Resolution 03/2024/NQ-HDTP guiding the Penal Code regarding the statute of limitations for judgment execution, exemption from serving penalty

RESOLUTION

Guiding the application of a number of provisions of the Penal Code regarding the statute of limitations for judgment execution, exemption from serving penalty, reduction of pronounced penalty, reduction of penalty-serving term in special cases, postponement from serving imprisonment penalty, temporary suspension of serving imprisonment sentence

^{_______________________}

THE JUDICIAL COUNCIL OF THE SUPREME PEOPLE’S COURT

Pursuant to the November 24, 2014 Law on Organization of People’s Courts;

In order to ensure proper and uniform application of a number of provisions of Penal Code No. 100/2015/QH13, which had a number of articles amended and supplemented under Law No. 12/2017/QH14 regarding the statute of limitations for judgment execution, exemption from serving penalty, reduction of pronounced penalty, reduction of penalty-serving term in special cases, postponement from serving imprisonment penalty, temporary suspension of serving imprisonment sentence;

After obtaining opinions of the Procurator General of the Supreme People’s Procuracy and the Minister of Justice,

RESOLVES:

Article 1. Scope of regulation

This Resolution guides the application of a number of provisions of Articles 60, 62, 63, 64, 67, 68 and 105 of Penal Code No. 100/2015/QH13, which had a number of articles amended and supplemented under Law No. 12/2017/QH14 (below referred to as the Penal Code) regarding the statute of limitations for judgment execution, exemption from serving penalty, reduction of pronounced penalty, reduction of penalty-serving term in special cases, the postponement from serving imprisonment penalty, temporary suspension of serving imprisonment sentence.

Article 2. Regarding a number of terms

1. “Intentional evasion” as prescribed in Clause 5, Article 60 of the Penal Code refers to intentionally hiding or providing incorrect information about the permanent residence, temporary residence, or current place of residence; altering personal information, identity, or gender to hinder the competent authorities in identifying or determining the current place of residence.

Personal information includes nationality; full name, date of birth; occupation; identity card or passport; and other information associated with identifying a specific person.

2. “Making meritorious contributions” as prescribed at Point a, Clause 2, Clause 4 of Article 62, Article 64, and Clause 2 of Article 105 of the Penal Code, refers to cases that the convicted person takes actions to assist competent state authorities in detecting, apprehending, or investigating crimes; rescues or helps others in dangerous situations or saving assets valued at 50,000,000 VND or more belonging to the State, organizations, or individuals during natural disasters, fires, epidemics, accidents, or other force majeure events; has initiatives, inventions, or outstanding achievements in work, study, combat, or duties that are recognized and commended by competent state authorities.

3. “Making exceptional meritorious contributions” as prescribed in Clauses 3, 5 of Article 62 and Clause 3 of Article 105 of the Penal Code refers to cases that the convicted individuals have assisted prosecuting authorities in detecting, apprehending, investigating, or handling crimes unrelated to the offense for which they were convicted; rescued others in dangerous situations or saving assets valued at 100,000,000 VND or more belonging to the State, collectives, or individuals during natural disasters, fires, epidemics, accidents, or other force majeure events; had initiatives, inventions, or outstanding achievements in work, study, combat, or duties that are recognized and commended by competent state authorities.

4. “Suffering from a fatal disease” as prescribed at Point b, Clause 2 of Article 62, Article 64, and Clause 2 of Article 105 of the Penal Code refers to cases that the convicted person has a life-threatening illness with limited treatment options (for example: late-stage cancer, HIV progressing to clinical stage IV, severe grade 4 drug-resistant tuberculosis, cirrhosis with ascites, heart failure of grade III or higher, kidney failure of grade IV or higher) or suffers from another illness that results in an inability to care for oneself, with a poor prognosis and a high risk of death.

5. “Suffering from a serious illness” as prescribed at Point a, Clause 1, Article 67 of the Penal Code refers to cases that individuals sentenced to imprisonment has a fatal disease as outlined in Clause 4 of this Article, or another illness severe enough to prevent them from serving the sentence, and their life would be at risk if they were required to do so.

