prescribed by law. Based on managementand education requirements and length of imprisonment of inmates, prisons,detention camps and criminal judgment execution agencies of district-levelpolice offices shall organize teaching for inmates according to programs andcontents prescribed by the Ministry of Education and Training, the Ministry ofJustice, the Ministry of Public Security and the Ministry of National Defense.
2. Inmatesshall be provided with information on current affairs and state policies andlaws.
Article 29. Labor regime of inmates
1. Laborshall be organized for inmates to suit their age, health and meet management,education and community integration requirements; they are entitled to days offon Saturdays, Sundays and public holidays as prescribed by law. They shall workand learn for 8 hours at most per day. In unexpected or seasonal cases, prisonwardens may ask inmates to work overtime for 2 hours at most per day. Inmatesworking overtime or on Saturdays and Sundays are entitled to offsetting daysoff or allowances in cash or kind.
2. Femaleinmates shall be assigned jobs suitable to their gender, health and age; it isprohibited to assign them heavy and hazardous jobs on the list of jobs bannedfrom employment of female laborers.
3. Inmatessuffering a disease or physical or mental defects are entitled to exemptionfrom work or reduction of working hours, depending on the degree and nature ofsuch disease and prescriptions of the health center of their prison ordetention camp.
Article 30. Use of inmates' labor fruits
1.. Inmates'labor fruits, after deducting costs of supplies and materials and wages paid tohired workers: power and water charges supplementary meal allowances for heavyand hazardous jobs in addition to inmates' standard meal expenses paid by thestate budget; pays for working overtime or on holidays; asset depreciation andexpenses for inmate labor management, shall be used for:
a/ Increasingfood rations for inmates;
b/ Forming acommunity integration fund to support inmates after completely serving theirprison sentences;
c/Supplementing the prison's welfare and reward funds;
d/ Rewardinginmates for good working results;
e/Re-investing in the prison to fund the organization of labor, education and jobtraining for inmates.
2. Inmatesmay send their allowances earned from working overtime and on holidays andmonetary rewards for good working results to their relatives, deposit them attheir prisons' safekeeping, use them under regulations or receive them backupon completely serving their prison sentences.
3. Thecollection and spending of money generated from work and job learningactivities of inmates is stipulated as follows:
a/ The prisonshall open accounting books and record and account all arising financialrevenues and expenses and make financial statements according to thenon-business administrative accounting regime. All revenues and expensesarising from work and job learning activities of inmates shall be reflected inthe prison's accounting book system;
b/ The prisonshall include all expenses specified in Clause 1 of this Article in productcosts:
c/ A reporton revenues from and expenditures for inmate labor in the prison is a generalreport on figures, status and results of revenues and expenses arising from theorganization of inmate labor. Prison wardens shall make such general reportsand detailed explanation reports on results of revenues from and expendituresfor inmate labor and send them to the criminal judgment execution managementagency of the Ministry of Public Security or the Ministry of National Defense;
d/ Thecriminal judgment execution management agencies of the Ministry of PublicSecurity and the Ministry of National Defense shall evaluate and approvereports on results of revenues from and expenditures for inmate labor andreport them to the financial management agencies of the Ministry of Public Securityand the Ministry of National Defense for inclusion in annual budget settlementreports of the Ministry of Public Security and the Ministry of National Defensein accordance with law.
Article 31. Procedures for requesting suspension the servingof prison sentences
1. Thecompetence to request suspension of the serving of a prison sentence restswith:
a/ Prisonsand detention camps of the Ministry of Public Security; detention camps of theMinistry of National Defense;
b/ Criminaljudgment execution agencies of provincial-level police departments and ofmilitary zones;
c/Provincial-level people's procuracies and military procuracies of militaryzones.
2. Competentagencies in the places in which inmates are serving their sentences referred toin Clause 1 of this Article shall compile dossiers to request suspension of theserving of prison sentences and send them to competent courts for considerationand decision.
3. Within 7days after receiving dossiers of request, presidents of provincial-level courtsof the places or military courts of military zones in which inmates are servingprison sentences shall consider these dossiers and make decision.
4. Suspensionof the serving of a prison sentence for trial according to cassation orreopening procedures shall be decided by persons who have lodged protests or bycourts of cassation or re-opening level.
Article 32. Execution of decisions to suspend the serving ofprison 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 andagencies:
a/ The personallowed to suspend the serving;
b/ The agencyrequesting the suspension, the prison, detention camp or criminal judgmentexecution agency of the district-level police office of the place in which theperson concerned is serving his/her prison sentence;
c/ Thecriminal judgment execution agency of the district-level police office or thecommune-level People's Committee of the place in which the person concernedwill come to reside or the army unit assigned to manage such person;
d/ Thesame-level procuracy:
e/ The courtthat issued the judgment execution decision;
f/ Theprovincial-level Justice Department of the place in which the issuing court isbased.
2. If thedirector of a procuracy issues a decision to suspend the serving of a prisonsentence, this decision shall be sent to the provincial-level JusticeDepartment of the place in which the procuracy is based and to the individualand agencies specified at Points a. b, c and e, Clause 1 of this Article,
3. Theprison, detention camp or criminal judgment execution agency of thedistrict-level police office directly managing the person allowed to suspendthe serving of his/her prison sentence shall deliver such person to thecommune-level People's Committee of the place in which he/she comes to resideor to the army unit assigned to manage such person; his/her relatives areobliged to receive such person.
Thecommune-level People's Committee or the army unit assigned to manage the personallowed to suspend the serving of his/her prison sentence shall monitor andsupervise such person and consider and allow him/her to leave his/her place ofresidence or workplace.
4. Theresumption of the serving of a prison sentence by a person allowed to suspendsuch serving is as follows:
a/ At least 7days before the expiration of the suspension duration, the criminal judgmentexecution agency of the district-level police office of the place in which theperson concerned resides shall notify this to such person, ordering him/her toshow up at the place to serve his/her prison sentence on prescribed time. Pastthis 7-day time limit from the expiration of the suspension duration, shouldthe person concerned not show up at the prison, detention camp or criminaljudgment execution agency of the district-level police office lo continueserving his/ her prison sentence without a plausible reason, the head of thecriminal judgment execution agency of the district-level police office ormilitary zone shall decide to escort him/her to serve his/her sentence;
b/ For aperson allowed to suspend the serving of his/her prison sentence on account ofa serious disease and whose health conditions are difficult to assess, thecriminal judgment execution agency of the provincial-level police department ofthe place in which such person resides or the criminal judgment executionagency of the military zone in which the army unit assigned to manage suchperson is based shall seek provincial-level or military zone-level medicalexamination. If the examination result shows that such person's health has beenrehabilitated, the criminal judgment execution agency of the district-levelpolice office or military zone shall take him/her to serve his/her prisonsentence and notify such to the president of the court which has issued thesuspension decision;
c/ In thesuspension duration, if the person allowed to suspend the serving of his/herprison sentence commits a serious violation of law or there is a ground tobelieve that he/she may escape, the commune-level People's Committee of theplace in which he/she resides or the army unit assigned to manage him/her shallnotify the criminal judgment execution agency of the district-level policeoffice of the place in which such person resides or the criminal judgmentexecution agency of the military zone in which the army unit assigned to managesuch person is based for further notification to the president of the courtwhich has issued the suspension decision. Within 3 working days after receivingthe notice, the president of the court which has issued the suspension decisionshall consider and issue a decision to terminate the suspension and send it tothe criminal judgment execution agency of the district-level police office ormilitary zone for escorting such person to serve his/her sentence.
if the personallowed to suspend the serving of his/her prison sentence escapes, the criminaljudgment execution agency of the provincial-level police department or thecriminal judgment execution agency of the military zone shall issue a pursuitwarrant and join in organizing the pursuit.
5. If theperson allowed to suspend the serving of his/her prison sentence dies, thecommune-level People's Committee of the place in which such person resides orthe army unit assigned to manage such person shall notify the criminal judgmentexecution agency of the district-level police office or military zone forfurther notification to the court which has issued the suspension decision andthe court which has issued the judgment execution decision. Within 3 workingdays after receiving the notice, the president of the court which has issuedthe judgment execution decision shall issue a decision to terminate thejudgment execution and send it to the agencies specified at Points b, c, d andc. Clause 1 of this Article and to the court which has issued the suspensiondecision.
Article 33. Procedures for reduction of the duration ofserving prison sentences
1. Competentagencies specified at Points a and b. Clause 1. Article 31 of this Law mayrequest reduction of the duration of serving prison sentences.
2. Agenciescompetent to request reduction of the duration of serving prison sentences shallcompile dossiers and send them to provincial-level People's Courts and militarycourts of military zones in which the inmates concerned are serving theirsentences for consideration and decision. A dossier of request comprises:
a/ A copy ofthe judgment: for consideration of reduction of the sentence from the secondtime on, a copy of the judgment execution decision is required instead;
b/ Writtenrequest of the competent agency for the reduction:
c/ Monthly,quarterly, biannual and annual assessment results of the serving of the prisonsentence; commendation decisions or certificates of the inmate's merits issuedby competent agencies;
d/ Theconclusion of a provincial- or military zone- or higher-level hospital on theillness, for inmates suffering a dangerous disease;
e/ A copy ofthe decision to reduce the duration of serving the prison sentence, for inmateswho have been granted a reduction.
3. Within 15days after receiving a dossier of request for reduction of the duration ofserving the prison sentence, the provincial-level People's Court of the placeor the military court of the military zone in which the inmate is serving his/her sentence shall hold a meeting to consider the request and notify in writingsuch meeting to the same-level procuracy, which shall appoint a procurator toattend the meeting. In case a dossier needs to be supplemented, the time limitfor holding a meeting shall be counted from the date of receiving thesupplemented dossier.
4. Within 3working days after issuing a decision to reduce the duration of serving theprison sentence, the court shall send this decision to the person concerned,the requesting agency, the same-level procuracy, the immediate superiorprocuracy, the court which has issued the judgment execution decision and theprovincial-level Justice Department of the place in which such court is based.
Article 34. Procedures for exemption from the serving ofprison sentences
1. Thecompetent procuracy of the place in which the person serving a prison sentenceresides or works shall compile a dossier to request the provincial-levelpeople's court or the military court of the military zone to consider exemptingsuch person from serving his/her prison sentence Such a dossier comprises:
a/ A copy ofthe legally effective judgment;
b/ Thewritten request of the competent procuracy;
c/ Theinmate's petition for exemption from serving the prison sentence;
d/ Theinmate's statement on the merit or great merit he/she has made, certified by acompetent agency, for inmates who have recorded merits or great merits, or theconclusion of a provincial-or military zone- or higher-level hospital on theillness of the inmate, for inmates suffering a dangerous disease.
2. Within 15days after receiving a dossier, the competent court shall hold a meeting toconsider the request and notify in writing such meeting to the same-levelprocuracy, which shall appoint a procurator to attend the meeting. In case adossier needs to be supplemented, the time limit for holding a meeting shall becounted from the date of receiving the supplemented dossier.
3. Within 3working days after issuing a decision to exempt from the serving of the prisonsentence, the issuing court shall send this decision to the exempted person,the requesting procuracy. the immediate superior procuracy, the same-levelcriminal judgment execution agency, the court which has issued the judgmentexecution decision, the commune-level People's Committee of the place in whichsuch person resides or the army unit managing such person, and theprovincial-level Justice Department of the place in which the issuing court isbased.
4.-Immediatelyafter receiving the exemption decision, the prison, detention camp or criminaljudgment execution agency of the district-level police office shall carry outprocedures to set free such person and report the result to the superiorcriminal judgment execution management agency or criminal judgment executionagency.
Article 35. Transfer of inmates
1. Aprocedure-conducting agency or person shall, when requiring transfer of aninmate, send a written request to the criminal judgment management agency, thecriminal judgment execution agency of the provincial-level police department ofthe place in which the requesting procedure-conducting agency or person isbased or works for requesting the competent criminal judgment execution agencyspecified in Clause 2 of this Article to issue a transfer order. Upon receivingthe transfer request, the competent criminal judgment execution agency shallissue an order to transfer the inmate.
2. Thecompetence to transfer inmates for assisting in investigation, prosecution ortrial activities is as follows:
a/ The headof the criminal judgment execution management agency of the Ministry of PublicSecurity shall issue transfer orders with respect to inmates in prisons anddetention camps of the Ministry of Public Security;
b/ The headof the criminal judgment execution management agency of the Ministry of NationalDefense shall issue transfer orders with respect to inmates in prisons anddetention camps of the Ministry of National Defense; heads of criminal judgmentexecution agencies of military zones shall issue transfer orders with respectto inmates currently serving their sentences in prisons and detention camps ofmilitary zones:
c/ Heads ofcriminal judgment execution agencies of provincial-level police departmentsshall issue transfer orders with respect to inmates currently serving sentencesin detention camps or to inmates directly managed by criminal judgmentexecution agencies of district-level police offices.
3. In case oftransfer of inmates for education and reformation or medical examination andtreatment or incarceration management, wardens of prisons, wardens of detentioncamps or heads of criminal judgment execution agencies of district-level policeoffices shall issue transfer orders.
4. A transferorder must have the following details:
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 separated,his/ her date of arrest, crime, duration and place of serving the prisonsentence;
c/ Purposeand length of transfer;
d/ Agency,full name, position and rank of the person to receive the transferred inmate;
e/ The issuershall write the date, sign and seal the order.
5. Wardens ofprisons, wardens of detention camps or heads of criminal judgment executionagencies of district-level police offices shall check, deliver and make aminutes of the delivery and receipt of the transferred inmate and record it inthe monitoring book. The length of transfer shall be included in the period ofserving the prison sentence, except for inmates who escape during the time oftransfer. The criminal judgment execution agency of the provincial-level policedepartment of the place or the criminal judgment execution agency of themilitary zone with the procedure-conducting agency or person requesting thetransfer shall receive, escort and manage the transferred inmate during thetime of transfer.
6. In casethe transferred inmate needs to be taken out of the place in which he/she isserving his/her sentence, the criminal judgment execution agency of theprovincial-level police department or military zone receiving such inmate mustensure meal and lodging for him/her under law during the time of transfer.Pursuant to the transfer order, the detention camp or custody house in theplace of the investigative, prosecution or trial agency requesting the transfershall manage the transferred inmate.
7. In casethe transferred inmate is not taken out of the place in which he/she is servinghis/ her prison sentence, the prison, the detention camp or the criminaljudgment execution agency of the district-level police office shall providemeal and lodging for and manage such inmate when the agency or person receivingthe transferred inmate does not work with him/her.
8. At theexpiration of the transfer duration, the agency receiving the transferred inmateshall send a notice to the criminal judgment execution management agency of theMinistry of Public Security or the Ministry of National Defense and thecriminal judgment execution agency of the provincial-level police department ormilitary zone and deliver the transferred inmate to the prison, detention campor district-level criminal judgment execution agency for further servinghis/her sentence. If needing to extend the transfer duration, it shall requestextension of the transfer duration; the transfer duration and extension of thisduration must not be longer than the remainder of the sentence served by thetransferred inmate.
Article 36. Commendation of inmates
1. Whileserving his/her prison sentence, an inmate who properly observes prison rulesand regulations, makes achievements in work or records merits shall becommended and rewarded in one or more of the following forms:
a/ Praise:
b/ Reward incash or in kind;
c/ Increaseof the number of telephone conversations and meetings with relatives, thenumber of receipt and quantities of presents.
2. Wardens ofprisons or detention camps of the Ministry of Public Security, wardens ofdetention camps of the Ministry of National Defense, heads of criminal judgmentexecution agencies of provincial-level police departments and heads of criminaljudgment execution agencies of military zones shall decide on commendation ofinmates. Commendation shall be expressed in writing and recorded in inmates'files. Commended inmates will be given priority in the process of requestingreduction of the duration of serving prison sentences and amnesty under law.
Article 37. Handling of cases of run-away inmates
1. When aninmate escapes, the prison or detention camp, the criminal judgment executionagency of the provincial-level police department or district-level policeoffice or the criminal judgment execution agency of the military zone shallpromptly organize pursuit for such inmate. Past 24 hours from the time ofdetecting that an inmate has escaped, if the pursuit is still in vain, thewarden of the prison or detention camp of the Ministry of Public Security orthe Ministry of National Defense, the head of the criminal judgment executionagency of the provincial- level police department or military zone shall issuea pursuit warrant and coordinate the pursuit.
Every case ofescape must be recorded in a minutes and subject to deterrent measures,investigation and handling under the criminal procedure law.
2. When arun-away inmate surrenders himself/herself, the agency receiving him/her shallmake a minutes and handle him/her according to its competence or deliverhim/her to the nearest criminal judgment execution agency for handling underlaw.
Article 38. Handling of violating inmates
1. Whileserving his/her prison sentence, an inmate violating prison regulations orcommitting an illegal act shall be disciplined in any of the following forms:
a/ Reprimand;
b/ Caution;
c/Confinement to a disciplinary room for up to 10 days.
When confinedto a disciplinary room, the inmate is not allowed to meet his/her relatives andmay have his/her legs put in stocks. Having legs put in stocks is not appliedto female, minor and old and weak inmates.
2. Wardens ofprisons, wardens of detention camps or heads of criminal judgment executionagencies of district-level police offices shall issue decisions to disciplineinmates and insert these decisions in their files.
3. If theviolation of an inmate show signs of a crime failing under the investigatingpower of the warden of the prison or detention camp, the warden of the prisonor detention camp shall issue a decision to institute a criminal case and carryout investigative activities under law; if such violation does not fall underhis/her investigating power, the warden shall notify it to a competentinvestigative agency.
4. Inmatesshall pay compensations for property damage, loss or destruction caused bythem.
Article 39. Notification of the situation of serving ofsentences; collaboration of inmates' families, agencies, organizations andindividuals in educating and reforming inmates
1. Prisonsand detention camps of the Ministry of Public Security and the Ministry ofNational Defense, criminal judgment execution agencies of provincial-levelpolice departments and military zones shall biannually notify the situation ofthe serving of sentences by inmates to their relatives.
2. Prisons,detention camps and criminal judgment execution agencies of district-levelpolice offices shall coordinate with families of inmates, localadministrations, agencies, organizations and individuals in paying attention toand encouraging inmates to actively learn, work and reform themselves in orderto enjoy the Slate's clemency; support education and job training activitiesfor inmates and prepare necessary conditions for their community integrationafter they completely serve their sentences.
Article 40. Release of inmates
1. Two monthsbefore an inmate finishes his/ her prison sentence, the prison or detention campof the Ministry of Public Security or the Ministry of National Defense or thecriminal judgment execution agency of the provincial-level police department orthe military zone shall notify the criminal judgment execution agency of thedistrict-level police office, the commune-level People's Committee of the placeand the agency or organization in which such person w ill return to reside andwork, and the agency receiving the inmate during transfer. Such a notice muststate the result of serving of the prison sentence, additional penalty(ies)which the inmate still has to serve, and other relevant information necessaryfor the consideration, arrangement and building of a normal life for suchperson.
In case theinmate, upon finishing his/her prison sentence, does not know where to live,the prison or detention camp of the Ministry of Public Security or the Ministryof National Defense or the criminal judgment execution agency of theprovincial-level police department shall request the commune-level People'sCommittee of the place in which the inmate serves his/her sentence or anotheragency or organization to receive such person.
2. On thefinal day of the prison sentence of an inmate, the prison or detention camp ofthe Ministry of Public Security or the Ministry of National Defense or thecriminal judgment execution agency of the provincial-level police departmentshall complete procedures as prescribed by law to release the inmate; issue acertificate of complete serving of prison sentence to the inmate and providehim/her with a sum of money from the community integration support fund andtravel and meal allowances for returning to his/her place of residence orworkplace: return to the inmate all papers, objects, money and possessionswhich he/she deposited at the place of serving the prison sentence. An inmatewho has no clothing shall be provided with a set of clothes to wear when goingto his/her place of residence.
