LAW
ON EXECUTION OF CRIMINAL JUDGMENTS
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented 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 Law provides the principles, order and procedures, organization, tasks and powers of competent agencies in the execution of judgments and decisions on prison sentence, the death sentence, caution, non-custodial reform, residence ban, probation, expulsion, deprivation of certain civil rights, ban from holding certain positions, practicing certain professions or doing certain jobs, suspended sentence and judicial measures; and the rights and obligations of persons serving criminal sentences or subject to judicial measures; and responsibilities of agencies, organizations and individuals involved in the execution of criminal judgments or judicial measures.
Article 2. Executable judgments and decisions
1. Judgments and decisions which have become legally effective and have had execution decisions:
a) Judgments or parts of judgments of first-instance courts which are not appealed or protested against according to appellate procedures;
b) Judgments of appellate courts;
c) Cassation or reopening decisions of courts.
2. Court judgments or decisions to be executed without delay under the Criminal Procedure Code.
3. Decisions of Vietnamese courts to receive persons currently serving prison sentences in a foreign country to Vietnam to serve their sentences in Vietnam, which have had execution decisions; decisions to transfer persons currently serving a prison sentence in Vietnam to a foreign country.
4. Judgments or 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. Sentenced person means the person who has been convicted of a crime and subjected to a penalty under a legally effective judgment.
2. Inmate means the person currently serving a termed prison sentence or the life sentence.
3. Execution of prison sentence means that a competent agency or person defined in this Law subjects an inmate to incarceration management; education and reformation in order to turn him) her into a person useful to the society.
4. Execution of the death sentence means that a competent agency deprives under this Law a sentenced person of the right to live.
5. Execution of suspended sentence means that a competent agency or person defined in this Law supervises and educates a person subjected to a suspended sentence during the probation term.
6. Execution of non-custodial reform sentence means that a competent agency or person defined 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 a legally effective judgment.
7. Execution of residence ban sentence means that a competent agency or person defined in this Law compels a sentenced person not to temporarily or permanently reside in certain localities under a legally effective judgment.
8. Execution of probation sentence means that a competent agency or person defined in this Law compels a sentenced person to reside and cam a living in a certain locality under the control and education of the local administration and people under a legally effective judgment.
9. Execution of expulsion sentence means that a competent agency or person defined in this Law compels a sentenced person to leave the territory of the Socialist Republic of Vietnam under a legally effective judgment.
10. Execution of the sentence of deprivation of certain civil rights means that a competent agency defined in this Law deprives a sentenced person of certain civil rights under a legally effective judgment.
11. Execution of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs means that a competent agency defined in this Law compels a sentenced person not to hold certain positions, practice certain professions or perform certain jobs under a legally effective judgment.
12. Execution of the judicial measure of compulsory medical treatment means that a competent agency or person defined in this Law compels a person who has committed an act dangerous for the society or a sentenced person who suffers a mental disease or another disease that has deprived him/herof the perception or act control capacity to receive treatment at a compulsory medical treatment establishment under a court or procuracy judgment or decision.
13. Execution of the judicial measure of education in a commune, ward or township means that a competent agency or person defined in this Law compels a minor offender who is not subjected to a penalty to be supervised and educated in a commune, ward or township under a court judgment or decision.
14. Execution of the judicial measure of sending to a reformatory means that a competent agency or person defined in this Law confines a minor offender who is not subjected to a penalty to a reformatory for education under a court or procuracy judgment or decision.
15. Escort for judgment execution means the compelling of a person subject to a prison sentence, the death sentence or expulsion to a place in which he)she will serve the sentence. Escorts shall be equipped with and may use weapons, supporting tools and other necessary devices as prescribed by law.
16. Transfer means the implementation of a decision of a competent person defined in this Law to take an inmate, a person sentenced to death or a person serving the judicial measure of sending to a reformatory out of the place of management and deliver him/herto a competent agency or person for assisting in investigation, prosecution and trial activities, medical examination and treatment or incarceration management for a certain period.
17. Personal identification statement means a document containing brief information on the personal history, identification characteristics, photos of three positions, two index finger prints of a sentenced person or a person serving a judicial measure, which is made and kept by competent authorities.
18. Fingerprint sheet means a document containing brief information on the personal history and all fingerprints of a sentenced person, which is made and kept by competent authorities.
Article 4. Principles of execution of criminal judgments
1. Abidance by the Constitution and law, guarantee of the interests of the State and the legitimate rights and interests of organizations and individuals.
2. Judgments and decisions which have become effective for execution must be respected and strictly complied with by agencies, organizations and individuals.
3. Guarantee of socialist humanism; respect for the dignity and legitimate rights and interests of sentenced persons.
4. Combination of punishment and education and reform in the execution of judgments; application of educational and reform measures must be based on the nature and seriousness of crimes committed, age, gender, educational level and other personal characteristics of sentenced persons.
5. Execution of judgments towards minor offenders mainly aims to educate and help them correct their wrongful acts, healthily develop and become useful to the society.
6. Sentenced persons are encouraged to show repentance, actively study and work to reform themselves and voluntarily pay compensations.
7. Guarantee of the right to complain and denounce illegal acts and decisions in the execution of criminal judgments.
8. Guarantee of the participation of agencies, organizations, individuals and families in the education and reform of sentenced persons.
Article 5. Responsibilities of agencies, organizations and individuals to coordinate in the execution of criminal judgments
Agencies, organizations and individuals shall, within the scope of their tasks, powers and obligations, coordinate with one another and comply with requests of competent agencies under this Law in the execution of criminal judgments.
Article 6. Supervision of execution of criminal judgments
The National Assembly, People's Councils and the Vietnam Fatherland Front shall supervise activities of agencies and organizations in the execution of criminal judgments and other agencies and organizations involved in the execution of criminal judgments in accordance with law.
Article 7. Dissemination of and education about the law on execution of criminal judgments
1. The Government, ministries, ministerial-level agencies and government-attached agencies shall organize and direct the dissemination of and education about the law on execution of criminal judgments.
2. People's Committees at all levels and other agencies and organizations shall, within the ambit of their respective tasks and powers, organize the dissemination of and education about, and mobilize the people to observe, the law on execution of criminal judgments.
Article 8. International cooperation on execution of criminal judgments
International cooperation on execution of criminal judgments between competent agencies of the Socialist Republic of Vietnam and their foreign counterparts shall be carried 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 Socialist Republic of Vietnam and the fundamental principles of international law.
Article 9. Prohibited acts in the execution of criminal judgments
1. Destroying inmate management and incarceration facilities; destroying or intentionally damaging property of inmate management and incarceration facilities; organizing escape or escaping from inmate management places; organizing escape or escaping while being escorted for judgment execution; rescuing inmates or persons being escorted for judgment execution.
2. Failing to abide by decisions to execute criminal judgments; obstructing or resisting the implementation of internal regulations on the execution of criminal judgments or decisions or requests of competent agencies or persons in the execution of criminal judgments.
3. Organizing, provoking, instigating, dragging, enticing, abetting or forcing others to violate the law on execution of criminal judgments; taking revenge on or infringing upon the life, health, honor, dignity and property of persons in charge of executing criminal judgments.
4. Failing to issue decisions to execute criminal judgments; failing to execute decisions to set free persons who are released in accordance with law.
5. Giving, taking, brokering bribes or causing harassment in the execution of criminal judgments.
6. Illegally releasing persons who are in detention, are being escorted for judgment execution; showing irresponsibility in the management, guard and escort for judgment execution resulting in the escape of persons serving a prison sentence, the death sentence or expulsion sentence.
7. Abusing positions and powers to request exemption from or reduction of the duration, postponement or suspension of the serving of a sentence for ineligible persons; failing to request exemption from or reduction of the duration of serving a criminal sentence for eligible persons; obstructing sentenced persons from exercising the right to request exemption from or reduction of the duration of serving a sentence.
8. Issuing or refusing to issue decisions, certificates or other papers regarding execution of criminal judgments in violation of law.
9. Infringing upon the legitimate rights and interests of sentenced persons.
10. Falsifying dossiers and records related to the execution of criminal judgments.
Chapter II
SYSTEM OF CRIMINAL JUDGMENT EXECUTION ORGANIZATION, TASKS AND POWERS OF COMPETENT AGENCIES IN THE EXECUTION OF CRIMINAL JUDGMENTS
Article 10. System of criminal judgment execution organization
1. Criminal judgment execution management agencies:
a) Criminal judgment execution management agency of the Ministry of Public Security;
b) Criminal judgment execution management agency of the Ministry of National Defense.
2. Criminal judgment execution agencies:
a) Prisons of the Ministry of Public Security, prisons of the Ministry of National Defense and prisons of military zones (below referred to as prisons);
b) Criminal judgment execution agencies of police departments of provinces and centrally run cities (below referred to as criminal judgment execution agencies of provincial-level police departments):
c) Criminal judgment execution agencies of police offices of districts, towns and provincial cities (below referred to as criminal judgment execution agencies of district-level police offices);
d) Criminal judgment execution agencies of military zones and equivalent level (below referred to as criminal judgment execution agencies of military zones).
3. Agencies which are assigned some tasks of criminal judgment execution:
a) Detention camps of the Ministry of Public Security, detention camps of the Ministry of National Defense, detention camps of provincial-level police departments, detention camps of military zones (below referred to as detention camps):
b) People's Committees of communes, wards and townships (below referred to as commune-level People's Committees);
c) Military units of regiment and equivalent levels (below referred to as military units).
4. The Minister of Public Security and the Minister of National Defense shall specify the organizational apparatuses of criminal judgment execution management agencies and criminal judgment execution agencies.
Article 11. Tasks and powers of the criminal judgment execution management agency of the Ministry of Public Security
1. To assist the Minister of Public Security in performing the following tasks and powers:
a) Organize enforcement of the law on execution of criminal judgments:
b) Providing professional instructions and guidance on the uniform application of the law on execution of criminal judgments;
c) Reviewing the execution of criminal judgments,
2. To examine the execution of criminal judgments.
3. To decide on the sending of persons subject to prison sentences to places in which they will serve their prison sentences.
4. To directly manage prisons of the Ministry of Public Security.
5. To implement the statistics and reporting regime.
6. To settle complaints and denunciations about criminal judgment execution under this Law.
7. To perform other tasks and powers assigned by the Minister of Public Security.
Article 12. Tasks and powers of the criminal judgment execution management agency of the Ministry of National Defense
1. To assist the Minister of National Defense in performing the following tasks and powers:
a) Organizing enforcement of the law on execution of criminal judgments;
b) Providing professional instructions and guidance on the uniform application of the law on execution of criminal judgments;
c) Reviewing the execution of criminal judgments in the army.
2. To examine the execution of criminal judgments in the army.
3. To decide on the sending of persons subject to prison sentences to places in which they will serve their prison sentences under this Law.
4. To directly manage prisons of the Ministry of National Defense.
5. To implement the statistics and reporting regime.
6. To settle complaints and denunciations about criminal judgment execution under this Law.
7. To perform other tasks and powers assigned by the Minister of National Defense.
Article 13. Tasks and powers of criminal judgment execution agencies of provincial-level police departments
1. To assist directors of provincial-level police departments in managing and directing the execution of criminal judgments in their respective provinces or cities:
a) Providing professional instructions for, and examining the execution of criminal judgments by, detention camps and criminal judgment execution agencies of district-level police offices;
b) Reviewing the execution of criminal judgments and implementing the statistics and reporting regime as guided by the criminal judgment execution management agency of the Ministry of Public Security.
2. To receive decisions on the execution of criminal judgments from competent courts; to complete procedures and dossiers and lists of persons subject to prison sentence for reporting and request to competent agencies or persons for decision.
3. To request competent courts to consider and decide on the suspension of the serving of prison sentences and reduction of the duration of serving prison sentences.
4. To organize the execution of the expulsion sentence; to participate in executing the death sentence: to manage inmates employed in detention and custody work under this Law.
5. To issue pursuit warrants and coordinate in organizing forces to hunt inmates escaping from prisons or criminal judgment execution agencies of district-level police offices or persons allowed to postpone or suspend the serving of prison sentences or persons serving the expulsion sentence when they escape.
6. To decide to transfer inmates or implement inmate transfer orders of competent agencies or persons.
7. To issue certificates of complete serving of sentence according to their competence.
8. To settle complaints and denunciations about execution of criminal judgments under this Law.
9. To perform other tasks and powers under this Law.
Article 14. Tasks and powers of criminal judgment execution agencies of military zones
1. To assist commanders of military zones in managing and directing the execution of criminal judgments in their military zones or equivalent zones:
a) Providing professional instructions on and examine the execution of criminal judgments;
b) Managing prisons of military zones;
c) Reviewing the execution of criminal judgments and implement the statistics and reporting regime as guided by the criminal judgment execution management agency of the Ministry of National Defense.
2. To receive criminal judgment execution decisions of competent courts; to complete procedures and dossiers and lists of persons subject to prison sentence for reporting and request to competent agencies or persons for decision.
3. To request competent courts to consider and decide on the suspension of the serving of prison sentences and reduction of the duration of serving prison sentences.
4. To participate in executing the death sentence; to manage inmates employed in detention work under this Law.
5. To issue certificates of complete serving of sentence according to their competence.
6. To settle complaints and denunciations about criminal judgment execution under this Law.
7. To perform other tasks and powers under this Law.
Article 15. Tasks and powers of criminal judgment execution agencies of district-level police offices
1. To assist chiefs of district-level police offices in managing and directing the execution of criminal judgments in their respective districts:
a) Providing professional instructions on the execution of criminal judgments according to their competence for commune-level People's Committees; directing and examining commune-level police offices in their assistance for commune-level People's Committees in performing the tasks of executing criminal judgments under this Law:
b) Implementing the statistics and reporting regime as guided by the criminal judgment execution management agency of the Ministry of Public Security.
2. To receive criminal judgments and judgment execution decisions and related documents, compile dossiers of execution of criminal judgments and transfer them to commune-level People's Committees for execution of sentences of non-custodial reform, residence ban, ban from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain civil rights, probation and suspended sentences under this Law.
3. To escort for judgment execution persons subject to prison sentence who are on bail or allowed to postpone or suspend the serving of sentences.
4. To directly manage inmates employed in custody houses.
5. To hand judgment execution decisions to persons subject to prison sentence who are held in custody houses and report them to criminal judgment execution agencies of provincial-level police departments.
6. To compile dossiers and make reports to criminal judgment execution agencies of provincial-level police departments for request to the criminal judgment execution management agency of the Ministry of Public Security to issue decisions to send persons subject to prison sentence who arc held in custody houses or allowed to postpone or suspend the serving of sentences to places in which they will serve their sentences; to request competent agencies to issue decisions to pursue persons who shirk serving of their prison sentences.
7. To issue certificates of complete serving of sentence according to their competence.
8. To decide to transfer inmates or implement transfer orders of competent agencies or persons.
9. To settle complaints and denunciations about criminal judgment execution under this Law.
10. To perform other tasks and powers under this Law.
Article 16. Tasks, powers and organizational structure of prisons
1. Prisons, as agencies executing prison sentences, have the following tasks and powers:
a) Admitting inmates and managing the incarceration, education and reformation of inmates;
b) Notifying relatives of inmates of the admission of inmates and their serving of sentences;
c) Requesting competent courts to consider reduction of the duration of serving sentences and suspension of the serving of prison sentences for inmates in accordance with law;
d) Carrying out procedures for requesting amnesty for inmates in accordance with law;
e) Implementing transfer orders of competent agencies or persons;
f) Receiving personal possessions and money voluntarily handed by inmates and relatives of inmates for judgment execution, transfer them to civil judgment enforcement agencies of places in which the courts which have conducted first-instance trial of the cases are based; receiving personal possessions and money from civil judgment enforcement agencies and handing them to inmates under the Law on Enforcement of Civil Judgments;
g) Coordinating with civil judgment enforcement agencies in providing information and transferring documents related to inmates sentenced to payment of fines, confiscation of property and other civil obligations to the places in which they serve their prison sentences, to the exercise of civil rights and performance of civil obligations of inmates, to the places of residence of persons who are granted amnesty, exempted from serving prison sentences or having completely served their prison sentences, and inmates who have changed their places of serving prison sentences or who have died;
h) Issuing certificates of complete serving of prison sentence and certificates of amnesty;
i) Carrying out procedures for handling cases of deceased inmates under Article 49 of this Law:
j) Delivering foreign inmates under court decisions on the transfer of persons currently serving prison sentences; admitting, and managing the incarceration, education and reformation of. Vietnamese inmates who committed crimes and were sentenced to prison in foreign countries and have been transferred to Vietnam for serving their sentences; implementing the provisions of this Law on execution of the expulsion sentence;
k) Making statistics and reports on the execution of prison sentences;
l) Performing other tasks and powers in accordance with law.
2. Prison wardens have the following tasks and powers:
a) Organizing the performance of tasks and powers of prisons defined in Clause 1 of this Article;
b) Issuing decisions to classify inmates and organize incarceration of inmates according to their categories:
c) Deciding to check, seize and handle articles and documents on the ban list;
d) Issuing decisions to transfer inmates for medical examination and treatment, management, labor and learning purposes;
e) Issuing pursuit warrants and coordinating in organizing forces to promptly pursue inmates escaping from prison.
3. Deputy wardens shall perform tasks and powers of prison wardens as assigned or authorized by prison wardens and take responsibility for assigned tasks.
4. A prison shall be organized as follows;
a) A prison has prison departments, incarceration sectors and prison cells, facilities serving incarceration management, daily living, health care, education and reformation of inmates; facilities serving work and daily living of officers, professional army men, noncommissioned officers, soldiers, workers and employees in the prison;
b) The management apparatus of a prison consists of wardens, deputy wardens, heads and deputy heads of prison departments, team leaders and deputy leaders; officers, professional army men and non-commissioned officers; soldiers, workers and employees.
Wardens, deputy wardens, heads and deputy heads of prison departments, team leaders and deputy 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 admit and manage the incarceration of persons sentenced to death.
2. To directly manage the incarceration, education and reformation of inmates serving sentences in detention camps under this Law.
Article 18. Tasks and powers of commune-level People's Committees in the execution of criminal judgments
Commune-level People's Committees have the tasks and powers of supervising and educating persons serving sentences of non-custodial reform, residence ban, probation, ban from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain civil rights or suspended sentences. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers under this Law.
Article 19. Tasks and powers of army units in the execution of criminal judgments
Army units have the tasks and powers of supervising and educating persons serving sentences of non-custodial reform, residence ban, ban from holding certain positions, 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 of criminal judgments
1. To issue judgment execution decisions; to decide to set up councils for execution of the death sentence.
2. To issue decisions to postpone, suspend or terminate the serving of prison sentences; exempt from or reduce the duration of the serving of sentences; prolong the time limit for expulsion; reduce the probation term for persons subject to suspended sentence.
3. To consider and permit the receipt of corpses of persons sentenced to death.
4. To send judgments and decisions to be executed and decisions stated in Clauses 1 and 2 of this Article, and related documents to agencies, organizations and individuals under this Law.
5. To implement the regime of making statistics and reports on the execution of criminal judgments according to their competence and perform other tasks and powers under this Law.
Chapter III
EXECUTION OF PRISON SENTENCE
Section 1
PROCEDURES FOR EXECUTION OF PRISON SENTENCES AND REGIME OF MANAGEMENT OF INCARCERATION AND EDUCATION OF INMATES
Article 21. Decisions to execute prison sentences
1. A judgment execution decision must clearly indicate the full name and position of the issuer: the judgment or decision to be executed; name of the agency responsible for executing the decision; full name, date of birth and place of residence of the sentenced person; the duration of serving the prison sentence and the duration of serving additional penalty(ies). In case the sentenced person is on bail, the decision must clearly state that, within 7 days after receiving the decision, the sentenced person must be present at the criminal judgment execution agency of the district-level police office of the place in which he)she resides or the criminal judgment execution agency of the military zone in which he)she works.
2. Within 3 working days after issuing a decision to execute a prison sentence and additional penalty(ies), the issuing court shall send the decision to the following individuals and agencies:
a) The sentenced person;
b) The same-level procuracy;
c) The criminal judgment execution agency of the provincial-level police department or military zone;
d) The detention camp in which the sentenced person is held;
e) The criminal judgment execution agency of the district-level police office of the place in which the sentenced person is detained in a custody house or is on bail;
f) The provincial-level Justice Department of the place in which the issuing court is based.
Article 22. Execution of decisions to execute prison sentences
1. In case the person sentenced to prison is currently in detention, within 3 working days after receiving the judgment execution decision, the detention camp of the provincial-level police department or the criminal judgment execution agency of the district-level police office shall hand the judgment execution decision to such person and report it to the criminal judgment execution agency of the provincial-level police department. Within 5 working days after receiving the report, the criminal judgment execution agency of the provincial-level police department shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment execution management agency of the Ministry of Public Security. In case the person sentenced to prison is currently held in a detention camp of the Ministry of Public Security, this detention camp shall hand the judgment execution decision lo such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of Public Security.
Within 5 working days after receiving the report of the criminal judgment execution agency of the provincial-level police department or detention camp of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of Public Security shall issue a decision to send the sentenced person to serve the sentence.
2. In case the person sentenced to prison is currently held in a detention camp of a military zone, within 3 working days after receiving the judgment execution decision, the detention camp shall hand the judgment execution decision to such person and report it to the criminal judgment execution agency of the military zone. Within 5 working days after receiving the report, the criminal judgment execution agency of the military zone shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment management agency of the Ministry of National Defense. In case the person sentenced to prison is currently held in a detention camp of the Ministry of National Defense, this detention camp shall hand the judgment execution decision to such person. complete the dossier and report it to the criminal judgment execution management agency of the Ministry of National Defense.