6. “Complying well with the laws” as prescribed at Point c, Clause 2, Clause 4, Article 62 of the Penal Code refers to cases that the convicted individuals are confirmed to have fully and properly adhered to internal regulations, guidelines, Party policies, and state laws at their place of residence by the local commune-level People's Committee or the military unit assigned to supervise.

7. “No longer dangerous to society” as prescribed at Point c, Clause 2, Clause 3, and Clause 4 of Article 62 of the Penal Code is demonstrated by the individual's reformation, diligent engagement in lawful work, and participation in social activities or they are too elderly and frail or suffer from a fatal disease, making them incapable of posing a danger to society.

8. “Particularly difficult family circumstances” as prescribed at Point c, Clause 2, Clause 4 of Article 62, and “the family will face extreme difficulties” as prescribed at Point c, Clause 1 of Article 67 of the Penal Code refers to cases that the convicted individuals are the sole breadwinners of the family, verified by the local commune-level People's Committee of the place that the family resides, and falls under one of the following conditions:

a) The family of the convicted person has suffered an accident, illness, natural disaster, fire, or another force majeure event, resulting in the loss of significant assets, no income, or income below the poverty threshold;

b) The convicted person’s parents, spouse, or children suffer from prolonged illness without anyone to provide care.

9. “Too old and weak” as prescribed in Article 64 of the Penal Code refers to convicted individuals that fall under one of the following categories:

a) Aged 70 years or older;

b) Aged 60 years or older but frequently ill, requiring continuous hospitalization for 3 months or more, or non-continuous hospitalization of 3 or more times (each time lasting at least 1 month), unable to care for themselves, with a written assessment from the provincial or military region-level Medical Examination Council or a hospital.

10. “Due to official duty requirements” as prescribed at Point d, Clause 1 of Article 67 of the Penal Code refers to cases that the competent authority finds it necessary for the individuals sentenced to imprisonment to perform specific official duties, and there would be no replacement available for them if they were immediately required to serve their prison sentence.

Article 3. Regarding the statute of limitations for judgment execution as stipulated in Article 60 of the Penal Code

1. The statute of limitations for judgment execution as prescribed in Article 60 of the Penal Code refers to the statute of limitations for executing a judgment on penalty decision.

The statute of limitations for executing a judgement for decisions on compensation for damages, court fees, and other asset-related decisions in a criminal sentence shall be carried out in accordance with the laws on civil judgment enforcement.

2. The statute of limitations for executing a criminal judgement is calculated from the date the judgement takes legal effect. If, within the period specified in Clauses 2 and 3 of Article 60 of the Penal Code, the convicted individuals or commercial entity commit a new offense, the statute of limitations will restart from the date of the new offense.

For example, on February 1, 2024, Nguyen Van A was sentenced by the court to 2 years in prison for the offense of intentional injury, as stated in Criminal Judgment No. 01/2024/HS-ST (which has taken legal effect). Nguyen Van A has not yet served the prison sentence. On March 10, 2024, Nguyen Van A committed the offense of theft. Therefore, the statute of limitations for executing Criminal Judgment No. 01/2024/HS-ST dated February 1, 2024, is 5 years from March 10, 2024. The statute of limitations for executing the judgment for the offense of theft will be calculated from the date that the judgment for the offense of theft takes legal effect.

3. In case a criminal judgment combines sentences for multiple offenses, the statute of limitations for executing the judgment shall be calculated based on the combined sentence of the most severe primary penalty.

For example, in Appellate Penal Judgment No. 01/2024/HS-PT dated January 10, 2024, the High People’s Court decided to reject the appeal of the defendant Nguyen Van H and upheld the First Instance Penal Judgment No. 60/2023/HS-ST dated September 2, 2023, issued by the People’s Court of T province; declared the defendant Nguyen Van H guilty of murder, intentional injury, and providing high-interest loans in civil transactions; sentenced the defendant Nguyen Van H to 12 years in prison for murder, 2 years in prison for intentional injury, and a fine of 70,000,000 VND for providing high-interest loans in civil transactions; the combined sentence requires the defendant Nguyen Van H to serve a total of 14 years in prison and pay a fine of 70,000,000 VND. In this case, the statute of limitations for executing Appellate Criminal Judgment No. 01/2024/HS-PT is based on the combined sentence of the most severe primary penalty, which is 14 years in prison. Pursuant to Point b, Clause 2 of Article 60 of the Penal Code, the statute of limitations for executing this appellate judgment is 10 years.