3. During thetime of transfer of an inmate from the place of serving his/her sentence forassistance in investigation, prosecution or trial activities, if the term ofhis/her prison sentence expires, the competent agency specified in Clause 2 ofthis Article shall issue a certificate of complete serving of the prisonsentence to such inmate and notify it to the agency receiving such person andrelated agencies. The agency receiving the transferred inmate shall immediatelyrelease him/her; pay meal and travel allowances for him/her to go to the placeof serving his/her sentence to carry out related procedures. The agency issuingthe certificate of complete serving of prison sentence shall deal with relatedprocedures, obligations, rights and interests of the transferred person underClause 2 of this Article.
4. Uponfinishing his/her prison sentence, a foreign inmate shall be granted acertificate of complete serving of prison sentence and may stay at anaccommodation establishment designated by the criminal judgment managementagency pending completion of exit procedures.
5. Pensionsand social insurance allowances shall be paid to persons who finish theirprison sentences under the law on social insurance.
6. The agencywhich has issued a certificate of complete serving of prison sentence oramnesty certificate shall send it to the national judicial record center, thecourt which has issued the judgment execution decision, the agency responsiblefor executing additional penalty(ies) and the agency specified in Clause 1 ofthis Article, and send a written notice to (he agency responsible for enforcingthe civil part of the criminal judgment or decision.
Article 41. Execution of decisions to receive personscurrently serving prison sentences
1. Executionof decisions to receive persons currently serving prison sentences overseas toVietnam to serve their sentences:
a/ Whenreceiving a decision to execute the decision to receive a person currentlyserving a prison sentence from overseas to Vietnam to serve such sentence, thejudicial assistance police shall receive such person and deliver him/her to aprison under a decision of the criminal judgment execution management agency ofthe Ministry of Public Security;
b/ The regimeof incarceration management, education and reformation, consideration ofreduction of prison sentences, release and amnesty applicable to deliveredpersons currently serving prison sentences complies with this Law and otherrelevant laws.
2. Executionof decisions to transfer persons currently serving prison sentences in Vietnamto overseas:
a/ Uponreceiving a decision to execute the decision to transfer a person currentlyserving a prison sentence in Vietnam to overseas, the prison shall deliver theinmate to the judicial assistance police. Such delivery shall be recorded in aminutes to be inserted in this person's dossier;
b/ Thejudicial assistance police shall escort the transferred person to the place andat the time as agreed upon in writing by competent authorities of Vietnam andthe transfer-requesting country.
Section 2. REGIMES OE MEAL, CLOTHING, ACCOMMODATION, DAILY LIVINGAND HEALTH CAKE FOR INMATES
Article 42. Regime of meal and accommodation for inmates
1. Inmatesshall be provided with prescribed rations of rice, green vegetable, meat, fish,sugar, salt, fish sauce, food seasonings and fuel. For inmates doing heavy andhazardous jobs as prescribed by law, their food rations shall be increased. Onholidays prescribed by law, inmates will have additional food but not exceedingfive times the standard rations for normal days.
Based onrequirements of ensuring the health of inmates during incarceration, work andlearning at the places of serving their sentences, the Government shallprescribe specific food rations suitable to economic and budget conditions andmarket price fluctuations. Wardens of prisons, wardens of detention camps andheads of criminal judgment execution agencies of district-level police officesmay decide to swap food rations to meet practical needs in order to ensure thatinmates cat up their food rations.
2. Inaddition of food rations prescribed in Clause 1 of this Article, inmates mayuse their presents and money to afford more food but not higher than threetimes the monthly food ration per inmate.
3. Inmatesshall be provided with hygienic food and drink. Cooking for inmates shall bedone by inmates themselves under the supervision and examination of the prisonor detention camp or the criminal judgment execution agency of thedistrict-level police office.
Inmatekitchens shall be equipped with necessary utensils for cooking food, boilingwater and dividing food to inmates according to standard rations.
4. Inmatesshall live in communal prison cells, excluding those who must be separatelyheld under Points d, e and f, Clause 2, Article 27 of this Law. The minimumsleeping area per inmate is 2 square meters (m2). For an inmate having a smallchild to nurse, he/she must have a sleeping area of at least 3 m2.
Article 43. Regime of clothing and personal articles ofinmates
Inmates shallbe provided with uniform clothing, face towels, blankets, mats, mosquito nets,hats and soap. Female inmates shall be additionally provided with necessaryarticles for women hygiene. Working inmates shall be provided with laborprotection outfits and, depending on specific working conditions, additionallabor protection tools as necessary. The Government shall detail this Article.
Article 44. Regime of physical exercise, sports and culturaland art activities of inmates
1. Inmatesmay participate in physical exercise, sports, cultural and art activities, readbooks, listen to radio and watch television suitable to the conditions of theplaces in which they serve their sentences.
Each prisondepartment may have a library, playing and sports grounds and equipped with apublic-address system and each communal prison cell be equipped with a colortelevision set.
2. The timingof physical exercise, sports, cultural and art activities, reading books,listening to radio and watching television complies with prison regulations.
Article 45. Regimes toward female inmates who are pregnant ornursing children under 36 months old
1. Pregnantfemale inmates, unless they are allowed to postpone the serving of prisonsentences, shall be placed in reasonable cells, are entitled to regular orirregular maternity checks and medical care when necessary; they are entitledto a shorter working time and a food and drink regime suitable to their health.
2. Pregnantfemale inmates are entitled to maternity leave before and after delivery underthe Labor Code. During maternity leave, they shall be provided with foodrations as prescribed by assistant doctors or doctors, as well as food and.necessary items for nursing their babies. Female inmates nursing children under36 months old shall be given appropriate time to care for and nurse theirchildren.
3. Prisons,detention camps and criminal judgment execution agencies of district-levelpolice offices shall carry out procedures to request birth registration forinmates' children. Commune-level People's Committees of the places in whichinmates serve their sentences shall register and grant birth certificates tothese children.
4. When theirchildren reach 36 months, female inmates shall send them to their relatives forrearing. If no relatives receive to rear such children, the prisons ordetention camps of the Ministry of Public Security, detention camps of theMinistry of National Defense or the criminal judgment execution agencies ofprovincial-level police departments shall request the provincial-level Departmentof Labor, War Invalids and Social Affairs of the place in which the inmateserves her sentence to designate a social relief center to receive and rear thechild. Within 15 days after receiving such request, the provincial-levelDepartment of Labor, War Invalids and Social Affairs shall designate a socialrelief center to receive and rear the child. After completely serving herprison sentence, the inmate is entitled to receive back her child from thesocial relief center.
5. A prisonshall organize a nursery outside the incarceration sector to care for and rearchildren of inmates who are under 36 months old or children of inmates who are36 months or older pending admission to social relief center.
Article 46. Regime of meetings with relatives and receipt ofpresents
1. Inmatesmay meet their relatives once a month for no more than one hour, or three hoursin special cases. Commended inmates may meet their relatives one more time amonth. Inmates who properly observe prison regulations or record merits maymeet their spouses in a private-room for not more than 24 hours. When arepresentative of an agency or organization or another individual requests tomeet an inmate, the warden of the prison or detention camp or the head of thecriminal judgment execution agency of the district-level police office shallconsider and settle the request.
Prisons,detention camps and criminal judgment execution agencies of district-levelpolice offices shall arrange places for inmates to meet their relatives andrepresentatives of agencies or organizations or other individuals.
2. Whenmeeting their relatives and representatives of agencies or organizations orother individuals, inmates may receive letters, cash and articles, except thoseon the ban list. For cash, inmates shall deposit it with their prison,detention camp or criminal judgment execution agency of the district-levelpolice office for management. The management and use of articles and cash ofinmates comply with Points a and b. Clause 2. Article 26 of this Law.
3. Inmatesmay receive cash and articles from their relatives twice a month, in additionto the receipt prescribed in Clause 2 of this Article. Prisons, detention campsand criminal judgment execution agencies of district-level police offices shallreceive cash and articles sent to inmates from their relatives and open, checkand handle them under law.
4. In orderto meet inmates, relatives of inmates shall bring with them visit books orvisit applications certified by the commune-level People's Committee or policeoffice of the place in which they reside or by the agency or organization atwhich they work or study. Prisons, detention camps and criminal judgmentexecution agencies of district-level police offices shall inform relatives ofinmates of regulations on visits to inmates. Relatives of inmates shall observethese regulations.
5. Proceduresfor visiting foreign inmates:
a/ A relativeof a foreign inmate shall file an application with the criminal judgmentexecution management agency. Such application must be written in Vietnamese andcertified by the diplomatic mission or consular office of the country of whichthe applicant is a citizen or the Vietnam-based representative office of theinternational organization in which the applicant works. If the relative of aforeign inmate is Vietnamese, such application must be certified by thecommune-level People's Committee of the place in which the relative resides;
b/ Within 15days after receiving an application, (he criminal judgment execution managementagency shall issue a reply to the applicant: in special cases, this time limitmay be prolonged to 30 days at most.
6. Consularvisits to and contacts with foreign inmates comply with treaties to which theSocialist Republic of Vietnam is a contracting party.
The Ministryof Public Security shall assume the responsibility for, and coordinate with theMinistry of National Defense and the Ministry of Foreign Affairs in detailingthis Clause.
Article 47. Regime of correspondence of inmates
1. Inmatesmay send 2 letters a month; in case of urgency, they may send a telex. Wardensof prisons or detention camps and heads of criminal judgment execution agenciesof district-level police offices shall examine and censor letters and telegramssent and received by inmates.
2. Inmatesmay have domestic telephone conversations with their relatives once a month fornot more than 5 minutes each. Wardens of prisons or detention camps and headsof criminal judgment execution agencies of district-level police offices shallconsider and decide to allow inmates to have telephone conversations andorganize the control of this form of communication.
3. Inmatesshall pay for their communication prescribed in Clauses 1 and 2 of thisArticle.
Article 48. Regime of medical care for inmates
1. Inmatesare entitled to the disease prevention and tight regime. Prisons, detentioncamps and criminal judgment execution agencies of district-level police officesshall coordinate with district-level health centers or military hospitals ofthe places in which the prisons, detention camps and criminal judgmentexecution agencies of district-level police offices are based to organizemedical checks for inmates.
2. Sick orinjured inmates shall be examined and treated at health stations of theirprisons or detention camps or at district-level medical treatment centers. Aninmate who suffers a serious disease or an injury beyond the treatmentcapability of these establishments shall be transferred to a provincial-levelmedical treatment establishment, a military hospital or a central hospital fortreatment. Prisons, detention camps and criminal judgment execution agencies ofdistrict-level police offices shall notify relatives of inmates or their lawfulrepresentatives for joining in treating and caring for such inmates. Theirfood, medicine and health restoration regimes shall be prescribed by medicaltreatment establishments.
Prisons andcriminal judgment execution agencies of provincial-level police departments ormilitary zones shall coordinate with provincial-level medical treatmentestablishments and military hospitals in building or arranging a number ofseparate rooms in these establishments to treat sick inmates.
3. For aninmate suspected of suffering a mental disease or another disease whichdeprives him/her of perception or act control capacity, his/ her prison,detention camp or the criminal judgment execution agency of theprovincial-level police department shall request the provincial-level court ofthe place or the military court of the military zone in which the inmate serveshis/her sentence to seek mental medical assessment. If the assessment concludessuch inmate suffers a mental disease or another disease which deprives him/herof perception or act control capacity, the president of the provincial-levelcourt of the place or the military court of the military zone in which theinmate serves his/ her sentence shall issue a decision to send him/ her to aspecialized clinic for compulsory medical treatment. The time of compulsorymedical treatment shall be included in the duration of serving the prisonsentence.
4. Adrug-addicted inmate shall be detoxified by his/her prison.
5. Funds formedical examination and treatment, drug detoxification and building andarrangement of separate medical treatment rooms for inmates in medicaltreatment establishments shall be paid by the State.
Article 49. Handling of cases of deceased inmates
1. When aninmate dies in the prison, detention camp or criminal judgment execution agencyof the district-level police office or a state-owned medical treatmentestablishment, such agency or establishment shall promptly notify the case tothe district-level investigation agency and people's procuracy of the place orthe military investigation agency and procuracy of the military zone in whichthe inmate dies for identifying the cause of his/her death. The prison,detention camp or criminal judgment execution agency of the district-levelpolice office shall carry out death declaration procedures and notify therelatives or lawful representative of the deceased inmate before carrying outthe funeral. For an inmate who dies in a medical treatment establishment, suchestablishment shall make a death certificate and send it to the prison,detention camp or criminal judgment execution agency of the district-levelpolice office.
When aforeign inmate dies, the warden of his/her prison shall promptly notify such tothe provincial-level investigation agency and people's procuracy of the placeor the military investigation agency and procuracy of the military zone inwhich the inmate dies for identifying the cause of his/her death, andconcurrently to the criminal judgment execution management agency and theVietnamese Ministry of Foreign Affairs for notification to the representativemission of the country of which the deceased is a citizen. After obtainingpermission of a competent agency, the prison shall organize a funeral for theforeign inmate.
2. Within 24hours after notifying a relative or lawful representative of the deceasedinmate and obtaining permission of a competent agency. the prison, detentioncamp or criminal judgment execution agency of the district-level police officeshall organize the cremation or burial in the ground, depending on geographicalconditions and local customs and practices, and notify it to the court whichhas issued the judgment execution decision. Within 3 working days afterreceiving the notice, the court which has issued the judgment executiondecision shall issue a decision to terminate the termination of the serving ofprison sentence and send it to a relative of the deceased and the prison,detention camp or criminal judgment execution agency of the district-levelpolice office in which the inmate died, the provincial-level Justice Departmentof the place in which the court which has issued the termination decision isbased. The commune-level People's Committee of the place in which the inmatedied shall coordinate with the prison, detention camp or criminal judgmentexecution agency of the district-level police office in burying the deceasedand managing his/her grave. Burial expenses shall be covered by the Slate.
3. In casethe relative or lawful representative of the deceased inmate makes a petitionfor receiving the corpse, bone ash or remains of the deceased and bear allrelated costs, the prison, detention camp or criminal judgment execution agencyof the district-level police office may consider and accept such petition,unless there is a ground to believe that such would affect security, order andenvironmental sanitation. The receipt of the remains shall be considered anddecided after three years from the date of burial. For a foreign inmate, thereceipt of his/her corpse, bone ash or remains shall be considered and decidedby the criminal judgment execution management agency.
4. If aninmate who dies in prison already paid compulsory social insurance premiums orenjoyed retirement pension, the survivorship regime shall be settled under theLaw on Social Insurance.
Section 3. PROVISIONS APPLICABLE TO MINOR INMATES
Article 50. Scope of application
Minor inmatesshall serve their sentences under this Section and other provisions notcontrary to those of this Section; when reaching 18 years, they shall be putunder the incarceration management and education regime applicable to adultinmates.
Article 51. Regime of management, education, literacylearning, job training and work
1. Minorinmates shall be incarcerated under a separate regime suitable to their health,gender and personal characteristics.
2. Prisonsshall teach minor inmates in literacy skills, law and jobs suitable to (heirage. educational level, sender and health in order to prepare their communityintegration after they finish their prison sentences. It is compulsory forminor inmates to finish primary education and lower secondary education andlearn jobs.
3. Minorinmates shall work in separate areas and do jobs suitable to their age; shallnot do heavy or dangerous jobs or work in contact with hazardous substances.
Article 52. Regime of food, clothing and cultural, art andrecreation activities
1. Minorinmates shall be provided with standard food rations like adult inmates andadditional meat and fish not exceeding 20% of standard rations.
2. Inaddition to clothing and personal articles like adult inmates, each minorinmate shall be provided with extra uniform clothing and other-personalarticles under prison regulations.
3. The timeand forms of organization of physical exercise, sports, cultural and art activities,listening to radio, reading books and newspapers, watching television and otherplaying and recreation activities must be suitable to characteristics ofminors.
Article 53. Regime of meeting and correspondence withrelatives
Minor inmatesmay meet their relatives three times at most a month, each lasting for not morethan three hours, or 24 hours in special cases. They may contact via telephonetheir relatives four times at most a month, each lasting for not more than 10minutes, under the supervision of prison officers, and pay for these telephonecalls.
The Stateencourages relatives of minor inmates to pay attention to, visit, sendeducational books, notebooks and learning equipment and physical exercise,sports, playing and recreation equipment for these inmates.
Chapter IV
EXECUTION OF THE DEATHSENTENCE
Article 54. Decision to execute the death sentence
1. Thepresident of the court which has conducted the first-instance trial shall issuea decision to execute the death sentence. Such decision must clearly indicatethe date of issuance, full name and position of the issuer; the judgment ordecision to be executed; the full name, date of birth and place of residence ofthe sentenced person.
2. Within 3working days after issuing a decision lo execute the sentence, the court shallsend it lo the following agencies:
a/ Thesame-level procuracy and criminal judgment execution agency;
b/ Thedetention camp in which the sentenced person is held:
c/ Theprovincial-level Justice Department of the place in which the issuing court isbased.
Article 55. Decision to form a death sentence executioncouncil
1.Immediately after issuing a decision to execute the death sentence, thepresident of the issuing court shall send a written request to the chairman ofthe same-level procuracy and the head of the criminal judgment execution agencyof the provincial-level police department or military zone to appointrepresentatives to the death sentence execution council.
2. Within 7days after issuing the execution decision, the president of the issuing courtshall issue a decision to form a death sentence execution council chaired bythe president or vice president of the court. A decision to form a deathsentence execution council must clearly indicate the date of issuance, fullname and position of the issuer: ground for issuing the decision; and fullnames and positions of council members.
Article 56. Tasks and powers of a death sentence executioncouncil
1. A deathsentence execution council has the following tasks and powers:
a/ To decidethe plan and prepare conditions to ensure the execution;
b/ To examineconditions on the person to be executed as required by the Penal Code and theCriminal Procedure Code; to issue a decision to postpone the execution andreport it to the president of the court having issued the execution decision,if the sentenced person is ineligible for execution;
c/ To requestrelated agencies and organizations to provide information and documentsnecessary for the execution; to request the people's armed forces unit,agencies and organizations to assist in assuring safety for the execution whennecessary;
d/ Toadminister the execution according to plan:
e/ To notifythe execution result to the criminal judgment execution management agency;
f/ Todissolve after fulfilling its tasks.
2. Thechairman of the death sentence execution council shall hold a meeting toannounce decisions related to the execution, decide on the lime of execution:contents to be kept secret: conditions to ensure the implementation of theexecution plan: and the burial location in case receipt of the corpse isdisallowed or there is no petition for receipt of the corpse. The meeting must berecorded in a minutes to be included in the death sentence execution dossier.
Deathsentence execution dossiers shall be managed by criminal judgment executionagencies of provincial-level police departments or military zones.
Article 57. Regime of incarceration management, food, living,clothing, daily activities, sending and receipt of letters, articles and cash,meeting with relatives, and medical care
The regime ofincarceration management, food, living, clothing, daily activities, sending andreceipt of letters, articles and cash, meeting with relatives, and medical carecomplies with the law on temporary detention.
Article 58. Postponement of execution of the death sentence
1. A deathsentence execution council may decide to postpone execution of the deathsentence in the following cases:
a/ Thesentenced person falls into a case specified in Article 35 of the Penal Code;
b/ There is aforce, majeure circumstance;
c/Immediately before the execution, the sentenced person reports newcircumstances of the crime.
2. Whendeciding to postpone execution of the death sentence, the council must make aminutes clearly indicating the hour, date and place of execution; full namesand positions of the council members; and reason for the postponement. Theminutes must be signed by all council members and inserted in the deathsentence execution dossier and reported to the president of the court which hasissued the execution decision, the chairman of the provincial-level or militaryzone-level procuracy and the provincial-level or military zone-level criminaljudgment execution agency.
3. Judicialassistance police or judicial security guards shall escort and deliver theperson whose execution is postponed to the detention camp for continuedincarceration. The delivery and receipt of the person whose execution ispostponed shall be recorded in a minutes.
4. Cases ofpostponed execution under Point a, Clause 1 of this Article comply with theprovisions of the Criminal Procedure Code.
