Joint Circular No. 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC dated May 15, 2013 of the Ministry of Public Security, the Ministry of National Defense, the Supreme People ‘s Court and the Supreme People s Procuracy guiding the implementation of provisions on reduction of the duration of serving imprisonment penalty for inmates

THE MINISTRY OF PUBLIC SECURITY - THE MINISTRY OF NATIONAL DEFENSE - THE SUPREME PEOPLE’S COURT AND THE SUPREME PEOPLE’S PROCURACY

Joint Circular No. 02/2013/TTLT-BCA- BQP-TANDTC-VKSNDTC of May 15, 2013, guiding the implementation of provisions on reduction of the duration of serving imprisonment penalty for inmates

For the proper and consistent implementation of legal provisions on reduction of imprisonment terms for inmates, the Minister of Public Security, the Minister of National Defense, the President of the Supreme People’s Court and the Chairperson of the Supreme People’s Procuracy promulgate the Joint Circular guiding the implementation of provisions on reduction of the duration of serving imprisonment penalty for inmates, as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular guides in detail the subjects, principles, time-, conditions and levels of reduction, dossiers, order and procedures for consideration, proposal, decision and execution of decisions on reduction of the duration of serving imprisonment penalty for inmates.

Article 2. Subjects of application

is Joint Circular applies to inmates who are serving their imprisonment penalties at prisons, temporary detention camps or criminal judgment execution agencies of district-level police offices, and agencies, organizations and individuals involved in the reduction of the duration of serving imprisonment penalty for inmates.

Article 3. Principles of reduction of the duration of serving imprisonment penalty

1. Compliance with law; assurance of socialist humanity, objectivity, fairness and the effect of encouraging inmates to emulate for progress m reform.

2. Being based on results of imprisonment penalty-serving evaluation, nature and severity of crimes, ages and other personal characters of inmates. Those who commit crimes for the first time, make progress in reform and atone for their offenses with merits, will be considered  and proposed for decision on reduction levels higher than other inmates. Those who are sentenced to death then commuted to life imprisonment, who have many previous criminal records and bad  personal records, or are ruffians or gangsters or dangerous recidivists, must have a longer probation time and be carefully considered with reduction levels lower than other inmates.

3. The criminal judgment execution agencies of provincial-level police departments and military zones, ^superintendents of prisons and temporary detention camps of the Ministry of Public Security or the Ministry of National Defense may only propose the reduction of the duration of serving imprisonment penalty strictly according to the lists of inmates and reduction levels already approved by the appraisal councils of the criminal judgment execution agencies of provincial-level police departments or military zones or by the head of the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense.\

Article 4. Interpretation of terms

In this Joint Circular, the terms below are construed as follows:

1. Special case means a case in which an inmate has recorded a merit, is too old and weak or suffers a dangerous disease.

2. Recording a feat means an act of assisting a prison, temporary detention camp, criminal judgment execution agency of a district-level police office or a competent state agency in detecting, pursuing, arresting, investigating and handling a criminal; saving the life of another person in dangerous circumstances or rescuing a property valued at VND 30,000,000 (thirty million dong) or more of the State, a collective or a citizen in a natural disaster or fire; having an invention or initiative of great value, or having another exceptionally outstanding achievement certified by a prison, temporary detention camp, criminal judgment execution agency of a district-level police office or a competent state agency.

3. Too old and weak person means a person who is aged 70 or over or aged 60 or over but regularly suffers an illness and has to be medically treated at a health station or hospital many times for a long duration (three months or longer), and is unable to help himself/herself.

4. Person suffering a dangerous disease means a person who currently suffers one of such diseases as end-stage cancer, paralysis, serious drug-resistant tuberculosis, hepatic cirrhosis, class-III or more serious heart failure, kidney failure at stage IV or higher, AIDS- related opportunistic infections, and is unable to help himself/herself and has a bad prognosis and high risk of death, or another disease which is concluded in writing to be dangerous and fatal by a provincial- or military zone-level medical assessment council or hospital.

Article 5. Time for consideration of reduction of the duration of serving imprisonment penalty

1. The consideration of reduction of the duration of serving imprisonment penalty is conducted thrice annually on these occasions: The Day of Liberation of South Vietnam and national reunification (April 30), the National Day (September 2) and the Lunar New Year. For prisons and temporary detention camps of the Ministry of National Defense, the consideration of reduction of the duration of serving imprisonment penalty is conducted on the Founding Anniversary of the Vietnam People’s Army and the All-People Defense Festival Day (December 22) in replacement of the Lunar New Year occasion.

