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

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;

b/ Female inmates who are pregnant or nursing babies under 36 months old and held at prisons, temporary detention camps or criminal judgment execution agencies of district-level police offices, if they are imprisoned for the first time and have specific places of residence;

c/ Inmates who are the sole income earners of their families, and if they continue serving their imprisonment penalties, their families will face special difficulties (no other source of income, nobody else taking care of and nurturing their family members who are elderly persons, children or unable to work), except those who are convicted of crimes of infringing upon national security or other very serious or particularly serious crimes;

d/ Inmates who are convicted of less serious crimes and their presence is necessary for the discharge of a certain public duty.

Inmates who fall into the case specified at Point a or b, Clause 1 of this Article, if convicted of less serious, serious or very serious crimes of infringing upon national security, may only be allowed to suspend the serving of their imprisonment penalties when having consent of the Minister of Public Security the Minister of National Defense.

3. Inmates who fall into the case specified at Point a or b, Clause 1 of this Article, if convicted of particularly serious crimes of infringing upon national security or sentenced to life imprisonment but not yet commuted to termed imprisonment, may only be allowed to suspend the serving of their imprisonment penalties when having the proposal of the Minister of Public Security or the Minister of National Defense and the consent of the President of the Supreme People’s Court or the Chairperson of the Supreme People’s Procuracy.

Article 5. Competence to propose suspension of the serving of imprisonment penalty

1. Prisons and temporary detention camps of the Ministry of Public Security and the Ministry of National Defense and prisons of military zones may propose suspension of the serving of imprisonment penalty for inmates held at these prisons or temporary detention camps.

2. Criminal judgment execution agencies of provincial-level police departments may propose suspension of the serving of imprisonment penalty for inmates held at temporary detention camps and criminal judgment execution agencies of district-level police offices under the management of provincial-level police departments.

3. Criminal judgment execution agencies of military zones may propose suspension of the serving of imprisonment penalty for inmates held at temporary detention camps managed by military zones.

4. Provincial-level people’s procuracies and military zone-level military procuracies may propose suspension of the serving of imprisonment penalty for inmates under their management.

Article 6. Duration of suspension of the serving of imprisonment penalty

1. Seriously ill inmates may be allowed to suspend the serving of their imprisonment penalties once or more than once until their health is recovered.

2. Female inmates who are pregnant or nursing babies under 36 months old may be allowed to suspend the serving of their imprisonment penalties until their babies reach full 36 months.

3. Inmates who are sole breadwinners of their families or are needed for public duty may be allowed to suspend the serving of their imprisonment penalties for once or more than once for an aggregate duration of up to 1 year.

Chapter III

ORDER, PROCEDURES AND DOSSIERS OF PROPOSAL FOR SUSPENSION OF THE SERVING OF IMPRISONMENT PENALTY

Article 7. Council to consider and propose suspension of the serving of imprisonment penalty

1. A prison of the Ministry of Public Security may set up a council to consider and propose suspension of the serving imprisonment penalty, with the superintendent as the head and the deputy superintendent in charge of education and documentation as 1 permanent member, the head of the education and documentation team as the secretary and other deputy superintendents, heads o prison divisions; and heads of the advisor 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 temporary detention camp of the Ministry of Public Security or of a provincial level police department may set up a council consider and propose suspension of the service of imprisonment penalty, with the superintendent as the head and the deputy superintendent in charge of the inmate management division a the permanent member, the head of the inmate management division, the head of the warden team, the commander of the protection polio platoon and scout, education and health office of the inmate management division as other members, and the head of the advisory tea as the secretary.