For cases ofpostponed execution under Points b and cs Clause 1 of this Article, when thereason for postponement no longer exists, the president of the court which hasissued the execution decision shall request the death sentence executioncouncil to proceed with the execution. In case of change of a council member,the president of the court which has issued the execution decision shall decideon the addition of the council member or form a death sentence executioncouncil under Article 55 of this Law.
Article 59. Form and sequence of execution of the deathsentence
1. The deathsentence shall be executed by lethal injection. The process of lethal injectionshall be stipulated by the Government.
2. Prior toexecution, the death sentence execution council shall examine the personalidentification statement, fingerprint sheet and personal history records of theperson to be executed: in case the person to be executed is a female, thecouncil shall examine all documents related to conditions for non-execution asprescribed by the Penal Code.
3. Prior tobeing taken out for execution, the sentenced person shall be given food anddrink, write letters and have his/her messages recorded for sending to his/herrelatives.
4. The deathsentence shall be executed in the following order:
a/ Pursuantto the death sentence execution decision and request of the death sentenceexecution council, the judicial assistance police or judicial security guardsshall escort the person to be executed to the working place of the deathsentence execution council:
b/ At therequest of the death sentence execution council, a professional officer of thepeople's police or army shall press the fingerprints, check the personalidentification statement and fingerprint sheet and compare them with relateddossiers and documents; take photo and video-record the process of carrying outthe procedures of taking the fingerprints, checking and making a minutes; andreport checking results to the death sentence execution council;
c/ Thechairman of the death sentence execution council shall announce the deathsentence execution decision, the non-protest decision of the President of theSupreme People's Court and the non-protest decision of the Chairman of theSupreme People's Procuracy, the decision of the Judges* Council of the SupremePeople's Court rejecting the protest of the President of the People's SupremeCourt or the Chairman of the Supreme People's Procuracy, the decision of theState President rejecting the petition for death sentence commutation.
Immediatelyafter the chairman of the death sentence execution council announces thedecisions, the judicial assistance police or judicial security guards shallhand over these decisions to the person to be executed for reading. If suchperson does not know Vietnamese or cannot read these decisions, the deathsentence execution council shall appoint a person to read or translate thesedecisions to such person. The process of announcing and reading the decisionsshall be photographed, video and audio recorded for filing;
d/ By theorder of the chairman of the death sentence execution council, professionalofficers of the provincial-level or military zone-level criminal judgmentexecution agency shall execute the sentence and report the result to thecouncil chairman;
e/ By theorder of the chairman of the death sentence execution council, a forensicmedicine doctor shall determine the conditions of the executed person andreport the result to the council;
f/ The deathsentence execution council shall make a minutes of the execution; report on theprocess and result of the execution to the Supreme People's Court, the SupremePeople's Procuracy, the criminal judgment management agency, theprovincial-level or military zone-level criminal judgment execution agency forcarrying out death declaration procedures at the commune-level People'sCommittee of the place in which the execution is carried out:
g/ Thecriminal judgment execution agency of the provincial-level police department ormilitary zone shall preserve the corpse of the executed person, organize burialand draw a map of the grave. The commune-level People's Committee of the placein which the execution was carried out shall coordinate with the criminaljudgment execution agency of the provincial-level police department or militaryzone in the burial and management of the grave of the executed person;
h/ Within 3days after the execution is carried out, the criminal judgment execution agencyof the provincial-level police department or military zone shall inform it torelatives of the executed person, except for the case specified in Clause 1,Article 60 of this Law.
5. Expensesfor organizing execution of the death sentence shall be covered by the statebudget.
Article 60. Settlement of requests for receipt of corpses andremains of executed persons
1. Thesettlement of the receipt of the corpse is as follows:
a/ Prior tothe execution, a relative or lawful representative of the sentenced personshall make a petition and have it certified by the commune-level People'sCommittee of the place of his/her residence then send it to the president ofthe court which has conducted the first-in stance trial for settling thereceipt of the corpse of the person to be executed for burial; if the sentencedperson is a foreigner, such petition must be certified by a competent agency ora Vietnam-based representative mission of the country of which the sentencedperson is a citizen, and be translated into Vietnamese. Such petition mustclearly indicate the full name and address of the person to receive the corpse;his/her relationship with the sentenced person and commitments to ensuresecurity, order and environmental sanitation requirements and to pay allarising expenses;
b/ Thepresident of the court which has conducted the first-instance trial shallnotify in writing the petitioner of the permission to receive the corpse or therejection if there is a ground to believe that receipt of the corpse wouldaffect security, order and environmental sanitation. If the sentenced person isa foreigner, the president of the court which has conducted the first-instancetrial shall notify its decision to the Vietnamese Ministry of Foreign Affairsfor notification to a competent agency or a Vietnam-based representative missionof the country of which the sentenced person is a citizen;
c/Immediately after the execution is carried out, the criminal judgment executionagency of the provincial-level police department or military zone shall notifyit to the petitioner to come to receive the corpse for burial. The delivery andreceipt of the corpse shall be carried out within 24 hours after thenotification and recorded in a minutes signed by the delivering and receivingpersons; past this time limit, if the petitioner fails to receive the corpse,the criminal judgment execution agency of the provincial-level policedepartment or military zone shall bury it.
2. In casethe receipt of the corpse is rejected or relatives of the executed person makeno petition for receipt of the corpse for burial, the criminal judgmentexecution agency of the provincial-level police department or military zoneshall organize the burial. Past 3 years after the date of execution, relativesor lawful representative of the executed person may make a petition and have itcertified by the commune-level People's Committee of the place of his/herresidence then send it to the criminal judgment execution agency of theprovincial-level police department of the place or the criminal judgmentexecution agency of the military zone in which the execution was carried outfor permission to receive the remains. Such petition must clearly indicate thefull name and address of the person to receive the remains, relationship withthe executed person: and commitments to meet security, order and environmentalsanitation requirements and to pay all arising expenses. Within 7 days afterreceiving the petition the criminal judgment execution agency of theprovincial-level police department or military zone shall consider and settleit.
If theexecuted person is a foreigner, the petition must be certified by a competentagency or a Vietnam-based representative mission of the country of which thesentenced person is a citizen, and be translated into Vietnamese. Such petitionshall be considered and decided by the criminal judgment management agency.
Chapter V
EXECUTION OF SUSPENDEDSENTENCE, CAUTION PENALTY AND NON-CUSTODIAL REFORM SENTENCE
Section 1. EXECUTION OF SUSPENDED SENTENCE
Article 61. Decision to execute a suspended sentence
1. A decisionto execute a sentence must clearly indicate the full name of the issuer; thejudgment or decision to be executed; name of the agency responsible for theexecution; full name, date of birth and place of residence of the personsubject to the suspended sentence; the imprisonment sentence and probation termto be served by such person; additional penalty (ies); the commune-levelPeople's Committee or army unit assigned to supervise and educate such person.
2. Within 3working days after issuing the judgment execution decision, the court shallsend it to the following individuals and agencies:
a/ The personsubject to the suspended sentence;
b/ Thesame-level procuracy;
c/ Thecriminal judgment execution agency of the district-level police office of theplace in which the person concerned resides or the criminal judgment executionagency of the military zone in which such person works;
d/ Theprovincial-level Justice Department of the place in which the issuing court isbased.
Article 62. Execution of decisions to execute suspendedsentences
1. Within 3working days after receiving the judgment execution decision, the criminaljudgment execution agency of the district-level police office or military zoneshall summon the person subject to the suspended sentence or a lawfulrepresentative of the minor subject to the suspended sentence to the headoffice of the criminal judgment execution agency to determine the time by whichsuch person must be present at the commune-level People's Committee of the placein which such person resides or the army unit for which such person works, andhe/she shall commit to serve the sentence, and to compile a judgment executiondossier. Such dossier comprises:
a/ Thelegally effective judgment;
b/ Thedecision to execute the suspended sentence;
c/ Commitmentof the person subject to the suspended sentence. If such person is between full14 years and under 16 years old, his/her commitment must be certified byhis/her lawful representative;
d/ Otherdocuments related to the judgment execution.
2. Within 7days after summoning the person subject to the suspended sentence or a lawfulrepresentative of such person, the criminal judgment execution agency of thedistrict-level police office or military zone shall deliver the judgmentexecution dossier to the commune-level People's Committee or army unit assignedto supervise and educate such person.
3. Three daysbefore the expiration of the probation term, the commune-level People'sCommittee or army unit assigned to supervise and educate the person subject tothe suspended sentence shall hand the judgment execution dossier to thecriminal judgment execution agency of the district-level police office ormilitary zone for consideration and grant of a certificate of complete serving ofthe probation term. This certificate shall be sent to the person subject to thesuspended sentence, the commune-level People's Committee or army unit assignedto supervise and educate such person, the court which has issued the judgmentexecution decision and the provincial-level Justice Department of the place inwhich such court is based.
Article 63. Tasks of commune-level People's Committees, armyunits assigned to supervise and educate persons subject to suspended sentence
1. Thecommune-level People's Committee assigned to supervise and educate a personsubject to the suspended sentence has the following tasks and powers:
a/ To receivethe dossier and organize supervision and education of such person;
b/ To assigna person to directly supervise and educate such person;
c/ To requestsuch person to fulfill all of his/ her obligations; and to take measures toeducate such person and prevent him/her from committing illegal acts;
d/ To praisesuch person for marked improvement or a great merit;
e/ To allowor disallow such person to leave the place of residence under this Law and theresidence law:
f/ Tocollaborate with the family of such person and the agency or organization atwhich he/she works or studies in supervising and educating him/her;
g/ To compilea dossier of request for consideration of the reduction of the probation termand send it to an agency to make such request as defined in Clause 1, Article66 of this Law;
h/ To givewritten remarks and file them in the book of monitoring the serving of sentenceof such person when he/she moves to another locality;
i/ To makestatistics and report to a competent criminal judgment execution agency onresults of judgment execution:
j/ Tosanction according to its competence or request competent agencies to sanctionunder law administrative violations committed by such person;
k/ To settlecomplaints and denunciations related to the execution of the suspended sentenceunder this Law.
2. Thecommune-level police office chief shall advise and assist the commune-levelPeople's Committee in performing the tasks defined in Clause 1 of this Article.
3. The armyunit assigned to supervise and education a sentenced person has the tasks andpowers specified at Points a. b. c. d. e, f. g. h and i, Clause 1 of thisArticle.
Article 64. Obligations of a person subject to suspendedsentence
1. Tostrictly observe his/her commitment on abidance by law. fulfill all civilobligations, regulations of the place of residence or workplace; to activelywork or learn; to serve all additional penalties and fulfill the compensationobligation.
2. To bepresent at the request of the commune-level People's Committee assigned tosupervise and educate him/her.
3. To declarehis/her temporary absence when leaving the place of residence for one or moredays.
4. Everyquarter, during the probation term, to submit a self-remark report on his/herobservance of law to the person in charge of supervising and educating him/her;if going away from the place of residence for three to six months, to getremarks of the commune-level police office of the place in which he/she comesto stay and submit them to the commune-level People's Committee assigned tosupervise and educate him/her.
Article 65. Work and learning of persons subject to suspendedsentence
1. A personsubject to a suspended sentence who is a cadre, civil servant, public employee,military officer, professional serviceman, non­commissioned officer, soldier,defense worker, police worker or another employee, if allowed to continueworking at an agency or organization, shall be given a job which meetssupervision and education requirements, receive a pay and other benefitssuitable to the job he/she performs, and this working duration shall beincluded in his/ her working or service time under law.
2. During theprobation term, a person subject to a suspended sentence falling outside thecases specified in Clause 1 of this Article shall be assisted by thecommune-level People's Committee in finding a job.
3. A personsubject to a suspended sentence, if admitted by a general education orvocational education institution, is entitled to all benefits under regulationsof such institution.
4. A personsubject to a suspended sentence who is eligible for preferences under the lawon preferential treatment toward persons with meritorious services to therevolution or for social insurance benefits is still entitled to such benefitsand. policies under law.
Article 66. Procedures for reduction of the probation term
1. When aperson subject to a suspended sentence meets all conditions for reduction ofthe probation term under the Penal Code, the criminal judgment execution agencyof the district-level police office or military zone shall compile a dossierand request the district-level people's court of the place in which such personresides or the military court of the region in which such person works, forconsideration and decision. A dossier of request comprises:
a/ A copy ofthe judgment. In case of consideration of the second-time reduction of theprobation term, a copy of the suspended sentence execution decision is requiredinstead:
b/ A writtenrequest for reduction of the probation term, made by the commune-level People'sCommittee or army unit assigned to supervise and educate the person subject tothe suspended sentence;
c/ Thecommendation decision or certificate of merit issued by a competent agency, forthose who have received commendation or made a great merit;
d/ A copy ofthe decision to reduce the probation term, for those whose probation term wasalready reduced.
2. Within 15days after receiving a dossier of request for reduction of the probation term,a competent court shall hold a meeting to consider the request and notify inwriting such meeting to the same-level procuracy, which shall appoint aprocurator to attend. If the dossier needs to be supplemented at the request ofthe court, the time limit for holding such meeting shall be counted from thedate of receipt of the supplemented dossier.
3. Within 3working days after issuing a decision to reduce the probation term, the courtshall send it to the person concerned, the requesting agency, the same-levelprocuracy, the immediate superior procuracy, the court which has issued thesuspended prison sentence and the provincial-level Justice Department of theplace in which such court is based.
Article 67. Criticism of persons subject to suspendedsentence
During theprobation term, if the person subject to a suspended sentence keeps breachinghis/her obligations specified in Article 64 of this Law though he/she has beenadmonished twice or more and such breaches are not serious enough for penalliability, the commune-level People's Committee assigned to supervise andeducate such person shall collaborate with his/her agency, organization andgrassroots Vietnam Fatherland Front Committee in holding a meeting of thecommunity population in the place in which such person resides or works tocriticize him/her; if such person is working in an army unit, such criticismmeeting shall be held at his/her army unit,
Criticismshall be recorded in a minutes to be included in the suspended sentenceexecution dossier, and reported to the criminal judgment execution agency ofthe district-level police office or military zone.
Article 68. Supplementation of suspended sentence executiondossiers
1. Thecommune-level People's Committee or army unit assigned to supervise and educatea person subject to a suspended sentence shall add to the execution judgmentdossier the following documents:
a/ Itsdecision to assign a person(s) to directly supervise and educate such person:
b/ Writtenremarks of the person directly supervising and educating such person on thelatter's observance of obligations;
c/ Writtenself-remarks of such person on his/ her performance of the law abidanceobligation; if such person faced criticism under Article 67 of this Law, aself-criticism paper and the minutes of the criticism meeting are required;
d/ In casethe probation term was reduced, a court decision is required;
e/ Otherrelevant documents.
2. Thecommune-level People's Committee or army unit assigned to supervise and educatea person subject to suspended sentence shall deliver the suspended sentenceexecution dossier to the criminal judgment execution agency of thedistrict-level police office or military zone under Clause 3, Article 62 ofthis Law. The delivery and receipt of such dossier shall be recorded in aminutes to be included in the dossier.
Article 69. Settlement of cases in which persons subject tosuspended sentence change places of residence or workplaces
1. If aperson subject to a suspended sentence changes his/her place of residencewithin a district, town or provincial city, the commune-level People'sCommittee shall notify the criminal judgment execution agency of thedistrict-level police office to deliver his/her suspended sentence executiondossier to the commune-level People's Committee of the place in which suchperson comes to reside, for supervision and education.
If a personsubject to a suspended sentence changes his/her place of residence to anotherdistrict, town or provincial city, the criminal judgment execution agency ofthe district-level police office shall deliver his/her suspended sentenceexecution dossier to the criminal judgment execution agency of thedistrict-level police office of the place in which such person comes to reside,for judgment execution under Article 62 of this Law, and notify in writing thesame-level people's court and procuracy thereof.
2. Should aperson subject to a suspended sentence change his/her workplace within amilitary zone, the army unit shall notify the criminal judgment executionagency of the military zone to deliver his/her criminal judgment dossier to thearmy unit in which he/she comes to work, for supervision and education.
Should aperson subject to a suspended sentence change his/her place of residence toanother military zone, the criminal judgment execution agency of the militaryzone shall deliver his/her judgment execution dossier to the same-levelcriminal judgment execution agency of the place in which he/she comes to work,for judgment execution under Article 62 of this Law, and notify in writing theregional military court and military procuracy thereof.
Should aperson subject to a suspended sentence no longer work in the army, the criminaljudgment execution agency of the military zone shall deliver his/her judgmentexecution dossier to the criminal judgment execution agency of the district-levelpolice office of the place in which he/she resides, for judgment executionunder Article 62 of this Law.
Article 70. Responsibilities of families of persons subjectto suspended sentence
1. Familiesof persons subject to suspended sentence shall collaborate with commune-levelPeople's Committees and assigned persons in supervising and educating thesepersons: and notify the results of serving of the sentences by these persons tothe assigned commune-level People's Committees upon request.
2. To paycompensations and fulfill other civil obligations for damage caused by minorpersons subjected to suspended sentence under court judgments or decisions.
3. To bepresent at criticism meetings on the persons subject to suspended sentence atthe request of commune-level People's Committees assigned to supervise andeducate these persons.
Section 2. EXECUTION OF CAUTION PENALTY
Article 71. Execution of the caution penalty
1. Thecaution penalty shall be immediately executed at the hearing as pronounced bythe court.
2. Within 7days after the judgment becomes legally effective, the court which hasconducted the first-instance trial shall send the judgment to the personsubject to the caution penalty, the criminal judgment execution agency of thedistrict-level police office or military zone, the commune-level People'sCommittee of the place or the army unit in which he/she resides or works, andthe provincial-level Justice Department of the place in which the court isbased.
3. Criminaljudgment execution agencies of district-level police offices or military zonesshall conduct supervision and make statistics and reports under this Law.
Section 3. EXECUTION OF NON­CUSTODIAL REFORM SENTENCE
Article 72. Non-custodial reform sentence execution decisions
1. A judgmentexecution decision must clearly indicate the full name of the issuer; thejudgment to be executed; the full name, date of birth and place of residence ofthe sentenced person; the non-custodial reform sentence term; additionalpenalty(ies); the name of the agency in charge of execution; the commune-levelPeople's Committee or army unit assigned to supervise and educate the sentencedperson.
2. Within 3working days after issuing a judgment execution decision, the court shall sendthe decision to the following individual and agencies:
a/ Thesentenced person;
b/ Thesame-level procuracy;
c/ Thecriminal judgment execution agency of the district-level police office of theplace in which the sentenced person resides or the criminal judgment executionagency of the military zone in which such person works;
d/ Theprovincial-level Justice Department of the place in which the issuing court isbased.
Article 73. Procedures for execution of non-custodial reformsentence execution decisions
1. Within 3working days after receiving a judgment execution decision, the criminaljudgment execution agency of the district-level police office or military zoneshall summon the sentenced person to its head office for determining the timefor the latter to be present at the commune-level People's Committee or armyunit assigned to supervise and educate him/ her and to commit to serve thesentence, and for compiling a judgment execution dossier. Such a dossiercomprises:
a/ Thelegally effective judgment;
b/ Thejudgment execution decision;
c/ Thecommitment of the sentenced person;
d/ Otherdocuments related to the judgment execution.
2. Within 7days after summoning the sentenced person, the criminal judgment executionagency of the district-level police office or military zone shall deliverhis/her dossier to the commune-level People's Committee or army unit assignedto supervise and educate him/her.
3. Three daysbefore the expiration of the sentence term, the commune-level People'sCommittee or army unit assigned to supervise and educate the sentenced personshall deliver the judgment execution dossier to the criminal judgment executionagency of the district-level police office or military zone for the latter togrant a certificate of complete serving of the non-custodial reform sentenceupon the expiration of the sentence term. This certificate shall be sent to thesentenced person, the commune-level People's Committee or army unit assigned tosupervise and educate him/her, the court which has issued the judgmentexecution decision and the provincial-level Justice Department of the place inwhich the issuing court is based.