Within 5 working days after receiving the report of the criminal judgment execution agency of the military zone or detention camp of the Ministry of National Defense, the criminal judgment execution management agency of the Ministry of National Defense shall issue a decision to send the sentenced person to serve the sentence.
3. Pending transfer to a place for serving his) her prison sentence, the sentenced person is subject to the regime applicable to inmates.
4. If the person sentenced to prison is on bail, within 7 days after receiving the judgment execution decision, he)she must be present at the head office of the criminal judgment execution agency of the district-level police office or military zone indicated in the decision. Past this time limit, if he)she docs not show up, the judicial assistance police or judicial guards shall escort him/herto serve his/her sentence.
Article 23. Procedures for postponement of the serving of a prison sentence
1. For a person sentenced to prison who is on bail, the president of the court which has issued the judgment execution decision may himself) herself or at the written request of the sentenced person or the written request of the same-level procuracy, the criminal judgment execution agency of the district-level police office of the place in which such person resides or the criminal judgment execution agency of the military zone in which such person works, issue a decision to postpone the serving of the sentence. Such written requests must be addressed to the court which has issued the judgment execution decision and enclosed with related papers.
2. Within 7 days after receiving a written request for postponement of the serving of a prison sentence, the president of the court which has issued the judgment execution decision shall consider it and make decision.
3. Within 3 working days after issuing the decision to postpone the serving of a prison sentence, the court shall send this decision to the following individuals and agencies:
a) The sentenced person;
b) The same-level procuracy;
c) The criminal judgment execution agency of the provincial-level police department or military zone;
d) The criminal judgment execution agency of the district-level police office of the place in which the sentenced person resides;
e) The provincial-level Justice Department of the place in which the issuing court is based.
Article 24. Execution of decisions to postpone the serving of prison sentences
1. Upon receiving a court decision to postpone the serving of the sentence, the criminal judgment execution agency of the district-level police office or the criminal judgment execution agency of the military zone shall stop carrying out procedures for sending the sentenced person to serve his/her sentence.
2. The commune-level People's Committee or the army unit shall manage the person allowed to postpone the serving of his/her sentence. Such person may not leave his/her place of residence without consent of the managing commune-level People's Committee or army unit.
3. The agency or military unit referred to in Clause 2 of this Article shall report once every three months on the management of the person allowed to postpone the serving of his/her sentence to the criminal judgment execution agency of the district-level police office or military zone for notification to the court which has issued the postponement decision.
4. While postponing the serving of his/her sentence, if the sentenced person seriously violates 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 criminal judgment execution agency of the district-level police office or military zone for requesting the president of the court which has issued the postponement decision to cancel such decision. Immediately after obtaining the decision to cancel the postponement decision, the judicial assistance police or judicial guards shall escort the sentenced person for judgment execution. If the sentenced person concerned has escaped, the criminal judgment execution agency of the provincial-level police department shall issue a pursuit warrant and coordinate in organizing the pursuit.
5. If the sentenced person die while postponing the serving of his/her sentence, his) her relatives or the commune-level police office or the agency assigned to manage him/hershall report his/her death to the criminal judgment execution agency of the district-level police office or military zone for notification to the court which has issued the postponement decision for issuing a decision to terminate the judgment execution and carrying out related procedures.
6. At least 7 days before the expiration of the postponement duration of the serving of a prison sentence, the president of the court which has decided to postpone the serving of the prison sentence shall make a written notice and send it to the sentenced person and the agency referred to in Clause 3, Article 23 of this Law.
Article 25. Dossiers of sending of sentenced persons to serve their prison sentences
1. A dossier of sending of a sentenced person to serve his/her prison sentence must fully comprise the following papers;
a) The legally effective judgment; in case of appellate, cassation or re-opening trial, the first-instance judgment is also required;
b) The decision to execute the prison sentence;
c) The decision of the criminal judgment execution management agency to send the sentenced person to a prison or detention camp or a criminal judgment execution agency of a district-level police office;
d) The personal identification statement of the sentenced person;
e) A copy of the passport or paper evidencing the citizenship of the sentenced person who is a foreigner;
f) The health certificate and other documents related to the health of the sentenced person;
g) A remark sheet on the observance of detention regulations by the sentenced person while being held in temporary detention;
h) Other documents related to the execution of the prison sentence.
2. The criminal judgment execution management agency of the Ministry of Public Security, criminal judgment execution management agency of the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments, district-level police offices and military zones shall complete dossiers referred to in Clause 1 of this Article and organize the delivery of sentenced persons and their dossiers to prisons, detention camps or criminal judgment execution agencies of district-level police offices designated for judgment execution.
Article 26. Admission of persons sentenced to imprisonment
1. The prisons, detention camps or criminal judgment execution agencies of district-level police offices designated for judgment execution shall receive persons sentenced to prison with complete dossiers as prescribed in Article 25 of this Law; the admission must be recorded in a minutes. The admitting agencies shall immediately give medical checks to the admitted persons to make their health records.
2. The admitting agencies shall inform inmates of the following regulations for compliance:
a) Taking only necessary articles in the prison cell; handing unused personal possessions and cash to the prison, detention camp or the criminal judgment execution agency of the district-level police office for management. Should an inmate wish to send cash and personal possessions to a relative or lawful representative at his/her own expenses, the prison or detention camp or the criminal judgment execution agency of the district-level police office shall send such cash and possessions to such person or hand them over directly to such person at the place in which the inmate serves his/her sentence;
b) Inmates are not allowed to use cash and valuable papers in the place in which they serve their sentences. Inmates may buy food, foodstuffs and other commodities for their daily needs at the place in which they serve their sentences in the form of making book entries;
c) Inmates are not allowed to bring in the place in which they serve their sentences articles on the ban list issued by the Ministry of Public Security or the Ministry of National Defense.
3. Within 5 working days after admitting a sentenced person, the prison or detention camp or the criminal judgment execution agency of the district-level police office shall notify it to the court which has issued the judgment execution decision and to relatives of such person and report it to the criminal judgment execution management agency.
Article 27. Incarceration of inmates
1. A prison shall organize inmate incarceration as follows:
a) Prison sectors for inmates serving sentences of over 15 years' imprisonment or life imprisonment and inmates committing dangerous recidivism:
b) Prison sectors for incarcerating inmates serving sentences of 15 years or less in prison, inmates serving sentences of over 15 years" imprisonment which have been reduced to under 15 years for good rehabilitation records.
2. In prison sectors referred to in Clause 1 of this Article, the following inmates shall be held separately:
a) Female inmates;
b) Minor inmates;
c) Foreign inmates;
d) Inmates with extremely dangerous infectious diseases;
e) Inmates showing signs of suffering a mental disease or another disease that deprives them of perception or act control capacity pending a court decision;
f) Inmates who repeatedly violate detention regulations.
3. In a detention camp, inmates specified at Points a and f. Clause 2 of this Article shall be separately held.
4. Inmates shall be divided into teams and groups for working, learning and other activities. Depending on the characteristics of crimes, sentence levels and personal characteristics of inmates and their rehabilitation records, wardens of prisons or detention camps shall decide on the classification and transfer of inmates between prison sectors.
Article 28. Regimes of learning and vocational training and access to information of inmates
1. Inmates shall be obliged to learn law and civil education and arc entitled to learn literacy skills and jobs. Illiterate inmates shall be obliged to learn how to read and write. Foreign inmates are encouraged to learn Vietnamese. Learning and job training shall be organized on Saturdays for inmates while they have days off on Sundays and other holidays prescribed by law. Based on management and education requirements and length of imprisonment of inmates, prisons, detention camps and criminal judgment execution agencies of district-level police offices shall organize teaching for inmates according to programs and contents prescribed by the Ministry of Education and Training, the Ministry of Justice, the Ministry of Public Security and the Ministry of National Defense.
2. Inmates shall be provided with information on current affairs and state policies and laws.
Article 29. Labor regime of inmates
1. Labor shall be organized for inmates to suit their age, health and meet management, education and community integration requirements; they are entitled to days off on Saturdays, Sundays and public holidays as prescribed by law. They shall work and learn for 8 hours at most per day. In unexpected or seasonal cases, prison wardens may ask inmates to work overtime for 2 hours at most per day. Inmates working overtime or on Saturdays and Sundays are entitled to offsetting days off or allowances in cash or kind.
2. Female inmates shall be assigned jobs suitable to their gender, health and age; it is prohibited to assign them heavy and hazardous jobs on the list of jobs banned from employment of female laborers.
3. Inmates suffering a disease or physical or mental defects are entitled to exemption from work or reduction of working hours, depending on the degree and nature of such disease and prescriptions of the health center of their prison or detention camp.
Article 30. Use of inmates' labor fruits
1.. Inmates' labor fruits, after deducting costs of supplies and materials and wages paid to hired workers: power and water charges supplementary meal allowances for heavy and hazardous jobs in addition to inmates' standard meal expenses paid by the state budget; pays for working overtime or on holidays; asset depreciation and expenses for inmate labor management, shall be used for:
a) Increasing food rations for inmates;
b) Forming a community integration fund to support inmates after completely serving their prison sentences;
c) Supplementing the prison's welfare and reward funds;
d) Rewarding inmates for good working results;
e) Re-investing in the prison to fund the organization of labor, education and job training for inmates.
2. Inmates may send their allowances earned from working overtime and on holidays and monetary rewards for good working results to their relatives, deposit them at their prisons' safekeeping, use them under regulations or receive them back upon completely serving their prison sentences.
3. The collection and spending of money generated from work and job learning activities of inmates is stipulated as follows:
a) The prison shall open accounting books and record and account all arising financial revenues and expenses and make financial statements according to the non-business administrative accounting regime. All revenues and expenses arising from work and job learning activities of inmates shall be reflected in the prison's accounting book system;
b) The prison shall include all expenses specified in Clause 1 of this Article in product costs:
c) A report on revenues from and expenditures for inmate labor in the prison is a general report on figures, status and results of revenues and expenses arising from the organization of inmate labor. Prison wardens shall make such general reports and detailed explanation reports on results of revenues from and expenditures for inmate labor and send them to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense;
d) The criminal judgment execution management agencies of the Ministry of Public Security and the Ministry of National Defense shall evaluate and approve reports on results of revenues from and expenditures for inmate labor and report them to the financial management agencies of the Ministry of Public Security and the Ministry of National Defense for inclusion in annual budget settlement reports of the Ministry of Public Security and the Ministry of National Defense in accordance with law.
Article 31. Procedures for requesting suspension the serving of prison sentences
1. The competence to request suspension of the serving of a prison sentence rests with:
a) Prisons and detention camps of the Ministry of Public Security; detention camps of the Ministry of National Defense;
b) Criminal judgment execution agencies of provincial-level police departments and of military zones;
c) Provincial-level people's procuracies and military procuracies of military zones.
2. Competent agencies in the places in which inmates are serving their sentences referred to in Clause 1 of this Article shall compile dossiers to request suspension of the serving of prison sentences and send them to competent courts for consideration and decision.
3. Within 7 days after receiving dossiers of request, presidents of provincial-level courts of the places or military courts of military zones in which inmates are serving prison sentences shall consider these dossiers and make decision.
4. Suspension of the serving of a prison sentence for trial according to cassation or reopening procedures shall be decided by persons who have lodged protests or by courts of cassation or re-opening level.
Article 32. Execution of decisions to suspend the serving of prison sentences
1. Immediately after issuing a decision to suspend the serving of a prison sentence, the issuing court shall send this decision to the following individuals and agencies:
a) The person allowed to suspend the serving;
b) The agency requesting the suspension, the prison, detention camp or criminal judgment execution agency of the district-level police office of the place in which the person concerned is serving his/her prison sentence;
c) The criminal judgment execution agency of the district-level police office or the commune-level People's Committee of the place in which the person concerned will come to reside or the army unit assigned to manage such person;
d) The same-level procuracy:
e) The court that issued the judgment execution decision;
f) The provincial-level Justice Department of the place in which the issuing court is based.
2. If the director of a procuracy issues a decision to suspend the serving of a prison sentence, this decision shall be sent to the provincial-level Justice Department of the place in which the procuracy is based and to the individual and agencies specified at Points a. b, c and e, Clause 1 of this Article,
3. The prison, detention camp or criminal judgment execution agency of the district-level police office directly managing the person allowed to suspend the serving of his/her prison sentence shall deliver such person to the commune-level People's Committee of the place in which he/she comes to reside or to the army unit assigned to manage such person; his/her relatives are obliged to receive such person.
The commune-level People's Committee or the army unit assigned to manage the person allowed to suspend the serving of his/her prison sentence shall monitor and supervise such person and consider and allow him/herto leave his/her place of residence or workplace.
4. The resumption of the serving of a prison sentence by a person allowed to suspend such serving is as follows:
a) At least 7 days before the expiration of the suspension duration, the criminal judgment execution agency of the district-level police office of the place in which the person concerned resides shall notify this to such person, ordering him/her to show up at the place to serve his/her prison sentence on prescribed time. Past this 7-day time limit from the expiration of the suspension duration, should the person concerned not show up at the prison, detention camp or criminal judgment execution agency of the district-level police office lo continue serving his/ her prison sentence without a plausible reason, the head of the criminal judgment execution agency of the district-level police office or military zone shall decide to escort him/her to serve his/her sentence;
b) For a person allowed to suspend the serving of his/her prison sentence on account of a serious disease and whose health conditions are difficult to assess, the criminal judgment execution agency of the provincial-level police department of the place in which such person resides or the criminal judgment execution agency of the military zone in which the army unit assigned to manage such person is based shall seek provincial-level or military zone-level medical examination. If the examination result shows that such person's health has been rehabilitated, the criminal judgment execution agency of the district-level police office or military zone shall take him/her to serve his/her prison sentence and notify such to the president of the court which has issued the suspension decision;
c) In the suspension duration, if the person allowed to suspend the serving of his/her prison sentence commits a serious violation of law or there is a ground to believe that he/she may escape, the commune-level People's Committee of the place in which he/she resides or the army unit assigned to manage him/her shall notify the criminal judgment execution agency of the district-level police office of the place in which such person resides or the criminal judgment execution agency of the military zone in which the army unit assigned to manage such person is based for further notification to the president of the court which has issued the suspension decision. Within 3 working days after receiving the notice, the president of the court which has issued the suspension decision shall consider and issue a decision to terminate the suspension and send it to the criminal judgment execution agency of the district-level police office or military zone for escorting such person to serve his/her sentence.
if the person allowed to suspend the serving of his/her prison sentence escapes, the criminal judgment execution agency of the provincial-level police department or the criminal judgment execution agency of the military zone shall issue a pursuit warrant and join in organizing the pursuit.
5. If the person allowed to suspend the serving of his/her prison sentence dies, the commune-level People's Committee of the place in which such person resides or the army unit assigned to manage such person shall notify the criminal judgment execution agency of the district-level police office or military zone for further notification to the court which has issued the suspension decision and the court which has issued the judgment execution decision. Within 3 working days after receiving the notice, the president of the court which has issued the judgment execution decision shall issue a decision to terminate the judgment execution and send it to the agencies specified at Points b, c, d and c. Clause 1 of this Article and to the court which has issued the suspension decision.
Article 33. Procedures for reduction of the duration of serving prison sentences
1. Competent agencies specified at Points a and b. Clause 1. Article 31 of this Law may request reduction of the duration of serving prison sentences.
2. Agencies competent to request reduction of the duration of serving prison sentences shall compile dossiers and send them to provincial-level People's Courts and military courts of military zones in which the inmates concerned are serving their sentences for consideration and decision. A dossier of request comprises:
a) A copy of the judgment: for consideration of reduction of the sentence from the second time on, a copy of the judgment execution decision is required instead;
b) Written request of the competent agency for the reduction:
c) Monthly, quarterly, biannual and annual assessment results of the serving of the prison sentence; commendation decisions or certificates of the inmate's merits issued by competent agencies;
d) The conclusion of a provincial- or military zone- or higher-level hospital on the illness, for inmates suffering a dangerous disease;
e) A copy of the decision to reduce the duration of serving the prison sentence, for inmates who have been granted a reduction.
3. Within 15 days after receiving a dossier of request for reduction of the duration of serving the prison sentence, the provincial-level People's Court of the place or 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 writing such meeting to the same-level procuracy, which shall appoint a procurator to attend the meeting. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
4. Within 3 working days after issuing a decision to reduce the duration of serving the prison sentence, the court shall send this decision to the person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based.
Article 34. Procedures for exemption from the serving of prison sentences
1. The competent procuracy of the place in which the person serving a prison sentence resides or works shall compile a dossier to request the provincial-level people's court or the military court of the military zone to consider exempting such person from serving his/her prison sentence Such a dossier comprises:
a) A copy of the legally effective judgment;
b) The written request of the competent procuracy;
c) The inmate's petition for exemption from serving the prison sentence;
d) The inmate's statement on the merit or great merit he)she has made, certified by a competent agency, for inmates who have recorded merits or great merits, or the conclusion of a provincial-or military zone- or higher-level hospital on the illness of the inmate, for inmates suffering a dangerous disease.
2. Within 15 days after receiving a dossier, the competent court shall hold a meeting to consider the request and notify in writing such meeting to the same-level procuracy, which shall appoint a procurator to attend the meeting. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
3. Within 3 working days after issuing a decision to exempt from the serving of the prison sentence, the issuing court shall send this decision to the exempted person, the requesting procuracy. the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision, the commune-level People's Committee of the place in which such person resides or the army unit managing such person, and the provincial-level Justice Department of the place in which the issuing court is based.
4.-Immediately after receiving the exemption decision, the prison, detention camp or criminal judgment execution agency of the district-level police office shall carry out procedures to set free such person and report the result to the superior criminal judgment execution management agency or criminal judgment execution agency.
Article 35. Transfer of inmates
1. A procedure-conducting agency or person shall, when requiring transfer of an inmate, send a written request to the criminal judgment management agency, the criminal judgment execution agency of the provincial-level police department of the place in which the requesting procedure-conducting agency or person is based or works for requesting the competent criminal judgment execution agency specified in Clause 2 of this Article to issue a transfer order. Upon receiving the transfer request, the competent criminal judgment execution agency shall issue an order to transfer the inmate.
2. The competence to transfer inmates for assisting in investigation, prosecution or trial activities is as follows:
a) The head of the criminal judgment execution management agency of the Ministry of Public Security shall issue transfer orders with respect to inmates in prisons and detention camps of the Ministry of Public Security;
b) The head of the criminal judgment execution management agency of the Ministry of National Defense shall issue transfer orders with respect to inmates in prisons and detention camps of the Ministry of National Defense; heads of criminal judgment execution agencies of military zones shall issue transfer orders with respect to inmates currently serving their sentences in prisons and detention camps of military zones:
c) Heads of criminal judgment execution agencies of provincial-level police departments shall issue transfer orders with respect to inmates currently serving sentences in detention camps or to inmates directly managed by criminal judgment execution agencies of district-level police offices.
3. In case of transfer of inmates for education and reformation or medical examination and treatment or incarceration management, wardens of prisons, wardens of detention camps or heads of criminal judgment execution agencies of district-level police offices shall issue transfer orders.
4. A transfer order 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 prison sentence;
c) Purpose and length of transfer;
d) Agency, full name, position and rank of the person to receive the transferred inmate;
e) The issuer shall write the date, sign and seal the order.
5. Wardens of prisons, wardens of detention camps or heads of criminal judgment execution agencies of district-level police offices shall check, deliver and make a minutes of the delivery and receipt of the transferred inmate and record it in the monitoring book. The length of transfer shall be included in the period of serving the prison sentence, except for inmates who escape during the time of transfer. The criminal judgment execution agency of the provincial-level police department of the place or the criminal judgment execution agency of the military zone with the procedure-conducting agency or person requesting the transfer shall receive, escort and manage the transferred inmate during the time of transfer.
6. In case the transferred inmate needs to be taken out of the place in which he)she is serving his/her sentence, the criminal judgment execution agency of the provincial-level police department or military zone receiving such inmate must ensure 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 the place of the investigative, prosecution or trial agency requesting the transfer shall manage the transferred inmate.
7. In case the transferred inmate is not taken out of the place in which he)she is serving his/ her prison sentence, the prison, the detention camp or the criminal judgment execution agency of the district-level police office shall provide meal and lodging for and manage such inmate when the agency or person receiving the transferred inmate does not work with him)her.
8. At the expiration of the transfer duration, the agency receiving the transferred inmate shall send a notice to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense and the criminal judgment execution agency of the provincial-level police department or military zone and deliver the transferred inmate to the prison, detention camp or district-level criminal judgment execution agency for further serving his/her sentence. If needing to extend the transfer duration, it shall request extension of the transfer duration; the transfer duration and extension of this duration must not be longer than the remainder of the sentence served by the transferred inmate.
Article 36. Commendation of inmates
1. While serving his/her prison sentence, an inmate who properly observes prison rules and regulations, makes achievements in work or records merits shall be commended and rewarded in one or more of the following forms:
a) Praise:
b) Reward in cash or in kind;
c) Increase of the number of telephone conversations and meetings with relatives, the number of receipt and quantities of presents.