4. In case a criminal judgment involves multiple convicted individuals, the statute of limitations for executing the criminal judgment shall be calculated based on the penalty imposed on each individual.

5. In case a criminal judgment combines sentences from multiple judgments, the statute of limitations for executing each criminal judgment shall be calculated based on the penalty in each individual judgment, rather than on the combined total penalty.

For example, Nguyen Van A was sentenced by the court to 1 year and 6 months in prison for the offense of theft, as stated in Criminal Judgment No. 01/2024/HS-ST (which has taken legal effect). In Criminal Judgment No. 15/2024/HS-ST, Nguyen Van A was sentenced to 7 years in prison for intentional injury, combined with the sentence from Criminal Judgment No. 01/2024/HS-ST, Nguyen Van A is required to serve a total sentence of 8 years and 6 months in prison (which has taken legal effect). Accordingly, the statute of limitations for executing Criminal Judgment No. 01/2024/HS-ST is 5 years, and for Criminal Judgment No. 15/2024/HS-ST is 10 years.

6. In case convicted individuals intentionally evade authorities, but the police either do not issue a warrant or issue a warrant that does not comply with the Penal Procedure Code, except in circumstances where compliance is impossible (e.g., requiring an accompanying photo but lacking one), the time spent evading will still be counted toward determining the statute of limitations for executing the criminal judgment.

7. In case individuals sentenced to imprisonment have their sentence execution postponed or temporarily suspended, the duration of the postponement or suspension is not deducted from the statute of limitations for executing the judgment, except when the postponement or suspension is granted to apply compulsory medical treatment measures.

The statute of limitations for executing a criminal judgment is calculated from the expiration date of the postponement or temporary suspension of the prison sentence and is based on the remaining prison term that the convicted individuals have yet to serve.

For example, Nguyen Van A began serving a 4-year prison sentence for the offense of intentional injury on January 1, 2023. On January 1, 2024, he was granted a temporary suspension of his prison sentence. The suspension period ended on May 1, 2024. In this case, the statute of limitations for executing the criminal judgment is 5 years, calculated from May 1, 2024, and based on the remaining prison term of 3 years that has yet to be served.

Article 4. Regarding the exemption from serving penalty as prescribed in Article 62 of the Penal Code

1. Individuals sentenced to non-custodial reform or a fixed-term prison sentence that have not yet served their penalty as prescribed in Clauses 2 and 3 of Article 62 of the Penal Code refers to cases that a judgment execution decision has been issued, but the sentence has not yet been carried out.

2. Individuals sentenced to a fine that have actively complied with part of the penalty, as prescribed in Clause 5 of Article 62 of the Penal Code, are considered to have complied if they have paid at least one-third of the fine amount.

3. Individuals sentenced to residence prohibition or probation that have shown good reform, as prescribed in Clause 6 of Article 62 of the Penal Code, are people that strictly comply with the laws, demonstrate remorse, actively engage in work and study, and have written confirmation from the commune-level People's Committee of the place where they reside.

Article 5. Regarding the reduction of pronounced penalty as prescribed in Article 63 of the Penal Code

1. Individuals sentenced to non-custodial reform, fixed-term imprisonment, or life imprisonment may be considered for a reduction in the execution period of their sentence for the first time if they meet all of the following conditions:

a) Having served one-third of the sentence period for non-custodial reform or fixed-term imprisonment; 12 years for life imprisonment; or 15 years for individuals convicted of multiple offenses, including an offense resulting in a life sentence;

b) For individuals sentenced to non-custodial reform, they must strictly comply with the law, demonstrate sincere remorse, and actively engage in work and study.