Article 74. Tasks of commune-level People's Committees orarmy units assigned to supervise and educate sentenced persons
1. The commune-levelPeople's Committee assigned to supervise and educate a sentenced person has thefollowing tasks and powers:
a/ To receivehis/her dossier and organize the supervision and education of the sentencedperson;
b/ To assigna person to directly supervise and educate the sentenced person;
c/ To requestthe sentenced person to fulfill his/her obligations; to take educational andpreventive measures when he/she shows signs of law violation;
d/ To commendthe sentenced person for his/ her improvements or merits;
e/ To permitthe sentenced person to be absent from his/her place of residence under thisLaw and the law on residence;
f/ Tocoordinate with a civil judgment execution agency in deducting part of thesentenced person's incomes under a court decision for remittance into the statebudget;
g/ Tocollaborate with the family of the sentenced person or agency or organizationin which he/she works or learns in supervising and educating him/her;
h/ To compileand send a dossier of request for reduction of the sentence term or exemptionfrom serving the sentence to a competent agency specified in Clause 1, Article77 of this Law;
i/To give awritten assessment on the process of the serving of the sentence by thesentenced person and include it in the monitoring book when he/she moves toanother place;
j/ To makestatistics and send reports to a competent criminal judgment execution agencyon judgment execution results;
k/ Tosanction according to its competence or propose a competent agency to sanctionunder law administrative violations committed by the sentenced person;
l/ To settlecomplaints or denunciations about judgment execution under this Law.
2. Thecommune-level police chief shall advise and assist the commune-level People'sCommittee in organizing the performance of the tasks specified in Clause 1 ofthis Article.
3. The armyunit assigned to supervise and educate the sentenced person has the tasks andpowers specified at Points a, b. c, d, e, f, g, h, i and j, Clause 1 of thisArticle.
Article 75. Obligations of a sentenced person
1. Toseriously realize his/her commitments on law observance, fulfillment of allcivil obligations, compliance with internal rules and regulations of his/herplace of residence or workplace; to actively work and learn; to serve alladditional penalties and fulfill the obligations to pay damages and to remitthe deducted part of his/her incomes under a court ruling.
2. To show uphim/herself at the request of the commune-level People' Committee which isassigned lo supervise and educate him/her.
3. To declarehis/her temporary absence when leaving his/her place of residence for one ormore days.
4. To submitonce every 3 months a written self-assessment of the serving of his/hersentence to the person directly supervising and educating him/her in lawobservance. In case of absence from his/her place of residence for between 3and 6 months, to get a written assessment of the commune-level police office ofthe place in which he/she stayed and submit it to the commune-level People'sCommittee assigned to supervise and educate him/her.
Article 76. Work and learning of sentenced persons
1. Asentenced person who is a cadre, civil servant, public employee, militaryofficer or professional serviceman, non-commissioned officer, soldier, defenseworker, public security worker or laborer, if allowed to continue working in anagency or organization, shall be assigned to a job which meets supervision andeducation requirements and objectives and is entitled to salary and otherbenefits suitable to his/her job and have the period of performing this jobincluded in his/her working or service time under law.
2. Asentenced person who is admitted by a general or vocational educationinstitution is entitled to benefits under regulations of such institution.
3. Asentenced person who does not fall into the cases specified in Clauses 1 and 2of this Article shall be assisted by the commune-level People's Committee ofthe place in which he/ she serves his/her sentence in seeking employment.
4. Asentenced persons who is eligible under law for preferential treatmentapplicable to people with meritorious services to the revolution or socialinsurance benefits may continue enjoying such benefits and preferentialpolicies provided for by law.
Article 77. Procedures for reduction of sentence term
1. When asentenced person satisfies all conditions for reduction of a sentence term asspecified in the Penal Code, the criminal judgment execution agency of thedistrict-level police office or military zone shall compile a dossier torequest the district-level people's court or the regional military court of theplace in which the sentenced person resides or works to consider and decide onthe reduction. Such a dossier comprises:
a/ A copy ofthe legally effective judgment. In case of consideration for sentence termreduction for the second time on, a copy of the judgment execution decision isrequired instead;
b/ Thewritten request for sentence term reduction made by the commune-level People'sCommittee or army unit assigned to supervise and educate the sentenced person;
c/ Acommendation decision or certificate of merit issued by a competent agency tothe sentenced person in case he/she has been commended or recorded a merit;
d/ Thewritten conclusion of a provincial-, military zone- or higher-level hospital onthe illness of the sentenced person in case he/she suffers a dangerous disease:
e/ A copy ofthe sentence term reduction decision in case the sentenced person has alreadybeen granted a reduction.
2. Within 15days after receiving a sentence term reduction request dossier, a competentcourt shall hold a meeting to consider the sentence term reduction and notifyin writing such meeting to the same-level procuracy, which shall send aprocurator to attend the meeting. In case the dossier needs to be supplementedat the request of the court, the time limit for holding a meeting shall becounted from the date of receipt of the supplemented dossier.
3. Within 3working days after issuing a sentence term reduction decision, the court shailsend this decision to the sentenced person, the sentence termreduction-requesting agency, the same-level procuracy, the immediate superiorprocuracy, the court which has issued the judgment execution decision and theprovincial-level Justice Department of the place in which such court is based.
Article 78. Procedures for exemption from serving sentences
1. Thedistrict-level people's procuracy or regional military procuracy of the placein which a sentenced person resides or works shall consider and. at its owninitiative or the request of the criminal judgment execution agency of thedistrict-level police office or military zone, compile a dossier to request thecourt at the same level to consider exemption from serving the sentence. Such adossier comprises:
a/ A copy ofthe legally effective judgment;
b/ Thewritten request of the procuracy;
c/ Thewritten request of the criminal judgment execution agency in case this agencymakes the request;
d/ A petitionof the sentenced person or his/ her lawful representative for exemption fromserving the sentence;
e/ A writtencertification of a competent agency that the sentenced person has recorded agreat merit or conclusion of a provincial-, military zone- or higher level hospitalon the illness of the sentenced person in case he/she suffers a dangerousdisease.
2. Within 15days after receiving a dossier specified in Clause 1 of this Article, thecompetent court shall hold a meeting to consider the exemption and notify in writingsuch meeting to the same-level procuracy, which shall send a procurator toattend the meeting. In case the dossier needs to be supplemented at the requestof the court, the time limit for holding a meeting shall be counted from thedate of receipt of the supplemented dossier.
3. Within 3working days after issuing a decision on the exemption, the court shall sendthe decision to the person enjoying the exemption, the same-level procuracy,the immediate superior procuracy, the court which has issued the judgmentexecution decision, the criminal judgment execution agency at the same level,the communc-lcvel People's Committee or army unit assigned to supervise andeducate the sentenced person and the provincial-level Justice Department of theplace in which the issuing court is based.
Article 79. Criticisms of sentenced persons
In case asentenced person had breached his/ her judgment execution obligation specifiedin Article 75 of this Law and has been admonished twice or more but stillre-commits the breach, the commune-level People's Committee assigned tosupervise and educate him/her shall coordinate with the managing agency ororganization and the grassroots Vietnam Fatherland Front chapter in holding ameeting in the community of the place in which the sentenced person resides formaking criticisms against such person. In case the sentenced person works at anarmy unit, the criticism shall be made in such army unit.
Criticismsmust be recorded in a minutes to be included in the judgment execution dossierand reported to the criminal judgment execution agency of the district-levelpolice office or military zone.
Article 80. Supplementation of judgment execution dossiers
1. Thecommune-level People's Committee or army unit assigned to supervise and educatea sentenced person shall add to his/her judgment execution dossier thefollowing documents:
a/ A decisionof the commune-level People's Committee or army unit to assign a person todirectly supervise and educate the sentenced person;
b/ A writtenassessment of the sentenced person's performance of his/her obligation, made bythe person assigned to supervise and educate the sentenced person;
c/ A writtenself-assessment of the sentenced person's performance of his/her judgmentexecution obligation. In case of criticisms made under Article 79 of this Law,there must be a written self-criticism and a minutes of the criticism meeting;
d/ A courtdecision in case the sentence term has already been reduced;
e/ Otherrelated documents.
2. Thecommune-level People's Committee or army unit assigned to supervise and educatethe sentenced person shall deliver the judgment execution dossier to thecriminal judgment execution agency of the district-level police office ormilitary zone defined in Clause 3, Article 73 of this Law. The handover andreceipt of the dossier shall be recorded in a minutes to be included in thejudgment execution dossier.
Article 81. Responsibilities of families of sentenced persons
1. Tocoordinate with commune-level People's Committees and persons assigned tosupervise and educate sentenced persons in supervising and educating thesepersons, and notify results of serving of the sentences by such persons to thecommune-level People's Committees upon request.
2. To paycompensations for damage caused by and fulfill other civil obligations ofsentenced persons being minors under court, judgments or decisions.
3. To attendmeetings to criticize sentenced persons at the request of commune-levelPeople's Committees assigned to supervise and educate such persons.
Chapter VI
EXECUTION OF RESIDENCEBAN OR PROBATION SENTENCE
Section I. EXECUTION OF RESIDENCE BAN SENTENCE
Article 82. Procedures for execution of residence bansentence
1. Two monthsbefore the expiration of the term of the prison sentence against an inmatesubject to the additional penalty of residence ban, the warden of the prison ordetention camp or the head of the criminal judgment execution agency of thedistrict-level police office shall notify such in writing the criminal judgmentexecution agency of the district-level police office of the place to which suchperson will come to reside and of the place in which he/she is banned fromresiding and the commune-level People's Committees of the place in which suchperson will come to reside and of the place in which he/she is banned fromresiding.
2.Immediately after an inmate subject to the additional penalty of residence bancompletely serves his/her prison sentence, the prison or detention camp or thecriminal judgment execution agency of the district-level police office of theplace in which he/she has served the sentence shall send a certificate ofcomplete serving of the prison sentence or a copy of the judgment and a copy ofthe judgment execution decision to the criminal judgment execution agency ofthe district-level police office of the place in which the sentenced personwill come to reside.
3. Within 5working days after receiving documents specified in Clause 2 of this Article,the criminal judgment execution agency of the district-level police office ofthe place in which the sentenced person will come to reside shall compile andhand over a residence ban sentence execution dossier to the commune-levelPeople's Committee of the place in which such person will come to reside. Sucha dossier comprises:
a/ A copy ofthe legally effective judgment or the prison sentence execution decision;
b/ Acertificate of complete serving of the prison sentence:
c/ Otherdocuments related to the judgment execution.
4. Three daysbefore the expiration of the residence ban term, the commune-level People'sCommittee shall deliver the judgment execution dossier to the criminal judgmentexecution agency of the district-level police office for granting a certificateof complete serving of the residence ban sentence. Such certificate shall besent to the sentenced person, the commune-level People's Committee of the placein which he/ she resides, the court which has issued the judgment executiondecision and the provincial-level Justice Department of the place in which thecertificate-granting criminal judgment execution agency is based.
Article 83. Tasks and powers of commune-level People'sCommittees of places in which sentenced persons come to reside
1. Acommune-level People's Committee of the place in which a sentenced person comesto reside has the following tasks and powers:
a/ To receivethe dossier and organize supervision and education of the sentenced person; tocreate conditions for him/her to normally work and learn;
b/ To make awritten assessment of the sentenced person's serving of the residence bansentence to be included in the monitoring dossier when he/she changes the placeof residence;
c/ To requestthe sentenced person to commit to fulfilling his/her obligations and to fulfillsuch obligations; to take educational and preventive measures when such personshows signs of law violation;
d/ To compilea dossier to request consideration of exemption from serving the remainder ofthe residence ban sentence for the sentenced person, and send it to thecriminal judgment execution agency of the district-level police office;
e/ To makestatistics and report on judgment execution results to a competent criminaljudgment execution agency;
f/ Tosanction according to its competence or request a competent agency to sanctionunder law administrative violations committed by the sentenced person:
g/ To settlecomplaints and denunciations about judgment execution under this Law.
2. Thecommune-level police chief shall advise and assist the commune-level People'sCommittee in organizing the performance of the tasks specified in Clause 1 ofthis Article.
Article 84. Obligations of persons subject to residence bansentence
1. To refrainfrom residing in areas in which they are banned from residing; to seriouslyrealize their commitments on law observance.
2. To show upthemselves at the request of commune-level People's Committees of places inwhich they reside.
Article 85. Rights of persons subject to residence bansentence
1. To travelto places in which they are banned from residing when having a plausible reasonand obtaining approval of commune-level People's Committees of these places.The duration of each sojourn shall be decided by commune-level People'sCommittees of places of destination but must not exceed 5 days.
2. To chooseplaces of residence other than those in which they are banned from residing.
3. To beconsidered for exemption from serving the residence ban sentence as provided bythis Law when satisfying all the conditions specified by law.
Article 86. Procedures for exemption from serving theremainder of the residence ban sentence
1. At therequest of the commune-level People's Committee of the place in which a personsubject to residence ban comes to reside, the criminal judgment executionagency of the district-level police office shall compile a dossier to requestthe court at the same level to consider exemption from serving the remainder ofthe residence ban sentence. Such a dossier comprises:
a/ A copy ofthe judgment; a copy of the judgment execution decision;
b/ Thewritten request of the commune-level People's Committee;
c/ Thewritten request of the criminal judgment execution agency of the district-levelpolice office;
d/ A petitionof the person subject to residence ban for the exemption;
e/ Otherrelated documents.
2. Within 15days after receiving a dossier specified in Clause 1 of this Article, thecompetent court shall hold a meeting to consider the exemption and notify inwriting such meeting to the same-level procuracy, which shall appoint aprocurator to attend the meeting. In case the dossier needs to be supplementedat the request of the court, the time limit for holding a meeting shall becounted from the date of receipt of the supplemented dossier.
3. Within 3working days after issuing the exemption decision, the court shall send thisdecision to the person enjoying the exemption, the same-level procuracy, theimmediate superior procuracy, the court which has issued the judgment executiondecision, the criminal judgment execution agency at the same level, thecommune-level People's Committees of the place in which such person comes toreside and of the place in which he/she is banned from residing, and theprovincial-level Justice Department of the place in which the issuing court isbased.
Article 87. Supplementation of residence ban sentenceexecution dossiers
1. Thecommune-level People's Committee of the place in which a sentenced personresides shall add to his/her residence ban sentence execution dossier thefollowing documents;
a/ A writtenassessment of the process of the serving of the residence ban sentence:
b/ The courtdecision to exempt from serving the remainder of the residence ban sentence;
c/ Otherrelated documents.
2. The commune-levelPeople's Committee of the place in which the sentenced person resides shallhand over the residence ban sentence execution dossier to the criminal judgmentexecution agency of the district-level police office under Clause 4, Article 82of this Law. The dossier handover and receipt shall be recorded in a minutes tobe included in the dossier.
Article 88. Responsibilities of commune-level People'sCommittees of places in which sentenced persons are banned from residing
When becomingaware of the presence of a person subject to residence ban in its locality, thecommune-level People's Committee shall check and make a minutes on his/herbreach and compel him/her to leave the locality, except the case specified inClause 1, Article 85 of this Law, and then notify such to the commune-levelPeople's Committee of the place in which he/ she resides.
Section 2. EXECUTION OF PROBATION SENTENCE
Article 89. Procedures for execution of probation sentence
1. Two monthsbefore the expiration of the term of the prison sentence against an inmatesubject to the additional penalty of probation, the warden of the prison shallnotify such in writing the criminal judgment execution agency of thedistrict-level police office and the commune-level People's Committee of theplace in which the inmate comes to reside for serving the probation sentence.
2. After aninmate subject to the additional penalty of probation completely serves theprison sentence, the prison shall hand over the person subject to probationtogether with copies of the judgment and judgment execution decision, thecertificate of complete serving of the prison sentence, written assessment ofresults of the serving of the prison sentence and related documents to thecriminal judgment execution agency of the district-level police office at theoffice of the commune-level. People's Committee of the place in which suchperson will come to reside. The criminal judgment execution agency of thedistrict-level police office shall immediately hand over such person to thecommune-level People's Committee for control and education.
Within 5working days after receiving the sentenced person, the criminal judgmentexecution agency of the district-level police office shall compile and delivera probation sentence execution dossier to the commune-level People's Committee.Such a dossier comprises:
a/ A copy ofthe legally effective judgment; a copy of the prison sentence executiondecision;
b/ Thecertificate of complete serving of the prison sentence;
c/ A minuteson the handover of the person subject to probation;
d/ Documentson the process of the serving of the prison sentence and other relateddocuments.
3. Three daysbefore the expiration of the probation term, the commune-level People's Committeeshall deliver the judgment execution dossier to the criminal judgment executionagency of the district-level police office for granting a certificate ofcomplete serving of the probation sentence. Such certificate shall be sent tothe sentenced person, the commune-level People's Committee of the place inwhich he/ she resides, the court which has issued the judgment executiondecision and the provincial-level Justice Department of the place in which thecertificate-granting criminal judgment execution agency is based.
Article 90. Tasks and powers of commune-level People'sCommittees of places in which sentenced persons subject to probation reside
1. Acommune-level People's Committee of the place in which a sentenced personsubject to probation resides has the following tasks and powers:
a/ To receivethe sentenced person and the probation sentence execution dossier; to organizecontrol and education of the sentenced person; to create conditions for him/herto normally work and learn in the place of probation; to make a writtenassessment of the process of the serving of the sentence to be included in themonitoring dossier;
b/ To requestthe sentenced person to commit to fulfilling his/her obligations and to fulfillsuch obligations; to take educational and preventive measures when he/she showssigns of law violation; to summon him/her when necessary; to grant permissionfor him/her to leave the place of probation under Article 93 of this Law;
c/ To makeand send a written assessment of the process of the serving of the sentence tothe criminal judgment execution agency of the district-level police office onceevery 3 months;
d/ To compilea dossier to request consideration of exemption from serving the remainder ofthe probation sentence for the sentenced person, and send it to the criminaljudgment execution agency of the district-level police office:
e/ Tosanction according to its competence or request a competent agency to sanctionunder law administrative violations committed by the sentenced person;
f/ To makestatistics and report on judgment execution results to a competent criminaljudgment execution agency;
g/ To settlecomplaints and denunciations about judgment execution under this Law.
2. Thecommune-level police chief shall advise and assist the commune-level People'sCommittee in organizing the performance of the tasks specified in Clause 1 ofthis Article.
Article 91. Obligations of persons subject to probationsentence
1. A personsubject to probation sentence has the following obligations:
a/ To submitto the control and education by the commune-level People's Committee and localpeople; to refrain from leaving the place of probation without permission;
b/ To show uphim/herself and report on his/ her observance of probation rules to the commune-levelPeople's Committee in the place of probation once in the first week of a month;
c/ To bepresent at a prescribed place when summoned by the commune-level People'sCommittee or to give a plausible reason in case of absence;
d/ Tostrictly observe policies, laws and regulations of the local administration; toactively work, learn and reform him/herself into a person useful for thesociety;
e/ To declarehis/her permitted temporary absence from the place of probation; to show uphim/herself, produce the written permission and register his/her temporaryresidence or sojourn with the commune-level police office of the place ofdestination under regulations; to return to the place of probation within theprescribed time limit and show up him/herself to the commune-level People'sCommittee. If he/she leaves the place of probation without permission or inviolation of the permission without plausible reasons, that time limit shallnot be included in the probation sentence-serving duration.
2. Personssubject to probation sentence who intentionally refuse to perform theobligations specified in Clause 1 of this Article shall, depending on thenature and severity of their violations, be administratively sanctioned orexamined for penal liability.
Article 92. Rights of persons subject to probation sentence
1. To livewith their families in places of probation.
2. To chooseappropriate jobs, except for occupations, .sectors or jobs which they arebanned from doing or working as specified by law; to enjoy their labor fruits.
3. To freelytravel within communes, wards or townships of probation.
4. To beconsidered for exemption from the serving of the remainder of the probationsentence under Article 95 of this Law.