2. Wardens of prisons or detention camps of the Ministry of Public Security, wardens of detention camps of the Ministry of National Defense, heads of criminal judgment execution agencies of provincial-level police departments and heads of criminal judgment execution agencies of military zones shall decide on commendation of inmates. Commendation shall be expressed in writing and recorded in inmates' files. Commended inmates will be given priority in the process of requesting reduction of the duration of serving prison sentences and amnesty under law.
Article 37. Handling of cases of run-away inmates
1. When an inmate escapes, the prison or detention camp, the criminal judgment execution agency of the provincial-level police department or district-level police office or the criminal judgment execution agency of the military zone shall promptly organize pursuit for such inmate. Past 24 hours from the time of detecting that an inmate has escaped, if the pursuit is still in vain, the warden of the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense, the head of the criminal judgment execution agency of the provincial- level police department or military zone shall issue a pursuit warrant and coordinate the pursuit.
Every case of escape must be recorded in a minutes and subject to deterrent measures, investigation and handling under the criminal procedure law.
2. When a run-away inmate surrenders himself/herself, the agency receiving him/her shall make a minutes and handle him/her according to its competence or deliver him/her to the nearest criminal judgment execution agency for handling under law.
Article 38. Handling of violating inmates
1. While serving his/her prison sentence, an inmate violating prison regulations or committing an illegal act shall be disciplined in any of the following forms:
a) Reprimand;
b) Caution;
c) Confinement to a disciplinary room for up to 10 days.
When confined to a disciplinary room, the inmate is not allowed to meet his/her relatives and may have his/her legs put in stocks. Having legs put in stocks is not applied to female, minor and old and weak inmates.
2. Wardens of prisons, wardens of detention camps or heads of criminal judgment execution agencies of district-level police offices shall issue decisions to discipline inmates and insert these decisions in their files.
3. If the violation of an inmate show signs of a crime failing under the investigating power of the warden of the prison or detention camp, the warden of the prison or detention camp shall issue a decision to institute a criminal case and carry out investigative activities under law; if such violation does not fall under his/her investigating power, the warden shall notify it to a competent investigative agency.
4. Inmates shall pay compensations for property damage, loss or destruction caused by them.
Article 39. Notification of the situation of serving of sentences; collaboration of inmates' families, agencies, organizations and individuals in educating and reforming inmates
1. Prisons and detention camps of the Ministry of Public Security and the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments and military zones shall biannually notify the situation of the serving of sentences by inmates to their relatives.
2. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall coordinate with families of inmates, local administrations, agencies, organizations and individuals in paying attention to and encouraging inmates to actively learn, work and reform themselves in order to enjoy the Slate's clemency; support education and job training activities for inmates and prepare necessary conditions for their community integration after they completely serve their sentences.
Article 40. Release of inmates
1. Two months before an inmate finishes his/her prison sentence, the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department or the military zone shall notify the criminal judgment execution agency of the district-level police office, the commune-level People's Committee of the place and the agency or organization in which such person w ill return to reside and work, and the agency receiving the inmate during transfer. Such a notice must state the result of serving of the prison sentence, additional penalty(ies) which the inmate still has to serve, and other relevant information necessary for the consideration, arrangement and building of a normal life for such person.
In case the inmate, upon finishing his/her prison sentence, does not know where to live, the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department shall request the commune-level People's Committee of the place in which the inmate serves his/her sentence or another agency or organization to receive such person.
2. On the final day of the prison sentence of an inmate, the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department shall complete procedures as prescribed by law to release the inmate; issue a certificate of complete serving of prison sentence to the inmate and provide him/her with a sum of money from the community integration support fund and travel and meal allowances for returning to his/her place of residence or workplace: return to the inmate all papers, objects, money and possessions which he)she deposited at the place of serving the prison sentence. An inmate who has no clothing shall be provided with a set of clothes to wear when going to his/her place of residence.
3. During the time of transfer of an inmate from the place of serving his/her sentence for assistance in investigation, prosecution or trial activities, if the term of his/her prison sentence expires, the competent agency specified in Clause 2 of this Article shall issue a certificate of complete serving of the prison sentence to such inmate and notify it to the agency receiving such person and related agencies. The agency receiving the transferred inmate shall immediately release him)her; pay meal and travel allowances for him/her to go to the place of serving his/her sentence to carry out related procedures. The agency issuing the certificate of complete serving of prison sentence shall deal with related procedures, obligations, rights and interests of the transferred person under Clause 2 of this Article.
4. Upon finishing his/her prison sentence, a foreign inmate shall be granted a certificate of complete serving of prison sentence and may stay at an accommodation establishment designated by the criminal judgment management agency pending completion of exit procedures.
5. Pensions and social insurance allowances shall be paid to persons who finish their prison sentences under the law on social insurance.
6. The agency which has issued a certificate of complete serving of prison sentence or amnesty certificate shall send it to the national judicial record center, the court which has issued the judgment execution decision, the agency responsible for executing additional penalty(ies) and the agency specified in Clause 1 of this Article, and send a written notice to (he agency responsible for enforcing the civil part of the criminal judgment or decision.
Article 41. Execution of decisions to receive persons currently serving prison sentences
1. Execution of decisions to receive persons currently serving prison sentences overseas to Vietnam to serve their sentences:
a) When receiving a decision to execute the decision to receive a person currently serving a prison sentence from overseas to Vietnam to serve such sentence, the judicial assistance police shall receive such person and deliver him/her to a prison under a decision of the criminal judgment execution management agency of the Ministry of Public Security;
b) The regime of incarceration management, education and reformation, consideration of reduction of prison sentences, release and amnesty applicable to delivered persons currently serving prison sentences complies with this Law and other relevant laws.
2. Execution of decisions to transfer persons currently serving prison sentences in Vietnam to overseas:
a) Upon receiving a decision to execute the decision to transfer a person currently serving a prison sentence in Vietnam to overseas, the prison shall deliver the inmate to the judicial assistance police. Such delivery shall be recorded in a minutes to be inserted in this person's dossier;
b) The judicial assistance police shall escort the transferred person to the place and at the time as agreed upon in writing by competent authorities of Vietnam and the transfer-requesting country.
Section 2
REGIMES OE MEAL, CLOTHING, ACCOMMODATION, DAILY LIVING AND HEALTH CAKE FOR INMATES
Article 42. Regime of meal and accommodation for inmates
1. Inmates shall be provided with prescribed rations of rice, green vegetable, meat, fish, sugar, salt, fish sauce, food seasonings and fuel. For inmates doing heavy and hazardous jobs as prescribed by law, their food rations shall be increased. On holidays prescribed by law, inmates will have additional food but not exceeding five times the standard rations for normal days.
Based on requirements of ensuring the health of inmates during incarceration, work and learning at the places of serving their sentences, the Government shall prescribe specific food rations suitable to economic and budget conditions and market price fluctuations. Wardens of prisons, wardens of detention camps and heads of criminal judgment execution agencies of district-level police offices may decide to swap food rations to meet practical needs in order to ensure that inmates cat up their food rations.
2. In addition of food rations prescribed in Clause 1 of this Article, inmates may use their presents and money to afford more food but not higher than three times the monthly food ration per inmate.
3. Inmates shall be provided with hygienic food and drink. Cooking for inmates shall be done by inmates themselves under the supervision and examination of the prison or detention camp or the criminal judgment execution agency of the district-level police office.
Inmate kitchens shall be equipped with necessary utensils for cooking food, boiling water and dividing food to inmates according to standard rations.
4. Inmates shall live in communal prison cells, excluding those who must be separately held under Points d, e and f, Clause 2, Article 27 of this Law. The minimum sleeping area per inmate is 2 square meters (m2). For an inmate having a small child to nurse, he)she must have a sleeping area of at least 3 m2.
Article 43. Regime of clothing and personal articles of inmates
Inmates shall be provided with uniform clothing, face towels, blankets, mats, mosquito nets, hats and soap. Female inmates shall be additionally provided with necessary articles for women hygiene. Working inmates shall be provided with labor protection outfits and, depending on specific working conditions, additional labor protection tools as necessary. The Government shall detail this Article.
Article 44. Regime of physical exercise, sports and cultural and art activities of inmates
1. Inmates may participate in physical exercise, sports, cultural and art activities, read books, listen to radio and watch television suitable to the conditions of the places in which they serve their sentences.
Each prison department may have a library, playing and sports grounds and equipped with a public-address system and each communal prison cell be equipped with a color television set.
2. The timing of 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 or nursing children under 36 months old
1. Pregnant female inmates, unless they are allowed to postpone the serving of prison sentences, shall be placed in reasonable cells, are entitled to regular or irregular maternity checks and medical care when necessary; they are entitled to a shorter working time and a food and drink regime suitable to their health.
2. Pregnant female inmates are entitled to maternity leave before and after delivery under the Labor Code. During maternity leave, they shall be provided with food rations as prescribed by assistant doctors or doctors, as well as food and. necessary items for nursing their babies. Female inmates nursing children under 36 months old shall be given appropriate time to care for and nurse their children.
3. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall carry out procedures to request birth registration for inmates' children. Commune-level People's Committees of the places in which inmates serve their sentences shall register and grant birth certificates to these children.
4. When their children reach 36 months, female inmates shall send them to their relatives for rearing. If no relatives receive to rear such children, the prisons or detention camps of the Ministry of Public Security, detention camps of the Ministry of National Defense or the criminal judgment execution agencies of provincial-level police departments shall request the provincial-level Department of Labor, War Invalids and Social Affairs of the place in which the inmate serves her sentence to designate a social relief center to receive and rear the child. Within 15 days after receiving such request, the provincial-level Department of Labor, War Invalids and Social Affairs shall designate a social relief center to receive and rear the child. After completely serving her prison sentence, the inmate is entitled to receive back her child from the social relief center.
5. A prison shall organize a nursery outside the incarceration sector to care for and rear children of inmates who are under 36 months old or children of inmates who are 36 months or older pending admission to social relief center.
Article 46. Regime of meetings with relatives and receipt of presents
1. Inmates may meet their relatives once a month for no more than one hour, or three hours in special cases. Commended inmates may meet their relatives one more time a month. Inmates who properly observe prison regulations or record merits may meet their spouses in a private-room for not more than 24 hours. When a representative of an agency or organization or another individual requests to meet an inmate, the warden of the prison or detention camp or the head of the criminal judgment execution agency of the district-level police office shall consider and settle the request.
Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall arrange places for inmates to meet their relatives and representatives of agencies or organizations or other individuals.
2. When meeting their relatives and representatives of agencies or organizations or other individuals, inmates may receive letters, cash and articles, except those on the ban list. For cash, inmates shall deposit it with their prison, detention camp or criminal judgment execution agency of the district-level police office for management. The management and use of articles and cash of inmates comply with Points a and b. Clause 2. Article 26 of this Law.
3. Inmates may receive cash and articles from their relatives twice a month, in addition to the receipt prescribed in Clause 2 of this Article. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall receive cash and articles sent to inmates from their relatives and open, check and handle them under law.
4. In order to meet inmates, relatives of inmates shall bring with them visit books or visit applications certified by the commune-level People's Committee or police office of the place in which they reside or by the agency or organization at which they work or study. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall inform relatives of inmates of regulations on visits to inmates. Relatives of inmates shall observe these regulations.
5. Procedures for visiting foreign inmates:
a) A relative of a foreign inmate shall file an application with the criminal judgment execution management agency. Such application must be written in Vietnamese and certified by the diplomatic mission or consular office of the country of which the applicant is a citizen or the Vietnam-based representative office of the international organization in which the applicant works. If the relative of a foreign inmate is Vietnamese, such application must be certified by the commune-level People's Committee of the place in which the relative resides;
b) Within 15 days after receiving an application, (he criminal judgment execution management agency shall issue a reply to the applicant: in special cases, this time limit may be prolonged to 30 days at most.
6. Consular visits to and contacts with foreign inmates comply with treaties to which the Socialist Republic of Vietnam is a contracting party.
The Ministry of Public Security shall assume the responsibility for, and coordinate with the Ministry of National Defense and the Ministry of Foreign Affairs in detailing this Clause.
Article 47. Regime of correspondence of inmates
1. Inmates may send 2 letters a month; in case of urgency, they may send a telex. Wardens of prisons or detention camps and heads of criminal judgment execution agencies of district-level police offices shall examine and censor letters and telegrams sent and received by inmates.
2. Inmates may have domestic telephone conversations with their relatives once a month for not more than 5 minutes each. Wardens of prisons or detention camps and heads of criminal judgment execution agencies of district-level police offices shall consider and decide to allow inmates to have telephone conversations and organize the control of this form of communication.
3. Inmates shall pay for their communication prescribed in Clauses 1 and 2 of this Article.
Article 48. Regime of medical care for inmates
1. Inmates are entitled to the disease prevention and tight regime. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall coordinate with district-level health centers or military hospitals of the places in which the prisons, detention camps and criminal judgment execution agencies of district-level police offices are based to organize medical checks for inmates.
2. Sick or injured inmates shall be examined and treated at health stations of their prisons or detention camps or at district-level medical treatment centers. An inmate who suffers a serious disease or an injury beyond the treatment capability of these establishments shall be transferred to a provincial-level medical treatment establishment, a military hospital or a central hospital for treatment. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall notify relatives of inmates or their lawful representatives for joining in treating and caring for such inmates. Their food, medicine and health restoration regimes shall be prescribed by medical treatment establishments.
Prisons and criminal judgment execution agencies of provincial-level police departments or military zones shall coordinate with provincial-level medical treatment establishments and military hospitals in building or arranging a number of separate rooms in these establishments to treat sick inmates.
3. For an inmate suspected of suffering a mental disease or another disease which deprives him/herof perception or act control capacity, his) her prison, detention camp or the criminal judgment execution agency of the provincial-level police department shall request the provincial-level court of the place or the military court of the military zone in which the inmate serves his/her sentence to seek mental medical assessment. If the assessment concludes such inmate suffers a mental disease or another disease which deprives him/herof perception or act control capacity, the president of the provincial-level court of the place or the military court of the military zone in which the inmate serves his) her sentence shall issue a decision to send him) her to a specialized clinic for compulsory medical treatment. The time of compulsory medical treatment shall be included in the duration of serving the prison sentence.
4. A drug-addicted inmate shall be detoxified by his/her prison.
5. Funds for medical examination and treatment, drug detoxification and building and arrangement of separate medical treatment rooms for inmates in medical treatment establishments shall be paid by the State.
Article 49. Handling of cases of deceased inmates
1. When an inmate dies in the prison, detention camp or criminal judgment execution agency of the district-level police office or a state-owned medical treatment establishment, such agency or establishment shall promptly notify the case to the district-level investigation agency and people's procuracy of the place or the military investigation agency and procuracy of the military zone in which the inmate dies for identifying the cause of his/her death. The prison, detention camp or criminal judgment execution agency of the district-level police office shall carry out death declaration procedures and notify the relatives or lawful representative of the deceased inmate before carrying out the funeral. For an inmate who dies in a medical treatment establishment, such establishment shall make a death certificate and send it to the prison, detention camp or criminal judgment execution agency of the district-level police office.
When a foreign inmate dies, the warden of his/her prison shall promptly notify such to the provincial-level investigation agency and people's procuracy of the place or the military investigation agency and procuracy of the military zone in which the inmate dies for identifying the cause of his/her death, and concurrently to the criminal judgment execution management agency and the Vietnamese Ministry of Foreign Affairs for notification to the representative mission of the country of which the deceased is a citizen. After obtaining permission of a competent agency, the prison shall organize a funeral for the foreign inmate.
2. Within 24 hours after notifying a relative or lawful representative of the deceased inmate and obtaining permission of a competent agency. the prison, detention camp or criminal judgment execution agency of the district-level police office shall organize the cremation or burial in the ground, depending on geographical conditions and local customs and practices, and notify it to the court which has issued the judgment execution decision. Within 3 working days after receiving the notice, the court which has issued the judgment execution decision shall issue a decision to terminate the termination of the serving of prison sentence and send it to a relative of the deceased and the prison, detention camp or criminal judgment execution agency of the district-level police office in which the inmate died, the provincial-level Justice Department of the place in which the court which has issued the termination decision is based. The commune-level People's Committee of the place in which the inmate died shall coordinate with the prison, detention camp or criminal judgment execution agency of the district-level police office in burying the deceased and managing his/her grave. Burial expenses shall be covered by the Slate.
3. In case the relative or lawful representative of the deceased inmate makes a petition for receiving the corpse, bone ash or remains of the deceased and bear all related costs, the prison, detention camp or criminal judgment execution agency of the district-level police office may consider and accept such petition, unless there is a ground to believe that such would affect security, order and environmental sanitation. The receipt of the remains shall be considered and decided after three years from the date of burial. For a foreign inmate, the receipt of his/her corpse, bone ash or remains shall be considered and decided by the criminal judgment execution management agency.
4. If an inmate who dies in prison already paid compulsory social insurance premiums or enjoyed retirement pension, the survivorship regime shall be settled under the Law on Social Insurance.
Section 3
PROVISIONS APPLICABLE TO MINOR INMATES
Article 50. Scope of application
Minor inmates shall serve their sentences under this Section and other provisions not contrary to those of this Section; when reaching 18 years, they shall be put under the incarceration management and education regime applicable to adult inmates.
Article 51. Regime of management, education, literacy learning, job training and work
1. Minor inmates shall be incarcerated under a separate regime suitable to their health, gender and personal characteristics.
2. Prisons shall teach minor inmates in literacy skills, law and jobs suitable to (heir age. educational level, sender and health in order to prepare their community integration after they finish their prison sentences. It is compulsory for minor inmates to finish primary education and lower secondary education and learn jobs.
3. Minor inmates shall work in separate areas and do jobs suitable to their age; shall not do heavy or dangerous jobs or work in contact with hazardous substances.
Article 52. Regime of food, clothing and cultural, art and recreation activities
1. Minor inmates shall be provided with standard food rations like adult inmates and additional meat and fish not exceeding 20% of standard rations.
2. In addition to clothing and personal articles like adult inmates, each minor inmate shall be provided with extra uniform clothing and other-personal articles under prison regulations.
3. The time and forms of organization of physical exercise, sports, cultural and art activities, listening to radio, reading books and newspapers, watching television and other playing and recreation activities must be suitable to characteristics of minors.
Article 53. Regime of meeting and correspondence with relatives
Minor inmates may meet their relatives three times at most a month, each lasting for not more than three hours, or 24 hours in special cases. They may contact via telephone their relatives four times at most a month, each lasting for not more than 10 minutes, under the supervision of prison officers, and pay for these telephone calls.
The State encourages relatives of minor inmates to pay attention to, visit, send educational books, notebooks and learning equipment and physical exercise, sports, playing and recreation equipment for these inmates.
Chapter IV
EXECUTION OF THE DEATH SENTENCE
Article 54. Decision to execute the death sentence
1. The president of the court which has conducted the first-instance trial shall issue a decision to execute the death sentence. Such decision must clearly indicate the date of issuance, full name and position of the issuer; the judgment or decision to be executed; the full name, date of birth and place of residence of the sentenced person.
2. Within 3 working days after issuing a decision lo execute the sentence, the court shall send it lo the following agencies:
a) The same-level procuracy and criminal judgment execution agency;
b) The detention camp in which the sentenced person is held:
c) The provincial-level Justice Department of the place in which the issuing court is based.
Article 55. Decision to form a death sentence execution council
1. Immediately after issuing a decision to execute the death sentence, the president of the issuing court shall send a written request to the chairman of the same-level procuracy and the head of the criminal judgment execution agency of the provincial-level police department or military zone to appoint representatives to the death sentence execution council.
2. Within 7 days after issuing the execution decision, the president of the issuing court shall issue a decision to form a death sentence execution council chaired by the president or vice president of the court. A decision to form a death sentence execution council must clearly indicate the date of issuance, full name and position of the issuer: ground for issuing the decision; and full names and positions of council members.
Article 56. Tasks and powers of a death sentence execution council
1. A death sentence execution council has the following tasks and powers:
a) To decide the plan and prepare conditions to ensure the execution;
b) To examine conditions on the person to be executed as required by the Penal Code and the Criminal Procedure Code; to issue a decision to postpone the execution and report it to the president of the court having issued the execution decision, if the sentenced person is ineligible for execution;
c) To request related agencies and organizations to provide information and documents necessary for the execution; to request the people's armed forces unit, agencies and organizations to assist in assuring safety for the execution when necessary;
d) To administer the execution according to plan:
e) To notify the execution result to the criminal judgment execution management agency;
f) To dissolve after fulfilling its tasks.
2. The chairman of the death sentence execution council shall hold a meeting to announce decisions related to the execution, decide on the lime of execution: contents to be kept secret: conditions to ensure the implementation of the execution plan: and the burial location in case receipt of the corpse is disallowed or there is no petition for receipt of the corpse. The meeting must be recorded in a minutes to be included in the death sentence execution dossier.
Death sentence execution dossiers shall be managed by criminal judgment execution agencies 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 of incarceration management, food, living, clothing, daily activities, sending and receipt of letters, articles and cash, meeting with relatives, and medical care complies with the law on temporary detention.
Article 58. Postponement of execution of the death sentence
1. A death sentence execution council may decide to postpone execution of the death sentence in the following cases:
a) The sentenced person falls into a case specified in Article 35 of the Penal Code;
b) There is a force, majeure circumstance;
c) Immediately before the execution, the sentenced person reports new circumstances of the crime.
2. When deciding to postpone execution of the death sentence, the council must make a minutes clearly indicating the hour, date and place of execution; full names and positions of the council members; and reason for the postponement. The minutes must be signed by all council members and inserted in the death sentence execution dossier and reported to the president of the court which has issued the execution decision, the chairman of the provincial-level or military zone-level procuracy and the provincial-level or military zone-level criminal judgment execution agency.