3. A district-level police office may set up a council to consider and propose suspension of the serving of imprisonment penalty with the head of the criminal judgment execution agency of the district-level police office ; the council’s head, the head of the criminal judgment execution and judicial assistants police team as the permanent member, warden and health officers as members and the office 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 suspension of the serving of 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 8. Order and procedures for compilation and appraisal of dossiers of proposal for suspension of the serving of imprisonment penalty

1. The councils to consider and propose suspension of the serving of imprisonment penalty of prisons or temporary detention camps of the Ministry of Public Security shall compile dossiers of proposal for suspension for inmates held at these prisons or temporary detention camps, and send them to the Education, Reform and Community Integration Department of the General Department of Criminal Judgment Execution and Judicial Assistance Police, the Ministry of Public Security, for consideration and appraisal.

2. The councils to consider and propose suspension of the serving of imprisonment penalty of prisons or temporary detention camps of the Ministry of National Defense shall compile dossiers of proposal for suspension for inmates held at these prisons or temporary detention camps, and send them to the criminal judgment execution management agency of the Ministry of National Defense for consideration and appraisal.

3. The councils to consider and propose suspension of the serving of imprisonment penalty of temporary detention camps of provincial-level police departments or criminal judgment execution agencies of district- level police offices shall compile dossiers of proposal for suspension of the serving of imprisonment penalty for inmates, held at these temporary detention camps or criminal judgment execution agencies, and report them to the heads of the criminal judgment execution agencies of provincial-level police departments for consideration and appraisal.

4. The councils to consider and propose suspension of the serving of imprisonment penalty of prisons of military zones shall compile dossiers of proposal for suspension for inmates held at these prisons, and send them to the criminal judgment execution agencies of military zones for consideration and appraisal.

5. The councils to consider and propose suspension of the serving of imprisonment penalty of temporary detention camps of military zones shall compile dossiers of proposal for suspension for inmates held at these temporary detention camps, and report them to the heads of the criminal judgment execution agencies of military zones for consideration and appraisal.

6. Within 2 working days after receiving a dossier of proposal for suspension, the agency with dossier-appraising competence shall consider and appraise the dossier and issue a written reply to the agency compiling the dossier. If the dossier contains insufficient documents, the appraising agency shall request the agency compiling the dossier to supplement documents or give explanation. The 2-day time limit for consideration and appraisal is re-counted from the date the appraising agency receives the supplemented documents or written explanation.

Within 2 days after receiving the consent of the agency with appraising competence, the prison or temporary detention camp of the Ministry of Public Security or the Ministry of National Defense or the prison of a military zone shall make a written proposal to a competent court to consider and make decision on suspension of the serving of  imprisonment penalty. For inmates held at temporary detention camps of provincial- level police departments, criminal judgment execution agencies of district-level police offices or temporary detention camps of military zones, after appraising dossiers, criminal judgment execution agencies of provincial-level police departments or of military zones shall make written proposals to provincial-level courts or military zone-level military courts to consider and make decision on suspension of the serving of imprisonment penalty.

7. For inmates imprisoned for 15 years or less who suffer AIDS-related opportunistic infection and are unable to serve themselves, have a bad prognosis and high risk of death, agencies competent to propose suspension of the serving of imprisonment penalty specified in Clauses 1, 2 and 3, Article 5 of this Joint Circular shall compile dossiers of proposal for suspension of the serving of imprisonment penalty, and send them to the presidents of competent courts to consider and make decision without having these dossiers appraised as in other cases.

A dossier of proposal for suspension of the serving of imprisonment penalty for inmates defined in this Clause must be duplicated and sent to the procuracy of the same level with the court competent to make decision on suspension, for supervising the compliance with law.