2. For inmates who have enjoyed a reduction of the duration of serving imprisonment penalty and made a merit or contracted a dangerous disease in the same year, the proposal for and consideration of the duration of serving imprisonment penalty will not depend on the time specified in Clause 1 of this Article.

Chapter II

REDUCTION CONDITION LEVELS

Article 6. Conditions for being considered for reduction of the duration of serving imprisonment penalty

1. An inmate who fully meets the following conditions will be proposed for reduction of the duration of serving imprisonment penalty:

a/ Having served at least one-third of his/her imprisonment term which is thirty years or less, or at least twelve years, for life imprisonment;

b/ Making many progressed^ good observance of the internal regulations of the prison, temporary detention camp or custody house; active study and labor, and having a sufficient period of imprisonment penalty- serving evaluation as good or better, specifically as follows:

- An inmate sentenced to life imprisonment must be evaluated as good or better for at least four consecutive years by the time of reduction consideration. An inmate who has his/her death penalty commuted to life imprisonment by the President must be evaluated as good or better for at least five consecutive years by the time of reduction consideration

- An inmate sentenced to between over twenty years and thirty years in prison must be evaluated as good or better for at least three consecutive years and a half by the time of reduction consideration.

- An inmate sentenced to between over fifteen years and twenty years in prison must be evaluated as good or better for at least three consecutive years by the time of reduction consideration;

- An inmate sentenced to between over ten years and fifteen years in prison must be evaluated as good or better for at least two years or eight quarters in a row by the time of reduction consideration;

An inmate sentenced to between over five and ten years in prison must be evaluated as good or better for at least one year or four quarters in a row by the time of reduction consideration;

- An inmate sentenced to between over three years and five years in prison must be evaluate as good or better for six months or two quarters in a row by the time of reduction consideration;

- An inmate sentenced to three years or less in prison must be classified as good or better for at least the last quarter.

2. Inmates eligible for consideration of reduction of the duration of serving imprisonment penalty in special cases or minor inmates can also be proposed for consideration of reduction of the duration of serving imprisonment penalty if they lack the first year of good or better evaluation in the period preceding the time of reduction consideration as compared to that prescribed at Point b, Clause 1 of this Article (for inmates sentenced to over fifteen years in prison), or lack the first six months of good or better evaluation (for inmates sentenced to between over five years and fifteen years in prison), lack the first quarter of good or better evaluation (for inmates sentenced to between three years and five years in prison), or who have not got any evaluation (for inmates sentenced to three years or less in prison), but are remarked as strictly observing the internal regulations of prisons, temporary detention camps or custody houses, and fully satisfy other conditions.

3. Inmates fully satisfying the conditions prescribed at Point a, Clause 1 of this Article, inmates in special cases or minor inmates who have a period of good or better evaluation being equal to or longer than that prescribed at Point b, Clause 1 or in Clause 2 of this Article, which is, however, interrupted, may still be proposed for consideration of reduction of the duration of serving imprisonment penalty if they have two consecutive six-month periods of good or better evaluation preceding the time of reduction consideration (for inmates sentenced to over ten years in prison) or two consecutive quarters of good or better evaluation (for inmates sentenced to ten years of imprisonment or less).

4. Inmates with previous criminal records must undergo a longer probation duration and get a longer period of good or better evaluation than those without criminal records, with each criminal record corresponding to a six-month period of good or better evaluation. For inmates sentenced from three years of imprisonment or less, each criminal record corresponds to a quarter of good or better evaluation.

5. Inmates who have enjoyed a reduction of the duration of serving imprisonment penalty may only be further considered and proposed for reduction on due time if they are continuously evaluated as good or better in serving their imprisonment penalties. If they are ineligible for reduction consideration on due time, they will be considered and proposed for reduction when they have four quarters of good or better evaluation (including at least two quarters preceding the time of reduction consideration).

6. Inmates who have enjoyed a reduction of the duration of serving imprisonment penalty but breach the internal regulations of prisons, temporary detention camps or custody houses and are disciplined may be further considered and proposed for such reduction only after they are recognized as making progress in reform by superintendents of their prisons or temporary detention camps or heads of criminal judgment execution agencies of district-level police offices and have four consecutive quarters of good or better evaluation (for inmates who are reprimanded twice in the evaluation period or cautioned) or five consecutive quarters of good or better evaluation (for inmates who are consigned to disciplinary cells).