Article 93. Permission for persons subject to probationsentence to leave their places of probation
1. Whenhaving a plausible reason, a person subject to probation sentence may bepermitted to leave his/her place of probation. The competence to grantpermission is as follows:
a/ Thechairperson of the commune-level People's Committee in the place of probationshall grant permission for travel within the district of the place ofprobation;
b/ The headof the criminal judgment execution agency of the district-level police officeshall grant permission for travel within the province of the place ofprobation;
c/ The headof the criminal judgment execution agency of the provincial-level policedepartment shall grant permission for travel out of the province of the placeof probation.
2. Theduration in which a person subject to probation sentence is permitted to beabsent from the place of probation shall be decided by the person competent togrant the permission but must not exceed 10 days. In case such person needsmedical treatment, his/her duration of absence from the place of probation maybe equal to the duration of medical treatment at a health establishment.
Article 94. Supplementation of probation sentence executiondossiers
1. Thecommune-level People's Committee of the place of probation shall add to aprobation sentence execution dossier the following documents:
a/ A writtencommitment of the person subject to probation sentence;
b/ A writtenassessment of the process of the serving of the probation sentence;
c/ The courtdecision to exempt from serving the remainder of the probation sentence;
d/ Otherrelated documents.
2. Thecommune-level People's Committee of the place of probation shall hand over adossier specified in Clause 1 of this Article to the criminal judgmentexecution agency of the district-level police office under Clause 3, Article 89of this Law. The dossier handover and receipt shall be recorded in a minutes tobe included in the dossier.
Article 95. Procedures for exemption from the serving of theremainder of the probation sentence
1. At therequest of the commune-level People's Committee of the place of probation, thecriminal judgment execution agency of the district-level police office shallcompile a dossier to request the court at the same level to consider exemptionfrom the serving of the remainder of the probation sentence. Such a dossiercomprises:
a/ A copy ofthe legally effective judgment: a copy of the prison sentence executiondecision;
b/ Thewritten request of the commune-level People's Committee of the place ofprobation;
c/ Thewritten request of the criminal judgment execution agency of the district-levelpolice office;
d/ A petitionof the person subject to the probation sentence for exemption from serving thesentence;
c/ Other relateddocuments.
2. Within 15days after receiving a dossier specified in Clause 1 of this Article, thecompetent court shall hold a meeting to consider the exemption and notify inwriting such meeting to the same-level procuracy, which shall appoint a procuratorto attend the meeting. In case the dossier needs to be supplemented, the timelimit for holding a meeting shall be counted from the date of receipt of thesupplemented dossier.
3. Within 3working days after issuing a decision to exempt from serving the sentence, thecourt shall send such decision to the person enjoying the exemption, thesame-level procuracy, the immediate superior procuracy, the court which hasissued the judgment execution decision, the criminal judgment execution agencyat the same level, the commune-level People's Committee in the place ofprobation, and the provincial-level Justice Department of the place-in whichthe court which has issued the exemption decision is based.
Chapter VII
EXECUTION OF EXPULSIONSENTENCE
Article 96. Expulsion sentence execution decisions
1. In caseexpulsion is the principal penalty or an additional penalty while the principalpenalty is a fine, the court which has conducted the first-instance trial shallissue a judgment execution decision. Such a decision must clearly indicate thefull name and position of the issuer; the judgment to be executed; the fullname, date of birth and place of residence of the sentenced person; additionalpenalty(ies); and the name of the agency responsible for executing thesentence.
2. In caseexpulsion is an additional penalty, the judgment execution decision must fullyindicate the principal penalty and the additional penalty, except the casespecified in Clause 1 of this Article.
Article 97. Notification of expulsion sentence execution
1. A courtwhich issues an expulsion sentence execution decision under Clause 1 of Article96 of this Law shall promptly send this decision to the criminal judgmentexecution agency of the provincial-level police department, the same-levelprocuracy and the provincial-level Justice Department of the place in which theissuing court is based. The criminal judgment execution agency of theprovincial-level police department shall deliver the judgment executiondecision to the sentenced person and promptly notify such to the Ministry ofForeign Affairs of Vietnam, the diplomatic representation mission or theconsular office of the country of which the sentenced person is a citizen orthe representative office of the international organization in which he/sheworks, and the agency or organization which has guaranteed his/her entry inVietnam. In case the sentenced person is in temporary detention, the decisionshall be sent to the detention camp and the criminal judgment execution agencyof the district-level police office in the place of detention for subsequentdelivery to such person.
2. In case aninmate is subject to the additional penalty of expulsion under Clause 2,Article 96 of this Law, 2 months before the expiration of the prison sentenceterm, the warden of the prison notify in writing to such inmate and thecriminal judgment execution agency of the provincial-level police department ofthe place in which the prison is based. The criminal judgment execution agencyof the provincial-level police department shall notify such to the Ministry ofForeign Affairs of Vietnam, the diplomatic representation mission or theconsular office of the country of which the person subject to the expulsionsentence is a citizen or the representative office of the internationalorganization in which he/she works, and the agency or organization which hasguaranteed his/ her entry in Vietnam.
Article 98. Expulsion sentence execution dossiers
1. Criminaljudgment execution agencies of provincial-level police departments shallcompile expulsion sentence execution dossiers.
2. Anexpulsion sentence execution dossier comprises:
a/ A copy ofthe legally effective judgment; the expulsion sentence execution decision or acopy of the prison sentence execution decision in case expulsion is anadditional penalty;
b/ A copy ofthe passport or a copy of a valid substitute paper of the sentenced person;
c/ Writtencertification of complete serving of other penalties or fulfillment of otherobligations;
d/ Other relateddocuments.
Article 99. Stay pending exit
1. Pendinghis/her exit from Vietnam, a person subject to the expulsion sentence shallstay in a place designated by the criminal judgment execution agency of theprovincial-level police department.
2. The criminaljudgment execution agency of the provincial-level police department shall senda person subject to expulsion to an accommodation establishment of the Ministryof Public Security in case he/she:
a/ Has noplace of permanent residence or temporary residence:
b/ Hasillegally entered the country or committed a serious, very serious or extremelyserious crime;
c/ Has leftthe previously designated accommodation establishment without permission orfailed to comply with management and supervision measures of a competentagency;
d/ Hascommitted an illegal act or is believed to be likely to commit an illegal actpending his/ her exit:
e/ Hasescaped, prepared for escape or otherwise obstructed the execution of theexpulsion sentence;
f/ Hascontracted a particularly dangerous infectious disease specified in the Law onPrevention and Control of Infectious Diseases;
g/ Wishes tostay in an accommodation establishment.
3. Proceduresfor sending a person subject to the expulsion sentence to an accommodation establishmentare as follows:
a/ In casehe/she is on bail, the criminal judgment execution agency of theprovincial-level police department shall escort him/her to an accommodationestablishment;
b/ In casehe/she is in temporary detention, the detention camp or the criminal judgmentexecution agency of the district-level police office of the place of detentionshall, upon receiving the judgment execution decision, hand over him/her to thecriminal judgment execution agency of the provincial-level police departmentfor escorting him/her to an accommodation establishment:
c/ If theinmate subject to the additional penalty of expulsion has completely served theprison sentence, the prison shall hand over him/ her to the criminal judgmentexecution agency of the provincial-level police department for escortinghim/her to an accommodation establishment.
4. In case aperson subject to the expulsion sentence dies pending his/her exit fromVietnam, the designated accommodation establishment or place of stay shallpromptly notify the death to the criminal judgment execution agency of theprovincial level police department, an investigative agency or a competentprocuracy for identifying the cause of the death. The criminal judgmentexecution agency of the provincial-level police department shall notify thedeath in writing or via telegraph to the court which has issued the expulsionsentence execution decision, the Ministry of Foreign Affairs of Vietnam, thediplomatic mission or consular office of the country of which he/she is acitizen or the representative office of the international organization in whichhe/she works and the agency or organization which has guaranteed his/her entryin Vietnam. After obtaining permission of a competent agency, the criminaljudgment execution agency of the provincial-level police department shallorganize his/her burial. In case his/her relative or lawful representativerequests to receive his/her corpse for burial and bear burial expenses, thecriminal judgment execution agency of the provincial-level police departmentshall consider and settle the request.
5. TheGovernment shall specify food rations, accommodation and other daily-lifeactivities, visits, medical examination and treatment for persons subject tothe expulsion sentence during their stay in accommodation establishments, andexpenses for burial of those who die in these establishments.
Article 100. Handling of cases of run-away persons subjectto the expulsion sentence
1. In case aperson subject to the expulsion sentence escapes, the designated accommodationestablishment or place of stay shall make a minutes thereon and promptly notifysuch to the criminal judgment execution agency of the provincial-level policedepartment of the place in which exists the designated accommodationestablishment or place of stay. Upon receiving such notice, the criminaljudgment execution agency of the provincial-level police department shallpromptly organize the pursuit of the run­away. If the pursuit is in vain, itshall issue a pursuit warrant within 7 days.
2. If therun-away person surrenders him/ herself, the receiving agency shall make aminutes thereon and notify such to the criminal judgment execution agency ofthe provincial-level police department for the latter to receive and sendhim/her to an accommodation establishment.
Article 101. Compulsion of exit from Vietnamese territory
1. Upon theexpiration of the time limit for a person subject to the expulsion sentence toleave the Vietnamese territory, the criminal judgment execution agency of theprovincial-level police department shall coordinate with a competentimmigration management agency in checking the personal identity paper of suchperson and escort him/her to the place of exit and compel his/her to leave theVietnamese territory. Such person may carry along his/her lawful personalpossessions on his/her exit. Within 10 days after completely executing theexpulsion sentence, the criminal judgment execution agency of theprovincial-level police department shall notify the execution to the courtwhich has issued the judgment execution decision, the same-level procuracy andthe national center for personal judicial records.
2. The courtwhich has issued the judgment execution decision is competent to decide onprolongation of the time limit for compelled exit from the Vietnamese territoryof the sentenced person who:
a/ Isseriously ill or under intensive medical care and therefore unable to move ascertified by a medical agency or a provincial- or higher-level hospital;
b/ Iscurrently serving another judgment or performing another obligation underVietnam's law; or,
c/ Cannotleave the Vietnamese territory for a plausible reason as certified by the headof the criminal judgment execution agency of the provincial-level policedepartment.
Article 102. Expulsion expenses
Personsserving the expulsion sentence shall bear all air, road, railway and sea travelfares for their exit from the Vietnamese territory. In case such a person isunable to bear these expenses him/herself, the criminal judgment executionagency of the provincial-level police department shall coordinate with theimmigration management agency in requesting the diplomatic mission or consularoffice of the country of which such person is a citizen or the representativeoffice of the international organization in which he/she works or the agency ororganization which has guaranteed his/her entry in Vietnam to pay expenses forsending him/her to his/her country. In case a request has already been made butsuch agency or organization still fails to pay expenses and expulsion must beexecuted immediately for a national security reason, the head of the criminaljudgment execution agency of the provincial-level police department shallreport such to the criminal judgment execution management agency of theMinistry 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 SENTENCEOF DEPRIVATION OF CERTAIN CIVIL RIGHTS
Article 103. Procedures for execution of the sentence ofdeprivation of certain civil rights
1. Two monthsbefore the expiration of the term of the prison sentence against an inmatesubject to the additional sentence of deprivation of certain civil rights, thewarden of the prison or detention camp, or the head of the criminal judgmentexecution agency of the provincial-level police department in case this inmateserves the sentence at the criminal judgment execution agency of thedistrict-level police office, shall notify in writing the execution of theadditional penalty to the commune-level People's Committee, the criminaljudgment execution agency of the district-level police office and thedistrict-level people's procuracy of the place in which this inmate will cometo reside.
2. After aninmate subject to the additional sentence of deprivation of certain civilrights completely serves the prison sentence, the prison or detention campshall send the certificate of complete serving of the prison sentence andcopies of the judgment and judgment execution decision to the criminal judgmentexecution agency of the district-level police office of the place in which thisinmate will come to reside.
3. Within 5working days after receiving the documents specified in Clause 2 of thisArticle, the criminal judgment execution agency of the district-level policeoffice of the place in which the inmate will come to reside shall compile adossier for execution of the sentence of deprivation of certain civil rightsand notify such to the commune-level People's Committee of the locality inwhich the inmate comes to reside. Such a dossier comprises:
a/ A copy ofthe legally effective judgment; a copy of the prison sentence execution decision;
b/ Thecertificate of complete serving of the prison sentence;
c/ Otherdocuments related to the judgment execution.
4. In case aperson subject to the sentence of deprivation of certain civil rights isallowed to serve a suspended sentence, the court which has issued the judgmentexecution decision shall send copies of the judgment and the judgment executiondecision to the criminal judgment execution agency of the district-level policeoffice. The criminal judgment execution agency of the district-level policeoffice shall compile a dossier and notify such to the agency in which suchperson works or the commune-level People's Committee of the place in which suchperson resides.
5. Thecriminal judgment execution agency of the district-level police office shallmonitor and supervise the execution of the sentence of deprivation of certaincivil rights under the court judgment. Upon the expiration of the sentenceterm, the criminal judgment execution agency of the district-level policeoffice shall grant a certificate of complete serving of the sentence ofdeprivation of certain civil rights. Such certificate shall be sent to thesentenced person, the commune-level People's Committee of the place in whichhe/she resides, the court which has issued the judgment execution decision andthe provincial-level Justice Department of the place in which thecertificate-issuing criminal judgment execution agency is based.
Article 104. Deprivation of the right to elect or stand ascandidates for deputies to a state power agency
1. During theperiod of deprivation of the right to elect or stand as a candidate for adeputy to a state power agency, a sentenced person may neither elect nor standas a candidate for a deputy to a state power agency.
2. Acommune-level People's Committee may not include a person subject todeprivation of the right to elect deputies to a slate power agency in a list ofelectors. In case a person whose name has been included in a list of electorsbut he/she has the right to election deprived of by a court before thevote-casting time, the commune-level People's Committee shall delete his/hername from the list of electors, withdraw his/her elector card and notify suchto the criminal judgment execution agency of the district-level police office.
Article 105. Deprivation of the right to work in stateagencies
1. During theperiod of deprivation of the right to work in state agencies, a sentencedperson may neither apply for a job nor continue working in a state agency.
2. In case asentenced person who is a cadre, civil servant or public employee in a stateagency is deprived of the right to work in state agencies, the agency in whichhe/she works shall issue a decision or request a competent state agency toissue a decision to compel such person to resign from office or stop workingduring the period of deprivation of the right to work in state agencies.
Article 106. Deprivation of the right to serve in people'sarmed forces
1. During theperiod of deprivation of the right to serve in people's armed forces, asentenced person may not conscribe him/herself for military service; mayneither be recruited nor continue working as a civil servant, public employeeor defense worker in the People's Army; may neither be recruited nor continueserving in the People's Public Security Force.
2. In case asentenced person who is a serviceman, civil servant, public employee or defenseworker in the People's Army or who serves in a People's Public Security Forceagency or unit is deprived of the right to serve in people's armed forces, theunit in which he/she serves or works shall issue a decision or request acompetent agency to issue a decision to compel him/her to leave people's armedforces.
Chapter IX
EXECUTION OF THESENTENCE OF BAN FROM HOLDING CERTAIN POSITIONS, PRACTICING CERTAIN PROFESSIONSOR PERFORMING CERTAIN JOBS
Article 107. Procedures for execution of the sentence of banfrom holding certain positions, practicing certain professions or performingcertain jobs
1. Two monthsbefore the expiration of the term of the prison sentence against an inmatesubject to the additional sentence of ban from holding certain positions,practicing certain professions or performing certain jobs, the warden of theprison or detention camp, or the head of the criminal judgment execution agencyof the district-level police office of the place in which this inmate servesthe prison sentence shall notify in writing the execution of the sentence ofban from holding certain positions, practicing certain professions orperforming certain jobs to the commune-level People's Committee, the criminaljudgment execution agency of the district-level police office and thedistrict-level people's procuracy of the place in which this inmate will cometo reside or to the criminal judgment execution agency and the procuracy of themilitary zone in which the unit such person will work in is based.
2. Rightafter an inmate subject to the additional sentence of ban from holding certainpositions, practicing certain professions or performing certain jobs completelyserves the prison sentence, the prison, detention camp or criminal judgmentexecution agency of the provincial-level police department shall send thecertificate of complete serving of the prison sentence and copies of thejudgment and the judgment execution decision to the criminal judgment executionagency of the district-level police office and the district-level procuracy ofthe place in which this inmate will come to reside or to the criminal judgmentexecution agency and the procuracy of the military zone in which the unit suchperson will work in is based.
3. Within 5working days after receiving the documents specified in Clause 2 of thisArticle, the criminal judgment execution agency of the district-level policeoffice or military zone shall compile a dossier for execution of the sentenceof ban from holding certain positions, practicing certain professions orperforming certain jobs and notify such in writing to the commune-levelPeople's Committee of the locality in which the sentenced person will reside.Such a dossier comprises;
a/ A copy ofthe legally effective judgment; a copy of the prison sentence executiondecision;
b/ Thecertificate of complete serving of the prison sentence;
c/ Otherdocuments related to the judgment execution.
4. In case aperson subject to an additional penalty of ban from holding certain positions,practicing certain professions or performing certain jobs is obliged to servethe principal penalty of caution, fine or non-custodial reform or is allowed toserve a suspended sentence, the term of the ban on holding certain positions,practicing certain professions or doing certain jobs shall be counted from thedate the judgment becomes legally effective. The court which has issued thejudgment execution decision shall send copies of the judgment and the judgmentexecution decision to the criminal judgment execution agency of thedistrict-level police office and procuracy of the place in which such personwill reside or the criminal judgment execution agency and procuracy of themilitary zone in which the unit such person will work in is based. Uponreceiving the judgment execution decision, the criminal judgment executionagency of the district-level police office or military zone shall compile adossier and notify such to the agency, organization or army unit in which theperson serving the sentence will work or the commune-level People's Committeeof the place in which such person will reside.
5. Thecriminal judgment execution agency of the district-level police office ormilitary zone shall monitor and supervise the serving of the sentence of banfrom holding certain positions, practicing certain professions or performingcertain jobs under the court judgment. Upon the expiration of the sentenceterm, the criminal judgment execution agency of the district-level policeoffice shall grant a certificate of complete serving of the sentence. Suchcertificate shall be sent to the sentenced person, the commune-level People'sCommittee of the place in which he/ she resides, the agency, organization orarmy unit in which he/she works, the court which has issued the judgmentexecution decision and the provincial-level Justice Department of the place inwhich the certificate-issuing criminal judgment execution agency is based.
Article 108. Rights and obligations of persons serving thesentence of ban from holding certain positions, practicing certain professionsor performing certain jobs
1. A personserving the sentence of ban from holding certain positions, practicing certainprofessions or performing certain jobs has the following rights:
a/ To standas a candidate for, be appointed or promoted to a position, practice aprofession or do a job not subject to the ban;
b/ To resumeholding a position, practicing a profession or doing a job subject to the banafter completely serving the sentence;
c/ To begranted a certificate of complete serving of the sentence upon the expirationof the sentence term.
2. Whilebeing banned from holding certain positions, practicing certain professions orperforming certain jobs, a sentenced person has the following obligations:
a/ To reporton positions, professions or jobs he/she is banned from holding, practicing ordoing to the agency or organization in which he/ she works and to thecommune-level People's Committee of the place in which he/she resides;
b/ To refrainfrom further holding, practicing or doing or to be forced to refuse holding,practicing or doing certain positions, professions or jobs subject to the ban;
c/ To refrainfrom standing as a candidate for a position subject to the ban;
d/ To show uphim/herself when being summoned by a competent agency in relation to his/herjudgment execution.
Article 109. Responsibilities to execute the sentence of banfrom holding certain positions, practicing certain professions or performingcertain jobs
1. The agencyor organization in which a sentenced person works shall:
a/ Issue adecision to relieve him/her of a position he/she is banned from holding orrequest a competent authority to issue such a decision and publicly notify itwithin the agency or organization;
b/ Refrainfrom nominating, promoting, appointing or arranging him/her to a position, jobor profession banned to him/her;
c/ Reportjudgment execution results to the criminal judgment execution agency of thedistrict-level police office or military zone;
d/ Notify theagency or organization in which he/she is transferred to work of his/herserving of the sentence. This agency or organization shall comply with Pointsa, b and c of this Clause.
