Law on Execution of Criminal Judgments, Law No. 41/2019/QH14

LAW

On Execution of Criminal Judgments^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Execution of Criminal Judgments.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes principles, order and procedures for, organization of, and tasks and powers of competent agencies and persons in, the execution of judgments and rulings on imprisonment penalty, death penalty, caution, non-custodial reform, residence ban, probation, expulsion, deprivation of certain civic rights, prohibition from holding certain positions, practicing certain professions or doing certain jobs, suspended sentence, conditional early release, penalties of suspension from operation and termination of operation, prohibition from doing business or operating in certain fields, prohibition from raising capital, and judicial measures; rights and obligations of persons and commercial legal persons serving criminal sentences or subject to judicial measures; and responsibilities of  agencies, organizations and individuals involved in the execution of criminal judgments or judicial measures.

Article 2. Executable judgments and rulings

1. Court judgments and rulings that have become legally effective and for which execution decisions have been issued.

2. Court judgments or rulings to be executed without delay in accordance with the Criminal Procedure Code or on the date they become legally effective in accordance with the Penal Code.

3. Rulings of courts to receive persons currently serving imprisonment sentences in foreign countries to Vietnam to serve their sentences in Vietnam, for whom execution decisions have been issued; court rulings to transfer persons currently serving imprisonment sentences in Vietnam to a foreign country.

4. Judgments or rulings to apply judicial measures of compulsory medical treatment, education at a reformatory; forcible restoration to the original state, forcible implementation of a number of measures to redress and prevent further consequences by commercial legal persons under the competence of criminal judgment execution agencies.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Sentenced person means a person who has been sentenced and subjected to a penalty under a court judgment or ruling that has become legally effective and for which an execution decision has been issued.

2. Inmate means a person who is currently serving a termed imprisonment or life imprisonment sentence.

3. Incarceration facility means a place where the management, incarceration, education and reformation of inmates are organized. These facilities include prisons, detention camps and custody houses.

4. Execution of imprisonment sentence means that a competent agency or person defined in this Law coerces a person sentenced to termed imprisonment or life imprisonment to the management, incarceration, education and reformation.

5. Execution of death sentence means that a competent agency or person defined in this Law deprives a person sentenced to death of his/her life.

6. Execution of suspended sentence means that a competent agency or person defined in this Law supervises and educates a person entitled to suspended sentence during the probation period.

7. Execution of decision on conditional early release means that a competent agency or person defined in this Law manages the person entitled to conditional early release during the probation period.

8. Execution of non-custodial reform sentence means that a competent agency or person defined in this Law supervises and educates a sentenced person in his/her place of residence or workplace or place of learning; and deducts part of his/her income into the state coffers, and supervises his/her performance of a number of community services under a legally effective court judgment or ruling.

9. Execution of residence ban sentence means that a competent agency or person defined in this Law compels a sentenced person to refrain from temporarily or permanently residing in certain localities under a legally effective court judgment or ruling.

10. Execution of probation sentence means that a competent agency or person defined in this Law compels a sentenced person to reside and earn a living and reform himself/herself in a certain locality under the supervision and education by the local administration and people under a legally effective court judgment or ruling.

11. Execution of expulsion sentence means that a competent agency or person defined in this Law compels a sentenced person to leave the territory of the Socialist Republic of Vietnam under a legally effective court judgment or ruling.

12. Execution of the sentence of deprivation of certain civic rights means that a competent agency defined in this Law deprives a sentenced person of one or some certain civic right under a legally effective court judgment or ruling.