8. Through supervising the execution of penalties, if finding any inmates eligible for suspension of the serving of imprisonment penalty, procuracies may compile by themselves or make written requests to superintendents of prisons or temporary detention camps or heads of criminal judgment execution agencies of provincial-level police departments or military zones to compile dossiers of proposal for suspension of the serving of imprisonment penalty for these inmates. In case superintendents of prisons or temporary detention camps or heads of criminal judgment execution agencies of provincial-level police departments or military zones compile dossiers of proposal for suspension of the serving of imprisonment penalty for these inmates at the request of the procuracies, the order and procedures still comply with Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

Article 9. Dossier of proposal for suspension of the serving of imprisonment penalty

A dossier of proposal for suspension of the serving of imprisonment penalty for an inmate comprises:

1. A copy of the whole or an extract of the criminal judgment which has taken legal effect.

2. A copy of the imprisonment judgment execution decision.

3. A written proposal of the superintendent of the prison or temporary detention camp of the Ministry of Public Security or the Ministry of National Defense, the criminal judgment execution agency of the provincial-level police department or military zone, enclosed with the card of proposal of suspension of the serving of imprisonment penalty (made according to the form promulgated by the Ministry of Public Security or the Ministry of National Defense).

4. The written consent of the competent appraising agency.

5. The written request of the Ministry of Public Security or the Ministry of National Defense and the written agreement of the President of the Supreme People’s Court or the Chairperson of the Supreme People’s Procuracy (for cases specified in Clause 3, Article 4 of this Joint Circular).

6. The written petition of the inmate’s family for suspension of the serving of imprisonment penalty for the inmate, containing the certification or written request of the commune-level People’s Committee of the place of residence (if the inmate’s family has nobody who is able to write such written request for the inmate).

7. For a female inmate who is pregnant or nursing a baby under 36 months old, a conclusion of a hospital of district or higher level on her pregnancy or a copy of the birth certificate or certification card of her baby, and the certification of the superintendent of the prison or temporary detention camp or the head of the criminal judgment execution agency of the district-level police office where she is held, that she is nursing a baby under 36 months old in the prison, temporary detention camp or custody house.

8. For a seriously ill inmate, a conclusion of the medical assessment council or a copy of the medical record or conclusion of a hospital of provincial, military zone or higher level on his/ her health. For an inmate suffering HIV infection in the progression into /JDS, an HIV testing result as prescribed by the Ministry of Health and a copy of the medical record or , conclusion of a competent health agency confirming that the inmate currently has AIDS-related opportunistic infections, is unable to serve himself/herself and has a bad prognosis and high risk of death.

The health agencies and hospitals at all levels shall provide sufficient documents bating to the health status of inmates at the request of competent agencies.

9.  For an inmate who is proposed for suspension of the serving of imprisonment penalty for the reason that he/she is the sole breadwinner in his/her family, the certification of the commune-level People’s Committee of the place where the inmate used to permanently reside that the inmate is the sole breadwinner in his/her family and his/her family will run into special difficulty if he/she is imprisoned.

10. For a inmate who is proposed for suspension of the serving of imprisonment penalty for the discharge of a public duty, the written request of the agency, organization, local administration or military unit related to the discharge of such duty.

11. The procuracy’s written proposal for suspension of the serving of imprisonment penalty (in case of proposal by a procuracy).

Article 10. Suspension for persons awaiting imprisonment

A person who is awaiting imprisonment and satisfies all conditions prescribed in Article 4 of this Joint Circular may be proposed for suspension of the serving of imprisonment penalty. The conditions, duration, competence, order, procedure and dossier of proposal for suspension of the serving of imprisonment penalty are the same as those applicable to inmates held at criminal judgment execution agencies of  district-level police offices, temporary detention camps of the Ministry of Public Security or the Ministry of National Defense, or temporary detention camps of provincial evel police departments or military

Chapter IV

DECISION ON SUSPENSION OF THE SERVING OF IMPRISONMENT PENALTY ENFORCEMENT THEREOF

Article 11. Consideration and decision on suspension of the serving of imprisonment penalty

1. Within 7 days after receiving a dossier of proposal for suspension of the serving of imprisonment penalty, the president of the provincial-level court or military zone-level military court of the place where the inmate concerned is imprisoned shall consider and make decision on acceptance or rejection of the proposal. In case documents should be supplemented or are unclear, the president of the court shall request the agency making the proposal to supplement documents or give explanation. In this case, the 7-day time limit for consideration and decision is re-counted from the date the president of the court receives supplemented documents or written explanation.