3. Judicial assistance police or judicial security guards shall escort and deliver the person whose execution is postponed to the detention camp for continued incarceration. The delivery and receipt of the person whose execution is postponed shall be recorded in a minutes.
4. Cases of postponed execution under Point a, Clause 1 of this Article comply with the provisions of the Criminal Procedure Code.
For cases of postponed execution under Points b and cs Clause 1 of this Article, when the reason for postponement no longer exists, the president of the court which has issued the execution decision shall request the death sentence execution council to proceed with the execution. In case of change of a council member, the president of the court which has issued the execution decision shall decide on the addition of the council member or form a death sentence execution council under Article 55 of this Law.
Article 59. Form and sequence of execution of the death sentence
1. The death sentence shall be executed by lethal injection. The process of lethal injection shall be stipulated by the Government.
2. Prior to execution, the death sentence execution council shall examine the personal identification statement, fingerprint sheet and personal history records of the person to be executed: in case the person to be executed is a female, the council shall examine all documents related to conditions for non-execution as prescribed by the Penal Code.
3. Prior to being taken out for execution, the sentenced person shall be given food and drink, write letters and have his/her messages recorded for sending to his/her relatives.
4. The death sentence shall be executed in the following order:
a) Pursuant to the death sentence execution decision and request of the death sentence execution council, the judicial assistance police or judicial security guards shall escort the person to be executed to the working place of the death sentence execution council:
b) At the request of the death sentence execution council, a professional officer of the people's police or army shall press the fingerprints, check the personal identification statement and fingerprint sheet and compare them with related dossiers and documents; take photo and video-record the process of carrying out the procedures of taking the fingerprints, checking and making a minutes; and report checking results to the death sentence execution council;
c) The chairman of the death sentence execution council shall announce the death sentence execution decision, the non-protest decision of the President of the Supreme People's Court and the non-protest decision of the Chairman of the Supreme People's Procuracy, the decision of the Judges* Council of the Supreme People's Court rejecting the protest of the President of the People's Supreme Court or the Chairman of the Supreme People's Procuracy, the decision of the State President rejecting the petition for death sentence commutation.
Immediately after the chairman of the death sentence execution council announces the decisions, the judicial assistance police or judicial security guards shall hand over these decisions to the person to be executed for reading. If such person does not know Vietnamese or cannot read these decisions, the death sentence execution council shall appoint a person to read or translate these decisions to such person. The process of announcing and reading the decisions shall be photographed, video and audio recorded for filing;
d) By the order of the chairman of the death sentence execution council, professional officers of the provincial-level or military zone-level criminal judgment execution agency shall execute the sentence and report the result to the council chairman;
e) By the order of the chairman of the death sentence execution council, a forensic medicine doctor shall determine the conditions of the executed person and report the result to the council;
f) The death sentence execution council shall make a minutes of the execution; report on the process and result of the execution to the Supreme People's Court, the Supreme People's Procuracy, the criminal judgment management agency, the provincial-level or military zone-level criminal judgment execution agency for carrying out death declaration procedures at the commune-level People's Committee of the place in which the execution is carried out:
g) The criminal judgment execution agency of the provincial-level police department or military zone shall preserve the corpse of the executed person, organize burial and draw a map of the grave. The commune-level People's Committee of the place in which the execution was carried out shall coordinate with the criminal judgment execution agency of the provincial-level police department or military zone in the burial and management of the grave of the executed person;
h) Within 3 days after the execution is carried out, the criminal judgment execution agency of the provincial-level police department or military zone shall inform it to relatives of the executed person, except for the case specified in Clause 1, Article 60 of this Law.
5. Expenses for organizing execution of the death sentence shall be covered by the state budget.
Article 60. Settlement of requests for receipt of corpses and remains of executed persons
1. The settlement of the receipt of the corpse is as follows:
a) Prior to the execution, a relative or lawful representative of the sentenced person shall make a petition and have it certified by the commune-level People's Committee of the place of his/her residence then send it to the president of the court which has conducted the first-in stance trial for settling the receipt of the corpse of the person to be executed for burial; if the sentenced person is a foreigner, such petition must be certified by a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen, and be translated into Vietnamese. Such petition must clearly indicate the full name and address of the person to receive the corpse; his/her relationship with the sentenced person and commitments to ensure security, order and environmental sanitation requirements and to pay all arising expenses;
b) The president of the court which has conducted the first-instance trial shall notify in writing the petitioner of the permission to receive the corpse or the rejection if there is a ground to believe that receipt of the corpse would affect security, order and environmental sanitation. If the sentenced person is a foreigner, the president of the court which has conducted the first-instance trial shall notify its decision to the Vietnamese Ministry of Foreign Affairs for notification to a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen;
c) Immediately after the execution is carried out, the criminal judgment execution agency of the provincial-level police department or military zone shall notify it to the petitioner to come to receive the corpse for burial. The delivery and receipt of the corpse shall be carried out within 24 hours after the notification and recorded in a minutes signed by the delivering and receiving persons; past this time limit, if the petitioner fails to receive the corpse, the criminal judgment execution agency of the provincial-level police department or military zone shall bury it.
2. In case the receipt of the corpse is rejected or relatives of the executed person make no petition for receipt of the corpse for burial, the criminal judgment execution agency of the provincial-level police department or military zone shall organize the burial. Past 3 years after the date of execution, relatives or lawful representative of the executed person may make a petition and have it certified by the commune-level People's Committee of the place of his/her residence then send it to the criminal judgment execution agency of the provincial-level police department of the place or the criminal judgment execution agency of the military zone in which the execution was carried out for permission to receive the remains. Such petition must clearly indicate the full name and address of the person to receive the remains, relationship with the executed person: and commitments to meet security, order and environmental sanitation requirements and to pay all arising expenses. Within 7 days after receiving the petition the criminal judgment execution agency of the provincial-level police department or military zone shall consider and settle it.
If the executed person is a foreigner, the petition must be certified by a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen, and be translated into Vietnamese. Such petition shall be considered and decided by the criminal judgment management agency.
Chapter V
EXECUTION OF SUSPENDED SENTENCE, CAUTION PENALTY AND NON-CUSTODIAL REFORM SENTENCE
Section 1
EXECUTION OF SUSPENDED SENTENCE
Article 61. Decision to execute a suspended sentence
1. A decision to execute a sentence must clearly indicate the full name of the issuer; the judgment or decision to be executed; name of the agency responsible for the execution; full name, date of birth and place of residence of the person subject to the suspended sentence; the imprisonment sentence and probation term to be served by such person; additional penalty (ies); the commune-level People's Committee or army unit assigned to supervise and educate such person.
2. Within 3 working days after issuing the judgment execution decision, the court shall send it to the following individuals and agencies:
a) The person subject to the suspended sentence;
b) The same-level procuracy;
c) The criminal judgment execution agency of the district-level police office of the place in which the person concerned resides or the criminal judgment execution agency of the military zone in which such person works;
d) The provincial-level Justice Department of the place in which the issuing court is based.
Article 62. Execution of decisions to execute suspended sentences
1. Within 3 working days after receiving the judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall summon the person subject to the suspended sentence or a lawful representative of the minor subject to the suspended sentence to the head office of the criminal judgment execution agency to determine the time by which such person must be present at the commune-level People's Committee of the place in which such person resides or the army unit for which such person works, and he)she shall commit to serve the sentence, and to compile a judgment execution dossier. Such dossier comprises:
a) The legally effective judgment;
b) The decision to execute the suspended sentence;
c) Commitment of the person subject to the suspended sentence. If such person is between full 14 years and under 16 years old, his/her commitment must be certified by his/her lawful representative;
d) Other documents related to the judgment execution.
2. Within 7 days after summoning the person subject to the suspended sentence or a lawful representative of such person, the criminal judgment execution agency of the district-level police office or military zone shall deliver the judgment execution dossier to the commune-level People's Committee or army unit assigned to supervise and educate such person.
3. Three days before the expiration of the probation term, the commune-level People's Committee or army unit assigned to supervise and educate the person subject to the suspended sentence shall hand the judgment execution dossier to the criminal judgment execution agency of the district-level police office or military zone for consideration and grant of a certificate of complete serving of the probation term. This certificate shall be sent to the person subject to the suspended sentence, the commune-level People's Committee or army unit assigned to supervise and educate such person, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based.
Article 63. Tasks of commune-level People's Committees, army units assigned to supervise and educate persons subject to suspended sentence
1. The commune-level People's Committee assigned to supervise and educate a person subject to the suspended sentence has the following tasks and powers:
a) To receive the dossier and organize supervision and education of such person;
b) To assign a person to directly supervise and educate such person;
c) To request such person to fulfill all of his/her obligations; and to take measures to educate such person and prevent him/her from committing illegal acts;
d) To praise such person for marked improvement or a great merit;
e) To allow or disallow such person to leave the place of residence under this Law and the residence law:
f) To collaborate with the family of such person and the agency or organization at which he/she works or studies in supervising and educating him/her;
g) To compile a dossier of request for consideration of the reduction of the probation term and send it to an agency to make such request as defined in Clause 1, Article 66 of this Law;
h) To give written remarks and file them in the book of monitoring the serving of sentence of such person when he)she moves to another locality;
i) To make statistics and report to a competent criminal judgment execution agency on results of judgment execution:
j) To sanction according to its competence or request competent agencies to sanction under law administrative violations committed by such person;
k) To settle complaints and denunciations related to the execution of the suspended sentence under this Law.
2. The commune-level police office chief shall advise and assist the commune-level People's Committee in performing the tasks defined in Clause 1 of this Article.
3. The army unit assigned to supervise and education a sentenced person has the tasks and powers specified at Points a. b. c. d. e, f. g. h and i, Clause 1 of this Article.
Article 64. Obligations of a person subject to suspended sentence
1. To strictly observe his/her commitment on abidance by law. fulfill all civil obligations, regulations of the place of residence or workplace; to actively work or learn; to serve all additional penalties and fulfill the compensation obligation.
2. To be present at the request of the commune-level People's Committee assigned to supervise and educate him)her.
3. To declare his/her temporary absence when leaving the place of residence for one or more days.
4. Every quarter, during the probation term, to submit a self-remark report on his/her observance 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 get remarks of the commune-level police office of the place in which he)she comes to stay and submit them to the commune-level People's Committee assigned to supervise and educate him)her.
Article 65. Work and learning of persons subject to suspended sentence
1. A person subject 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 continue working at an agency or organization, shall be given a job which meets supervision and education requirements, receive a pay and other benefits suitable to the job he)she performs, and this working duration shall be included in his/her working or service time under law.
2. During the probation term, a person subject to a suspended sentence falling outside the cases specified in Clause 1 of this Article shall be assisted by the commune-level People's Committee in finding a job.
3. A person subject to a suspended sentence, if admitted by a general education or vocational education institution, is entitled to all benefits under regulations of such institution.
4. A person subject to a suspended sentence who is eligible for preferences under the law on preferential treatment toward persons with meritorious services to the revolution or for social insurance benefits is still entitled to such benefits and. policies under law.
Article 66. Procedures for reduction of the probation term
1. When a person subject to a suspended sentence meets all conditions for reduction of the probation term under the Penal Code, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier and request the district-level people's court of the place in which such person resides or the military court of the region in which such person works, for consideration and decision. A dossier of request comprises:
a) A copy of the judgment. In case of consideration of the second-time reduction of the probation term, a copy of the suspended sentence execution decision is required instead:
b) A written request for reduction of the probation term, made by the commune-level People's Committee or army unit assigned to supervise and educate the person subject to the suspended sentence;
c) The commendation decision or certificate of merit issued by a competent agency, for those who have received commendation or made a great merit;
d) A copy of the decision to reduce the probation term, for those whose probation term was already reduced.
2. Within 15 days 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 in writing such meeting to the same-level procuracy, which shall appoint a procurator to attend. If the dossier needs to be supplemented at the request of the court, the time limit for holding such meeting shall be counted from the date of receipt of the supplemented dossier.
3. Within 3 working days after issuing a decision to reduce the probation term, the court shall send it to the person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the suspended prison sentence and the provincial-level Justice Department of the place in which such court is based.
Article 67. Criticism of persons subject to suspended sentence
During the probation term, if the person subject to a suspended sentence keeps breaching his/her obligations specified in Article 64 of this Law though he/she has been admonished twice or more and such breaches are not serious enough for penal liability, the commune-level People's Committee assigned to supervise and educate such person shall collaborate with his/her agency, organization and grassroots Vietnam Fatherland Front Committee in holding a meeting of the community population in the place in which such person resides or works to criticize him/her; if such person is working in an army unit, such criticism meeting shall be held at his/her army unit,
Criticism shall be recorded in a minutes to be included in the suspended sentence execution dossier, and reported to the criminal judgment execution agency of the district-level police office or military zone.
Article 68. Supplementation of suspended sentence execution dossiers
1. The commune-level People's Committee or army unit assigned to supervise and educate a person subject to a suspended sentence shall add to the execution judgment dossier the following documents:
a) Its decision to assign a person(s) to directly supervise and educate such person:
b) Written remarks of the person directly supervising and educating such person on the latter's observance of obligations;
c) Written self-remarks of such person on his/her performance of the law abidance obligation; if such person faced criticism under Article 67 of this Law, a self-criticism paper and the minutes of the criticism meeting are required;
d) In case the probation term was reduced, a court decision is required;
e) Other relevant documents.
2. The commune-level People's Committee or army unit assigned to supervise and educate a person subject to suspended sentence shall deliver the suspended sentence execution dossier to the criminal judgment execution agency of the district-level police office or military zone under Clause 3, Article 62 of this Law. The delivery and receipt of such dossier shall be recorded in a minutes to be included in the dossier.
Article 69. Settlement of cases in which persons subject to suspended sentence change places of residence or workplaces
1. If a person subject to a suspended sentence changes his/her place of residence within a district, town or provincial city, the commune-level People's Committee shall notify the criminal judgment execution agency of the district-level police office to deliver his/her suspended sentence execution dossier to the commune-level People's Committee of the place in which such person comes to reside, for supervision and education.
If a person subject to a suspended sentence changes his/her place of residence to another district, town or provincial city, the criminal judgment execution agency of the district-level police office shall deliver his/her suspended sentence execution dossier to the criminal judgment execution agency of the district-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 the same-level people's court and procuracy thereof.
2. Should a person subject to a suspended sentence change his/her workplace within a military zone, the army unit shall notify the criminal judgment execution agency of the military zone to deliver his/her criminal judgment dossier to the army unit in which he)she comes to work, for supervision and education.
Should a person subject to a suspended sentence change his/her place of residence to another military zone, the criminal judgment execution agency of the military zone shall deliver his/her judgment execution dossier to the same-level criminal 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 the regional military court and military procuracy thereof.
Should a person subject to a suspended sentence no longer work in the army, the criminal judgment execution agency of the military zone shall deliver his/her judgment execution dossier to the criminal judgment execution agency of the district-level police office of the place in which he)she resides, for judgment execution under Article 62 of this Law.
Article 70. Responsibilities of families of persons subject to suspended sentence
1. Families of persons subject to suspended sentence shall collaborate with commune-level People's Committees and assigned persons in supervising and educating these persons: and notify the results of serving of the sentences by these persons to the assigned commune-level People's Committees upon request.
2. To pay compensations and fulfill other civil obligations for damage caused by minor persons subjected to suspended sentence under court judgments or decisions.
3. To be present at criticism meetings on the persons subject to suspended sentence at the request of commune-level People's Committees assigned to supervise and educate these persons.
Section 2
EXECUTION OF CAUTION PENALTY
Article 71. Execution of the caution penalty
1. The caution penalty shall be immediately executed at the hearing as pronounced by the court.
2. Within 7 days after the judgment becomes legally effective, the court which has conducted the first-instance trial shall send the judgment to the person subject to the caution penalty, the criminal judgment execution agency of the district-level police office or military zone, the commune-level People's Committee of the place or the army unit in which he)she resides or works, and the provincial-level Justice Department of the place in which the court is based.
3. Criminal judgment execution agencies of district-level police offices or military zones shall conduct supervision and make statistics and reports under this Law.
Section 3
EXECUTION OF NONCUSTODIAL REFORM SENTENCE
Article 72. Non-custodial reform sentence execution decisions
1. A judgment execution decision must clearly indicate the full name of the issuer; the judgment to be executed; the full name, date of birth and place of residence of the sentenced person; the non-custodial reform sentence term; additional penalty(ies); the name of the agency in charge of execution; the commune-level People's Committee or army unit assigned to supervise and educate the sentenced person.
2. Within 3 working days after issuing a judgment execution decision, the court shall send the decision to the following individual and agencies:
a) The sentenced person;
b) The same-level procuracy;
c) The criminal judgment execution agency of the district-level police office of the place in which the sentenced person resides or the criminal judgment execution agency of the military zone in which such person works;
d) The provincial-level Justice Department of the place in which the issuing court is based.
Article 73. Procedures for execution of non-custodial reform sentence execution decisions
1. Within 3 working days after receiving a judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall summon the sentenced person to its head office for determining the time for the latter to be present at the commune-level People's Committee or army unit assigned to supervise and educate him) her and to commit to serve the sentence, and for compiling a judgment execution dossier. Such a dossier comprises:
a) The legally effective judgment;
b) The judgment execution decision;
c) The commitment of the sentenced person;
d) Other documents related to the judgment execution.
2. Within 7 days after summoning the sentenced person, the criminal judgment execution agency of the district-level police office or military zone shall deliver his/her dossier to the commune-level People's Committee or army unit assigned to supervise and educate him)her.
3. Three days before the expiration of the sentence term, the commune-level People's Committee or army unit assigned to supervise and educate the sentenced person shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office or military zone for the latter to grant a certificate of complete serving of the non-custodial reform sentence upon the expiration of the sentence term. This certificate shall be sent to the sentenced person, the commune-level People's Committee or army unit assigned to supervise and educate him)her, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the issuing court is based.
Article 74. Tasks of commune-level People's Committees or army units assigned to supervise and educate sentenced persons
1. The commune-level People's Committee assigned to supervise and educate a sentenced person has the following tasks and powers:
a) To receive his/her dossier and organize the supervision and education of the sentenced person;
b) To assign a person to directly supervise and educate the sentenced person;
c) To request the sentenced person to fulfill his/her obligations; to take educational and preventive measures when he)she shows signs of law violation;
d) To commend the sentenced person for his/ her improvements or merits;
e) To permit the sentenced person to be absent from his/her place of residence under this Law and the law on residence;
f) To coordinate with a civil judgment execution agency in deducting part of the sentenced person's incomes under a court decision for remittance into the state budget;
g) To collaborate with the family of the sentenced person or agency or organization in which he)she works or learns in supervising and educating him/her;
h) To compile and send a dossier of request for reduction of the sentence term or exemption from serving the sentence to a competent agency specified in Clause 1, Article 77 of this Law;
i)To give a written assessment on the process of the serving of the sentence by the sentenced person and include it in the monitoring book when he/she moves to another place;
j) To make statistics and send reports to a competent criminal judgment execution agency on judgment execution results;
k) To sanction according to its competence or propose a competent agency to sanction under law administrative violations committed by the sentenced person;
l) To settle complaints or denunciations about judgment execution under this Law.
2. The commune-level police chief shall advise and assist the commune-level People's Committee in organizing the performance of the tasks specified in Clause 1 of this Article.
3. The army unit assigned to supervise and educate the sentenced person has the tasks and powers specified at Points a, b. c, d, e, f, g, h, i and j, Clause 1 of this Article.
Article 75. Obligations of a sentenced person
1. To seriously realize his/her commitments on law observance, fulfillment of all civil obligations, compliance with internal rules and regulations of his/her place of residence or workplace; to actively work and learn; to serve all additional penalties and fulfill the obligations to pay damages and to remit the deducted part of his/her incomes under a court ruling.
2. To show up him)herself at the request of the commune-level People' Committee which is assigned lo supervise and educate him/her.
3. To declare his/her temporary absence when leaving his/her place of residence for one or more days.
4. To submit once every 3 months a written self-assessment of the serving of his/her sentence to the person directly supervising and educating him/her in law observance. In case of absence from his/her place of residence for between 3 and 6 months, to get a written assessment of the commune-level police office of the place in which he/she stayed and submit it to the commune-level People's Committee assigned to supervise and educate him/her.
Article 76. Work and learning of sentenced persons
1. A sentenced person who is a cadre, civil servant, public employee, military officer or professional serviceman, non-commissioned officer, soldier, defense worker, public security worker or laborer, if allowed to continue working in an agency or organization, shall be assigned to a job which meets supervision and education requirements and objectives and is entitled to salary and other benefits suitable to his/her job and have the period of performing this job included in his/her working or service time under law.
2. A sentenced person who is admitted by a general or vocational education institution is entitled to benefits under regulations of such institution.
3. A sentenced person who does not fall into the cases specified in Clauses 1 and 2 of this Article shall be assisted by the commune-level People's Committee of the place in which he/she serves his/her sentence in seeking employment.
4. A sentenced persons who is eligible under law for preferential treatment applicable to people with meritorious services to the revolution or social insurance benefits may continue enjoying such benefits and preferential policies provided for by law.
