Decree No. 43/2020/ND-CP the execution of death sentences by lethal injection

DECREE

Prescribing the execution of death sentences by lethal injection^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to the June 14, 2019 Law on Execution of Criminal Judgments;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree prescribing the execution of death sentences by lethal injection.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes lethal injection drugs and physical foundations, equipment and facilities used for the execution of death sentences, and procedures for administering injections; responsibilities of agencies, organizations and individuals in the execution of death sentences; conditions to ensure the execution of death sentences and regimes and policies for participants in the execution of death sentences.

Article 2.Subjects of application

This Decree applies to agencies, organizations and individuals involved in the execution of death sentences and persons sentenced to death.

Article 3.Regimes and policies toward participants in the execution of death sentences

1. Participants in a death sentence execution team are entitled to an allowance equal to three times the basic salary when executing the death sentence against 1 person and a 10-day leave according to the general regulations on leave for People’s Public Security Force and the People’s Army officers and soldiers.

2. Participants in a death sentence execution council, prison wards, persons carrying out audio recording or video recording, photographers, interpreters, persons taking fingerprints of persons sentenced to death, and persons shrouding and burying corpses are entitled to an allowance equal to the basic salary when executing the death sentence against 1 person.

3. Participants in maintaining security and order; representatives of commune-level People’s Committees; and investigators are entitled to an allowance equal to half of the basic salary when executing the death sentence against 1 person.

Chapter II

LETHAL INJECTION DRUGS, PHYSICAL FOUNDATIONS, EQUIPMENT AND FACILITIES USED FOR THE EXECUTION OF DEATH SENTENCES AND THE PROCESS OF DRUG INJECTION

Article 4.Lethal injection drugs

1. Lethal injection drugs include:

a/ Drugs that cause unconsciousness;

b/ Drugs that paralyze the movement system;

c/ Drugs that cause cardiac arrest.

2. A dose consists of 3 types of drug specified in Clause 1 of this Article and is used for 1 person.

3. Lethal injection drugs shall be provided by the Ministry of Health at the request of the Ministry of Public Security or Ministry of National Defense.

4. Lethal injection drugs shall be preserved under conditions indicated on dose labels and instructions of providers. The delivery of drugs shall be recorded in a minutes of delivery and receipt; and drugs shall be sealed up and strictly managed in accordance with law.

Article 5.Physical foundations, equipment and facilities used for the execution of death sentences

1. Physical foundations to secure the execution of death sentences:

The Ministry of Public Security and Ministry of National Defense shall base themselves on practical conditions to build death sentence execution houses and working rooms for death sentence execution councils at provincial-level Departments of Public Security and military zone-level army units to secure the execution of death sentences by lethal injection.

2. Equipment and facilities serving the execution of death sentences include:

a/ Beds with straps used to fix persons to be executed;

b/ Automated injection machines with control buttons;

c/ Heart rate monitor machines;

d/ Monitors and devices for monitoring and checking the process of execution;

dd/ Other tools and equipment serving the execution.

Article 6.Procedures for administering drug injections

1. Procedures for death sentence execution must comply with Clauses 2, 3 and 4, Article 82 of the 2019 Law on Execution of Criminal Judgments and this Decree.

2. Drugs used for death sentence execution shall be examined, unsealed and recorded in minutes by death sentence execution councils under regulations.

3. A person to be executed shall be firmly strapped onto the bed, lying on his/her back, with his/her blood circulation unblocked.

4. Officers directly executing the death sentence shall perform the following steps:

a/ Preparing 3 doses of drug (including 2 standby doses);

b/ Identifying a vein to administer the injection; in case it is impossible to identify a vein, reporting it to the chairperson of the death sentence execution council to request a doctor to assist in identifying a vein;

c/ Inserting a needle that has been connected to a drug injection vial into the vein already identified according to the following procedures:

Step 1: Inject the drug to cause unconsciousness.

After completing the injection, the officer who performs the execution shall examine the executed person. If the executed person has not yet become unconscious, the officer shall continue to inject the drug until such person becomes unconscious.

Step 2: Inject the drug to paralyze the movement system.

