VietnameseJoint Circular No. 03/2013/TTLT-BCA-TANDTC-VKSNDTC-BQP-BYT dated May 15, 2013 of the Ministry of Public Security, the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of National Defense, the Ministry of Health, guiding the implementation of provisions on suspension of the serving of imprisonment penalty for inmates
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Joint Circular No. 03/2013/TTLT-BCA-TANDTC-VKSNDTC-BQP-BYT dated May 15, 2013 of the Ministry of Public Security, the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of National Defense, the Ministry of Health, guiding the implementation of provisions on suspension of the serving of imprisonment penalty for inmates
| Issuing body: | Ministry of Public Security; Ministry of National Defence; Ministry of Health; People's Supereme Court; People's Supereme Procuracy | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 03/2013/TTLT-BCA-TANDTC-VKSNDTC-BQP-BYT | Signer: | Dang Quang Phuong; Nguyen Thi Xuyen; Tran Cong Phan; Nguyen Thanh Cung; Le Quy Vuong |
| Type: | Joint Circular | Expiry date: | Updating |
| Issuing date: | 15/05/2013 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Criminal |
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Effect status: Known
THE MINISTRY OF PUBLIC SECURITY - THE MINISTRY OF NATIONAL DEFENSE - THE MINISTRY OF HEALTH - THE SUPREME PEOPLE’S COURT - THE SUPREME PEOPLE’S PROCURACY
Joint Circular No. 03/2013/TTLT-BCA-TANDTC-VKSNDTC-BQP-BYT of May 15, 2013, guiding the implementation of provisions on suspension of the serving of imprisonment penalty for inmates
In order to ensure proper and consistent implementation of the provisions of law on suspension of the serving of imprisonment penalty for inmates, the Minister of Public Security, the Minister of National Defense, the Minister of Health, 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 suspension of the serving of imprisonment penalty for inmates, as follows:
Chapter I
GENNERAL PROVISIONS
Article 1. Scope of regulation
This Joint Circular provides specific guidance on the subjects, principles, conditions, duration, competence, order and procedures for compiling dossiers of proposal of and decision on suspension of the serving of imprisonment penalty for inmates.
Article 2. Subjects of application
This Joint Circular applies to inmates who are serving imprisonment penalties at prisons, temporary detention camps or criminal judgment execution agencies of district-level police offices; persons against whom courts have issued imprisonment judgment execution decisions and who are currently held in temporary detention camps or criminal judgment execution agencies of district-level police offices before being sent to prison (collectively referred to as persons awaiting imprisonment), and related agencies, organizations and individuals.
Article 3. Principles of suspension of the serving of imprisonment penalty for inmates
1. Compliance with law.
2. Assurance of objectivity, fairness, application to proper subjects and conformity with the State’s leniency and humanitarianism policies toward offenders.
Chapter II
CONDITIONS, DURATION, COMPETENCE TO PROPOSE SUSPENSION OF THE SERVING OF IMPRISONMENT PENALTY
Article 4. Conditions for suspension of the serving of imprisonment penalty
1. Inmates who are serving imprisonment penalties at prisons, temporary detention camps or criminal judgment execution agencies of district-level police offices may be allowed to suspend the serving of imprisonment penalty when falling into one of the following cases:
a/ Inmates who are seriously ill and may die if they continue serving their imprisonment penalties, so it is necessary to allow them to suspend the serving of their imprisonment penalties to have conditions for medical treatment, except those who have no relatives or specific places of residence.
An inmate who is seriously ill means a person who suffers such a dangerous disease 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, is unable to take care of 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;
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