2. Thecommune-level People's Committee of the place in which a sentenced personresides shall:
a/ Publiclynotify the judgment in the place in which he/she comes to reside;
b/ Report onjudgment execution results to the criminal judgment execution agency of thedistrict-level police office;
c/ In casehe/she moves to a new place of residence, notify the commune-level People'sCommittee in this place of his/her serving of the sentence. The commune-levelPeople's Committee the new place of residence shall comply with Points a and bof this Clause.
Chapter X
EXECUTION OF JUDICIALMEASURES
Section I. GENERAL PROVISIONS ON EXECUTION OF JUDICIAL MEASURES
Article 110. Decisions to apply judicial measures
1. Decisionsto apply judicial measures include:
a/ Decisionsof courts or procuracies to apply the measure of compulsory medical treatment;
b/ Judgmentsor decisions of courts to apply the measure of sending minor offenders to a reformatoryor educating them in communes, wards or townships.
2. A decisionto apply a judicial measure must clearly indicate the name of the agency andfull name and position of the issuer; full name, date of birth and place ofresidence of the person subject to the judicial measure; and name of the agencyresponsible for the execution.
3. Within 3working days after issuing a decision, the issuing agency shall send suchdecision to the following individual and agencies:
a/ The personsubject to the judicial measure or his/her lawful representative;
b/ Thesame-level procuracy, in case the decision is issued by a court;
c/ Thecriminal judgment execution agency of the district-level police office of theplace in which the person subject to the judicial measure resides;
d/ The mentalhospital, in case of compulsory medical treatment:
e/ The agencywhich has requested the court or procuracy to apply the measure of compulsorymedical treatment.
Article 111. Principles of execution of judicial measures
1. Compliancewith the Constitution and laws and assurance of the interests of (he State andthe lawful rights and interests of organizations and individuals.
2. Strictobservance of legally effective judgments and decisions by agencies,organizations and individuals.
3. Guaranteeof socialist humanism: respect for the dignity and lawful rights and interestsof persons subject to judicial measures.
4. Guaranteeof education of and assistance for minor offenders in correcting their errors,developing healthily and becoming persons useful for the society.
5. Guaranteeof medical treatment and care and functional rehabilitation for persons subjectto the measure of compulsory medical treatment and prevention of theircommission of acts dangerous to the society.
6. Guaranteeof participation of agencies, organizations, individuals and families ineducation and reformation of persons subject to judicial measures.
Article 112. Prohibited acts in the execution of judicialmeasures
1. Organizingan escape or escaping from a reformatory; organizing an escape or escapingwhile being escorted for execution of judicial measures; rescuing persons beingescorted for execution of judicial measures.
2. Failing tocomply with decisions to apply judicial measures; obstructing or opposing theimplementation of internal rules or regulations on the execution of judicialmeasures or decisions or requests of competent agencies or persons in executingjudicial measures.
3. Inciting,instigating, dragging, enticing, helping or forcing others to violate the lawon execution of judicial measures; infringing upon the life, health, honor,dignity and assets of persons responsible for executing judicial measures.
4. Giving,taking or acting as intermediaries for bribes or causing troubles in theexecution of judicial measures; infringing upon the lawful rights and interestsof persons subject to judicial measures.
5. Abusingones' positions and powers to request or not to request exemption from theexecution or reduction of the term of judicial measures, postponement ortermination of the execution of judicial measures in contravention of law.
6. Grantingor refusing to grant decisions, certificates, written certifications or otherpapers on the execution of judicial measures in contravention of law.
7. Falsifyingdossiers or records of execution of judicial measures.
Article 113. Agencies and organizations tasked to executejudicial measures
1. Mentalhospitals are tasked to execute the measure of compulsory medical treatment.
2.Reformatories are tasked to execute the measure of sending to a reformatory.
3. People'sCommittees of communes, wards or townships are tasked to execute the measure ofeducation in communes, wards or townships.
Article 114. Tasks and powers of procuracies in executing judicialmeasures
1. Tasks andpowers of procuracies in applying and executing judicial measures comply withthe provisions of this Chapter.
2.Procuracies shall supervise the observance of law by agencies, organizationsand individuals in executing judicial measures under this Law and relevantlaws.
Article 115. Guarantee of conditions for execution ofjudicial measures
1. The Stateguarantees physical foundations and funds for execution of judicial measures.
2. The Stateencourages agencies, organizations, individuals and families to participate ineducating persons subject to judicial measures in communes, wards, townships orreformatories.
Section 2. EXECUTION OF THE MEASURE OF COMPULSORY MEDICALTREATMENT
Article 116. Competence to request application of thejudicial measure of compulsory medical treatment, dossiers for sending personsto an establishment for compulsory medical treatment
1. Thecompetence to request application of the judicial measure of compulsory medicaltreatment is as follows:
a/ An agencywhich has accepted and is handling a case at the stage of investigation iscompetent to request application of the measure by the same-level procuracy;
b/ A prison,detention camp or criminal judgment execution agency of a provincial-levelpolice department at the stage of judgment execution is competent to requestapplication of the measure by a provincial-level people's court of the place orthe military court of the military zone in which it is based.
2. An agencyrequesting application of the judicial measure of compulsory medical treatmentshall compile a dossier for sending a person to an establishment for compulsorymedical treatment. Such a dossier comprises:
a/ A decisionof a procuracy or court to apply the measure of compulsory medical treatment:
b/Conclusions of a medical examination council;
c/ Resume ofthe person subject to compulsory medical treatment;
d/ Otherrelated documents.
3. A court orprocuracy which has decided at its own initiative to apply the judicial measureof compulsory medical treatment shall compile a dossier and request an agencycurrently handling the case at the stage of investigation or a prison,detention camp or criminal judgment execution agency of a district-level policeoffice at the stage of judgment execution to send the person concerned to anestablishment for compulsory medical treatment.
Article 117. Sending of persons to establishments forcompulsory medical treatment
1. Uponreceiving a decision to apply the measure of compulsory medical treatment, anagency currently handling a case at the stage of investigation or a prison,detention camp or criminal judgment execution agency of a district-level policeoffice shall hand over the person subject to compulsory medical treatment andhis/ her dossier to a mental hospital designated under a procuracy or courtdecision, and concurrently send copies of the decision to apply the measure ofcompulsory medical treatment to the criminal judgment execution managementagency of the Ministry of Public Security or the Ministry of National Defense.
2. Thedesignated mental hospital shall receive the person subject to compulsorymedical treatment and his/her dossier, and make a minutes on the handover andreceipt. The agency responsible for sending the person to the mental hospitalshall notify his/her family or relatives of the establishment in which he/sheis medically treated.
Article 118. Medical treatment for persons subject tocompulsory medical treatment
1. Mentalhospitals shall manage and organize medical treatment for persons subject tocompulsory medical treatment and may not discriminate against these persons.
2. During theperiod of compulsory medical treatment, relatives of a person subject tocompulsory medical treatment may meet and jointly take care of such person andshall strictly comply with the mental hospital's regulations on patient visitsand care.
3. In case aperson subject to compulsory medical treatment escapes, the mental hospitalshall make a minutes thereon and promptly notify such to the agency which hasrequested application of the measure of compulsory medical treatment andhis/her family for coordination in pursuing and sending him/her back to thehospital.
4. Expensesfor treatment of persons subject to compulsory medical treatment shall be paidby the State.
Article 119. Termination of execution of the measure ofcompulsory medical treatment
1. When aperson subject to compulsory medical treatment has fully recovered, thedirector of the mental hospital shall notify such to the agency which hasrequested application of this measure so that the latter requests a medicalexamination council to examine such person's illness.
Based on theconclusion of the medical examination council that such person has fullyrecovered, the agency which has requested application of the measure ofcompulsory medical treatment shall request the court or procuracy which hasissued the decision to apply the measure to issue a decision to terminate theexecution of this measure.
2. The courtor procuracy which has issued the decision to terminate the execution of themeasure of compulsory medical treatment shall send this decision to the agencywhich has requested application of this measure for subsequent notification tothe mental hospital and relatives of the person subject to the measure.
3. Afterreceiving the termination decision from the court, the agency which hasrequested application of the measure of compulsory medical treatment shall cometo receive the person subject to compulsory medical treatment. In case suchdecision is issued by a procuracy, upon receiving this decision, relatives ofthe person subject to compulsory medical treatment shall come to receive suchperson. The handover and receipt must be recorded in a minutes, clearlyindicating the duration of medical treatment at the mental hospital.
Article 120. Handling of cases in which persons subject tocompulsory medical treatment die
1. In case aperson subject to compulsory medical treatment dies, the director of the mentalhospital shall promptly notify such to an investigative agency or theprovincial-level procuracy of the place in which the hospital is based foridentifying the cause of the death and notify it to relatives of the deceased andagencies specified in Clauses 1 and 3, Article 116 of this Law.
2. Afterobtaining permission of competent investigative agency and procuracy, thehospital shall organize the burial. Burial expenses shall be paid by the statebudget. In case relatives of the deceased wish to receive the corpse for burialand bear burial expenses, the hospital shall hand over the corpse to them forburial.
Section 3. EXECUTION OF THE MEASURE OF EDUCATION OF MINORS INCOMMUNES, WARDS OR TOWNSHIPS
Article 121. Procedures for execution of the measure ofeducation in a commune, ward or township
1. A courtwhich has issued a judgment or decision to apply the measure of education of aminor in a commune, ward or township shall send the judgment or decision tosuch minor and the criminal judgment execution agency of the district-levelpolice office of the place in which he/she is educated.
Within 3working days after receiving the court judgment or decision, the criminaljudgment execution agency of the district-level police office shall send copiesthereof to the commune-level People's Committee and the social organization orschool designated by the court to supervise and educate the minor.
2. Thechairperson of the commune-level People's Committee, the head of the socialorganization or the principal of the school designated by the court tosupervise and educate the minor shall:
a/ Compile adossier for monitoring and assign a person to directly supervise and educatethe minor;
b/ Summon theminor subject to supervision and education and invite his/her lawfulrepresentative and the person assigned to directly supervise and educatehim/her to its office to notify the assignment of a person to directlysupervise and educate the minor; the rights and obligations of the minor andhis/her lawful representative; the rights and obligations of the persondirectly supervising and educating the minor; and the term of the measure;
c/ In casethe minor changes his/her place of residence or learning, within 3 working daysafter he/she moves to a new place, notify such in writing to the criminaljudgment execution agency of the district-level police office for transferringthe supervision and education dossier to the commune-level People's Committeeof the place in which he/she comes to reside, the agency, social organizationor school in which he/she comes to learn. The commune-level People's Committeein the new locality or the new agency, social organization or school shallperform the tasks specified in this Law;
d/ Once every3 months, report to the criminal judgment execution agency of thedistrict-level police office on the serving of the measure by the minor;
e/ When theminor has served half of the sentence term and show considerable improvements,compile a dossier to request the criminal judgment execution agency of thedistrict-level police office to consider and request a competent court toterminate the execution of the measure.
3. Within 5days before the expiration of the term of the measure of education in acommune, ward or township against the minor, the chairperson of thecommune-level People's Committee, the head of the social organization or theprincipal of the school designated by the court to supervise and educate theminor shall send a written notice enclosed with the dossier to the criminaljudgment execution agency of the district-level police office for granting acertificate of complete serving of this measure. Upon the expiration of theterm of the measure, the head of the criminal judgment execution agency of thedistrict-level police office shall grant a certificate and send it to theminor, the chairperson of the commune-level People's Committee, the head of thesocial organization or (he principal of the school designated by the court tosupervise and educate the minor, and the court which has issued the decision toapply the measure.
Article 122. Tasks of persons directly supervising andeducating minors
1. To takethe initiative in meeting these minors in order to identify the causes of,conditions and circumstances for their offenses and know their feelings andaspirations, and guide them in properly realizing his/her commitments andfulfilling other obligations under this Law.
2. Tocollaborate with families, schools, Youth Union organizations and related organizationsin the places in which these minors reside or learn in supervising andeducating them.
3. To reporton a monthly basis to chairpersons of commune-level People's Committees, headsof social organizations and principals of schools who have assigned persons todirectly supervise and educate these minors on the serving of the measure bythese minors; and to promptly propose measures to prevent and handle thesepersons when they commit illegal acts.
Article 123. Rights and obligations of minors subject toeducation in communes, wards or townships
1. A minorsubject to education in a commune, ward or township has the following rights:
a/ To betreated without discrimination: to be entitled to assistance and favorableconditions for their learning, work and entertainment in the community;
b/ To beconsidered by a court for ahead-of-time termination of the measure of educationin a commune, ward or township under this Law;
c/ Otherrights provided for by law.
2. A minorsubject to education in a commune, ward or township has the followingobligations:
a/ To make awritten commitment with the commune-level People's Committee or the agency,social organization or school designated to supervise and educate him/her tostrictly observe law; to actively learn, correct his/her errors, trainhim/herself and work. His/her commitment must have opinions of his/her lawfulrepresentative;
b/ To submitto supervision and education by the person assigned to directly supervise andeducate him/her;
c/ To sendonce every three months a written self-criticism about the realization ofhis/her commitment to the chairperson of the commune-level People's Committee,the head of the social organization or the principal of the school designatedto supervise and educate him/her. Such written self-criticism must containassessments of the person directly supervising and educating him/her:
d/ To ask forpermission of the person directly supervising and educating him/her beforeleaving his/her place of residence for more than 30 days.
Section 4. EXECUTION OF THE MEASURE OF SENDING MINOR OFFENDERSTO A REFORMATORY
Article 124. Procedures for execution of the measure ofsending minor offenders to a reformatory
1. Within 3working days after issuing a judgment or decision to apply the measure ofsending a minor offender to a reformatory- the court shall send such judgmentor decision to the minor and the criminal judgment execution agency of thedistrict-level police office of the place in which he/she resides.
2. Within 3working days after receiving the court judgment or decision, the criminaljudgment execution agency of the district-level police office of the place inwhich the minor resides shall report such to the criminal judgment executionmanagement agency of the Ministry of Public Security for issuance of a decisionto send him/her to a reformatory.
3. Within 3working days after receiving the report of the criminal judgment executionagency of the district-level police office, the criminal judgment executionmanagement agency of the Ministry of Public Security shall issue a decision tosend the minor to a reformatory and send it to the criminal judgment executionagency of the district-level police office.
4. Within 5working days after receiving the decision of the criminal judgment executionmanagement agency of the Ministry of Public Security, the criminal judgmentexecution agency of the district-level police office shall compile a dossierand hand over the minor to the reformatory. Such a dossier comprises:
a/ A copy ofthe court judgment or decision;
b/ Thedecision to send the minor to a reformatory:
c/ Theminor's resume certified by the commune-level People's Committee;
d/ Thepersonal identification statement;
e/ Otherrelated documents.
5. Uponreceiving the person subject to the measure of sending to a reformatory (belowreferred to as pupil), the principal of the reformatory shall examine thedossier and make a minutes on the handover and receipt. Within 5 working daysafter receiving the pupil, the principal of the reformatory shall notify thereceipt of the pupil to his/her parents or lawful representative.
Article 125. Postponement of the serving of the measure ofsending to a reformatory
1. A minormay be allowed to postpone the serving of the measure of sending to areformatory in the following cases:
a/ He/she isseriously ill, receiving an intensive medical care or physically unable lo moveas certified by a medical treatment establishment or a hospital of district orhigher level;
b/ He/she hasanother plausible reason as certified by the head of the criminal judgmentexecution agency of the district-level police office,
2. Thecriminal judgment execution agency of the district-level police office shallcarry out procedures for requesting the court which has issued the decision toapply the measure of sending to a reformatory to consider and decide on thepostponement. The court issuing the decision to postpone the serving of thejudicial measure shall send this decision to the criminal judgment executionagency of the district-level police office, the same-level procuracy and theperson allowed to postpone the serving of the judicial measure.
3. When thereason for postponement specified in Clause 1 of this Article no longer exists,the criminal judgment execution agency of the district-level police officeshall notify such to the court for issuance of an execution decision.
Article 126. Handling of cases in which persons subject tothe judicial measure of sending to a reformatory escape
1. In case aperson against whom a decision to apply the measure of sending to a reformatoryhas been issued escapes, the criminal judgment execution agency of thedistrict-level police office of the place in which he/she resides shall issue adecision lo pursue and take him/her back to the reformatory and report resultsto the criminal judgment execution management agency of the Ministry of PublicSecurity.
2. Upondetecting a run-away person subject to the judicial measure who is beingpursued, an individual, family, agency or organization shall report such to thenearest police office or administration or arrest and take him/her lo such anagency. Upon receiving and detaining such person, the police office shall makea minutes thereon and promptly send him/her to a reformatory.
Article 127. Management of pupils
1. Pupilsshall submit to supervision and management of cadres and teachers ofreformatories and strictly observe these reformatories' internal rules.
2. Dependingon the pupils' age, gender, education as well as the nature and severity ofoffenses, reformatories shall divide pupils into groups and classes and assignteachers to directly take charge of them.
3. In case apupil escapes, the principal of the reformatory shall issue a pursuit decisionand organize the pursuit. The period during which a pupil escapes shall not beincluded in the period of execution of the measure of sending to a reformatory.A run-away pupil who resists the arrest will be subject to a necessary coercivemeasure as specified by law. People's Committees and police offices at alllevels shall coordinate with one another in pursuing and arresting run-awaypupils. Anyone who detects a pursued pupil shall promptly notify such to thenearest police office or People's Committee or arrest and take him/her to suchan agency.
Uponarresting or receiving a run-away pupil, the police office shall make a writtenminutes take testimonies of, detain and manage such person, and promptly notifysuch to the reformatory which has issued a pursuit decision. Upon receivingsuch notification, the reformatory shall promptly send a person to receive andtake the run-away pupil back to the reformatory. The handover and receipt ofrun-away pupils must be recorded in minutes. The detention period shall beincluded in the period of execution of the measure of sending to a reformatory.
Article 128. Implementation of transfer orders
1. Uponreceiving a written request of a competent procedure-conducting agency orperson for transfer of a pupil, the head of the criminal judgment executionmanagement agency of the Ministry of Public Security shall issue a transferorder.
2. Whennecessary to transfer a pupil for educational or medical examination andtreatment purposes, the principal of the reformatory shall issue a transferorder.
3. A transferorder must contain details specified in Clause 4, Article 35 of this Law.
4. Thetransfer-requesting agency shall receive the transferred pupil and returnhim/her to the reformatory within the time limit indicated in the transferorder, and make a minutes of the handover and receipt. Expenses for travel andaccommodation of transferred pupils shall be paid from the state budget byagencies receiving them.
The transferperiod shall be included in the period of serving the measure of sending to areformatory.
Article 129. General education, vocational educational andjob training
1. Pupils inreformatories shall be provided with general education, vocational educationand job training under programs promulgated by the Ministry of Education andTraining, the Ministry of Public Security and the Ministry of Labor, WarInvalids and Social Affairs.
Generaleducation is compulsory for pupils who have not yet completed primary educationor lower secondary education. Appropriate forms of education shall be organizedfor other pupils depending on practical capability and conditions.
2. Afterclass, pupils shall participate in labor activities organized by theirreformatories. Reformatories shall assign jobs suitable to the age and healthof pupils so as to assure their normal physical development and may not assignheavy, dangerous or hazardous jobs to them.
The labortime of a pupil must not exceed 2 hours per day. The learning and labor lime ofa pupil must not exceed 7 hours per day and 35 hours per week.
Pupils' laborfruits shall be used for improving their living and learning conditions.
3. Pupils areentitled to days off being Saturdays, Sundays and public holidays as specifiedby law.
4. Expensesfor purchase of textbooks and notebooks and learning equipment for pupils shallbe covered by the state budget.