7. Inmates who have enjoyed a reduction of the duration of serving imprisonment penalty but commit a new serious, very serious or particularly serious crime may be considered and proposed for such reduction only if they have served at least two-thirds of their total imprisonment penalties or twenty years, if their total penalty is life imprisonment, and fully satisfy the conditions prescribed at Point b, Clause 1 of this Article.

8. Inmates who are allowed to suspend the serving of their imprisonment penalties or receive compulsory medical treatment may reserve their imprisonment penalty serving results and have their periods of evaluation before and after returning to their prisons, temporary detention camps or criminal judgment execution agencies of district-level police offices regarded as a non-interrupted period. These inmates may only be considered and proposed for reduction of the duration of serving imprisonment penalty if they fully meet the conditions prescribed in the above clauses of this Article and strictly observe the law during the time of suspension or compulsory medical treatment with the certification of the administrations of the localities where they return to reside or the medical establishments where they are given compulsory medical treatment.

Article 7. Reduction levels

1. Inmates sentenced to life imprisonment enjoy the first-time reduction to thirty years.

2. Inmates sentenced to thirty years in prison or less enjoy reductions of between one month and three years each time. To enjoy a three-year reduction, inmates must have strictly observed the internal regulations of prisons, temporary detention camps or custody houses and made merits or especially outstanding achievements in reform labor and study Each year, an inmate is considered for reduction only once; the interval between two reductions is at least one year. In case the remaining prison term after reductions is less than one year, reduction can be proposed and considered one occasion earlier in the following year, while still ensuring only one reduction a year.

In case after enjoying a reduction an inmate has a special reason for leniency such as making a merit pr contracting a dangerous disease, he/§he may be considered for additional reduction which, however, must not be more than twice a year.

4. Each inmate may enjoy many reductions of the duration of serving imprisonment penalty, provided that his/her actual duration of serving their imprisonment penalties represents half of the declared imprisonment terms or is twenty years for life imprisonment.

Article 8. Reduction in special cases

1. An inmate who has served at least a quarter of his/her declared imprisonment term, for penalties of thirty years in prison or less, or at least ten years, for life imprisonment penalty, and fully satisfies the conditions on imprisonment penalty-serving result evaluations stated in Clauses 2,3 and 4, Article 6 of this Joint Circular, may be considered and proposed for reduction of the duration of serving imprisonment penalty, if he/she falls into one of the following cases:

a/ He/she has recorded a feat. For each feat, he/she may be considered and proposed for only one reduction;

b/ He/she has become too old and weak; or

c/ He/she contracts a dangerous disease.

2. The highest level of reduction for each case defined in Clause 1 of this Article is four years, while ensuring that the actual duration of serving imprisonment penalty represents at least two-fifths of the declared penalty, or fifteen years for life imprisonment penalty.

3. In special cases, at the proposal of the Minister of Public Security or the Minister of National Defense and with the consent of the President of the Supreme People’s Court or the Chairperson of the Supreme People’s Procuracy, inmates may be considered for reductions at earlier time or with a reduction level higher than those defined in Clauses 1 and 2 of this Article.

Article 9. Reduction for minor inmates

1. A minor inmate may enjoy reduction of the duration of serving imprisonment penalty if he/she has served at least a quarter of his/ her declared penalty and fully satisfies the conditions defined in Clauses 2, 3 and 4 of Article 6 of this Joint Circular.

2. A minor inmate who has recorded a feat or suffers a dangerous disease may be immediately considered for reduction without the condition on serving at least a quarter of the declared penalty.

3. The highest level of each reduction for minor inmates is four years, while ensuring that the actual duration of serving penalty represents at least two-fifths of the declared penalty.

4. A minor inmate who records a feat or suffers a dangerous disease and has the remaining prison term of no more than one year after reduction, may be exempted from serving the remaining prison term.

Chapter III

ORDER, PROCEDURES AND DOSSIERS FOR PROPOSAL OF CONSIDERATION OF REDUCTION OF THE DURATION OF SERVING IMPRISONMENT PENALTY

Article 10. Council to consider and propose reduction of the duration of serving imprisonment penalty

1. A prison of the Ministry of Public Security shall set up a council to consider and propose reduction of the duration of serving imprisonment penalty, with the superintendent as the head and the deputy superintendent in charge of education and documentation as the permanent member, the head of the education and documentation team as the secretary, and other deputy superintendents, heads of prison divisions; and heads of the advisory, warden, scout, protection-mobile police, planning, vocational orientation and training and construction, logistics and finance, health and environmental protection teams as other members.