Article 77. Procedures for reduction of sentence term
1. When a sentenced person satisfies all conditions for reduction of a sentence term as specified in the Penal Code, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier to request the district-level people's court or the regional military court of the place in which the sentenced person resides or works to consider and decide on the reduction. Such a dossier comprises:
a) A copy of the legally effective judgment. In case of consideration for sentence term reduction for the second time on, a copy of the judgment execution decision is required instead;
b) The written request for sentence term reduction made by the commune-level People's Committee or army unit assigned to supervise and educate the sentenced person;
c) A commendation decision or certificate of merit issued by a competent agency to the sentenced person in case he)she has been commended or recorded a merit;
d) The written conclusion of a provincial-, military zone- or higher-level hospital on the illness of the sentenced person in case he/she suffers a dangerous disease:
e) A copy of the sentence term reduction decision in case the sentenced person has already been granted a reduction.
2. Within 15 days after receiving a sentence term reduction request dossier, a competent court shall hold a meeting to consider the sentence term reduction and notify in writing such meeting to the same-level procuracy, which shall send a procurator to attend the meeting. In case the dossier needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented dossier.
3. Within 3 working days after issuing a sentence term reduction decision, the court shail send this decision to the sentenced person, the sentence term reduction-requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based.
Article 78. Procedures for exemption from serving sentences
1. The district-level people's procuracy or regional military procuracy of the place in which a sentenced person resides or works shall consider and. at its own initiative or the request of the criminal judgment execution agency of the district-level police office or military zone, compile a dossier to request the court at the same level to consider exemption from serving the sentence. Such a dossier comprises:
a) A copy of the legally effective judgment;
b) The written request of the procuracy;
c) The written request of the criminal judgment execution agency in case this agency makes the request;
d) A petition of the sentenced person or his/her lawful representative for exemption from serving the sentence;
e) A written certification of a competent agency that the sentenced person has recorded a great merit or conclusion of a provincial-, military zone- or higher level hospital on the illness of the sentenced person in case he)she suffers a dangerous disease.
2. Within 15 days after receiving a dossier specified in Clause 1 of this Article, the competent court shall hold a meeting to consider the exemption and notify in writing such meeting to the same-level procuracy, which shall send a procurator to attend the meeting. In case the dossier needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented dossier.
3. Within 3 working days after issuing a decision on the exemption, the court shall send the decision to the person enjoying the exemption, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision, the criminal judgment execution agency at the same level, the commune-level People's Committee or army unit assigned to supervise and educate the sentenced person and the provincial-level Justice Department of the place in which the issuing court is based.
Article 79. Criticisms of sentenced persons
In case a sentenced person had breached his) her judgment execution obligation specified in Article 75 of this Law and has been admonished twice or more but still re-commits the breach, the commune-level People's Committee assigned to supervise and educate him/her shall coordinate with the managing agency or organization and the grassroots Vietnam Fatherland Front chapter in holding a meeting in the community of the place in which the sentenced person resides for making criticisms against such person. In case the sentenced person works at an army unit, the criticism shall be made in such army unit.
Criticisms must be recorded in a minutes to be included in the judgment execution dossier and reported to the criminal judgment execution agency of the district-level police office or military zone.
Article 80. Supplementation of judgment execution dossiers
1. The commune-level People's Committee or army unit assigned to supervise and educate a sentenced person shall add to his/her judgment execution dossier the following documents:
a) A decision of the commune-level People's Committee or army unit to assign a person to directly supervise and educate the sentenced person;
b) A written assessment of the sentenced person's performance of his/her obligation, made by the person assigned to supervise and educate the sentenced person;
c) A written self-assessment of the sentenced person's performance of his/her judgment execution 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 court decision in case the sentence term has already been reduced;
e) Other related documents.
2. The commune-level People's Committee or army unit assigned to supervise and educate the sentenced person shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office or military zone defined in Clause 3, Article 73 of this Law. The handover and receipt of the dossier shall be recorded in a minutes to be included in the judgment execution dossier.
Article 81. Responsibilities of families of sentenced persons
1. To coordinate with commune-level People's Committees and persons assigned to supervise and educate sentenced persons in supervising and educating these persons, and notify results of serving of the sentences by such persons to the commune-level People's Committees upon request.
2. To pay compensations for damage caused by and fulfill other civil obligations of sentenced persons being minors under court, judgments or decisions.
3. To attend meetings to criticize sentenced persons at the request of commune-level People's Committees assigned to supervise and educate such persons.
Chapter VI
EXECUTION OF RESIDENCE BAN OR PROBATION SENTENCE
Section I
EXECUTION OF RESIDENCE BAN SENTENCE
Article 82. Procedures for execution of residence ban sentence
1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of residence ban, the warden of the prison or detention camp or the head of the criminal judgment execution agency of the district-level police office shall notify such in writing the criminal judgment execution agency of the district-level police office of the place to which such person will come to reside and of the place in which he)she is banned from residing and the commune-level People's Committees of the place in which such person will come to reside and of the place in which he)she is banned from residing.
2. Immediately after an inmate subject to the additional penalty of residence ban completely serves his/her prison sentence, the prison or detention camp or the criminal judgment execution agency of the district-level police office of the place in which he)she has served the sentence shall send a certificate of complete serving of the prison sentence or a copy of the judgment and a copy of the judgment execution decision to the criminal judgment execution agency of the district-level police office of the place in which the sentenced person will come to reside.
3. Within 5 working days after receiving documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level police office of the place in which the sentenced person will come to reside shall compile and hand over a residence ban sentence execution dossier to the commune-level People's Committee of the place in which such person will come to reside. Such a dossier comprises:
a) A copy of the legally effective judgment or the prison sentence execution decision;
b) A certificate of complete serving of the prison sentence:
c) Other documents related to the judgment execution.
4. Three days before the expiration of the residence ban term, the commune-level People's Committee shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office for granting a certificate of complete serving of the residence ban sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he) she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-granting criminal judgment execution agency is based.
Article 83. Tasks and powers of commune-level People's Committees of places in which sentenced persons come to reside
1. A commune-level People's Committee of the place in which a sentenced person comes to reside has the following tasks and powers:
a) To receive the dossier and organize supervision and education of the sentenced person; to create conditions for him/her to normally work and learn;
b) To make a written assessment of the sentenced person's serving of the residence ban sentence to be included in the monitoring dossier when he/she changes the place of residence;
c) To request the sentenced person to commit to fulfilling his/her obligations and to fulfill such obligations; to take educational and preventive measures when such person shows signs of law violation;
d) To compile a dossier to request consideration of exemption from serving the remainder of the residence ban sentence for the sentenced person, and send it to the criminal judgment execution agency of the district-level police office;
e) To make statistics and report on judgment execution results to a competent criminal judgment execution agency;
f) To sanction according to its competence or request a competent agency to sanction under law administrative violations committed by the sentenced person:
g) To settle complaints and denunciations about judgment execution under this Law.
2. The commune-level police chief shall advise and assist the commune-level People's Committee in organizing the performance of the tasks specified in Clause 1 of this Article.
Article 84. Obligations of persons subject to residence ban sentence
1. To refrain from residing in areas in which they are banned from residing; to seriously realize their commitments on law observance.
2. To show up themselves at the request of commune-level People's Committees of places in which they reside.
Article 85. Rights of persons subject to residence ban sentence
1. To travel to places in which they are banned from residing when having a plausible reason and obtaining approval of commune-level People's Committees of these places. The duration of each sojourn shall be decided by commune-level People's Committees of places of destination but must not exceed 5 days.
2. To choose places of residence other than those in which they are banned from residing.
3. To be considered for exemption from serving the residence ban sentence as provided by this Law when satisfying all the conditions specified by law.
Article 86. Procedures for exemption from serving the remainder of the residence ban sentence
1. At the request of the commune-level People's Committee of the place in which a person subject to residence ban comes to reside, the criminal judgment execution agency of the district-level police office shall compile a dossier to request the court at the same level to consider exemption from serving the remainder of the residence ban sentence. Such a dossier comprises:
a) A copy of the judgment; a copy of the judgment execution decision;
b) The written request of the commune-level People's Committee;
c) The written request of the criminal judgment execution agency of the district-level police office;
d) A petition of the person subject to residence ban for the exemption;
e) Other related documents.
2. Within 15 days after receiving a dossier specified in Clause 1 of this Article, the competent court shall hold a meeting to consider the exemption and notify in writing such meeting to the same-level procuracy, which shall appoint a procurator to attend the meeting. In case the dossier needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented dossier.
3. Within 3 working days after issuing the exemption decision, the court shall send this decision to the person enjoying the exemption, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision, the criminal judgment execution agency at the same level, the commune-level People's Committees of the place in which such person comes to reside and of the place in which he/she is banned from residing, and the provincial-level Justice Department of the place in which the issuing court is based.
Article 87. Supplementation of residence ban sentence execution dossiers
1. The commune-level People's Committee of the place in which a sentenced person resides shall add to his/her residence ban sentence execution dossier the following documents;
a) A written assessment of the process of the serving of the residence ban sentence:
b) The court decision to exempt from serving the remainder of the residence ban sentence;
c) Other related documents.
2. The commune-level People's Committee of the place in which the sentenced person resides shall hand over the residence ban sentence execution dossier to the criminal judgment execution agency of the district-level police office under Clause 4, Article 82 of this Law. The dossier handover and receipt shall be recorded in a minutes to be included in the dossier.
Article 88. Responsibilities of commune-level People's Committees of places in which sentenced persons are banned from residing
When becoming aware of the presence of a person subject to residence ban in its locality, the commune-level People's Committee shall check and make a minutes on his/her breach and compel him/her to leave the locality, except the case specified in Clause 1, Article 85 of this Law, and then notify such to the commune-level People'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 months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of probation, the warden of the prison shall notify such in writing the criminal judgment execution agency of the district-level police office and the commune-level People's Committee of the place in which the inmate comes to reside for serving the probation sentence.
2. After an inmate subject to the additional penalty of probation completely serves the prison sentence, the prison shall hand over the person subject to probation together with copies of the judgment and judgment execution decision, the certificate of complete serving of the prison sentence, written assessment of results of the serving of the prison sentence and related documents to the criminal judgment execution agency of the district-level police office at the office of the commune-level. People's Committee of the place in which such person will come to reside. The criminal judgment execution agency of the district-level police office shall immediately hand over such person to the commune-level People's Committee for control and education.
Within 5 working days after receiving the sentenced person, the criminal judgment execution agency of the district-level police office shall compile and deliver a probation sentence execution dossier to the commune-level People's Committee. Such a dossier comprises:
a) A copy of the legally effective judgment; a copy of the prison sentence execution decision;
b) The certificate of complete serving of the prison sentence;
c) A minutes on the handover of the person subject to probation;
d) Documents on the process of the serving of the prison sentence and other related documents.
3. Three days before the expiration of the probation term, the commune-level People's Committee shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office for granting a certificate of complete serving of the probation sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-granting criminal judgment execution agency is based.
Article 90. Tasks and powers of commune-level People's Committees of places in which sentenced persons subject to probation reside
1. A commune-level People's Committee of the place in which a sentenced person subject to probation resides has the following tasks and powers:
a) To receive the sentenced person and the probation sentence execution dossier; to organize control and education of the sentenced person; to create conditions for him/her to normally work and learn in the place of probation; to make a written assessment of the process of the serving of the sentence to be included in the monitoring dossier;
b) To request the sentenced person to commit to fulfilling his/her obligations and to fulfill such obligations; to take educational and preventive measures when he)she shows signs of law violation; to summon him/her when necessary; to grant permission for him/her to leave the place of probation under Article 93 of this Law;
c) To make and send a written assessment of the process of the serving of the sentence to the criminal judgment execution agency of the district-level police office once every 3 months;
d) To compile a dossier to request consideration of exemption from serving the remainder of the probation sentence for the sentenced person, and send it to the criminal judgment execution agency of the district-level police office:
e) To sanction according to its competence or request a competent agency to sanction under law administrative violations committed by the sentenced person;
f) To make statistics and report on judgment execution results to a competent criminal judgment execution agency;
g) To settle complaints and denunciations about judgment execution under this Law.
2. The commune-level police chief shall advise and assist the commune-level People's Committee in organizing the performance of the tasks specified in Clause 1 of this Article.
Article 91. Obligations of persons subject to probation sentence
1. A person subject to probation sentence has the following obligations:
a) To submit to the control and education by the commune-level People's Committee and local people; to refrain from leaving the place of probation without permission;
b) To show up him)herself and report on his) her observance of probation rules to the commune-level People's Committee in the place of probation once in the first week of a month;
c) To be present at a prescribed place when summoned by the commune-level People's Committee or to give a plausible reason in case of absence;
d) To strictly observe policies, laws and regulations of the local administration; to actively work, learn and reform him)herself into a person useful for the society;
e) To declare his/her permitted temporary absence from the place of probation; to show up him/herself, produce the written permission and register his/her temporary residence or sojourn with the commune-level police office of the place of destination under regulations; to return to the place of probation within the prescribed time limit and show up him)herself to the commune-level People's Committee. If he)she leaves the place of probation without permission or in violation of the permission without plausible reasons, that time limit shall not be included in the probation sentence-serving duration.
2. Persons subject to probation sentence who intentionally refuse to perform the obligations specified in Clause 1 of this Article shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability.
Article 92. Rights of persons subject to probation sentence
1. To live with their families in places of probation.
2. To choose appropriate jobs, except for occupations, .sectors or jobs which they are banned from doing or working as specified by law; to enjoy their labor fruits.
3. To freely travel within communes, wards or townships of probation.
4. To be considered for exemption from the serving of the remainder of the probation sentence under Article 95 of this Law.
Article 93. Permission for persons subject to probation sentence to leave their places of probation
1. When having a plausible reason, a person subject to probation sentence may be permitted to leave his/her place of probation. The competence to grant permission is as follows:
a) The chairperson of the commune-level People's Committee in the place of probation shall grant permission for travel within the district of the place of probation;
b) The head of the criminal judgment execution agency of the district-level police office shall grant permission for travel within the province of the place of probation;
c) The head of the criminal judgment execution agency of the provincial-level police department shall grant permission for travel out of the province of the place of probation.
2. The duration in which a person subject to probation sentence is permitted to be absent from the place of probation shall be decided by the person competent to grant the permission but must not exceed 10 days. In case such person needs medical treatment, his/her duration of absence from the place of probation may be equal to the duration of medical treatment at a health establishment.
Article 94. Supplementation of probation sentence execution dossiers
1. The commune-level People's Committee of the place of probation shall add to a probation sentence execution dossier the following documents:
a) A written commitment of the person subject to probation sentence;
b) A written assessment of the process of the serving of the probation sentence;
c) The court decision to exempt from serving the remainder of the probation sentence;
d) Other related documents.
2. The commune-level People's Committee of the place of probation shall hand over a dossier specified in Clause 1 of this Article to the criminal judgment execution agency of the district-level police office under Clause 3, Article 89 of this Law. The dossier handover and receipt shall be recorded in a minutes to be included in the dossier.
Article 95. Procedures for exemption from the serving of the remainder of the probation sentence
1. At the request of the commune-level People's Committee of the place of probation, the criminal judgment execution agency of the district-level police office shall compile a dossier to request the court at the same level to consider exemption from the serving of the remainder of the probation sentence. Such a dossier comprises:
a) A copy of the legally effective judgment: a copy of the prison sentence execution decision;
b) The written request of the commune-level People's Committee of the place of probation;
c) The written request of the criminal judgment execution agency of the district-level police office;
d) A petition of the person subject to the probation sentence for exemption from serving the sentence;
c) Other related documents.
2. Within 15 days after receiving a dossier specified in Clause 1 of this Article, the competent court shall hold a meeting to consider the exemption and notify in writing such meeting to the same-level procuracy, which shall appoint a procurator to attend the meeting. In case the dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented dossier.
3. Within 3 working days after issuing a decision to exempt from serving the sentence, the court shall send such decision to the person enjoying the exemption, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision, the criminal judgment execution agency at the same level, the commune-level People's Committee in the place of probation, and the provincial-level Justice Department of the place-in which the court which has issued the exemption decision is based.
Chapter VII
EXECUTION OF EXPULSION SENTENCE
Article 96. Expulsion sentence execution decisions
1. In case expulsion is the principal penalty or an additional penalty while the principal penalty is a fine, the court which has conducted the first-instance trial shall issue a judgment execution decision. Such a decision must clearly indicate the full name and position of the issuer; the judgment to be executed; the full name, date of birth and place of residence of the sentenced person; additional penalty(ies); and the name of the agency responsible for executing the sentence.
2. In case expulsion is an additional penalty, the judgment execution decision must fully indicate the principal penalty and the additional penalty, except the case specified in Clause 1 of this Article.
Article 97. Notification of expulsion sentence execution
1. A court which issues an expulsion sentence execution decision under Clause 1 of Article 96 of this Law shall promptly send this decision to the criminal judgment execution agency of the provincial-level police department, the same-level procuracy and the provincial-level Justice Department of the place in which the issuing court is based. The criminal judgment execution agency of the provincial-level police department shall deliver the judgment execution decision to the sentenced person and promptly notify such to the Ministry of Foreign Affairs of Vietnam, the diplomatic representation mission or the consular office of the country of which the sentenced person is a citizen or the representative office of the international organization in which he)she works, and the agency or organization which has guaranteed his/her entry in Vietnam. In case the sentenced person is in temporary detention, the decision shall be sent to the detention camp and the criminal judgment execution agency of the district-level police office in the place of detention for subsequent delivery to such person.
2. In case an inmate is subject to the additional penalty of expulsion under Clause 2, Article 96 of this Law, 2 months before the expiration of the prison sentence term, the warden of the prison notify in writing to such inmate and the criminal judgment execution agency of the provincial-level police department of the place in which the prison is based. The criminal judgment execution agency of the provincial-level police department shall notify such to the Ministry of Foreign Affairs of Vietnam, the diplomatic representation mission or the consular office of the country of which the person subject to the expulsion sentence is a citizen or the representative office of the international organization in which he)she works, and the agency or organization which has guaranteed his/her entry in Vietnam.
Article 98. Expulsion sentence execution dossiers
1. Criminal judgment execution agencies of provincial-level police departments shall compile expulsion sentence execution dossiers.
2. An expulsion sentence execution dossier comprises:
a) A copy of the legally effective judgment; the expulsion sentence execution decision or a copy of the prison sentence execution decision in case expulsion is an additional penalty;
b) A copy of the passport or a copy of a valid substitute paper of the sentenced person;
c) Written certification of complete serving of other penalties or fulfillment of other obligations;
d) Other related documents.
Article 99. Stay pending exit
1. Pending his/her exit from Vietnam, a person subject to the expulsion sentence shall stay in a place designated by the criminal judgment execution agency of the provincial-level police department.
2. The criminal judgment execution agency of the provincial-level police department shall send a person subject to expulsion to an accommodation establishment of the Ministry of Public Security in case he/she:
a) Has no place of permanent residence or temporary residence:
b) Has illegally entered the country or committed a serious, very serious or extremely serious crime;
c) Has left the previously designated accommodation establishment without permission or failed to comply with management and supervision measures of a competent agency;
d) Has committed an illegal act or is believed to be likely to commit an illegal act pending his) her exit:
e) Has escaped, prepared for escape or otherwise obstructed the execution of the expulsion sentence;
f) Has contracted a particularly dangerous infectious disease specified in the Law on Prevention and Control of Infectious Diseases;
g) Wishes to stay in an accommodation establishment.
3. Procedures for sending a person subject to the expulsion sentence to an accommodation establishment are as follows:
a) In case he)she is on bail, the criminal judgment execution agency of the provincial-level police department shall escort him/her to an accommodation establishment;
b) In case he)she is in temporary detention, the detention camp or the criminal judgment execution agency of the district-level police office of the place of detention shall, upon receiving the judgment execution decision, hand over him/her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment:
c) If the inmate subject to the additional penalty of expulsion has completely served the prison sentence, the prison shall hand over him) her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment.
4. In case a person subject to the expulsion sentence dies pending his/her exit from Vietnam, the designated accommodation establishment or place of stay shall promptly notify the death to the criminal judgment execution agency of the provincial level police department, an investigative agency or a competent procuracy for identifying the cause of the death. The criminal judgment execution agency of the provincial-level police department shall notify the death in writing or via telegraph to the court which has issued the expulsion sentence execution decision, the Ministry of Foreign Affairs of Vietnam, the diplomatic mission or consular office of the country of which he)she is a citizen or the representative office of the international organization in which he)she works and the agency or organization which has guaranteed his/her entry in Vietnam. After obtaining permission of a competent agency, the criminal judgment execution agency of the provincial-level police department shall organize his/her burial. In case his/her relative or lawful representative requests to receive his/her corpse for burial and bear burial expenses, the criminal judgment execution agency of the provincial-level police department shall consider and settle the request.
5. The Government shall specify food rations, accommodation and other daily-life activities, visits, medical examination and treatment for persons subject to the expulsion sentence during their stay in accommodation establishments, and expenses for burial of those who die in these establishments.
Article 100. Handling of cases of run-away persons subject to the expulsion sentence
1. In case a person subject to the expulsion sentence escapes, the designated accommodation establishment or place of stay shall make a minutes thereon and promptly notify such to the criminal judgment execution agency of the provincial-level police department of the place in which exists the designated accommodation establishment or place of stay. Upon receiving such notice, the criminal judgment execution agency of the provincial-level police department shall promptly organize the pursuit of the runaway. If the pursuit is in vain, it shall issue a pursuit warrant within 7 days.
2. If the run-away person surrenders him/ herself, the receiving agency shall make a minutes thereon and notify such to the criminal judgment execution agency of the provincial-level police department for the latter to receive and send him/her to an accommodation establishment.