2. If rejecting the proposal for suspension of the serving of imprisonment penalty, the president of the provincial-level court or military zone-level military court of the place where the inmate concerned is imprisoned shall immediately notify in writing the rejection to the procuracy of the same level and the agency making the proposal, clearly stating the reason for rejection of the proposal for the inmate’s suspension of the serving of his/her imprisonment penalty.

3. When the procuracy makes a recommendation because the rejection of the proposal for suspension of the serving of imprisonment penalty is based on unjustifiable reasons or makes a protest because the decision on suspension of the serving of imprisonment penalty is based on insufficient grounds, the president of the court competent to make such decision shall consider the recommendation or protest of the procuracy. If the recommendation or protest has valid grounds, the president of the court shall issue a decision to suspend the serving of imprisonment penalty or cancel the decision on suspension of the serving of imprisonment penalty.

Article 12. Enforcement of decisions on suspension of the serving of imprisonment penalty

1. The sending of decisions on suspension of the serving of imprisonment penalty; handover, management and continued serving of imprisonment penalty of persons who are allowed to suspend the serving; termination of the suspension, pursuit and arrest of persons who abscond when being suspended from serving their imprisonment penalties; and settlement of cases in which persons who are suspended from serving their imprisonment penalties die, comply with Article 32 of the Law on Execution of Criminal Judgments.

2. For persons who are allowed to suspend the serving of their imprisonment penalties on the ground of serious illness and have the provincial- or military zone-level medical assessment conclusion that their health has not yet recovered, the criminal judgment execution agencies of the provincial-level police departments of the places where they are residing or the criminal judgment execution agencies of the military zones where the units assigned to manage these persons are located shall notify in writing the presidents of the courts who have issued the decisions on suspension of the serving of imprisonment penalty, for considering and making decision to allow or disallow these persons to further suspend the serving of their imprisonment penalties. Documents attached to the documents of the criminal judgment execution agencies of the provincial-level police departments or the criminal judgment execution agencies of the military zones include: the written petition for continued suspension, made by the person concerned or his/her relative, containing the certification of the commune-level People’s Committee or the military unit assigned to manage the person concerned; and a copy of the medical record or medical assessment conclusion confirming that the health person concerned has not yet recovered.

Chapter V

IMPLEMENTATION PROVISIONS

Article 13. Effect

This Joint Circular takes effect on July 1, 2013.

Earlier documents of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Supreme People’s Court and the Supreme People’s Procuracy that provide guidance on the suspension of the serving of imprisonment penalty for inmates against this Joint Circular are all annulled.

Article 14. Implementation responsibility

1. Responsible agencies, organizations and persons of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the People’s Courts and the People’s Procuracies at all levels shall organize the implementation of this Joint Circular.

2. Criminal judgment execution; agencies of district-level police offices shall regularly monitor and supervise and quarterly, biannually and annually examine, review and assess the enforcement of decisions on suspension of the serving of imprisonment penalty, and timely report it to criminal judgment execution agencies of provincial-level police departments for summarization and reporting to the criminal judgment execution management agency of the Ministry of Public Security.

3. Criminal judgment execution agencies of military zones shall regularly monitor and supervise and quarterly, biannually and annually examine, review and assess the enforcement of decisions on suspension of the serving of imprisonment penalty, and timely summarize and report the results to the criminal judgment execution management agency of the Ministry of National Defense.

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

For the Minister of Public Security

Deputy Minister

Lieutenant General

LE QUY VUONG

For the Minister of National Defense

Deputy Minister

Senior Lieutenant General

NGUYEN THANH CUNG

For the Minister of Health

Deputy Minister

NGUYEN THI XUYEN

For the President of the Supreme People s Court

Standing Vice President

DANG QUANG PHUONG

For the Chairperson of the Supreme People’s Procuracy

Vice Chairperson

TRAN CONG PHAN