2. A prison with two or more divisions shall set up a sub-committee to consider and propose reduction of the duration of serving imprisonment penalty for each division, with the deputy superintendent in charge of the division as its head, the division’s education officer as the secretary and the head of the division, the head of the warden team, scout officer, health officer and the commander of the protection police platoon as members.

3. A temporary detention camp of the Ministry of Public Security or a temporary detention camp of a provincial-level police department shall set up a council to consider and propose reduction of the duration of serving imprisonment penalty with the superintendent as the head and the deputy superintendent in charge of the inmate management division as the permanent member, the head of the inmate management division, the head of the warden team, the commander of the protection police platoon and scout, education and health officers of the inmate management division as other members, and the head of the advisory team as the secretary.

3. A district-level police office shall set up a council to consider and propose reduction of the duration of serving imprisonment penalty with the head of the criminal judgment execution agency of the district-level police office as the council’s head, the head of the criminal judgment execution and judicial assistance police team as the permanent member, wardens and health officers as members and the officer in charge of general issues of the criminal judgment execution agency of the district-level police office as the secretary.

4. Prisons and temporary detention camps of the Ministry of National Defense or military zones may set up councils to consider and propose reduction of the duration of serving imprisonment penalty, with the superintendent as the council’s head, the deputy superintendent as the permanent member, the incarceration assistant as the secretary, and the political commissar and heads of the warden, guard, military health and clerical work teams as other members.

Article 11. Council to appraise dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty

1. The head of the criminal judgment execution agency of the Ministry of Public Security shall set up a council to appraise dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty of prisons and temporary, detention camps of the Ministry of Public Security. The council is composed of the director of the Education, Reform and Community Integration Department of the General Department of Criminal Judgment Execution and Judicial Assistance Police as the head, a deputy director of the Education, Reform and Community Integration Department in charge of consideration of reduction of the duration* of serving imprisonment penalty as the permanent member, the head of the Special Amnesty, Reduction of Imprisonment Terms and Suspension of the Serving of Imprisonment Penalty Section of the Education, Reform and Community Integration Department as the secretary and a deputy head of the Special Amnesty, Reduction of Imprisonment Terms and Suspension of the Serving of Imprisonment Penalty Section of the Education, Reform and Community Integration Department and a section-level representative of the Prison and Camp Inmates Management Department as its members.

2. The head of the criminal judgment execution agency of a provincial-level police department shall set up a council to appraise dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty of temporary detention camps of the provincial-level police department and the criminal judgment execution agencies of district-level police offices, and acts as its head. The council is also composed of the head of the Criminal Judgment Execution and Judicial Assistance Police Section as the permanent member, a deputy head of the Criminal Judgment Execution and Judicial Assistance Police Section in charge of criminal judgment execution as the secretary, and representatives of the leaderships of the office of the provincial-level police department, the offices of the investigative police agency and the investigation security agency as other members.

3. The head of the criminal judgment execution management agency of the Ministry of National Defense shall set up a council to appraise dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty of prisons and temporary detention camps of the Ministry of National Defense, and act as its head.

The head of a criminal judgment execution agency of a military zone shall set up a council to appraise dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty of prisons and temporary detention camps of the military zone, and act as its head.

Article 12. Compilation of dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty

1. At least twenty days before the time of reduction consideration prescribed in Clause1, Article 5 of this Joint Circular, prisons, temporary detention camps and criminal judgment execution agencies of district-level police offices shall arrange time for wardens to organize meetings of inmates’ teams for discussion, selection, consideration and proposal on reduction of the duration of serving imprisonment penalty for qualified persons and voting by a show of hands. Such meetings must be recorded in minutes signed by wardens and minutes-recording inmates.

Based on the results of meetings of inmates’ teams, the wardens shall make the lists and propose the reduction levels for each inmate for reporting to the sub-committees of the divisions (for prisons where sub-committees are set up) or to the councils to appraise dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty of prisons, temporary detention camps and criminal judgment execution agencies of district-level police offices.

If a criminal judgment execution agency of a district-level police office has few inmates, the warden is not required to organize such meeting but shall examine, scrutinize and make a list of inmates eligible for reduction consideration and report it to the council to appraise dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty of the criminal judgment execution agency of the district-level police office.