Article 101. Compulsion of exit from Vietnamese territory
1. Upon the expiration of the time limit for a person subject to the expulsion sentence to leave the Vietnamese territory, the criminal judgment execution agency of the provincial-level police department shall coordinate with a competent immigration management agency in checking the personal identity paper of such person and escort him/her to the place of exit and compel his/her to leave the Vietnamese territory. Such person may carry along his/her lawful personal possessions on his/her exit. Within 10 days after completely executing the expulsion sentence, the criminal judgment execution agency of the provincial-level police department shall notify the execution to the court which has issued the judgment execution decision, the same-level procuracy and the national center for personal judicial records.
2. The court which has issued the judgment execution decision is competent to decide on prolongation of the time limit for compelled exit from the Vietnamese territory of the sentenced person who:
a) Is seriously ill or under intensive medical care and therefore unable to move as certified by a medical agency or a provincial- or higher-level hospital;
b) Is currently serving another judgment or performing another obligation under Vietnam's law; or,
c) Cannot leave the Vietnamese territory for a plausible reason as certified by the head of the criminal judgment execution agency of the provincial-level police department.
Article 102. Expulsion expenses
Persons serving the expulsion sentence shall bear all air, road, railway and sea travel fares for their exit from the Vietnamese territory. In case such a person is unable to bear these expenses him)herself, the criminal judgment execution agency of the provincial-level police department shall coordinate with the immigration management agency in requesting the diplomatic mission or consular office of the country of which such person is a citizen or the representative office of the international organization in which he)she works or the agency or organization which has guaranteed his/her entry in Vietnam to pay expenses for sending him/her to his/her country. In case a request has already been made but such agency or organization still fails to pay expenses and expulsion must be executed immediately for a national security reason, the head of the criminal judgment execution agency of the provincial-level police department shall report such to the criminal judgment execution management agency of the Ministry of Public Security for decision on use of the slate budget to pay air, road, railway and sea travel fares for such person.
Chapter VIII
EXECUTION OF THE SENTENCE OF DEPRIVATION OF CERTAIN CIVIL RIGHTS
Article 103. Procedures for execution of the sentence of deprivation of certain civil rights
1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional sentence of deprivation of certain civil rights, the warden of the prison or detention camp, or the head of the criminal judgment execution agency of the provincial-level police department in case this inmate serves the sentence at the criminal judgment execution agency of the district-level police office, shall notify in writing the execution of the additional penalty to the commune-level People's Committee, the criminal judgment execution agency of the district-level police office and the district-level people's procuracy of the place in which this inmate will come to reside.
2. After an inmate subject to the additional sentence of deprivation of certain civil rights completely serves the prison sentence, the prison or detention camp shall send the certificate of complete serving of the prison sentence and copies of the judgment and judgment execution decision to the criminal judgment execution agency of the district-level police office of the place in which this inmate will come to reside.
3. Within 5 working days after receiving the documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level police office of the place in which the inmate will come to reside shall compile a dossier for execution of the sentence of deprivation of certain civil rights and notify such to the commune-level People's Committee of the locality in which the inmate comes to reside. Such a dossier comprises:
a) A copy of the legally effective judgment; a copy of the prison sentence execution decision;
b) The certificate of complete serving of the prison sentence;
c) Other documents related to the judgment execution.
4. In case a person subject to the sentence of deprivation of certain civil rights is allowed to serve a suspended sentence, the court which has issued the judgment execution decision shall send copies of the judgment and the judgment execution decision to the criminal judgment execution agency of the district-level police office. The criminal judgment execution agency of the district-level police office shall compile a dossier and notify such to the agency in which such person works or the commune-level People's Committee of the place in which such person resides.
5. The criminal judgment execution agency of the district-level police office shall monitor and supervise the execution of the sentence of deprivation of certain civil rights under the court judgment. Upon the expiration of the sentence term, the criminal judgment execution agency of the district-level police office shall grant a certificate of complete serving of the sentence of deprivation of certain civil rights. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he)she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-issuing criminal judgment execution agency is based.
Article 104. Deprivation of the right to elect or stand as candidates for deputies to a state power agency
1. During the period of deprivation of the right to elect or stand as a candidate for a deputy to a state power agency, a sentenced person may neither elect nor stand as a candidate for a deputy to a state power agency.
2. A commune-level People's Committee may not include a person subject to deprivation of the right to elect deputies to a slate power agency in a list of electors. In case a person whose name has been included in a list of electors but he)she has the right to election deprived of by a court before the vote-casting time, the commune-level People's Committee shall delete his/her name from the list of electors, withdraw his/her elector card and notify such to the criminal judgment execution agency of the district-level police office.
Article 105. Deprivation of the right to work in state agencies
1. During the period of deprivation of the right to work in state agencies, a sentenced person may neither apply for a job nor continue working in a state agency.
2. In case a sentenced person who is a cadre, civil servant or public employee in a state agency is deprived of the right to work in state agencies, the agency in which he)she works shall issue a decision or request a competent state agency to issue a decision to compel such person to resign from office or stop working during the period of deprivation of the right to work in state agencies.
Article 106. Deprivation of the right to serve in people's armed forces
1. During the period of deprivation of the right to serve in people's armed forces, a sentenced person may not conscribe him)herself for military service; may neither be recruited nor continue working as a civil servant, public employee or defense worker in the People's Army; may neither be recruited nor continue serving in the People's Public Security Force.
2. In case a sentenced person who is a serviceman, civil servant, public employee or defense worker in the People's Army or who serves in a People's Public Security Force agency or unit is deprived of the right to serve in people's armed forces, the unit in which he)she serves or works shall issue a decision or request a competent agency to issue a decision to compel him/her to leave people's armed forces.
Chapter IX
EXECUTION OF THE SENTENCE OF BAN FROM HOLDING CERTAIN POSITIONS, PRACTICING CERTAIN PROFESSIONS OR PERFORMING CERTAIN JOBS
Article 107. Procedures for execution of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs
1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional sentence of ban from holding certain positions, practicing certain professions or performing certain jobs, the warden of the prison or detention camp, or the head of the criminal judgment execution agency of the district-level police office of the place in which this inmate serves the prison sentence shall notify in writing the execution of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs to the commune-level People's Committee, the criminal judgment execution agency of the district-level police office and the district-level people's procuracy of the place in which this inmate will come to reside or to the criminal judgment execution agency and the procuracy of the military zone in which the unit such person will work in is based.
2. Right after an inmate subject to the additional sentence of ban from holding certain positions, practicing certain professions or performing certain jobs completely serves the prison sentence, the prison, detention camp or criminal judgment execution agency of the provincial-level police department shall send the certificate of complete serving of the prison sentence and copies of the judgment and the judgment execution decision to the criminal judgment execution agency of the district-level police office and the district-level procuracy of the place in which this inmate will come to reside or to the criminal judgment execution agency and the procuracy of the military zone in which the unit such person will work in is based.
3. Within 5 working days after receiving the documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier for execution of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs and notify such in writing to the commune-level People's Committee of the locality in which the sentenced person will reside. Such a dossier comprises;
a) A copy of the legally effective judgment; a copy of the prison sentence execution decision;
b) The certificate of complete serving of the prison sentence;
c) Other documents related to the judgment execution.
4. In case a person subject to an additional penalty of ban from holding certain positions, practicing certain professions or performing certain jobs is obliged to serve the principal penalty of caution, fine or non-custodial reform or is allowed to serve a suspended sentence, the term of the ban on holding certain positions, practicing certain professions or doing certain jobs shall be counted from the date the judgment becomes legally effective. The court which has issued the judgment execution decision shall send copies of the judgment and the judgment execution decision to the criminal judgment execution agency of the district-level police office and procuracy of the place in which such person will reside or the criminal judgment execution agency and procuracy of the military zone in which the unit such person will work in is based. Upon receiving the judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier and notify such to the agency, organization or army unit in which the person serving the sentence will work or the commune-level People's Committee of the place in which such person will reside.
5. The criminal judgment execution agency of the district-level police office or military zone shall monitor and supervise the serving of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs under the court judgment. Upon the expiration of the sentence term, the criminal judgment execution agency of the district-level police office shall grant a certificate of complete serving of the sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he) she resides, the agency, organization or army unit in which he)she works, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-issuing criminal judgment execution agency is based.
Article 108. Rights and obligations of persons serving the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs
1. A person serving the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs has the following rights:
a) To stand as a candidate for, be appointed or promoted to a position, practice a profession or do a job not subject to the ban;
b) To resume holding a position, practicing a profession or doing a job subject to the ban after completely serving the sentence;
c) To be granted a certificate of complete serving of the sentence upon the expiration of the sentence term.
2. While being banned from holding certain positions, practicing certain professions or performing certain jobs, a sentenced person has the following obligations:
a) To report on positions, professions or jobs he)she is banned from holding, practicing or doing to the agency or organization in which he/she works and to the commune-level People's Committee of the place in which he/she resides;
b) To refrain from further holding, practicing or doing or to be forced to refuse holding, practicing or doing certain positions, professions or jobs subject to the ban;
c) To refrain from standing as a candidate for a position subject to the ban;
d) To show up him)herself when being summoned by a competent agency in relation to his/her judgment execution.
Article 109. Responsibilities to execute the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs
1. The agency or organization in which a sentenced person works shall:
a) Issue a decision to relieve him/her of a position he/she is banned from holding or request a competent authority to issue such a decision and publicly notify it within the agency or organization;
b) Refrain from nominating, promoting, appointing or arranging him/her to a position, job or profession banned to him/her;
c) Report judgment execution results to the criminal judgment execution agency of the district-level police office or military zone;
d) Notify the agency or organization in which he)she is transferred to work of his/her serving of the sentence. This agency or organization shall comply with Points a, b and c of this Clause.
2. The commune-level People's Committee of the place in which a sentenced person resides shall:
a) Publicly notify the judgment in the place in which he)she comes to reside;
b) Report on judgment execution results to the criminal judgment execution agency of the district-level police office;
c) In case he)she moves to a new place of residence, notify the commune-level People's Committee in this place of his/her serving of the sentence. The commune-level People's Committee the new place of residence shall comply with Points a and b of this Clause.
Chapter X
EXECUTION OF JUDICIAL MEASURES
Section I
GENERAL PROVISIONS ON EXECUTION OF JUDICIAL MEASURES
Article 110. Decisions to apply judicial measures
1. Decisions to apply judicial measures include:
a) Decisions of courts or procuracies to apply the measure of compulsory medical treatment;
b) Judgments or decisions of courts to apply the measure of sending minor offenders to a reformatory or educating them in communes, wards or townships.
2. A decision to apply a judicial measure must clearly indicate the name of the agency and full name and position of the issuer; full name, date of birth and place of residence of the person subject to the judicial measure; and name of the agency responsible for the execution.
3. Within 3 working days after issuing a decision, the issuing agency shall send such decision to the following individual and agencies:
a) The person subject to the judicial measure or his/her lawful representative;
b) The same-level procuracy, in case the decision is issued by a court;
c) The criminal judgment execution agency of the district-level police office of the place in which the person subject to the judicial measure resides;
d) The mental hospital, in case of compulsory medical treatment:
e) The agency which has requested the court or procuracy to apply the measure of compulsory medical treatment.
Article 111. Principles of execution of judicial measures
1. Compliance with the Constitution and laws and assurance of the interests of (he State and the lawful rights and interests of organizations and individuals.
2. Strict observance of legally effective judgments and decisions by agencies, organizations and individuals.
3. Guarantee of socialist humanism: respect for the dignity and lawful rights and interests of persons subject to judicial measures.
4. Guarantee of education of and assistance for minor offenders in correcting their errors, developing healthily and becoming persons useful for the society.
5. Guarantee of medical treatment and care and functional rehabilitation for persons subject to the measure of compulsory medical treatment and prevention of their commission of acts dangerous to the society.
6. Guarantee of participation of agencies, organizations, individuals and families in education and reformation of persons subject to judicial measures.
Article 112. Prohibited acts in the execution of judicial measures
1. Organizing an escape or escaping from a reformatory; organizing an escape or escaping while being escorted for execution of judicial measures; rescuing persons being escorted for execution of judicial measures.
2. Failing to comply with decisions to apply judicial measures; obstructing or opposing the implementation of internal rules or regulations on the execution of judicial measures or decisions or requests of competent agencies or persons in executing judicial measures.
3. Inciting, instigating, dragging, enticing, helping or forcing others to violate the law on 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 the execution of judicial measures; infringing upon the lawful rights and interests of persons subject to judicial measures.
5. Abusing ones' positions and powers to request or not to request exemption from the execution or reduction of the term of judicial measures, postponement or termination of the execution of judicial measures in contravention of law.
6. Granting or refusing to grant decisions, certificates, written certifications or other papers on the execution of judicial measures in contravention of law.
7. Falsifying dossiers or records of execution of judicial measures.
Article 113. Agencies and organizations tasked to execute judicial measures
1. Mental hospitals 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's Committees of communes, wards or townships are tasked to execute the measure of education in communes, wards or townships.
Article 114. Tasks and powers of procuracies in executing judicial measures
1. Tasks and powers of procuracies in applying and executing judicial measures comply with the provisions of this Chapter.
2. Procuracies shall supervise the observance of law by agencies, organizations and individuals in executing judicial measures under this Law and relevant laws.
Article 115. Guarantee of conditions for execution of judicial measures
1. The State guarantees physical foundations and funds for execution of judicial measures.
2. The State encourages agencies, organizations, individuals and families to participate in educating persons subject to judicial measures in communes, wards, townships or reformatories.
Section 2. EXECUTION OF THE MEASURE OF COMPULSORY MEDICAL TREATMENT
Article 116. Competence to request application of the judicial measure of compulsory medical treatment, dossiers for sending persons to an establishment for compulsory medical treatment
1. The competence to request application of the judicial measure of compulsory medical treatment is as follows:
a) An agency which has accepted and is handling a case at the stage of investigation is competent to request application of the measure by the same-level procuracy;
b) A prison, detention camp or criminal judgment execution agency of a provincial-level police department at the stage of judgment execution is competent to request application of the measure by a provincial-level people's court of the place or the military court of the military zone in which it is based.
2. An agency requesting application of the judicial measure of compulsory medical treatment shall compile a dossier for sending a person to an establishment for compulsory medical treatment. Such a dossier comprises:
a) A decision of a procuracy or court to apply the measure of compulsory medical treatment:
b) Conclusions of a medical examination council;
c) Resume of the person subject to compulsory medical treatment;
d) Other related documents.
3. A court or procuracy which has decided at its own initiative to apply the judicial measure of compulsory medical treatment shall compile a dossier and request an agency currently handling the case at the stage of investigation or a prison, detention camp or criminal judgment execution agency of a district-level police office at the stage of judgment execution to send the person concerned to an establishment for compulsory medical treatment.
Article 117. Sending of persons to establishments for compulsory medical treatment
1. Upon receiving a decision to apply the measure of compulsory medical treatment, an agency currently handling a case at the stage of investigation or a prison, detention camp or criminal judgment execution agency of a district-level police office shall hand over the person subject to compulsory medical treatment and his/her dossier to a mental hospital designated under a procuracy or court decision, and concurrently send copies of the decision to apply the measure of compulsory medical treatment to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense.
2. The designated mental hospital shall receive the person subject to compulsory medical treatment and his/her dossier, and make a minutes on the handover and receipt. The agency responsible for sending the person to the mental hospital shall notify his/her family or relatives of the establishment in which he)she is medically treated.
Article 118. Medical treatment for persons subject to compulsory medical treatment
1. Mental hospitals shall manage and organize medical treatment for persons subject to compulsory medical treatment and may not discriminate against these persons.
2. During the period of compulsory medical treatment, relatives of a person subject to compulsory medical treatment may meet and jointly take care of such person and shall strictly comply with the mental hospital's regulations on patient visits and care.
3. In case a person subject to compulsory medical treatment escapes, the mental hospital shall make a minutes thereon and promptly notify such to the agency which has requested application of the measure of compulsory medical treatment and his/her family for coordination in pursuing and sending him/her back to the hospital.
4. Expenses for treatment of persons subject to compulsory medical treatment shall be paid by the State.
Article 119. Termination of execution of the measure of compulsory medical treatment
1. When a person subject to compulsory medical treatment has fully recovered, the director of the mental hospital shall notify such to the agency which has requested application of this measure so that the latter requests a medical examination council to examine such person's illness.
Based on the conclusion of the medical examination council that such person has fully recovered, the agency which has requested application of the measure of compulsory medical treatment shall request the court or procuracy which has issued the decision to apply the measure to issue a decision to terminate the execution of this measure.
2. The court or procuracy which has issued the decision to terminate the execution of the measure of compulsory medical treatment shall send this decision to the agency which has requested application of this measure for subsequent notification to the mental hospital and relatives of the person subject to the measure.
3. After receiving the termination decision from the court, the agency which has requested application of the measure of compulsory medical treatment shall come to receive the person subject to compulsory medical treatment. In case such decision is issued by a procuracy, upon receiving this decision, relatives of the person subject to compulsory medical treatment shall come to receive such person. The handover and receipt must be recorded in a minutes, clearly indicating the duration of medical treatment at the mental hospital.
Article 120. Handling of cases in which persons subject to compulsory medical treatment die
1. In case a person subject to compulsory medical treatment dies, the director of the mental hospital shall promptly notify such to an investigative agency or the provincial-level procuracy of the place in which the hospital is based for identifying the cause of the death and notify it to relatives of the deceased and agencies specified in Clauses 1 and 3, Article 116 of this Law.
2. After obtaining permission of competent investigative agency and procuracy, the hospital shall organize the burial. Burial expenses shall be paid by the state budget. In case relatives of the deceased wish to receive the corpse for burial and bear burial expenses, the hospital shall hand over the corpse to them for burial.
Section 3
EXECUTION OF THE MEASURE OF EDUCATION OF MINORS IN COMMUNES, WARDS OR TOWNSHIPS
Article 121. Procedures for execution of the measure of education in a commune, ward or township
1. A court which has issued a judgment or decision to apply the measure of education of a minor in a commune, ward or township shall send the judgment or decision to such minor and the criminal judgment execution agency of the district-level police office of the place in which he)she is educated.
Within 3 working days after receiving the court judgment or decision, the criminal judgment execution agency of the district-level police office shall send copies thereof to the commune-level People's Committee and the social organization or school designated by the court to supervise and educate the minor.
2. The chairperson of the commune-level People's Committee, the head of the social organization or the principal of the school designated by the court to supervise and educate the minor shall:
a) Compile a dossier for monitoring and assign a person to directly supervise and educate the minor;
b) Summon the minor subject to supervision and education and invite his/her lawful representative and the person assigned to directly supervise and educate him/her to its office to notify the assignment of a person to directly supervise and educate the minor; the rights and obligations of the minor and his/her lawful representative; the rights and obligations of the person directly supervising and educating the minor; and the term of the measure;
c) In case the minor changes his/her place of residence or learning, within 3 working days after he)she moves to a new place, notify such in writing to the criminal judgment execution agency of the district-level police office for transferring the supervision and education dossier to the commune-level People's Committee of the place in which he)she comes to reside, the agency, social organization or school in which he/she comes to learn. The commune-level People's Committee in the new locality or the new agency, social organization or school shall perform the tasks specified in this Law;
d) Once every 3 months, report to the criminal judgment execution agency of the district-level police office on the serving of the measure by the minor;
e) When the minor has served half of the sentence term and show considerable improvements, compile a dossier to request the criminal judgment execution agency of the district-level police office to consider and request a competent court to terminate the execution of the measure.
3. Within 5 days before the expiration of the term of the measure of education in a commune, ward or township against the minor, the chairperson of the commune-level People's Committee, the head of the social organization or the principal of the school designated by the court to supervise and educate the minor shall send a written notice enclosed with the dossier to the criminal judgment execution agency of the district-level police office for granting a certificate of complete serving of this measure. Upon the expiration of the term of the measure, the head of the criminal judgment execution agency of the district-level police office shall grant a certificate and send it to the minor, the chairperson of the commune-level People's Committee, the head of the social organization or (he principal of the school designated by the court to supervise and educate the minor, and the court which has issued the decision to apply the measure.
Article 122. Tasks of persons directly supervising and educating minors
1. To take the initiative in meeting these minors in order to identify the causes of, conditions and circumstances for their offenses and know their feelings and aspirations, and guide them in properly realizing his/her commitments and fulfilling other obligations under this Law.
2. To collaborate with families, schools, Youth Union organizations and related organizations in the places in which these minors reside or learn in supervising and educating them.
3. To report on a monthly basis to chairpersons of commune-level People's Committees, heads of social organizations and principals of schools who have assigned persons to directly supervise and educate these minors on the serving of the measure by these minors; and to promptly propose measures to prevent and handle these persons when they commit illegal acts.
Article 123. Rights and obligations of minors subject to education in communes, wards or townships
1. A minor subject to education in a commune, ward or township has the following rights:
a) To be treated without discrimination: to be entitled to assistance and favorable conditions for their learning, work and entertainment in the community;
b) To be considered by a court for ahead-of-time termination of the measure of education in a commune, ward or township under this Law;
c) Other rights provided for by law.