For individuals sentenced to fixed-term or life imprisonment, they must demonstrate significant progress, evidenced by good compliance with prison regulations, active engagement in study, work, and rehabilitation activities, and must consistently achieve a prison sentence compliance rating of "fair" or higher, specifically as follows:

Individuals sentenced to life imprisonment must have achieved a compliance rating of "fair" or higher for at least 16 consecutive quarters up to the time of consideration for sentence reduction. In the case of a death sentence commuted to life imprisonment by the President, the individual must have a "fair" or higher rating for at least 20 consecutive quarters up to the time of consideration for sentence reduction.

Individuals sentenced to imprisonment from over 20 to 30 years must have a compliance rating of "fair" or higher for at least 14 consecutive quarters up to the time of consideration for reduction.

Individuals sentenced to imprisonment from over 15 to 20 years must have a compliance rating of "fair" or higher for at least 12 consecutive quarters up to the time of consideration for reduction.

Individuals sentenced to imprisonment from over 10 to 15 years must have a compliance rating of "fair" or higher for at least 8 consecutive quarters up to the time of consideration for reduction.

Individuals sentenced to imprisonment from over 5 to 10 years must have a compliance rating of "fair" or higher for at least 4 consecutive quarters up to the time of consideration for reduction.

Individuals sentenced to imprisonment from over 3 to 5 years must have a compliance rating of "fair" or higher for at least 2 consecutive quarters up to the time of consideration for reduction.

Individuals sentenced to imprisonment of 3 years or less must have a compliance rating of "fair" or higher for at least 1 consecutive quarter up to the time of consideration for reduction. If the quarterly compliance rating is not yet available because the rating period has not arrived, but individuals have a compliance rating of "fair" or higher for the 3 consecutive months up to the time of consideration, they may still be eligible for a reduction.

c) Having compensated at least half of the civil obligations as specified in the court's judgment or decision.

Convicted individuals having compensated less than half of the civil obligation specified in the court's judgment or decision but has a written agreement for partial reduction of the civil obligation or another arrangement with the judgment creditor or their legal representative (with confirmation from competent authorities) indicating that the convicted individuals have compensated half of the civil obligation, shall also be considered to have fulfilled part of the civil obligation.

Convicted individuals with particularly difficult family circumstances, as outlined in Clause 8, Article 2 of this Resolution, and confirmed by the commune-level People's Committee where they reside or by the competent civil enforcement authority, may be allowed to compensate less than half of the civil obligation specified in the court's judgment or decision, but the court must clearly state this in its decision.

Individuals convicted of corruption or position-related offenses must compensate at least half of the civil obligation.

d) A written request for a reduction in the sentence execution period must be submitted by the competent penal enforcement authority.

2. The reduction in the sentence execution period is implemented as follows, while ensuring the actual time served as prescribed in Clauses 2, 3, 4, 5, and 6 of Article 63 of the Penal Code:

a) For individuals sentenced to non-custodial reform, each reduction may range from 3 months to 9 months.

b) For individuals sentenced to imprisonment of up to 30 years, or individuals sentenced to life imprisonment whose sentence has been reduced to 30 years, each reduction may range from 1 month to 3 years. A reduction of up to 3 years is reserved for individuals with exceptionally outstanding achievements.

3. Individuals sentenced to life imprisonment, or individuals convicted of multiple offenses including one resulting in a life sentence, may be considered by the court for a reduction of the life sentence to a fixed-term imprisonment. Individuals sentenced to life imprisonment may initially have their sentence reduced to 30 years. This 30-year prison term is calculated from the date of execution of the life sentence, and regardless of multiple reductions, the actual time served must be at least 20 years for individuals sentenced to life imprisonment; 25 years of actual time served is required for individuals convicted of multiple offenses, including one resulting in a life sentence.

4. Individuals serving a prison sentence may be considered for a reduction in the period of sentence execution in special cases, or if individuals committed the offense while under 18 years of age and have not yet completed the required time in the detention facility but fall under one of the following cases, they will still be considered to have met the required classification periods as outlined in Point b, Clause 1 of this Article:

a) For individuals sentenced to imprisonment of over 15 years, up to 4 initial quarters with a "fair" or higher rating can be missing in the period leading up to the consideration for reduction.

b) For individuals sentenced to imprisonment of over 5 to 15 years, up to 2 initial quarters with a "fair" or higher rating can be missing.

c) For individuals sentenced to imprisonment of over 3 to 5 years, up to 1 initial quarter with a "fair" or higher rating can be missing.

d) For individuals sentenced to imprisonment of 3 years or less, they may not have been rated for sentence compliance.