2. The councils to appraise dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty of prisons, temporary detention camps and criminal judgment execution agencies of district-level police offices shall meet to hear reports on results of reduction consideration and proposal of the sub-committees (for prisons where such sub-committees are set up) or of wardens in charge of inmates’ teams, and examine and propose reductions for each inmate, then complete the dossiers and lists to be signed by the council heads.

3. Prisons and temporary detention camps of the Ministry of Public Security or the Ministry of National Defense, temporary detention camps of provincial-level police departments, temporary detention camps of military zones, criminal judgment execution agencies of district-level police offices shall transfer the dossiers and lists to competent appraisal councils for appraisal.

4. Dossiers of proposal for reduction of the duration of serving imprisonment penalty must comply with Clause 2, Article 33 of the Law on Execution of Criminal Judgments.

Article 13. Appraisal of dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty

1. Prisons of the Ministry of Public Security transfer the dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty to the appraisal council of the criminal judgment execution agency of the Ministry of Public Security for appraisal. Temporary detention camps of the Ministry of Public Security transfer the dossiers and lists to the heads of their direct management units for consideration and approval, then to the appraisal council of the criminal judgment execution agency of the Ministry of Public Security for appraisal.

The appraisal council shall organize meetings to appraise the dossiers and lists transferred from prisons and temporary detention camps. For persons proposed for reduction who are offender of crimes of infringement upon the national security, the appraisal council shall invite a representative of the Investigation Security Agency of the Ministry of Public Security to attend the meetings or send written requests for opinions before the council meets. After appraising the dossiers and lists, the council shall sum up the results and report them to the head of the criminal judgment execution agency of the Ministry of Public Security for approval.

Based on the appraisal results approved by the head of the criminal judgment execution agency of the Ministry of Public Security, superintendents of prisons or temporary detention camps of the Ministry of Public Security shall finalize the dossiers and lists and send written requests to the provincial-level people’s courts of localities where inmates are serving their imprisonment penalties for consideration and decision and concurrently send a set of the dossiers and lists to the people’s procuracies of the same level for supervision in accordance with law.

2. Superintendents of temporary detention camps of provincial-level police departments and heads of criminal judgment execution offices of district-level police offices shall transfer the dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty to the appraisal councils of the criminal judgment execution agencies of provincial-level police departments for appraisal. Based on the appraisal results, the Criminal Judgment Execution and Judicial Assistance Police Sections of the provincial- level police departments shall coordinate with temporary detention camps and the criminal judgment execution agencies of district-level police offices in finalizing the dossiers and lists and submit them to the heads of the criminal judgment execution agencies of the provincial- level police departments for sending written requests to provincial-level people’s courts for consideration and decision on the reduction for inmates and concurrently to provincial-level people’s procuracies for supervision.

3. Prisons and temporary detention camps of the Ministry of National Defense shall transfer the dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty to the appraisal council of the criminal judgment execution management agency of the Ministry of National Defense for appraisal. The appraisal council shall examine the dossiers and lists transferred from prisons and temporary detention camps and sum up the results and report them to the head of the criminal judgment execution management agency of the Ministry of National Defense for approval.

Based on the appraisal results approved by the head of the criminal judgment execution management agency of the Ministry of National Defense, superintendents of prisons or temporary detention camps of the Ministry of National Defense shall finalize the dossiers and lists, and send written requests to military zone-level military courts in localities where the prisons or temporary detention camps are located, for consideration and decision; and concurrently send a set of the dossiers and lists to the military procuracies of the same level for supervision in accordance with law.

4. Prisons of military zones shall transfer the dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty to the military zones’ appraisal councils for appraisal. Based on the appraisal and examination results of the councils, superintendents of the military zones’ prisons shall send written requests to the military zone-level military courts for consideration and decision, and concurrently send a set of the dossiers and lists to the military procuracies of the same level for supervision in accordance with law.

5. Temporary detention camps of military zones shall transfer the dossiers and lists of inmates proposed for reduction of the duration of serving imprisonment penalty to the military zones’ appraisal councils for appraisal. Based on the appraisal and examination results of the councils, the military zones’ criminal judgment execution agencies shall coordinate with the temporary detention camps in finalizing the dossiers and lists, and send written requests to the military zone-level military courts for consideration and decision; and concurrently send a set of the dossiers and lists to the military procuracies of the same level for supervision in accordance with law.