Step 3: Inject the drug to cause cardiac arrest.

d/ Checking the cardiac activity of the executed person via an electrocardiograph. If after ten minutes, the executed person is not dead, the examining officer shall report such to the chairperson of the death sentence execution council for ordering the use of the standby dose;

If the executed person is not dead ten minutes after each time of drug injection, the examining officer shall report such to the chairperson of the death sentence execution council for ordering continued use of the standby dose for the second time or third time;

In case the third dose is completely injected and the executed person remains alive after ten minutes, the head of the execution team shall report such to the chairperson of the death sentence execution council for issuing a decision on suspension of the execution.

5. The steps specified at Points b, c and d, Clause 4 of this Article may be carried out automatically or personally.

6. By order of the chairperson of the death sentence execution council, the forensic medicine doctor shall carry out an examination to determine the state of the executed person and report the result to the council.

7. After the forensic medicine doctor concludes that the executed person is dead, by order of the chairperson of the death sentence execution council, the death sentence-executing officer shall stop transmitting the drug and draw the needle and tube out of the executed person.

8. The death sentence execution council shall make a minutes under regulations of the fact that executed person is dead.

9. The completion of procedures after the executed person is dead must comply with Points e, g and h, Clause 4, Article 82, and Article 83, of the 2019 Law on Execution of Criminal Judgments.

Article 7.Burial expenses

Burial expenses for a dead executed person include those for 1 wooden coffin, 1 set of clothes, 4 meters of shroud, incenses, candles, wine and alcohol for cleaning during the shrouding of the corpse, and other burial expenses.

In case relatives or lawful representatives of the executed person are permitted to receive his/her corpse or remains for burial, they shall bear all expenses and make a commitment to strictly complying with regulations on assurance of security, order and environmental sanitation.

Chapter III

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND PEOPLE’S COMMITTEES AT ALL LEVELS IN THE EXECUTION OF DEATH SENTENCES

Section 1

RESPONSIBILITIES OF COMPETENT AGENCIES IN THE PEOPLE’S PUBLIC SECURITY FORCES IN THE EXECUTION OF DEATH SENTENCES

Article 8.Responsibilities of the Ministry of Public Security’s Custody and Detention Management Agency

1. To organize the implementation of the law on execution of death sentences.

2. To provide professional directions, guide the uniform application of the law on execution of death sentences to the criminal judgment execution agencies of Public Security agencies at all levels.

3. To coordinate with health agencies in organizing professional training in execution of death sentences by lethal injection for officers and soldiers who directly execute death sentences in the People’s Public Security Forces.

4. To implement the regime of statistics and reporting on the execution of death sentences under regulations.

5. To review the execution of death sentences by the People’s Public Security Forces.

Article 9.Responsibilities of criminal judgment execution agencies of provincial-level Departments of Public Security

1. To join death sentence execution councils.

2. To assist directors of provincial-level Departments of Public Security in formulating plans, options and cost estimates, assigning tasks, organizing, mobilizing and arranging forces, facilities and other physical foundations to ensure absolute safety for the execution of death sentences.

3. To form death sentence execution teams to directly execute death sentences, each composed of the head, a forensic medicine doctor and groups of escorting, identifying veins, preparing drugs, pressing buttons and controlling injecting machines.

4. To receive persons sentenced to death who are handed over by temporary detention camps for escort to the execution sites.

5. To carry out procedures for permitting relatives and lawful representatives of executed persons to receive their corpses, ashes or remains for burial in localities (or overseas, for executed persons being foreigners).

6. To carry out procedures for bringing corpses to a hospital or a funeral service company for preservation in case the criminal judgment execution agency has no such preservation place.

7. To coordinate with district- and commune-level People’s Committees in carrying out death registration procedures; organizing burials, drawing diagrams of graves and placing steles on graves of executed persons; notifying relatives or lawful representatives of executed persons.

8. To coordinate with diplomatic missions, border guards and health authorities in carrying out procedures for bringing corpses, ashes or remains out of Vietnam’s territory.

9. To report results of execution of death sentences to the Ministry of Public Security’s Custody and Detention Management Agency.