For the above cases, the time spent in detention or remand or at the detention facility must show a record of strict compliance with the detention facility’s regulations.

5. Individuals sentenced to imprisonment of more than 5 years that have not consistently received a "fair" or higher rating may still be considered for a reduction if they meet all other conditions outlined in this Resolution and fall under one of the following cases:

a) Having a total number of quarters with a "fair" or higher rating exceeding the requirement for those sentenced to imprisonment of over 10 years by at least 2 quarters, as specified at Point b, Clause 1 of this Article, and at least 4 consecutive quarters with a "fair" or higher rating leading up to the time of consideration for reduction;

b) Having a total number of quarters rated "fair" or higher that exceeds the required number by at least 1 quarter, as specified for those sentenced to imprisonment of more than 5 to 10 years in Point b, Clause 1 of this Article, and at least 2 consecutive quarters rated "fair" or higher leading up to the time of consideration for reduction.

6. Convicted individuals with a prior criminal record must have a greater number of "fair" or higher-rated quarters compared to those without a prior record, with an additional 2 "fair" or higher-rated quarters required for each prior conviction. In case the convicted individuals are sentenced to imprisonment of 3 years or less, each prior conviction requires an additional 1 quarter rated "fair" or higher.

7. Convicted individuals having received a reduction in their prison sentence must consistently receive a "fair" or higher compliance rating in order to be eligible for further reductions in subsequent review periods. If convicted individuals do not meet the conditions for a reduction in the regular review period, they may still be considered for a sentence reduction if they achieve a "fair" or higher compliance rating for 4 quarters (including at least 2 consecutive quarters leading up to the time of consideration).

8. Convicted individuals having received a reduction in their prison sentence and subsequently violates the detention facility’s regulations, resulting in disciplinary action after being recognized by the Warden of the prison, detention center, or the Head of the district-level criminal enforcement agency as having made progress in reform and maintaining a "fair" or higher compliance rating for 4 consecutive quarters (for individuals disciplined with 2 reprimands or a warning) or 5 consecutive quarters (for individuals placed in disciplinary confinement) must maintain a "fair" or higher compliance rating in prison sentence execution to be eligible for further consideration and recommendation for a reduction in sentence duration.

9. Convicted individuals having received a reduction in their prison sentence but then intentionally commits a new, less serious offense must serve at least half of the combined sentence and meet the conditions outlined in Points b, c, and d of Clause 1, as well as Clause 6 of this Article, to be considered for a reduction in the prison sentence duration.

10. Convicted individuals having received a reduction in their prison sentence but then commits a new serious, very serious, or especially serious offense must serve at least two-thirds of the combined sentence, or 25 years if sentenced to life imprisonment, and must meet the conditions outlined in Points b, c, and d of Clause 1 and Clause 6 of this Article to be considered for a reduction in prison sentence duration.

11. Individuals that are temporarily suspended from serving a prison sentence or undergoing compulsory medical treatment will have the sentence compliance record preserved, and it will be counted continuously from the time they return to the prison, detention center, or district-level criminal enforcement agency to resume serving their sentence. The district-level police will continue enforcing the sentence. If the individual meets the conditions specified in the clauses of this Article, adheres to the law during the period of temporary suspension or compulsory medical treatment, and receives confirmation from the local government where they reside (if temporarily suspended) or from the medical facility (if under compulsory treatment), they may be considered for a reduction in prison sentence duration.

Article 6. Regarding the reduction of penalty-serving term in special cases as stipulated in Article 64 of the Penal Code.

1. Convicted individuals having served at least one-quarter of the sentence period for non-custodial reform or a prison sentence of up to 30 years; 10 years for life imprisonment; 12 years for individuals convicted of multiple offenses, including one resulting in a life sentence and meets the conditions outlined in Points b, c, and d of Clause 1, Clause 4, and Clause 6 of Article 5 of this Resolution may be considered for a reduction in the prison sentence execution period if the convicted individuals fall under one of the following cases:

a) Having made meritorious contributions; in which each instance of meritorious service allows the convicted individuals to be considered for a reduction only once;

b) Too old and weak;

c) Suffering from a fatal disease.