Article 14. Settlement of cases in which inmates have been proposed for reduction of the duration of serving imprisonment penalty but breached the internal regulations of prisons, temporary detention camps or custody houses or committed law-breaking acts before the courts issue reduction decisions

For inmates who have been proposed for reduction of the duration observing imprisonment penalty but breached the internal regulations of prisons, temporary detention camps or custody houses or committed law- breaking acts before the courts issue reduction decisions, superintendents of prisons or temporary detention camps or heads of criminal judgment execution agencies of district-level police offices shall promptly report these cases to the heads of the appraising agencies defined in Article 13 of this Joint Circular, the  courts competent to consider the reduction and the procuracies of the same level for the removal of these inmates from the lists of inmates eligible for reduction.

Chapter IV

CONSIDERATION OF REDUCTION AND EXECUTION OF REDUCTION DECISIONS

Article 15. Consideration of reduction of the duration of serving imprisonment penalty Provincial-level people’s courts and military zone-level military courts shall organize sessions to consider reduction of the duration of serving imprisonment penalty, with a panel of three judges and the participation of procurators of the same level.

The panel can meet at the court’s office or at the prison or temporary detention camp where inmates are serving their imprisonment penalties.

2. The consideration of reduction of the duration of serving imprisonment penalty is conducted as follows:

- A member of the panel presents the dossiers of proposal for reduction transferred from prisons or temporary detention camps of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agencies of provincial-level police departments or the criminal judgment execution agencies of military zones;

-The procuracy representative presents opinions;

- The panel discusses, considers and then makes decision.

3. On the basis of dossiers and opinions of the procuracy, the panel decides:

a/ To refuse the proposal for reduction;

b/ To accept the whole or part of the proposal for reduction.

The panel may not decide on reduction levels higher than the levels proposed by prisons or temporary detention camps of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agencies of provincial-level police departments or the criminal judgment execution agencies of military zones;

c/ For inmates proposed for reduction consideration and having the remaining imprisonment term of no more than one month by the date the panel meets for reduction consideration, the panel may decide to reduce all the remaining imprisonment duration.

Article 16. Protest against and review of courts’ decisions on reduction of the duration of serving imprisonment penalty

Courts’ decisions on reduction of the duration of serving imprisonment penalty may be protested against by procuracies of the same level or immediate superior procuracies under appellate procedures. The time limits for protests of procuracies of the same level and of immediate superior procuracies are seven days and fifteen days, respectively, counting from the date the courts issue such decisions. The appellate review of court decisions on reduction of the duration of serving imprisonment penalty complies with Article 253 of the Criminal Procedure Code.

Article 17. Execution of courts’ decisions on reduction of the duration of serving imprisonment penalty

1. Courts’ decisions on reduction of the duration of serving imprisonment penalty take effect after the expiration of the time limit for protests under the appeal late procedures; if the reduction duration is equal to the remaining imprisonment term, the court decisions will take effect immediately.

2. Prisons, temporary detention camps and criminal judgment execution agencies of district-level police offices shall publicize the courts’ reduction decisions among all inmates held in the prisons, temporary detention camps or custody houses and carry out the procedures to reduce their imprisonment term for filing.

3. After the publicization of reduction decisions among inmates, superintendents of prisons or temporary detention camps of the Ministry of Public Security or the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments or military zones shall review the situation and report specific results to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense for monitoring and direction.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18. Effect

This Joint Circular takes effect on July 1, 2013.

Previous documents of the Ministry of Public Security, the Ministry of National Defense, the Supreme People’s Court and the Supreme People’s Procuracy guiding the implementation of provisions on reduction of the duration of serving imprisonment penalty, which are contrary to this Joint Circular, are all annulled.

Article 19. Implementation responsibility

1. Responsible agencies, organizations individuals of the Ministry of Public S the Ministry of National Defense, people’s courts, military courts, people’s procuracies and military procuracies shall implement this Joint Circular.

2. Any problems arising in the course of implementation of this Joint Circular should be reported to the Ministry of Public Security, the Ministry of National Defense, the Supreme People’s Court and the Supreme People’s Procuracy for timely guidance.-

For the Minister of Public Security

Lieutenant General

LE QUYVUONG

For the Minister of National Defense

Deputy Minister

Senior Lieutenant General

NGUYEN THANH CUNG

For the President of the Supreme People ‘s Court

Permanent Vice President

DANG QUANG PHUONG

For the Chairperson of the Supreme People s Procuracy

Vice Chairperson

TRAN CONG PHAN