Article 130. Examination, assessment and grading of pupilsand organization of exams
1.Reformatories shall organize examination, assessment and ranking of theirpupils and organize term, year-end and grade exams, exams for selection ofexcellent pupils or other exams.
2. Markbooks, school reports, dossiers and forms relevant to the learning of pupilsshall be made according to forms uniformly set by the Ministry of Education andTraining.
3. Generaleducation and job training certificates granted by reformatories to theirpupils are as valid as certificates granted by general education and jobtraining schools.
Article 131. Cultural, artistic, entertainment andrecreational activities
Afterlearning or laboring hours, pupils may participate in cultural activities, artperformances, sports and physical exercise, read books and newspapers, watchtelevision and other recreational activities organized by reformatories.
Article 132. Meals and clothing of pupils of reformatories
1. Pupils arcentitled to standard rations of rice, vegetable, meat, fish, sugar, fish sauce,seasonings, salt and fuel.
On publicholidays and the calendar new year day, pupils shall be provided with higherfood rations not exceeding three times the normal daily one. On the lunar newyear days, pupils shall be provided with higher food rations not exceeding fivetimes the normal daily one.
Meals forill, diseased or injured pupils shall be prescribed by medical doctors.
Drinkingwater and water for daily-life activities of pupils must be clean water meetingthe criteria prescribed by the health sector.
2. Annually,pupils shall be provided with clothing, blankets, mats, mosquito nets and otheritems for daily-life use. Female pupils will be additionally provided withitems necessary for their personal hygiene.
3. TheGovernment shall specify this Article.
Article 133. Lodging conditions and daily-life items ofpupils
1. Dependingon the gender, age, personal characteristics, nature and severity of offense ofeach pupil, a reformatory shall arrange a suitable lodging place for him/her ina communal room. Such a room must be airy in summer, tight in winter andenvironmentally sanitary. The minimum sleeping space for each pupil is 2.5square meters (m2).
2. Pupilsshall be provided with beds and mats and may use their personal items in dailylife activities, except those banned in reformatories-Items necessary for dailylife activities of pupils shall be lent or provided by reformatories.
Article 134. Healthcare for pupils
1. Pupilsshall be given periodical health checks. Ill, diseased or injured pupils shallbe treated in medical facilities of reformatories. For pupils whose illness,diseases or injuries are beyond the treatment capacity of their reformatories,their principals shall decide to send them to a state medical treatmentestablishment. Expenses for medical examination and treatment shall be paid byreformatories.
2. Expensesfor medical examination and treatment specified in Clause 1 of this Articleshall be paid under the Government's regulations. Expenses for detoxificationor treatment of drug-addicted or HTV/AIDS-affected pupils in thesereformatories shall be paid as stale allocations for drug addict detoxificationcenters within prescribed limits upon request of the criminal judgmentexecution management agency of the Ministry of Public Security. For pupils allowedto leave reformatories for medical treatment in their families, their familiesshall pay medical examination and treatment expenses.
Article 135. Handling of cases in which pupils die
In case apupil dies, the principal of his/her reformatory shall promptly notify such tothe provincial-level investigative agency and procuracy of the place in whichthe pupil dies for identifying the causes of the death and concurrently notifysuch to his/her relatives.
Afterobtaining permission of the investigative agency and procuracy for burial, thereformatory shall organize the burial and report such to the criminal judgmentexecution management agency of the Ministry of Public Security for notificationto the court which has issued the decision to apply the measure of sending to areformatory. Burial expenses shall be paid by the state budget. In caserelatives of the deceased wish to organize the burial themselves and pay burialexpenses, the corpse of the deceased shall be handed over to their relatives.The burial shall be conducted in a secure, order and environmentally hygienemanner.
Article 136. Visits, correspondence and receipt of money,items and personal possessions of pupils
1. Pupils maymeet their relatives at places of reception in their reformatories and strictlycomply with regulations on visits.
2. Pupils maysend and receive letters and presents, except liquor, beer, cigarettes, otherstimulants and banned articles and cultural matters. Reformatories shall checkletters and presents before they are sent or received by pupils. Pupils shalldeposit their money or valuable papers at their reformatories for managementand use under regulations of the reformatories.
Article 137. Termination of the serving of the measure ofsending to a reformatory
A pupil whohas served half of the term of the of sending to a reformatory and activelylearned and trained him/herself and properly observed internal rules of thereformatory 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 forahead-of-time termination of the serving of the measure. The court issuing thetermination decision shall send it to the pupil. the reformatory, the courtwhich has issued the decision to apply the measure of sending to a reformatory,the same-level procuracy, and the criminal judgment execution management agencyof the Ministry of Public Security. Upon receiving the decision, the principalof the reformatory shall carry out procedures for discharging the pupil.
Article 138. Commendation, reward, and handling ofviolations
1. Pupils whohave strictly observed the law and internal rules of reformatories, recordedgood or better learning results or merits are entitled to the following formsof commendation or reward under decisions of reformatory principals:
a/ Receivingcommendation, certificates of merit or presents;
b/ Going onsightseeing trips organized by the reformatory.
2. Pupils whohave violated learning or labor discipline or committed other acts in violationof internal rules of reformatories shall, depending on the nature and severityof their violations, be subjected to the following measures under decisions ofreformatory principals:
a/ Reprimand;
b/ Caution;
c/ Specialeducation in a separate room.
Pupilssubject to special education shall make written self-criticisms and criticizethemselves before their group or class.
3. Decisionson commendation, reward or handling of violations shall be inserted in dossiersof pupils.
Article 139. Procedures for pupils to be discharged fromreformatory
1. At least 1month before the expiration of the term of the measure of sending to areformatory for a pupil, the principal of the reformatory shall notify inwriting the commune-level People's Committee of the locality in which suchpupil will come to reside and his/her family of the date of discharge from thereformatory.
2. On thelast day of the term of the measure of sending to a reformatory, the principalshall issue a certificate of complete serving of the measure for the dischargedpupil and send it to the criminal judgment execution management agency of theMinistry of Public Security, the court which has issued the decision to applythe measure and the commune-level People's Committee of the place in which suchpupil will come to reside.
3. Whendischarged from a reformatory, a pupil shall return all items lent by thereformatory and may receive his/her money, articles and personal possessions previouslydeposited at the reformatory, certificates of general education and jobtraining, travel fare and meal allowance for their return to their places ofresidence. For a pupil who has made no considerable improvement by theexpiration of the term of the measure of sending to a reformatory, thereformatory principal shall make a separate assessment and propose subsequenteducational measures to be applied by the commune-level People's Committee andthe criminal judgment execution agency of the district-level police office ofthe place in which such person will come to reside.
4. For apupil who has completely served the measure of sending to a reformatory butwhose parents and place of residence arc unknown, the reformatory shall contactand request the commune-level People's Committee of the place in which it isbased to provide housing and employment or learning supports.
5. For anunder-16, ill or diseased pupil who has no relative coming to receive him/heron the date of discharge, the reformatory shall assign a person to bringhim/her back to his/her family or hand him/her over to the commune-levelPeople's Committee of the place in which he/ she will come to reside.
6. Within 10days after the dale of discharge, a pupil who has completely served the measureof sending to a reformatory shall report him/herself to the commune-levelPeople's Committee of the place in which he/she comes to reside.
Article 140. Expenses for execution of the measure ofsending to a reformatory
1. Expensesfor execution of the measure of sending to a reformatory shall be paid by thestate budget. The criminal judgment execution management agency of the Ministryof Public Security shall make annual budget estimates for execution of themeasure of sending to a reformatory and incorporate them in its annual budgetestimates for submission to the Ministry of Finance for consideration andsubmission to a competent authority for decision.
2.Reformatories may receive material supports of local People's Committees,domestic agencies, organizations and individuals, foreign individuals andorganizations for organizing general education, vocational education, jobtraining, and purchase of learning equipment and daily-life items for theirpupils.
Chapter XI
INSPECTION OF EXECUTIONOF CRIMINAL JUDGMENTS
Article 141. Tasks and powers of procuracies in inspectingcriminal judgment execution
In inspectingcriminal judgment execution, a procuracy has the following tasks and powers:
1. To requestcourts at the same level and lower levels to issue decisions to executecriminal judgments in accordance with law;
2. To requestcourts, criminal judgment execution agencies, agencies and organizationsassigned to perform some tasks of criminal judgment execution to self-examinetheir criminal judgment execution and notify examination results to it; tosupply dossiers and documents related to criminal judgment execution;
3. To detectand promptly handle illegal acts in the criminal judgment execution accordingto its competence; to decide on immediate release of persons currently servinggroundless and unlawful prison sentences;
4. To inspecton a periodical or extraordinary basis the observance of law in the judgmentexecution by criminal judgment execution agencies at the same level and lowerlevels, agencies and organizations assigned to perform some tasks of criminaljudgment execution; to inspect criminal judgment execution dossiers of criminaljudgment execution agencies at the same level and lower levels, and agenciesand organizations assigned to perform some tasks of criminal judgmentexecution. Provincial-level people's procuracies shall directly inspect theobservance of law, make protests, proposals or requests regarding the executionof prison sentences by local prisons;
5. To requestexemption from, postponement, suspension or termination of the serving ofsentences; to participate in the consideration of reduction of the term of orexemption from serving sentences or judicial measures, or reduction of theprobation term:
6. To makeprotests, proposals or requests regarding the execution of criminal judgmentsby courts, criminal judgment execution agencies at the same level and lowerlevels, agencies and organizations assigned to perform some tasks of criminaljudgment execution and related persons; to request termination of theexecution, amendment or annulment of unlawful decisions in the criminaljudgment execution; to terminate illegal acts;
7. To receiveand settle complaints and denunciations about management and education ofpersons subject to prison sentence; to inspect the observance of law in thesettlement of complaints and denunciations about criminal judgment execution;
8. Toinstitute lawsuits or request investigative agencies to institute criminallawsuits upon detecting signs of crime in the criminal judgment execution underlaw.
Article 142. Inspection of the observance of law in thesettlement of complaints and denunciations
1.Procuracies shall directly inspect the settlement of complaints anddenunciations by courts, criminal judgment execution management agencies,criminal judgment execution agencies, and agencies and organizations assignedto perform some tasks of criminal judgment execution.
2. Ininspecting the settlement of complaints and denunciations in the criminaljudgment execution, procuracies may request courts, criminal judgment executionmanagement agencies, criminal judgment execution agencies. and agencies andorganizations assigned to perform some tasks of criminal judgment execution atthe same level and lower levels:
a/ To issuedocuments on settlement of complaints and denunciations under Chapter XIII ofthis Law;
b/ To examinethe settlement of complaints and denunciations falling within their competenceand by their subordinates; to notify settlement results to procuracies;
c/ To supplydossiers and documents relevant to the settlement of complaints anddenunciations to procuracies.
Article 143. Settlement of proposals, protests and requests,execution of procuracy decisions on criminal judgment execution
Agencies,organizations and individuals involved in the criminal judgment executionshall, within the ambit of their tasks and powers, examine, settle and reply toproposals, protests and requests, and execute procuracy decisions on criminaljudgment execution.
Within 15days after receiving protests specified in Clause 6, Article 141 of this Law,courts, criminal judgment execution management agencies, criminal judgmentexecution agencies, or agencies or organizations assigned to perform some tasksof criminal judgment execution shall issue replies. In case of disagreementwith these protests, these agencies and organizations may lodge complaints withimmediate superior procuracies, which shall settle these complaints within 15days after receiving them. Decisions of immediate superior procuracies must beexecuted.
Criminaljudgment execution agencies shall promptly execute decisions specified inClause 3. Article 141 of this Law. Even if disagreeing with these decisions,they shall still execute them but may lodge complaints with immediate superiorprocuracies. Within 10 days after receiving a complaint, the director of theimmediate superior procuracy shall settle it.
Chapter XII
GUARANTEE OF CONDITIONSFOR EXECUTION OF CRIMINAL JUDGMENTS
Article 144. Guarantee of payrolls and personnel forcriminal judgment execution
1. The Slateshall assure necessary payrolls and personnel for criminal judgment executionmanagement agencies and criminal judgment execution agencies.
2. Personsengaged in criminal judgment execution must be provided with professionaltraining and legal knowledge necessary for their assigned tasks and powers.
Article 145. Guarantee of physical foundations for criminaljudgment execution
Based onrequirements of criminal judgment execution, areas of operation andsocio-economic conditions, the State shall assure physical foundations ofcriminal judgment execution management agencies and criminal judgment executionagencies, including land, offices and other works; equipment, weapons,supporting tools, vehicles, communications and professionally technicalequipment and other physical and technical conditions. It shall prioritizeassurance of physical foundations of agencies located in deep-lying, remote andmountainous regions, regions meeting with exceptional difficulties and areas ofstrategic importance to national security, social order and safety.
Article 146. Equipping and use of weapons, professionallytechnical equipment and supporting tools in criminal judgment execution
Whileexecuting criminal judgments, officers, non-commissioned officers, professionalservicemen and soldiers of the People's Public Security Force and the People'sArmy shall be equipped with and allowed to use weapons, professionallytechnical equipment and supporting tools in accordance with law.
Article 147. Database on criminal judgment execution
1. Thedatabase on criminal judgment execution managed by the Ministry of PublicSecurity constitutes part of the national database system of crime preventionand combat information and serves the state management of criminal judgmentexecution.
2. Thedevelopment, data collection, storage, processing, protection, exploitation anduse of the database on criminal judgment execution shall be specified by theGovernment.
Article 148. Allocation of funds for criminal judgmentexecution
The Stateshall allocate funds for criminal judgment execution activities. Theestimation, use and settlement of funds for criminal judgment executionactivities comply with the Law on the State Budget.
Article 149. Entitlements and policies for agencies,organizations and individuals engaged in criminal judgment execution
1. Cadres,civil servants; workers and public employees of the People's Public SecurityForce; defense workers and public employees and other persons performingcriminal judgment execution tasks are entitled to entitlements and preferentialpolicies 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 ofthe People's Army performing criminal judgment execution tasks may be bestowedwith titles or promoted to higher ranks of people's armed forces and enjoyentitlements arid preferential policies provided for by law.
3. Agencies,organizations and individuals that record merits in the execution of criminaljudgments shall be commended and rewarded. Persons who suffer loss of life,health or property and their families enjoy entitlements and policies providedfor by law.
Chapter XIII
SETTLEMENT OFCOMPLAINTS AND DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION
Section L COMPLAINTS IN CRIMINAL JUDGMENT EXECUTION ANDSETTLEMENT THEREOF
Article 150. Right to lodge complaints in criminal judgmentexecution
1. Criminallysentenced persons and other related agencies, organizations and individuals maylodge complaints about decisions or acts of agencies and persons competent toexecute criminal judgments if they have grounds to believe that these decisionsor acts are unlawful and infringe upon their lawful rights and interests.
2. Thestatute of limitations for lodging first-lime complaints is 30 days afterreceiving or becoming aware of a decision or an act of criminal judgmentexecution which (he complainant considers unlawful.
In case aperson is unable to lodge his/her complaint within the statute of limitationsdue to illness, natural disaster or enemy sabotage or working or learning faraway or another objective impediment, the period during which such impedimentexists shall be excluded from the statute of limitations for lodgingcomplaints.
Forsubsequent complaints, the applicable statute of limitations is 15 days afterreceiving a complaint settlement decision of a competent person.
Article 151. Cases in which a complaint about criminaljudgment execution is not accepted for settlement
1. Thecomplained decision or act is not directly related to the lawful rights andinterests of the complainant.
2. Thecomplainant has neither full civil act capacity nor a lawful representative,unless otherwise provided by law.
3. Therepresentative has not paper evidencing that his/her representation is lawful.
4. Thestatute of limitations for lodging a complaint has expired.
5. Thecomplaint has been already settled under a legally effective decision.
Article 152. Competence to settle complaints in criminaljudgment execution
1.Chairpersons of commune-level People's Committees shall settle complaints aboutunlawful decisions or acts of agencies, organizations and individuals assignedto supervise and educate persons serving criminal sentences in their communes,wards or townships.
2. Heads ofcriminal judgment execution agencies of district-level police offices shallsettle complaints about:
a/ Unlawfuldecisions or acts of deputy heads, officers, non-commissioned officers andsoldiers under their agencies' management, except the case specified in Clause8 of this Article;
b/ Unlawfuldecisions or acts of chairpersons of commune-level People's Committees;
c/ Complaintsettlement decisions of chairpersons of commune-level People's Committees.Their legally effective complaint settlement decisions.
3.District-level police chiefs shall settle complaints about:
a/ Unlawfuldecisions or acts of heads of criminal judgment execution agencies ofdistrict-level police offices;
b/ Complaintsettlement decisions of heads of criminal judgment execution agencies ofdistrict-level police offices. Their legally effective complaint settlementdecisions.
4. Heads ofcriminal judgment execution agencies of provincial-level police departmentsshall settle complaints about unlawful decisions or acts of officers,non-commissioned officers and soldiers under their agencies' management, exceptthe case specified in Clause 8 of this Article.
5. Directorsof provincial-level police departments shall settle complaints about:
a/ Unlawfuldecisions or acts of heads of criminal judgment execution agencies ofprovincial-level police departments;
b/ Complaintsettlement decisions of heads of criminal judgment execution agencies ofprovincial-level police departments and district-level police chiefs. Theirlegally effective complaint settlement decisions.
6. The headof the criminal judgment execution management agency of the Ministry of PublicSecurity 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. TheMinister of Public Security shall settle complaints about:
a/ Unlawfuldecisions or acts of the head of the criminal judgment execution managementagency of the Ministry of Public Security, except the case specified in Clause8 of this Article;
b/ Complaintsettlement decisions of directors of provincial-level police departments andthe head of the criminal judgment execution management agency of the Ministryof Public Security, except the case specified in Clause 8 of this Article.His/her legally effective complaint settlement decisions.
8. Chairmenof provincial-level, military zone-level and district-level procuracies shallsettle complaints about unlawful decisions or acts of persons assigned tomanage and educate inmates in performing their assigned tasks. Chairmen ofhigher-level procuracies are competent to settle complaints about decisions oflower-level procuracies. Complaint settlement decisions of chairmen ofhigher-level procuracies are legally effective for execution.
Article 153. Competence to settle complaints about criminaljudgment execution in the People's Army
1. Heads ofcriminal judgment execution agencies of military zones shall settle complaintsabout unlawful decisions or acts of officers, professional servicemen, non­commissionedofficers and soldiers of army units and criminal judgment execution agencies ofmilitary zones in criminal judgment execution, except the case specified inClause 8, Article 152 of this Law.
2. Militaryzone commanders and holders of equivalent ranks shall settle complaints about:
a/ Unlawfuldecisions or acts of heads of criminal judgment execution agencies of militaryzones, except the case specified in Clause 8, Article 152 of this Law;
b/ Complaintsettlement decisions of heads of criminal judgment execution agencies ofmilitary zones, except the case specified in Clause 8. Article 152 of this Law.Their legally effective complaint settlement decisions.
3. The headof the criminal judgment execution management agency of the Ministry ofNational Defense shall settle complaints about unlawful decisions or acts ofofficers, non­commissioned officers, professional servicemen and soldiers underhis/her agency's management, except the case specified in Clause 8. Article 152of this Law.
4. TheMinister of National Defense shall settle complaints about:
a/ Unlawfuldecisions or acts of the head of the criminal judgment execution managementagency of the Ministry of National Defense, except the case specified in Clause8, Article 152 of this Law;
b/ Unlawfuldecisions or acts of military zone commanders and holders of equivalent ranks,except the case specified in Clause 8, Article 152 of this Law;
c/ Complaintsettlement decisions of the head of the criminal judgment execution managementagency of the Ministry of National Defense, military-zone commanders andholders of equivalent ranks, except the case specified in Clause 8, Article 152of this Law. His/her legally effective complaint settlement decisions.