2. A minor subject to education in a commune, ward or township has the following obligations:
a) To make a written commitment with the commune-level People's Committee or the agency, social organization or school designated to supervise and educate him/herto strictly observe law; to actively learn, correct his/her errors, train him)herself and work. His/her commitment must have opinions of his/her lawful representative;
b) To submit to supervision and education by the person assigned to directly supervise and educate him)her;
c) To send once every three months a written self-criticism about the realization of his/her commitment to the chairperson of the commune-level People's Committee, the head of the social organization or the principal of the school designated to supervise and educate him)her. Such written self-criticism must contain assessments of the person directly supervising and educating him)her:
d) To ask for permission of the person directly supervising and educating him/her before leaving his/her place of residence for more than 30 days.
Section 4
EXECUTION OF THE MEASURE OF SENDING MINOR OFFENDERS TO A REFORMATORY
Article 124. Procedures for execution of the measure of sending minor offenders to a reformatory
1. Within 3 working days after issuing a judgment or decision to apply the measure of sending a minor offender to a reformatory- the court shall send such judgment or decision to the minor and the criminal judgment execution agency of the district-level police office of the place in which he)she resides.
2. Within 3 working days after receiving the court judgment or decision, the criminal judgment execution agency of the district-level police office of the place in which the minor resides shall report such to the criminal judgment execution management agency of the Ministry of Public Security for issuance of a decision to send him/her to a reformatory.
3. Within 3 working days after receiving the report of the criminal judgment execution agency of the district-level police office, the criminal judgment execution management agency of the Ministry of Public Security shall issue a decision to send the minor to a reformatory and send it to the criminal judgment execution agency of the district-level police office.
4. Within 5 working days after receiving the decision of the criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution agency of the district-level police office shall compile a dossier and hand over the minor to the reformatory. Such a dossier comprises:
a) A copy of the court judgment or decision;
b) The decision to send the minor to a reformatory:
c) The minor's resume certified by the commune-level People's Committee;
d) The personal identification statement;
e) Other related documents.
5. Upon receiving the person subject to the measure of sending to a reformatory (below referred to as pupil), the principal of the reformatory shall examine the dossier and make a minutes on the handover and receipt. Within 5 working days after receiving the pupil, the principal of the reformatory shall notify the receipt of the pupil to his/her parents or lawful representative.
Article 125. Postponement of the serving of the measure of sending to a reformatory
1. A minor may be allowed to postpone the serving of the measure of sending to a reformatory in the following cases:
a) He)she is seriously ill, receiving an intensive medical care or physically unable lo move as certified by a medical treatment establishment or a hospital of district or higher level;
b) He)she has another plausible reason as certified by the head of the criminal judgment execution agency of the district-level police office,
2. The criminal judgment execution agency of the district-level police office shall carry out procedures for requesting the court which has issued the decision to apply the measure of sending to a reformatory to consider and decide on the postponement. The court issuing the decision to postpone the serving of the judicial measure shall send this decision to the criminal judgment execution agency of the district-level police office, the same-level procuracy and the person allowed to postpone the serving of the judicial measure.
3. When the reason for postponement specified in Clause 1 of this Article no longer exists, the criminal judgment execution agency of the district-level police office shall notify such to the court for issuance of an execution decision.
Article 126. Handling of cases in which persons subject to the judicial measure of sending to a reformatory escape
1. In case a person against whom a decision to apply the measure of sending to a reformatory has been issued escapes, the criminal judgment execution agency of the district-level police office of the place in which he)she resides shall issue a decision lo pursue and take him/her back to the reformatory and report results to the criminal judgment execution management agency of the Ministry of Public Security.
2. Upon detecting a run-away person subject to the judicial measure who is being pursued, an individual, family, agency or organization shall report such to the nearest police office or administration or arrest and take him/herlo such an agency. Upon receiving and detaining such person, the police office shall make a minutes thereon and promptly send him/her to a reformatory.
Article 127. Management of pupils
1. Pupils shall submit to supervision and management of cadres and teachers of reformatories and strictly observe these reformatories' internal rules.
2. Depending on the pupils' age, gender, education as well as the nature and severity of offenses, reformatories shall divide pupils into groups and classes and assign teachers to directly take charge of them.
3. In case a pupil escapes, the principal of the reformatory shall issue a pursuit decision and organize the pursuit. The period during which a pupil escapes shall not be included 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 coercive measure as specified by law. People's Committees and police offices at all levels shall coordinate with one another in pursuing and arresting run-away pupils. Anyone who detects a pursued pupil shall promptly notify such to the nearest police office or People's Committee or arrest and take him/her to such an agency.
Upon arresting or receiving a run-away pupil, the police office shall make a written minutes take testimonies of, detain and manage such person, and promptly notify such to the reformatory which has issued a pursuit decision. Upon receiving such notification, the reformatory shall promptly send a person to receive and take the run-away pupil back to the reformatory. The handover and receipt of run-away pupils must be recorded in minutes. The detention period shall be included in the period of execution of the measure of sending to a reformatory.
Article 128. Implementation of transfer orders
1. Upon receiving a written request of a competent procedure-conducting agency or person for transfer of a pupil, the head of the criminal judgment execution management agency of the Ministry of Public Security shall issue a transfer order.
2. When necessary to transfer a pupil for educational or medical examination and treatment purposes, the principal of the reformatory shall issue a transfer order.
3. A transfer order must contain details specified in Clause 4, Article 35 of this Law.
4. The transfer-requesting agency shall receive the transferred pupil and return him/her to the reformatory within the time limit indicated in the transfer order, and make a minutes of the handover and receipt. Expenses for travel and accommodation of transferred pupils shall be paid from the state budget by agencies receiving them.
The transfer period shall be included in the period of serving the measure of sending to a reformatory.
Article 129. General education, vocational educational and job training
1. Pupils in reformatories shall be provided with general education, vocational education and job training under programs promulgated by the Ministry of Education and Training, the Ministry of Public Security and the Ministry of Labor, War Invalids and Social Affairs.
General education is compulsory for pupils who have not yet completed primary education or lower secondary education. Appropriate forms of education shall be organized for other pupils depending on practical capability and conditions.
2. After class, pupils shall participate in labor activities organized by their reformatories. Reformatories shall assign jobs suitable to the age and health of pupils so as to assure their normal physical development and may not assign heavy, dangerous or hazardous jobs to them.
The labor time of a pupil must not exceed 2 hours per day. The learning and labor lime of a pupil must not exceed 7 hours per day and 35 hours per week.
Pupils' labor fruits shall be used for improving their living and learning conditions.
3. Pupils are entitled to days off being Saturdays, Sundays and public holidays as specified by law.
4. Expenses for purchase of textbooks and notebooks and learning equipment for pupils shall be covered by the state budget.
Article 130. Examination, assessment and grading of pupils and organization of exams
1. Reformatories shall organize examination, assessment and ranking of their pupils and organize term, year-end and grade exams, exams for selection of excellent pupils or other exams.
2. Mark books, school reports, dossiers and forms relevant to the learning of pupils shall be made according to forms uniformly set by the Ministry of Education and Training.
3. General education and job training certificates granted by reformatories to their pupils are as valid as certificates granted by general education and job training schools.
Article 131. Cultural, artistic, entertainment and recreational activities
After learning or laboring hours, pupils may participate in cultural activities, art performances, sports and physical exercise, read books and newspapers, watch television and other recreational activities organized by reformatories.
Article 132. Meals and clothing of pupils of reformatories
1. Pupils arc entitled to standard rations of rice, vegetable, meat, fish, sugar, fish sauce, seasonings, salt and fuel.
On public holidays and the calendar new year day, pupils shall be provided with higher food rations not exceeding three times the normal daily one. On the lunar new year days, pupils shall be provided with higher food rations not exceeding five times the normal daily one.
Meals for ill, diseased or injured pupils shall be prescribed by medical doctors.
Drinking water and water for daily-life activities of pupils must be clean water meeting the criteria prescribed by the health sector.
2. Annually, pupils shall be provided with clothing, blankets, mats, mosquito nets and other items for daily-life use. Female pupils will be additionally provided with items necessary for their personal hygiene.
3. The Government shall specify this Article.
Article 133. Lodging conditions and daily-life items of pupils
1. Depending on the gender, age, personal characteristics, nature and severity of offense of each pupil, a reformatory shall arrange a suitable lodging place for him/her in a communal room. Such a room must be airy in summer, tight in winter and environmentally sanitary. The minimum sleeping space for each pupil is 2.5 square meters (m2).
2. Pupils shall be provided with beds and mats and may use their personal items in daily life activities, except those banned in reformatories-Items necessary for daily life activities of pupils shall be lent or provided by reformatories.
Article 134. Healthcare for pupils
1. Pupils shall be given periodical health checks. Ill, diseased or injured pupils shall be 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 treatment establishment. Expenses for medical examination and treatment shall be paid by reformatories.
2. Expenses for medical examination and treatment specified in Clause 1 of this Article shall be paid under the Government's regulations. Expenses for detoxification or treatment of drug-addicted or HTV)AIDS-affected pupils in these reformatories shall be paid as stale allocations for drug addict detoxification centers within prescribed limits upon request of the criminal judgment execution management agency of the Ministry of Public Security. For pupils allowed to leave reformatories for medical treatment in their families, their families shall pay medical examination and treatment expenses.
Article 135. Handling of cases in which pupils die
In case a pupil dies, the principal of his/her reformatory shall promptly notify such to the provincial-level investigative agency and procuracy of the place in which the pupil dies for identifying the causes of the death and concurrently notify such to his/her relatives.
After obtaining permission of the investigative agency and procuracy for burial, the reformatory shall organize the burial and report such to the criminal judgment execution management agency of the Ministry of Public Security for notification to the court which has issued the decision to apply the measure of sending to a reformatory. Burial expenses shall be paid by the state budget. In case relatives of the deceased wish to organize the burial themselves and pay burial expenses, the corpse of the deceased shall be handed over to their relatives. The burial shall be conducted in a secure, order and environmentally hygiene manner.
Article 136. Visits, correspondence and receipt of money, items and personal possessions of pupils
1. Pupils may meet their relatives at places of reception in their reformatories and strictly comply with regulations on visits.
2. Pupils may send and receive letters and presents, except liquor, beer, cigarettes, other stimulants and banned articles and cultural matters. Reformatories shall check letters and presents before they are sent or received by pupils. Pupils shall deposit their money or valuable papers at their reformatories for management and use under regulations of the reformatories.
Article 137. Termination of the serving of the measure of sending to a reformatory
A pupil who has served half of the term of the of sending to a reformatory and actively learned and trained him)herself and properly observed internal rules of the reformatory may be considered, at the proposal of the reformatory's principal, by the district-level court of the place in which the reformatory is based for ahead-of-time termination of the serving of the measure. The court issuing the termination decision shall send it to the pupil. the reformatory, the court which has issued the decision to apply the measure of sending to a reformatory, the same-level procuracy, and the criminal judgment execution management agency of the Ministry of Public Security. Upon receiving the decision, the principal of the reformatory shall carry out procedures for discharging the pupil.
Article 138. Commendation, reward, and handling of violations
1. Pupils who have strictly observed the law and internal rules of reformatories, recorded good or better learning results or merits are entitled to the following forms of commendation or reward under decisions of reformatory principals:
a) Receiving commendation, certificates of merit or presents;
b) Going on sightseeing trips organized by the reformatory.
2. Pupils who have violated learning or labor discipline or committed other acts in violation of internal rules of reformatories shall, depending on the nature and severity of their violations, be subjected to the following measures under decisions of reformatory principals:
a) Reprimand;
b) Caution;
c) Special education in a separate room.
Pupils subject to special education shall make written self-criticisms and criticize themselves before their group or class.
3. Decisions on commendation, reward or handling of violations shall be inserted in dossiers of pupils.
Article 139. Procedures for pupils to be discharged from reformatory
1. At least 1 month before the expiration of the term of the measure of sending to a reformatory for a pupil, the principal of the reformatory shall notify in writing the commune-level People's Committee of the locality in which such pupil will come to reside and his/her family of the date of discharge from the reformatory.
2. On the last day of the term of the measure of sending to a reformatory, the principal shall issue a certificate of complete serving of the measure for the discharged pupil and send it to the criminal judgment execution management agency of the Ministry of Public Security, the court which has issued the decision to apply the measure and the commune-level People's Committee of the place in which such pupil will come to reside.
3. When discharged from a reformatory, a pupil shall return all items lent by the reformatory and may receive his/her money, articles and personal possessions previously deposited at the reformatory, certificates of general education and job training, travel fare and meal allowance for their return to their places of residence. For a pupil who has made no considerable improvement by the expiration of the term of the measure of sending to a reformatory, the reformatory principal shall make a separate assessment and propose subsequent educational measures to be applied by the commune-level People's Committee and the criminal judgment execution agency of the district-level police office of the place in which such person will come to reside.
4. For a pupil who has completely served the measure of sending to a reformatory but whose parents and place of residence arc unknown, the reformatory shall contact and request the commune-level People's Committee of the place in which it is based to provide housing and employment or learning supports.
5. For an under-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 bring him/her back to his/her family or hand him/her over to the commune-level People's Committee of the place in which he/she will come to reside.
6. Within 10 days after the dale of discharge, a pupil who has completely served the measure of sending to a reformatory shall report him/herself to the commune-level People's Committee of the place in which he)she comes to reside.
Article 140. Expenses for execution of the measure of sending to a reformatory
1. Expenses for execution of the measure of sending to a reformatory shall be paid by the state budget. The criminal judgment execution management agency of the Ministry of Public Security shall make annual budget estimates for execution of the measure of sending to a reformatory and incorporate them in its annual budget estimates for submission to the Ministry of Finance for consideration and submission to a competent authority for decision.
2. Reformatories may receive material supports of local People's Committees, domestic agencies, organizations and individuals, foreign individuals and organizations for organizing general education, vocational education, job training, and purchase of learning equipment and daily-life items for their pupils.
Chapter XI
INSPECTION OF EXECUTION OF CRIMINAL JUDGMENTS
Article 141. Tasks and powers of procuracies in inspecting criminal judgment execution
In inspecting criminal judgment execution, a procuracy has the following tasks and powers:
1. To request courts at the same level and lower levels to issue decisions to execute criminal judgments in accordance with law;
2. To request courts, criminal judgment execution agencies, agencies and organizations assigned to perform some tasks of criminal judgment execution to self-examine their criminal judgment execution and notify examination results to it; to supply dossiers and documents related to criminal judgment execution;
3. To detect and promptly handle illegal acts in the criminal judgment execution according to its competence; to decide on immediate release of persons currently serving groundless and unlawful prison sentences;
4. To inspect on a periodical or extraordinary basis the observance of law in the judgment execution by criminal judgment execution agencies at the same level and lower levels, agencies and organizations assigned to perform some tasks of criminal judgment execution; to inspect criminal judgment execution dossiers of criminal judgment execution agencies at the same level and lower levels, and agencies and organizations assigned to perform some tasks of criminal judgment execution. Provincial-level people's procuracies shall directly inspect the observance of law, make protests, proposals or requests regarding the execution of prison sentences by local prisons;
5. To request exemption from, postponement, suspension or termination of the serving of sentences; to participate in the consideration of reduction of the term of or exemption from serving sentences or judicial measures, or reduction of the probation term:
6. To make protests, proposals or requests regarding the execution of criminal judgments by courts, criminal judgment execution agencies at the same level and lower levels, agencies and organizations assigned to perform some tasks of criminal judgment execution and related persons; to request termination of the execution, amendment or annulment of unlawful decisions in the criminal judgment execution; to terminate illegal acts;
7. To receive and settle complaints and denunciations about management and education of persons subject to prison sentence; to inspect the observance of law in the settlement of complaints and denunciations about criminal judgment execution;
8. To institute lawsuits or request investigative agencies to institute criminal lawsuits upon detecting signs of crime in the criminal judgment execution under law.
Article 142. Inspection of the observance of law in the settlement of complaints and denunciations
1. Procuracies shall directly inspect the settlement of complaints and denunciations by courts, criminal judgment execution management agencies, criminal judgment execution agencies, and agencies and organizations assigned to perform some tasks of criminal judgment execution.
2. In inspecting the settlement of complaints and denunciations in the criminal judgment execution, procuracies may request courts, criminal judgment execution management agencies, criminal judgment execution agencies. and agencies and organizations assigned to perform some tasks of criminal judgment execution at the same level and lower levels:
a) To issue documents on settlement of complaints and denunciations under Chapter XIII of this Law;
b) To examine the settlement of complaints and denunciations falling within their competence and by their subordinates; to notify settlement results to procuracies;
c) To supply dossiers and documents relevant to the settlement of complaints and denunciations 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 execution shall, within the ambit of their tasks and powers, examine, settle and reply to proposals, protests and requests, and execute procuracy decisions on criminal judgment execution.
Within 15 days after receiving protests specified in Clause 6, Article 141 of this Law, courts, criminal judgment execution management agencies, criminal judgment execution agencies, or agencies or organizations assigned to perform some tasks of criminal judgment execution shall issue replies. In case of disagreement with these protests, these agencies and organizations may lodge complaints with immediate superior procuracies, which shall settle these complaints within 15 days after receiving them. Decisions of immediate superior procuracies must be executed.
Criminal judgment execution agencies shall promptly execute decisions specified in Clause 3. Article 141 of this Law. Even if disagreeing with these decisions, they shall still execute them but may lodge complaints with immediate superior procuracies. Within 10 days after receiving a complaint, the director of the immediate superior procuracy shall settle it.
Chapter XII
GUARANTEE OF CONDITIONS FOR EXECUTION OF CRIMINAL JUDGMENTS
Article 144. Guarantee of payrolls and personnel for criminal judgment execution
1. The Slate shall assure necessary payrolls and personnel for criminal judgment execution management agencies and criminal judgment execution agencies.
2. Persons engaged in criminal judgment execution must be provided with professional training and legal knowledge necessary for their assigned tasks and powers.
Article 145. Guarantee of physical foundations for criminal judgment execution
Based on requirements of criminal judgment execution, areas of operation and socio-economic conditions, the State shall assure physical foundations of criminal judgment execution management agencies and criminal judgment execution agencies, including land, offices and other works; equipment, weapons, supporting tools, vehicles, communications and professionally technical equipment and other physical and technical conditions. It shall prioritize assurance of physical foundations of agencies located in deep-lying, remote and mountainous regions, regions meeting with exceptional difficulties and areas of strategic importance to national security, social order and safety.
Article 146. Equipping and use of weapons, professionally technical equipment and supporting tools in criminal judgment execution
While executing criminal judgments, officers, non-commissioned officers, professional servicemen and soldiers of the People's Public Security Force and the People's Army shall be equipped with and allowed to use weapons, professionally technical equipment and supporting tools in accordance with law.
Article 147. Database on criminal judgment execution
1. The database on criminal judgment execution managed by the Ministry of Public Security constitutes part of the national database system of crime prevention and combat information and serves the state management of criminal judgment execution.
2. The development, data collection, storage, processing, protection, exploitation and use of the database on criminal judgment execution shall be specified by the Government.
Article 148. Allocation of funds for criminal judgment execution
The State shall allocate funds for criminal judgment execution activities. The estimation, use and settlement of funds for criminal judgment execution activities comply with the Law on the State Budget.
Article 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 Security Force; defense workers and public employees and other persons performing criminal judgment execution tasks are entitled to entitlements and preferential policies provided for by law.
2. Officers, non-commissioned officers and soldiers of the People's Public Security Force; officers, non-commissioned officers, professional servicemen and soldiers of the People's Army performing criminal judgment execution tasks may be bestowed with titles or promoted to higher ranks of people's armed forces and enjoy entitlements arid preferential policies provided for by law.
3. Agencies, organizations and individuals that record merits in the execution of criminal judgments shall be commended and rewarded. Persons who suffer loss of life, health or property and their families enjoy entitlements and policies provided for by law.
Chapter XIII
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION
Section 1
COMPLAINTS IN CRIMINAL JUDGMENT EXECUTION AND SETTLEMENT THEREOF
Article 150. Right to lodge complaints in criminal judgment execution
1. Criminally sentenced persons and other related agencies, organizations and individuals may lodge complaints about decisions or acts of agencies and persons competent to execute criminal judgments if they have grounds to believe that these decisions or acts are unlawful and infringe upon their lawful rights and interests.
2. The statute of limitations for lodging first-lime complaints is 30 days after receiving or becoming aware of a decision or an act of criminal judgment execution which he complainant considers unlawful.
In case a person is unable to lodge his/her complaint within the statute of limitations due to illness, natural disaster or enemy sabotage or working or learning far away or another objective impediment, the period during which such impediment exists shall be excluded from the statute of limitations for lodging complaints.
For subsequent complaints, the applicable statute of limitations is 15 days after receiving a complaint settlement decision of a competent person.
Article 151. Cases in which a complaint about criminal judgment execution is not accepted for settlement
1. The complained decision or act is not directly related to the lawful rights and interests of the complainant.
2. The complainant has neither full civil act capacity nor a lawful representative, unless otherwise provided by law.
3. The representative has not paper evidencing that his/her representation is lawful.
4. The statute of limitations for lodging a complaint has expired.
5. The complaint has been already settled under a legally effective decision.
Article 152. Competence to settle complaints in criminal judgment execution
1. Chairpersons of commune-level People's Committees shall settle complaints about unlawful decisions or acts of agencies, organizations and individuals assigned to supervise and educate persons serving criminal sentences in their communes, wards or townships.
2. Heads of criminal judgment execution agencies of district-level police offices shall settle complaints about:
a) Unlawful decisions or acts of deputy heads, officers, non-commissioned officers and soldiers under their agencies' management, except the case specified in Clause 8 of this Article;
b) Unlawful decisions or acts of chairpersons of commune-level People's Committees;
c) Complaint settlement 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) Unlawful decisions or acts of heads of criminal judgment execution agencies of district-level police offices;
b) Complaint settlement decisions of heads of criminal judgment execution agencies of district-level police offices. Their legally effective complaint settlement decisions.
4. Heads of criminal judgment execution agencies of provincial-level police departments shall settle complaints about unlawful decisions or acts of officers, non-commissioned officers and soldiers under their agencies' management, except the case specified in Clause 8 of this Article.
5. Directors of provincial-level police departments shall settle complaints about:
a) Unlawful decisions or acts of heads of criminal judgment execution agencies of provincial-level police departments;
b) Complaint settlement decisions of heads of criminal judgment execution agencies of provincial-level police departments and district-level police chiefs. Their legally effective complaint settlement decisions.
6. The head of the criminal judgment execution management agency of the Ministry of Public Security shall settle complaints about unlawful decisions or acts of officers, noncommissioned officers and soldiers under his) her agency's management, except the case specified in Clause 8 of this Article.
7. The Minister of Public Security shall settle complaints about:
a) Unlawful decisions or acts of the head of the criminal judgment execution management agency of the Ministry of Public Security, except the case specified in Clause 8 of this Article;
b) Complaint settlement decisions of directors of provincial-level police departments and the head of the criminal judgment execution management agency of the Ministry of Public Security, except the case specified in Clause 8 of this Article. His/her legally effective complaint settlement decisions.
8. Chairmen of provincial-level, military zone-level and district-level procuracies shall settle complaints about unlawful decisions or acts of persons assigned to manage and educate inmates in performing their assigned tasks. Chairmen of higher-level procuracies are competent to settle complaints about decisions of lower-level procuracies. Complaint settlement decisions of chairmen of higher-level procuracies are legally effective for execution.
Article 153. Competence to settle complaints about criminal judgment execution in the People's Army
1. Heads of criminal judgment execution agencies of military zones shall settle complaints about unlawful decisions or acts of officers, professional servicemen, noncommissioned officers and soldiers of army units and criminal judgment execution agencies of military zones in criminal judgment execution, except the case specified in Clause 8, Article 152 of this Law.
2. Military zone commanders and holders of equivalent ranks shall settle complaints about:
a) Unlawful decisions or acts of heads of criminal judgment execution agencies of military zones, except the case specified in Clause 8, Article 152 of this Law;
b) Complaint settlement decisions of heads of criminal judgment execution agencies of military zones, except the case specified in Clause 8. Article 152 of this Law. Their legally effective complaint settlement decisions.
3. The head of the criminal judgment execution management agency of the Ministry of National Defense shall settle complaints about unlawful decisions or acts of officers, noncommissioned officers, professional servicemen and soldiers under his/her agency's management, except the case specified in Clause 8. Article 152 of this Law.
4. The Minister of National Defense shall settle complaints about:
a) Unlawful decisions or acts of the head of the criminal judgment execution management agency of the Ministry of National Defense, except the case specified in Clause 8, Article 152 of this Law;
b) Unlawful decisions or acts of military zone commanders and holders of equivalent ranks, except the case specified in Clause 8, Article 152 of this Law;
c) Complaint settlement decisions of the head of the criminal judgment execution management agency of the Ministry of National Defense, military-zone commanders and holders of equivalent ranks, except the case specified in Clause 8, Article 152 of this Law. His/her legally effective complaint settlement decisions.
Article 154. Rights and obligations of complainants in criminal judgment execution
1. A complainant has the following rights:
a) To personally lodge his/her complaint or authorize his/her lawful representative to do so;
b) To lodge complaints in any stage of the criminal judgment execution process;
c) To withdraw his/her complaints in any stage of the complaint settlement process;
d) To receive written replies on complaint settlement;
e) To have his/her infringed lawful rights and interests restored and receive compensations for damage in accordance with law.
2. A complainant has the following obligations:
a) To truthfully report on the case and provide information and documents to the complaint-settling person; to take responsibility before law for reported contents and provided information and documents;
b) To abide by legally effective complaint settlement decisions.
Article 155. Rights and obligations of complained persons in criminal judgment execution
1. A complained person has the following rights:
a) To furnish proof of the lawfulness of his/her complained criminal judgment execution decision or act:
b) To receive a document on the settlement of the complaint about his/her criminal judgment execution decision or act.
2. A complained person has the following obligations:
a) To explain his/her complained criminal judgment execution decision or act. and provide relevant information and documents at the request of competent agencies, organizations and individuals;
b) To abide by legally effective complaint settlement decisions.
Article 156. Tasks and powers of persons competent to settle complaints in criminal judgment execution
A person competent to settle complaints in criminal judgment execution has the following tasks and powers:
1. To receive and settle complaints about criminal judgment execution decisions or acts:
2. To request complainants and complained persons to give explanations and provide information and documents relevant to the complaints;
3. To notify in writing the acceptance of complaints for settlement and send settlement decisions to complainants:
4. To take responsibility before law for their settlement of complaints.
Article 157. Time limit for settlement of complaints in criminal judgment execution
1. The time limit for settlement of a first-time complaint is 15 days after this complaint is accepted for settlement.
2. The time limit for settlement of a second-lime complaint is 30 days after this complaint is accepted for settlement.
3. The time limit for settlement of a complaint may be prolonged when necessary in complicated cases for 30 days at most after the expiration of the prescribed time limit.
Article 158. Complaints about elaboration of a list of persons proposed to enjoy amnesty and settlement thereof
The lodging of complaints about elaboration of a list of persons proposed to enjoy amnesty and the competence and time limit for settlement of these complaints comply with Articles 32 and 33 of the Law on Amnesty.
Article 159. Receipt and acceptance for settlement of complaints in criminal judgment execution
1. Competent agencies and persons shall receive all complaints in criminal judgment execution. Within 24 hours after receiving complaints lodge by inmates as specified in Clause 8, Article 152 of this Law. wardens of prisons or detention camps and heads of criminal judgment execution agencies of district-level police offices shall promptly forward these complaints to competent procuracies.
2. Within 3 working days after receiving complaints, competent agencies and persons defined in Articles 152 and 153 of this Law and Clause 1 of this Article shall accept them for settlement and notify in writing complainants of the acceptance. In case of refusal to accept a complaint for settlement, they shall reply in writing clearly stating the reason.
Article 160. Dossiers for settlement of complaints in criminal judgment execution
1. A complaint settlement dossier comprises:
a) Written complaint or written record of complaint details;
b) Written explanations of the complained person;
c) Written records of appraisal, verification and conclusion;
d) Complaint settlement decision; e) Other related documents.
2. Complaint settlement dossiers shall be numbered and preserved at complaint-settling agencies.
Article 161. Order of settlement of first-time complaints in criminal judgment execution
After accepting a complaint for settlement, a person competent to settle complaints defined in Articles 152 and 153 of this Law shall verify it by requesting the complainant and the complained person to give explanations and provide information and documents relevant to the complaint and meeting concerned agencies, organizations and individuals to clarify complaint details, and issue a first-time complaint settlement decision.
Should, within the statute of limitations prescribed by law. the complainant make no further complaint, the first-time complaint settlement decision will become legally effective for execution.
Article 162. Contents of first-time complaint settlement decisions in criminal judgment execution
A first-time complaint settlement decision must contain the following principal details:
1. Date of issuance;
2. Full names and addresses of the complainant and complained person;
3. Complaint details;
4. Results of verification of complaint details;
5. Legal grounds for the settlement of the complaint;
6. Conclusion that the complaint is totally right, partially right or totally wrong;
7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or forced termination of the execution of the complained decision or complained act;
8. Compensation for damage and remedy of consequences caused by the unlawful decision or act;
9. Guidance on the right of the complainant to lodge further complaints.
Article 163. Procedures for settlement of second-time complaints in criminal judgment execution
1. In case of further lodging a complaint, a complainant shall send a written complaint enclosed with a copy of the first-time complaint settlement decision and relevant documents to a person competent to settle second-time complaints.
2. In the course of second-time complaint settlement, a person competent to settle complaints defined in Articles 152 and 153 of this Law may request the person who has settled the first-time complaint and concerned agencies, organizations and individuals to provide information and documents related to complaint details; summon the complained person and the complainant when necessary; and shall conduct verification and take other measures specified by law to settle the complaint. Upon receiving a request, agencies, organizations and individuals shall comply with such request. Second-time complaint settlement decisions are legally effective for execution.
Article 164. Contents of a second-time complaint settlement decision in criminal judgment decisions
1. Date of issuance.
2. Full names and addresses of the complainant and complained person.
3. Complaint details.
4. Results of verification of complaint details.
5. Legal grounds for the settlement of the complaint.
6. Conclusion on complaint details and the settlement by the person competent to settle the first-time complaint.
7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or forced termination of the execution of the complained decision or complained act; compensation for damage and remedy of consequences caused by the unlawful decision or act.
Section 2
DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION AND SETTLEMENT THEREOF
Article 165. Persons with the right to lodge denunciations in criminal judgment execution
Sentenced persons and all citizens may lodge with competent agencies and persons denunciations about illegal acts of any competent persons in criminal judgment execution which cause or threaten to cause damage to the interests of the State and the lawful rights and interests of agencies, organizations or individuals.
Article 166. Rights and obligations of denouncers in criminal judgment execution
1. A denouncer has the following rights:
a) To lodge written denunciations with or make verbal denunciations to competent agencies or persons;
b) To request confidentiality of his/her full name, address and writings;
c) To request notification of denunciation settlement results;
d) To request protection by a competent agency against intimidation or revenge.
2. A denouncer has the following obligations:
a) To truthfully present denunciation details;
b) To clearly indicate his/her full name and address;
c) To take responsibility before law for untruthful denunciation.
Article 167. Rights and obligations of denounced persons in criminal judgment execution
1. A denounced person has the following rights:
a) To be notified of denunciation details;
b) To furnish proof of the untruthfulness of denunciation details:
c) To have his/her infringed lawful rights and interests and honor restored, to receive compensation for damage caused by an untruthful denunciation;
d) To request a competent agency, organization or person to handle the person making an untruthful denunciation.
2. A denounced person has the following obligations:
a) To explain his/her denounced act, and provide relevant information and documents at the request of competent agencies or persons;
b) To abide by denunciation settlement decisions of competent agencies or persons;
c) To pay compensation for damage and remedy consequences caused by his/her illegal act.
Article 168. Competence, time limit and procedures for denunciation settlement
1. The competence to settle denunciations is as follows:
a) Denunciations about illegal acts in criminal judgment execution shall be settled by heads of agencies or organizations which manage denounced persons;
b) Chairpersons of commune-level People's Committees shall settle denunciations about illegal acts of commune-level police chiefs;
c) District-level police chiefs shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of district-level police offices;
d) Chairpersons of district-level People's Committees shall settle denunciations about illegal acts of chairpersons of commune-level People's Committees;
e) Directors of provincial-level police departments shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of provincial-level police departments;
f) Military zone commanders and holders of equivalent ranks shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of military zones;
g) The Minister of Public Security and the Minister of National Defense shall settle denunciations about illegal acts of heads of criminal judgment execution management agencies:
h) Directors of competent procuracies shall settle denunciations about illegal acts of persons assigned to manage and educate inmates.
2. The time limit for settlement of a denunciation is 60 days after the date of its acceptance. This time limit may be prolonged for settlement of denunciations in complicated cases but must not exceed 90 days.
3. Denunciations about illegal acts showing signs of crime shall be settled under the Criminal Procedure Code.
Article 169. Responsibilities of persons competent to settle denunciations
1. Competent agencies and persons shall, within the ambit of their tasks and powers, receive and settle denunciations in a prompt and lawful manner; strictly handle violators; take necessary measures to prevent damage; and assure that their settlement decisions are strictly executed and take responsibility before law for their decisions.
2. Persons competent to settle denunciations who fail to settle denunciations or lack responsibility in settling denunciations or unlawfully settle denunciations shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations under law.
Chapter XIV
TASKS AND POWERS OF STATE AGENCTES IN THE MANAGEMENT OF CRIMINAL JUDGMENT EXECUTION
Article 170. Tasks and powers of the Government in the state management of criminal judgment execution
1. To perform unified state management of criminal judgment execution nationwide.
2. To direct its attached agencies and provincial-level People's Committees in executing criminal judgments.
3. To coordinate with the Supreme People's Court and the Supreme People's Procuracy in executing criminal judgments.
4. To annually report on criminal judgment execution to the National Assembly .
Article 171. Tasks and powers of the Ministry of Public Security in the management of criminal judgment execution
1. The Ministry of Public Security is answerable to the Government for performing the unified state management of criminal judgment execution and has the following tasks and powers:
a) To promulgate or submit to competent agencies for promulgation legal documents on execution of criminal judgments;
b) To formulate, and organize the implementation of. policies and plans on criminal judgment execution; to direct and organize the implementation of legal documents on execution of criminal judgments;
c) To suspend or annul according to its competence or propose competent authorities to annul regulations on execution of criminal judgments which are contract to this Law;
d) To promulgate forms, papers and books on criminal judgment execution;
e) To disseminate and educate about the law on execution of criminal judgments;
f) To manage the organizational system. payrolls and operation of criminal judgment execution agencies in the People's Public Security Force under this Law; to decide on the establishment of criminal judgment execution agencies in the People's Public Security Force under this Law; to train and retrain officers, noncommissioned officers, soldiers, workers and public employees of the People's Public Security Force in criminal judgment execution; to train, retrain, direct and professionally guide cadres, civil servants and staff members of agencies and organizations assigned to perform some tasks of criminal judgment execution;
g) To direct the Judicial Assistance Police in coordinated pursuit of run-away sentenced persons; to escort persons against whom decisions to execute criminal judgments have been issued for judgment execution: to dismiss or hold in custody persons who commit acts of obstructing or opposing judgment execution; to coordinate with other People's Armed Forces units and local administrations in proactively deploying forces to support the execution of criminal judgments when necessary; to perform other tasks and exercise other powers under this Law;
h) To examine, inspect, commend, reward, and handle violations in the criminal judgment execution; to settle complaints and denunciations about criminal judgment execution under this Law;
i) To decide on plans on allocation of funds and guarantee of conditions for operations of criminal judgment execution agencies;
j) To conduct international cooperation on criminal judgment execution;
k) To review the work of criminal judgment execution;
l) To promulgate and implement regulations on making of statistics on criminal judgment execution:
m) To report on criminal judgment execution to the Government.
2. The Minister of Public Security shall base him)herself on requirements of the management of persons held in detention or custody to decide to employ persons serving prison sentences of 5 years or less who are not minors, foreigners or drug addicts and suffer no dangerously infectious disease in detention or custody work. The number of persons serving prison sentences who are employed in detention or custody work shall be calculated at a certain percentage of the total number of persons held in detention or custody but must not exceed 15%.
Article 172. Tasks and powers of the Ministry of National Defense in the management of criminal judgment execution
1. The Ministry of National Defense is responsible for managing the criminal judgment execution in the People's Army and has the following tasks and powers:
a) To promulgate or submit to competent agencies for promulgation legal documents on execution of criminal judgments in the People's Army;
b) To manage the organizational system, payrolls and operation of criminal judgment execution agencies in the People's Army: to decide on the establishment of criminal judgment execution agencies in the People's Army under this Law;
c) To coordinate with the Ministry of Public Security, the Ministry of Education and Training and the Ministry of Justice in elaborating programs on law education and civil education: to coordinate with the Ministry of Public Security in reviewing, making statistics and reporting on criminal judgment execution to the Government;
d) To provide professional guidance and directions on execution of criminal judgments to military zone-level criminal judgment execution agencies; to disseminate and educate about the law on execution of criminal judgments in the People's Army;
e) To commend, reward or discipline army-men engaged in the execution of criminal judgments in the People's Army;
f) To direct the judicial guard force in coordinated pursuit of run-away sentenced persons; to escort persons against whom decisions to execute criminal judgments have been issued for judgment execution: to dismiss or hold in custody persons who commit acts of obstructing or opposing judgment execution; to coordinate with other people's armed forces units and local administrations in proactively deploying 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 about execution of criminal judgments in the People's Army under this Law;
h) To manage and workout plans on allocation of funds and guarantee of physical foundations and means for criminal judgment execution activities in the People's Army.
2. The Minister of National Defense shall base him)herself on requirements of the management of persons held in detention or custody to decide to employ persons serving prison sentences of 5 years or less who are not minors, foreigners or drug addicts and suffer no dangerously infectious diseases in detention or custody work. The number of persons serving prison sentences who are employed in detention or custody work shall be calculated at a certain percentage of the total number of persons held in detention or custody but must not exceed 15%.
Article 173. Tasks and powers of the Supreme People's Court in criminal judgment execution
1. To coordinate with (he Ministry of Public Security, the Supreme People's Procuracy and other concerned agencies in promulgating legal documents on execution of criminal judgments.
2. To guide courts at all levels in issuing criminal judgment execution decisions; to coordinate with agencies and organizations defined in Clauses 1, 2 and 3, Article 10 of this Law in the execution of criminal judgments.
3. To coordinate with the Ministry of Public Security and the Ministry of National Defense in reviewing the execution of criminal judgments.
4. To coordinate with the Ministry of Public Security in implementing regulations on statistics and reporting on criminal judgment execution.
Article 174. Tasks and powers of the Supreme People's Procuracy in criminal judgment execution
1. To coordinate with the Ministry of Public Security, the Supreme People's Court and other concerned agencies in promulgating legal documents on execution of criminal judgments.
2. To inspect and direct procuracies at all levels in inspecting the execution of criminal judgments under this Law and other relevant laws.
3. To coordinate with the Ministry of Public Security and the Ministry of National Defense in reviewing the execution of criminal judgments.
Article 175. Tasks and powers of the Ministry of Justice in criminal judgment execution
1. To coordinate with the Ministry of Education and Training, the Ministry of Public Security and the Ministry of National Defense in elaborating programs on law education and civic education and to disseminate and educate about the law on execution of criminal judgments.
2. To direct civil judgment execution agencies in coordinating with prisons, detention camps and criminal judgment execution agencies of provincial-level police departments, district-level police offices and military zones in providing information and handing over papers, money and assets related to inmates who are subject to the fine or asset confiscation penalty or other civil obligations or in favor of whom civil judgments arc enforced.
Article 176. Tasks and powers of the Ministry of Health in criminal judgment execution
The Ministry of Health shall coordinate with the Ministry of Public Security and the Ministry of National Defense in directing and guiding the disease and epidemic prevention and combat, providing medical examination and treatment for inmates and reformatory pupils: and organize specialized medical establishments to execute the judicial measure of compulsory medical treatment under this Law.
Article 177. Tasks and powers of the Ministry of Labor. War Invalids and Social Affairs in criminal judgment execution
The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the Ministry of Public Security in directing and guiding the organization of work, job training and implementation of regimes and policies for inmates and reformatory pupils.
It shall direct provincial-level Departments of Labor. War Invalids and Social Affairs and social relief centers in receiving, caring for and nurturing children of inmates who have no relatives wanting to care for and nurture them under this Law and other relevant laws.
Article 178. Tasks and powers of the Ministry of Education and Training in criminal judgment execution
The Ministry of Education and Training shall coordinate with the Ministry of Public Security in directing and guiding the elaboration of programs and materials, training teachers and participating in providing general education for inmates and reformatory pupils under this Law and other relevant laws.
Article 179. Tasks and powers of provincial-level People's Committees in criminal judgment execution
1. To direct coordination among concerned agencies and lower-level People's Committees in executing the non-custodial reform sentence, additional penalties and suspended sentences under this Law and other relevant laws.
2. To direct specialized agencies and lower-level People's Committees in adopting and adopt appropriate policies to mobilize contributions and supports of agencies, organizations and enterprises to create favorable conditions for persons who have completely served their prison sentences to find jobs, stabilize their life, learn jobs and integrate themselves into the community.
3. To request provincial-level police departments to report on the execution of criminal judgments in their localities.
Article 180. Tasks and powers of district-level People's Committees in criminal judgment execution
1. To direct coordination among concerned agencies and lower level People's Committees in executing the non-custodial reform sentence, additional penalties and suspended sentences under this Law and other relevant laws.
2. To direct specialized agencies and commune-level People's Committees in adopting and adopt appropriate policies to mobilize contributions and supports of agencies. organizations and enterprises in their localities to create favorable conditions for persons who have completely served their prison sentences to find jobs, stabilize their life, learn jobs and integrate themselves into the community.
3. To request district-level police offices to report on the execution of criminal judgments in their localities.
Chapter XV
IMPLEMENTATION PROVISIONS
Article 181. Effect
1. This Law takes 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 the Ordinance on Execution of Prison Sentences cease to be effective on the effective date of this Law.
3. As of the effective date of this Law, if the provisions of the Penal Code and the Criminal Procedure Code concerning execution of the death penalty, prison sentences, suspended sentences, caution penalty, non-custodial reform sentence, expulsion sentence, probation sentence, residence ban sentence and sentence of ban from holding certain positions, practicing certain professions or performing certain jobs are different from this Law, the provisions of this Law will prevail.
Article 182. Implementation detailing and guidance
The Government, the Supreme People's Court and the Supreme People's Procuracy shall, within the ambit of their tasks and powers, detail and guide the implementation of articles and clauses of this Law as assigned to them; and guide other necessary contents of this Law to meet state management requirements.
This Law was passed on June 17, 2010, by the 12th National Assembly of the Socialist Republic of Vietnam at its 7th session.
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Chủ tịch Quốc hội |
(Signed) |
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Nguyen Phu Trong |