2. The maximum reduction per instance for the cases outlined in Clause 1 of this Article may be up to 1 year for non-custodial reform sentences and 4 years for fixed-term imprisonment or life imprisonment, but the actual time served must be at least two-fifths of the declared sentence or 15 years for life imprisonment; in cases the convicted individuals are sentenced for multiple offenses, including one resulting in a life sentence, the actual time served must be at least 20 years.

3. In special cases, upon the recommendation of the Minister of Public Security or the Minister of National Defence, and with the opinion of the Chief Procurator of the Supreme People's Procuracy and the approval of the Chief Justice of the Supreme People's Court, the convicted individuals may be considered for a reduction at an earlier time or for a greater amount than specified in Clauses 1 and 2 of this Article.

Article 7. Regarding the postponement from serving imprisonment penalty as prescribed in Article 67 of the Penal Code

1. Individuals sentenced to imprisonment may have their sentence execution postponed if the following conditions are met:

a) Under one of the cases prescribed in Clause 1, Article 67 of the Penal Code.

If individuals sentenced to imprisonment is pregnant women, regardless of whether they intentionally became pregnant and gave birth consecutively to evade their obligation to serve the prison sentence or women currently raising a child under 36 months of age, regardless of whether the child is biological or adopted, they may be granted a postponement of the prison sentence until the child reaches 36 months of age.

b) Having a clear place of residence.

A clear place of residence refers to a temporary or permanent residence with a specifically identified address, in accordance with the Law on Residence, where individuals sentenced to imprisonment regularly reside and live.

c) After being sentenced to imprisonment, they have not engaged in any serious legal violations, and there is no indication that they may attempt to flee.

2. The court may also allow individuals sentenced to imprisonment who fall under one of the cases specified in Clause 1, Article 67 of the Penal Code but do not meet one of the conditions outlined in Points b and c of Clause 1 of this Article to have their prison sentence postponed, provided it is linked to special circumstances and carefully and strictly considered.

For example, Nguyen Thi B was sentenced to 4 years in prison for the offense of intentional injury. She has no clear place of residence and is raising a 12-month-old child that suffers from a fatal disease requiring hospital treatment without anyone to provide care. In this case, the court may consider granting Nguyen Thi B a postponement of her prison sentence.

3. The duration of the postponement of prison sentence is determined as follows:

a) The postponement period for cases prescribed at Point a, Clause 1, Article 67 of the Penal Code is calculated from the date the court issues the decision until the health recovery of sentenced individuals;

b) The postponement period for cases specified at Points b, c, and d of Clause 1, Article 67 of the Penal Code is calculated from the date the court issues the decision until the end of the postponement period as determined by the court.

4. Resolving a number of cases after the postponement of the prison sentence execution:

a) During the period of postponed execution of the prison sentence, if individuals whose prison sentence are postponed become pregnant or must continue to raise a child under 36 months old, the Court may decide to grant them a postponement until the last child is 36 months old;

b) Individuals whose prison sentence are postponed as prescribed at Point c or Point d, Clause 1, Article 67 of the Penal Code may be postponed one or more times, but the total time of postponement cannot exceed 01 year.

Article 8. Regarding the temporary suspension of serving imprisonment sentence as prescribed in Article 68 of the Penal Code

1. Individuals serving a prison sentence that fall into one of the cases specified in Clause 1, Article 67 of the Penal Code and has a clear place of residence may have the imprisonment sentence temporarily suspended.

2. The period of the temporary suspension of serving imprisonment sentence is determined in accordance with Clause 1, Article 67 of the Penal Code.

For individuals serving the prison sentence that are seriously ill, the prison sentence may be temporarily suspended once or several times until their health recovery.

For individuals serving a prison sentence that are the sole breadwinners in their family or due to official duties, the prison sentence may be temporarily suspended once or multiple times, but the total period of suspension is a maximum of 01 year.

Article 9. Effect

This Resolution was adopted on April 24, 2024, by the Judicial Council of the Supreme People’s Court, and takes effect on July 15, 2024./.