Article 154. Rights and obligations of complainants incriminal judgment execution
1. Acomplainant has the following rights:
a/ Topersonally lodge his/her complaint or authorize his/her lawful representativeto do so;
b/ To lodgecomplaints in any stage of the criminal judgment execution process;
c/ Towithdraw his/her complaints in any stage of the complaint settlement process;
d/ To receivewritten replies on complaint settlement;
e/ To havehis/her infringed lawful rights and interests restored and receivecompensations for damage in accordance with law.
2. Acomplainant has the following obligations:
a/ Totruthfully report on the case and provide information and documents to thecomplaint-settling person; to take responsibility before law for reportedcontents and provided information and documents;
b/ To abideby legally effective complaint settlement decisions.
Article 155. Rights and obligations of complained persons incriminal judgment execution
1. Acomplained person has the following rights:
a/ To furnishproof of the lawfulness of his/ her complained criminal judgment executiondecision or act:
b/ To receivea document on the settlement of the complaint about his/her criminal judgmentexecution decision or act.
2. Acomplained person has the following obligations:
a/ To explainhis/her complained criminal judgment execution decision or act. and providerelevant information and documents at the request of competent agencies,organizations and individuals;
b/ To abideby legally effective complaint settlement decisions.
Article 156. Tasks and powers of persons competent to settlecomplaints in criminal judgment execution
A personcompetent to settle complaints in criminal judgment execution has the followingtasks and powers:
1. To receiveand settle complaints about criminal judgment execution decisions or acts:
2. To requestcomplainants and complained persons to give explanations and provideinformation and documents relevant to the complaints;
3. To notifyin writing the acceptance of complaints for settlement and send settlementdecisions to complainants:
4. To takeresponsibility before law for their settlement of complaints.
Article 157. Time limit for settlement of complaints incriminal judgment execution
1. The timelimit for settlement of a first-time complaint is 15 days after this complaintis accepted for settlement.
2. The timelimit for settlement of a second-lime complaint is 30 days after this complaintis accepted for settlement.
3. The timelimit for settlement of a complaint may be prolonged when necessary incomplicated cases for 30 days at most after the expiration of the prescribedtime limit.
Article 158. Complaints about elaboration of a list ofpersons proposed to enjoy amnesty and settlement thereof
The lodgingof complaints about elaboration of a list of persons proposed to enjoy amnestyand the competence and time limit for settlement of these complaints complywith Articles 32 and 33 of the Law on Amnesty.
Article 159. Receipt and acceptance for settlement ofcomplaints in criminal judgment execution
1. Competentagencies and persons shall receive all complaints in criminal judgmentexecution. Within 24 hours after receiving complaints lodge by inmates asspecified in Clause 8, Article 152 of this Law. wardens of prisons or detentioncamps and heads of criminal judgment execution agencies of district-levelpolice offices shall promptly forward these complaints to competentprocuracies.
2. Within 3working days after receiving complaints, competent agencies and persons definedin Articles 152 and 153 of this Law and Clause 1 of this Article shall acceptthem for settlement and notify in writing complainants of the acceptance. Incase of refusal to accept a complaint for settlement, they shall reply inwriting clearly stating the reason.
Article 160. Dossiers for settlement of complaints incriminal judgment execution
1. Acomplaint settlement dossier comprises:
a/ Writtencomplaint or written record of complaint details;
b/ Writtenexplanations of the complained person;
c/ Writtenrecords of appraisal, verification and conclusion;
d/ Complaintsettlement decision; e/ Other related documents.
2. Complaintsettlement dossiers shall be numbered and preserved at complaint-settling agencies.
Article 161. Order of settlement of first-time complaints incriminal judgment execution
Afteraccepting a complaint for settlement, a person competent to settle complaintsdefined in Articles 152 and 153 of this Law shall verify it by requesting thecomplainant and the complained person to give explanations and provideinformation and documents relevant to the complaint and meeting concernedagencies, organizations and individuals to clarify complaint details, and issuea first-time complaint settlement decision.
Should,within the statute of limitations prescribed by law. the complainant make nofurther complaint, the first-time complaint settlement decision will becomelegally effective for execution.
Article 162. Contents of first-time complaint settlementdecisions in criminal judgment execution
A first-timecomplaint settlement decision must contain the following principal details:
1. Date ofissuance;
2. Full namesand addresses of the complainant and complained person;
3. Complaintdetails;
4. Results ofverification of complaint details;
5. Legalgrounds for the settlement of the complaint;
6. Conclusionthat the complaint is totally right, partially right or totally wrong;
7. Upholding,modification, cancellation or request for partial modification or cancellationof the complained decision or forced termination of the execution of thecomplained decision or complained act;
8.Compensation for damage and remedy of consequences caused by the unlawfuldecision or act;
9. Guidanceon the right of the complainant to lodge further complaints.
Article 163. Procedures for settlement of second-timecomplaints in criminal judgment execution
1. In case offurther lodging a complaint, a complainant shall send a written complaintenclosed with a copy of the first-time complaint settlement decision andrelevant documents to a person competent to settle second-time complaints.
2. In thecourse of second-time complaint settlement, a person competent to settlecomplaints defined in Articles 152 and 153 of this Law may request the personwho has settled the first-time complaint and concerned agencies, organizationsand individuals to provide information and documents related to complaintdetails; summon the complained person and the complainant when necessary; andshall conduct verification and take other measures specified by law to settlethe complaint. Upon receiving a request, agencies, organizations andindividuals shall comply with such request. Second-time complaint settlementdecisions are legally effective for execution.
Article 164. Contents of a second-time complaint settlementdecision in criminal judgment decisions
1. Date ofissuance.
2. Full namesand addresses of the complainant and complained person.
3. Complaintdetails.
4. Results ofverification of complaint details.
5. Legalgrounds for the settlement of the complaint.
6. Conclusionon complaint details and the settlement by the person competent to settle thefirst-time complaint.
7. Upholding,modification, cancellation or request for partial modification or cancellationof the complained decision or forced termination of the execution of thecomplained decision or complained act; compensation for damage and remedy ofconsequences caused by the unlawful decision or act.
Section 2. DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION ANDSETTLEMENT THEREOF
Article 165. Persons with the right to lodge denunciationsin criminal judgment execution
Sentencedpersons and all citizens may lodge with competent agencies and persons denunciationsabout illegal acts of any competent persons in criminal judgment executionwhich cause or threaten to cause damage to the interests of the State and thelawful rights and interests of agencies, organizations or individuals.
Article 166. Rights and obligations of denouncers incriminal judgment execution
1. Adenouncer has the following rights:
a/ To lodgewritten denunciations with or make verbal denunciations to competent agenciesor persons;
b/ To requestconfidentiality of his/her full name, address and writings;
c/ To requestnotification of denunciation settlement results;
d/ To requestprotection by a competent agency against intimidation or revenge.
2. Adenouncer has the following obligations:
a/ Totruthfully present denunciation details;
b/ To clearlyindicate his/her full name and address;
c/ To takeresponsibility before law for untruthful denunciation.
Article 167. Rights and obligations of denounced persons incriminal judgment execution
1. Adenounced person has the following rights:
a/ To benotified of denunciation details;
b/ To furnishproof of the untruthfulness of denunciation details:
c/ To havehis/her infringed lawful rights and interests and honor restored, to receivecompensation for damage caused by an untruthful denunciation;
d/ To requesta competent agency, organization or person to handle the person making anuntruthful denunciation.
2. Adenounced person has the following obligations:
a/ To explainhis/her denounced act, and provide relevant information and documents at therequest of competent agencies or persons;
b/ To abideby denunciation settlement decisions of competent agencies or persons;
c/ To paycompensation for damage and remedy consequences caused by his/her illegal act.
Article 168. Competence, time limit and procedures fordenunciation settlement
1. Thecompetence to settle denunciations is as follows:
a/Denunciations about illegal acts in criminal judgment execution shall besettled by heads of agencies or organizations which manage denounced persons;
b/Chairpersons of commune-level People's Committees shall settle denunciationsabout illegal acts of commune-level police chiefs;
c/District-level police chiefs shall settle denunciations about illegal acts ofheads of criminal judgment execution agencies of district-level police offices;
d/Chairpersons of district-level People's Committees shall settle denunciationsabout illegal acts of chairpersons of commune-level People's Committees;
e/ Directorsof provincial-level police departments shall settle denunciations about illegalacts of heads of criminal judgment execution agencies of provincial-levelpolice departments;
f/ Militaryzone commanders and holders of equivalent ranks shall settle denunciationsabout illegal acts of heads of criminal judgment execution agencies of militaryzones;
g/ TheMinister of Public Security and the Minister of National Defense shall settledenunciations about illegal acts of heads of criminal judgment executionmanagement agencies:
h/ Directorsof competent procuracies shall settle denunciations about illegal acts ofpersons assigned to manage and educate inmates.
2. The timelimit for settlement of a denunciation is 60 days after the date of itsacceptance. This time limit may be prolonged for settlement of denunciations incomplicated cases but must not exceed 90 days.
3.Denunciations about illegal acts showing signs of crime shall be settled underthe Criminal Procedure Code.
Article 169. Responsibilities of persons competent to settledenunciations
1. Competentagencies and persons shall, within the ambit of their tasks and powers, receiveand settle denunciations in a prompt and lawful manner; strictly handleviolators; take necessary measures to prevent damage; and assure that theirsettlement decisions are strictly executed and take responsibility before lawfor their decisions.
2. Personscompetent to settle denunciations who fail to settle denunciations or lackresponsibility in settling denunciations or unlawfully settle denunciationsshall, depending on the nature and severity of their violations, be disciplinedor examined for penal liability. If causing damage, they shall paycompensations under law.
Chapter XIV
TASKS AND POWERS OFSTATE AGENCTES IN THE MANAGEMENT OF CRIMINAL JUDGMENT EXECUTION
Article 170. Tasks and powers of the Government in the statemanagement of criminal judgment execution
1. To performunified state management of criminal judgment execution nationwide.
2. To directits attached agencies and provincial-level People's Committees in executingcriminal judgments.
3. Tocoordinate with the Supreme People's Court and the Supreme People's Procuracyin executing criminal judgments.
4. Toannually report on criminal judgment execution to the National Assembly .
Article 171. Tasks and powers of the Ministry of PublicSecurity in the management of criminal judgment execution
1. TheMinistry of Public Security is answerable to the Government for performing theunified state management of criminal judgment execution and has the followingtasks and powers:
a/ Topromulgate or submit to competent agencies for promulgation legal documents onexecution of criminal judgments;
b/ Toformulate, and organize the implementation of. policies and plans on criminaljudgment execution; to direct and organize the implementation of legaldocuments on execution of criminal judgments;
c/ To suspendor annul according to its competence or propose competent authorities to annulregulations on execution of criminal judgments which are contract to this Law;
d/ Topromulgate forms, papers and books on criminal judgment execution;
e/ Todisseminate and educate about the law on execution of criminal judgments;
f/ To managethe organizational system. payrolls and operation of criminal judgmentexecution agencies in the People's Public Security Force under this Law; todecide on the establishment of criminal judgment execution agencies in thePeople's Public Security Force under this Law; to train and retrain officers,non­commissioned officers, soldiers, workers and public employees of thePeople's Public Security Force in criminal judgment execution; to train,retrain, direct and professionally guide cadres, civil servants and staffmembers of agencies and organizations assigned to perform some tasks ofcriminal judgment execution;
g/ To directthe Judicial Assistance Police in coordinated pursuit of run-away sentencedpersons; to escort persons against whom decisions to execute criminal judgmentshave been issued for judgment execution: to dismiss or hold in custody personswho commit acts of obstructing or opposing judgment execution; to coordinatewith other People's Armed Forces units and local administrations in proactivelydeploying forces to support the execution of criminal judgments when necessary;to perform other tasks and exercise other powers under this Law;
h/ Toexamine, inspect, commend, reward, and handle violations in the criminaljudgment execution; to settle complaints and denunciations about criminaljudgment execution under this Law;
i/ To decideon plans on allocation of funds and guarantee of conditions for operations ofcriminal judgment execution agencies;
j/ To conductinternational cooperation on criminal judgment execution;
k/ To reviewthe work of criminal judgment execution;
l/ Topromulgate and implement regulations on making of statistics on criminaljudgment execution:
m/ To reporton criminal judgment execution to the Government.
2. TheMinister of Public Security shall base him/herself on requirements of themanagement of persons held in detention or custody to decide to employ personsserving prison sentences of 5 years or less who are not minors, foreigners ordrug addicts and suffer no dangerously infectious disease in detention orcustody work. The number of persons serving prison sentences who are employedin detention or custody work shall be calculated at a certain percentage of thetotal number of persons held in detention or custody but must not exceed 15%.
Article 172. Tasks and powers of the Ministry of NationalDefense in the management of criminal judgment execution
1. TheMinistry of National Defense is responsible for managing the criminal judgmentexecution in the People's Army and has the following tasks and powers:
a/ Topromulgate or submit to competent agencies for promulgation legal documents onexecution of criminal judgments in the People's Army;
b/ To managethe organizational system, payrolls and operation of criminal judgmentexecution agencies in the People's Army: to decide on the establishment ofcriminal judgment execution agencies in the People's Army under this Law;
c/ Tocoordinate with the Ministry of Public Security, the Ministry of Education andTraining and the Ministry of Justice in elaborating programs on law educationand civil education: to coordinate with the Ministry of Public Security inreviewing, making statistics and reporting on criminal judgment execution tothe Government;
d/ To provideprofessional guidance and directions on execution of criminal judgments tomilitary zone-level criminal judgment execution agencies; to disseminate andeducate about the law on execution of criminal judgments in the People's Army;
e/ Tocommend, reward or discipline army-men engaged in the execution of criminaljudgments in the People's Army;
f/ To directthe judicial guard force in coordinated pursuit of run-away sentenced persons;to escort persons against whom decisions to execute criminal judgments havebeen issued for judgment execution: to dismiss or hold in custody persons whocommit acts of obstructing or opposing judgment execution; to coordinate withother people's armed forces units and local administrations in proactivelydeploying forces to support the execution of criminal judgments when necessary;to perform other tasks and exercise other powers under this Law:
g/To examine,inspect, and settle complaints and denunciations and handle violations aboutexecution of criminal judgments in the People's Army under this Law;
h/ To manageand workout plans on allocation of funds and guarantee of physical foundationsand means for criminal judgment execution activities in the People's Army.
2. TheMinister of National Defense shall base him/herself on requirements of themanagement of persons held in detention or custody to decide to employ personsserving prison sentences of 5 years or less who are not minors, foreigners ordrug addicts and suffer no dangerously infectious diseases in detention orcustody work. The number of persons serving prison sentences who are employedin detention or custody work shall be calculated at a certain percentage of thetotal number of persons held in detention or custody but must not exceed 15%.
Article 173. Tasks and powers of the Supreme People's Courtin criminal judgment execution
1. Tocoordinate with (he Ministry of Public Security, the Supreme People's Procuracyand other concerned agencies in promulgating legal documents on execution ofcriminal judgments.
2. To guidecourts at all levels in issuing criminal judgment execution decisions; tocoordinate with agencies and organizations defined in Clauses 1, 2 and 3,Article 10 of this Law in the execution of criminal judgments.
3. Tocoordinate with the Ministry of Public Security and the Ministry of NationalDefense in reviewing the execution of criminal judgments.
4. Tocoordinate with the Ministry of Public Security in implementing regulations onstatistics and reporting on criminal judgment execution.
Article 174. Tasks and powers of the Supreme People's Procuracyin criminal judgment execution
1. Tocoordinate with the Ministry of Public Security, the Supreme People's Court andother concerned agencies in promulgating legal documents on execution ofcriminal judgments.
2. To inspectand direct procuracies at all levels in inspecting the execution of criminaljudgments under this Law and other relevant laws.
3. Tocoordinate with the Ministry of Public Security and the Ministry of NationalDefense in reviewing the execution of criminal judgments.
Article 175. Tasks and powers of the Ministry of Justice incriminal judgment execution
1. Tocoordinate with the Ministry of Education and Training, the Ministry of PublicSecurity and the Ministry of National Defense in elaborating programs on laweducation and civic education and to disseminate and educate about the law onexecution of criminal judgments.
2. To directcivil judgment execution agencies in coordinating with prisons, detention campsand criminal judgment execution agencies of provincial-level police departments,district-level police offices and military zones in providing information andhanding over papers, money and assets related to inmates who are subject to thefine or asset confiscation penalty or other civil obligations or in favor ofwhom civil judgments arc enforced.
Article 176. Tasks and powers of the Ministry of Health incriminal judgment execution
The Ministryof Health shall coordinate with the Ministry of Public Security and theMinistry of National Defense in directing and guiding the disease and epidemicprevention and combat, providing medical examination and treatment for inmatesand reformatory pupils: and organize specialized medical establishments toexecute the judicial measure of compulsory medical treatment under this Law.
Article 177. Tasks and powers of the Ministry of Labor. WarInvalids and Social Affairs in criminal judgment execution
The Ministryof Labor, War Invalids and Social Affairs shall coordinate with the Ministry ofPublic Security in directing and guiding the organization of work, job trainingand implementation of regimes and policies for inmates and reformatory pupils.
It shalldirect provincial-level Departments of Labor. War Invalids and Social Affairsand social relief centers in receiving, caring for and nurturing children ofinmates who have no relatives wanting to care for and nurture them under thisLaw and other relevant laws.
Article 178. Tasks and powers of the Ministry of Educationand Training in criminal judgment execution
The Ministryof Education and Training shall coordinate with the Ministry of Public Securityin directing and guiding the elaboration of programs and materials, trainingteachers and participating in providing general education for inmates andreformatory pupils under this Law and other relevant laws.
Article 179. Tasks and powers of provincial-level People'sCommittees in criminal judgment execution
1. To directcoordination among concerned agencies and lower-level People's Committees inexecuting the non-custodial reform sentence, additional penalties and suspendedsentences under this Law and other relevant laws.
2. To directspecialized agencies and lower-level People's Committees in adopting and adoptappropriate policies to mobilize contributions and supports of agencies,organizations and enterprises to create favorable conditions for persons whohave completely served their prison sentences to find jobs, stabilize theirlife, learn jobs and integrate themselves into the community.
3. To requestprovincial-level police departments to report on the execution of criminaljudgments in their localities.
Article 180. Tasks and powers of district-level People'sCommittees in criminal judgment execution
1. To directcoordination among concerned agencies and lower level People's Committees inexecuting the non-custodial reform sentence, additional penalties and suspendedsentences under this Law and other relevant laws.
2. To directspecialized agencies and commune-level People's Committees in adopting andadopt appropriate policies to mobilize contributions and supports of agencies.organizations and enterprises in their localities to create favorableconditions for persons who have completely served their prison sentences tofind jobs, stabilize their life, learn jobs and integrate themselves into thecommunity.
3. To requestdistrict-level police offices to report on the execution of criminal judgmentsin their localities.
Chapter XV
IMPLEMENTATIONPROVISIONS
Article 181. Effect
1. This Lawtakes effect on July 1, 2011.
2. The March 8, 1993 Ordinance on Execution of Prison Sentences and Ordinance No.01/2007/UBTVQH12 Amending and Supplementing a Number of Articles of theOrdinance on Execution of Prison Sentences cease to be effective on theeffective date of this Law.
3. As of theeffective date of this Law, if the provisions of the Penal Code and theCriminal Procedure Code concerning execution of the death penalty, prisonsentences, suspended sentences, caution penalty, non-custodial reform sentence,expulsion sentence, probation sentence, residence ban sentence and sentence ofban from holding certain positions, practicing certain professions orperforming certain jobs are different from this Law, the provisions of this Lawwill prevail.
Article 182. Implementation detailing and guidance
TheGovernment, the Supreme People's Court and the Supreme People's Procuracyshall, within the ambit of their tasks and powers, detail and guide theimplementation of articles and clauses of this Law as assigned to them; andguide other necessary contents of this Law to meet state managementrequirements.
This Lawwas passed on June 17, 2010, by the XIIth National Assembly of theSocialist Republic of Vietnam at its 7th session. 

CHAIRMAN OF THE NATIONAL ASSEMBLY


Nguyen Phu Trong

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