10. To manage, store and preserve dossiers on execution of death sentences under regulations.

11. To comply with other regulations on execution of death sentences.

Article 10.Responsibilities of district-level Public Security agencies of localities where death sentences are executed

1. To make plans to ensure security and order in places where death sentences are executed.

2. To detect, stop and handle violations in areas where death sentences are executed.

3. To perform other tasks as directed by directors of provincial-level Departments of Public Security.

Article 11.Responsibilities of temporary detention camps where persons sentenced to death are held

1. To prepare working conditions and places at the request of death sentence execution councils.

2. To hand over persons to be executed to death sentence execution teams at the request of death sentence execution councils.

3. To provide persons to be executed with a meal and drink (5 times the standard meal and drink for detainees on public and New Year holidays), and permit them to write letters and say the last words for recording.

4. To hand over all papers, objects, assets and money amounts (if any) received from persons sentenced to death during the detention period to their relatives or lawful representatives.

5. To hand over personal records of executed persons under regulations.

Section 2

RESPONSIBILITIES OF COMPETENT AUTHORITIES IN THE PEOPLE’S ARMY IN THE EXECUTION OF DEATH SENTENCES

Article 12.Responsibilities of the Ministry of National Defense’s Criminal Judgment Execution Management Agency

1. To organize the implementation of the law on execution of death sentences in the People’s Army.

2. To provide professional directions and guidance on the uniform application of the law on execution of death sentences to the criminal judgment execution agencies in the People’s Army.

3. To organize training in execution of death sentences by lethal injection for the People’s Army’s officers and soldiers directly executing death sentences.

Article 13.Responsibilities of military zone-level criminal judgment execution agencies

1. To join death sentence execution councils.

2. To assist military zone commanders in formulating plans, options and cost estimates, assigning tasks, organizing, mobilizing and arranging forces, facilities and other physical foundations to ensure absolute safety for the execution of death sentences.

3. To form death sentence execution teams to directly execute death sentences, each composed of the head, a forensic medicine doctor and groups of escorting, identifying veins, preparing drugs, pressing buttons and controlling injecting machines.

4. To receive persons sentenced to death who are handed over by temporary detention camps for escort to execution sites.

5. To carry out procedures for permitting relatives or lawful representatives of executed persons to receive their corpses, ashes or remains for burial in localities (or overseas, for executed persons being foreigners).

6. To carry out procedures for bringing corpses to a hospital or a funeral service company for preservation in case the criminal judgment execution agency has no such preservation place.

7. To coordinate with district- and commune-level People’s Committees in carrying out death registration procedures; organizing burials, drawing diagrams of graves and placing steles on graves of executed persons; notifying relatives or lawful representatives of executed persons.

8. To coordinate with diplomatic missions, border guards and health authorities in carrying out procedures for bringing corpses, ashes or remains of executed persons out of Vietnam’s territory.

9. To report results of execution of death sentences to the Ministry of Public Security’s Criminal Judgment Execution Management Agency.

10. To manage, store and preserve dossiers on execution of death sentences under regulations.

11. To comply with other regulations on execution of death sentences.

Article 14.Responsibilities of temporary detention camps where persons sentenced to death are held

1. To prepare working conditions and places for death sentence execution councils.

2. To hand over persons to be executed to death sentence execution teams at the request of death sentence execution councils.

3. To provide persons to be executed with a meal and drink (5 times the standard meal and drink for detainees on public and New Year holidays), and permit them to write letters and say the last words for recording.

4. To hand over all papers, objects, assets and money amounts (if any) received from persons sentenced to death during the detention period to their relatives or lawful representatives.

5. To hand over personal records of executed persons under regulations.

Section 3

RESPONSIBILITIES OF MINISTRIES AND PEOPLE’S COMMITTEES AT ALL LEVELS IN THE EXECUTION OF DEATH SENTENCES

Article 15.Responsibilities of the Ministry of Public Security

1. To be responsible to the Government for performing the uniform state management of the execution of death sentences.

2. To promulgate or submit to competent agencies for promulgation legal documents detailing the execution of death sentences by lethal injection.

3. To coordinate with the Ministry of National Defense in ensuring the execution of death sentences by lethal injection against persons sentenced to death under the management by the Ministry of National Defense.

4. To direct Public Security units and local Public Security agencies to strictly comply with the law on execution of death sentences.

5. To promulgate legal documents guiding the implementation of regimes and policies for People’s Public Security officers and soldiers performing the task of executing death sentences.

6. To formulate plans and training programs for the People’s Public Security officers and soldiers on the task of executing death sentences.

7. To make funding estimates to ensure the execution of death sentences in the People’s Public Security Forces.

8. To direct Public Security Forces agencies at all levels to implement the regime of reporting, making statistics on and reviewing the execution of death sentences.

9. To review, report and make state statistics on the execution of death sentences nationwide.

Article 16.Responsibilities of the Ministry of National Defense

1. To direct and organize the execution of death sentences by lethal injection in the People’s Army.

2. To promulgate or submit to competent agencies for promulgation legal documents on execution of death sentences in the People’s Army.

3. To coordinate with the Ministry of Public Security in ensuring the execution of death sentences by lethal injection for persons sentenced to death under the management by the Ministry of National Defense.

4. To direct military zones and the Border Guard Command to strictly comply with the law on execution of death sentences.

5. To promulgate legal documents guiding the implementation of regimes and policies toward People’s Army officers and soldiers performing the task of executing death sentences.

6. To make funding estimates to ensure the execution of death sentences in the People’s Army.

7. To coordinate with the Ministry of Public Security in reporting, making statistics on and reviewing the execution of death sentences.

Article 17.Responsibilities of the Ministry of Health

1. To ensure the supply of drugs for use in the execution of death sentences under annual drug reserve plans of the Ministry of Public Security and Ministry of National Defense; to guide the preservation and use of these drugs; to assume the prime responsibility for, and coordinate with the Ministry of Public Security and Ministry of National Defense in, promulgating a list of drugs and their dosage and procedures for using drugs in the execution of death sentences.

2. To direct professional agencies, hospitals and medical training institutions to coordinate with the Ministry of Public Security’s Custody and Detention Management Agency and the Ministry of National Defense’s Criminal Judgment Execution Management Agency in providing professional medical training on the execution of death sentences for officers and soldiers performing the task of executing death sentences.

3. To direct provincial-level Departments of Health to grant medical quarantine certificates for corpses, ashes and remains of executed persons (if necessary).

4. To direct hospitals in the health sector:

a/ To send doctors to assist sentence-executing officers in identifying veins in necessary cases at the request of chairpersons of death sentence execution councils;

b/ To receive and preserve corpses of executed persons transferred from criminal judgment execution agencies.

Article 18.Responsibilities of the Ministry of Foreign Affairs

To receive and forward information to foreign representative missions in Vietnam for completing relevant procedures for foreigners sentenced to death under Clauses 1 and 7, Article 83 of the 2019 Law on Execution of Criminal Judgments.

Article 19.Responsibilities of the Ministry of Finance

To carry out customs clearance procedures for corpses, ashes and remains of executed foreigners.

Article 20.Responsibilities of provincial-level People’s Committees

To allocate land areas for building death sentence execution sites, designate burial places for executed persons, and direct district-level People’s Committees and local related agencies to coordinate with one another in ensuring security, order and safety for the execution of death sentences.

Article 21.Responsibilities of district-level People’s Committees

To direct district-level Divisions of Public Security, district-level Military Commands and commune-level People’s Committees in executing and coordinating with related agencies in executing death sentences and carrying out death registration procedures for executed foreigners.

Article 22.Responsibilities of commune-level People’s Committees

1. Commune-level People’s Committees of localities where death sentences are executed shall participate in ensuring security and order at execution sites; appoint their representatives to witness the execution of death sentences; carry out death registration procedures for executed persons; coordinate with provincial-level Departments of Public Security’s criminal judgment execution agencies or military zone-level criminal judgment execution agencies in burying executed persons and managing their graves.

2. Commune-level People’s Committees of localities where relatives or lawful representatives of executed persons are permitted to receive their corpses, ashes or remains for burial shall ensure compliance with security, order, safety and environmental sanitation requirements.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 23.Effect

1. This Decree takes effect on April 15, 2020.

2. This Decree replaces Decree No. 82/2011/ND-CP of September 16, 2011, prescribing the execution of death sentences by lethal injection, and Decree No. 47/2013/ND-CP of May 13, 2013, amending and supplementing a number of articles of Decree No. 82/2011/ND-CP.

Article 24.Implementation responsibility

1. The Minister of Public Security and Minister of National Defense shall, within the ambit of their respective functions, tasks and powers, organize, guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC