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

Order

On the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Execution of Criminal Judgments,

which was passed on June 14, 2019, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 7^thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

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 personmeans 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.Inmatemeans a person who is currently serving a termed imprisonment or life imprisonment sentence.

3.Incarceration facilitymeans 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 sentencemeans 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 sentencemeans that a competent agency or person defined in this Law deprives a person sentenced to death of his/her life.

6.Execution of suspended sentencemeans 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 releasemeans 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 sentencemeans 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 sentencemeans 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 sentencemeans 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 sentencemeans 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 rightsmeans 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.

13.Execution of the sentence of prohibition from holding certain positions, practicing certain professions or doing certain jobsmeans that a competent agency, organization or person defined in this Law compels a sentenced person to refrain from holding certain positions, practicing certain professions or doing certain jobs under a legally effective court judgment or decision.

14.Execution of the judicial measure of compulsory medical treatmentmeans that a competent agency or person defined in this Law compels a person who has committed a socially dangerous act or a person who is serving a sentence and suffers a mental disease or another disease that deprives him/her of his/her cognitive ability or behavioral control ability to undergo treatment at a medical establishment designated under a court ruling or a procuracy’s decision.

15.Execution of the judicial measure of education at a reformatorymeans that a competent agency or person defined in this Law consigns a minor to a reformatory for education under a legally effective court judgment or ruling.

16.Escort for judgment executionmeans that a competent agency or person defined in this Law forces a person sentenced to imprisonment, death or expulsion to go to a place where he/she will serve the sentence.

17.Transfermeans the implementation of a decision of a competent agency or person defined in this Law to take an inmate, a person sentenced to death or a person serving the judicial measure of education at a reformatory from the place of management and deliver him/her to a competent agency or person for investigation, prosecution and trial, medical examination and treatment, incarceration management, education and reformation for a given period.

18.Personal identification recordmeans a document recording brief information on personal history, identification characteristics enclosed with photos of three positions and two index finger prints of a sentenced person or a person serving a judicial measure, which is made and kept by a competent agency.

19.Fingerprint sheetmeans a document recording brief information on personal history and all fingerprints of a sentenced person, which is made and kept by a competent agency.

20.Sentenced commercial legal personmeans a commercial legal person that is sentenced for a crime and subjected to a penalty and/or judicial measure under a legally effective court judgment or ruling.

21.Execution of the penalty of suspension from operationmeans that a competent agency or person defined in this Law compels a sentenced commercial legal person to suspend its operation in one or certain field(s) of operation for a given period under a legally effective court judgment or ruling.

22.Execution of the penalty of termination of operationmeans that a competent agency or person defined in this Law compels a sentenced commercial legal person to terminate without delay and forever its operation in one or certain or all field(s) of operation under a legally effective court judgment or ruling.

23.Execution of the penalty of prohibition from doing business or operating in certain fieldsmeans that a competent agency or person defined in this Law compels a sentenced commercial legal person to discontinue its business or operation in certain fields for a given period under a legally effective court judgment or ruling.

24.Execution of the penalty of prohibition from raising capitalmeans that a competent agency or person defined in this Law compels a sentenced commercial legal person to refrain from raising capital in one or some form(s) for a given period under a legally effective court judgment or ruling.

25.State management agency in charge of sentenced commercial legal personsmeans an agency competent to register business, grant registration certificates, grant licenses or approval for the operation of commercial legal persons, supervise and monitor the operation of commercial legal persons, that is requested by a competent criminal judgment execution agency to perform one or some task(s) to secure the execution of penalties and/or judicial measures against sentenced commercial legal persons.

Article 4.Principles of execution of criminal judgments

1. Abidance by the Constitution and law, guarantee of interests of the State and lawful rights and interests of agencies, organizations and individuals.

2. Court judgments and rulings that have become legally effective must be respected by agencies, organizations and individuals and strictly complied with by related agencies, organizations and individuals.

3. Guarantee of socialist humanism; respect for the honor, dignity and lawful rights and interests of sentenced persons, persons subject to judicial measures, and lawful rights and interests of sentenced commercial legal persons.

4. Combination of punishment and reformatory education in the execution of judgments; application of reformatory education measures must be based on the nature and severity of crimes committed, age, health, gender, educational level and other personal characteristics of sentenced persons.

5. Execution of judgments toward minors primarily aims to educate them and help them correct their errors, healthily develop and become useful to the society.

6. Sentenced persons are encouraged to show repentance, actively learn and work to reform themselves and voluntarily pay compensations for damage they cause.

7. Guarantee of the right to complain and denounce illegal acts and decisions of competent agencies and persons in the execution of criminal judgments.

8. Guarantee of the participation by agencies, organizations, individuals and families in the execution of criminal judgments as well as community reintegration in accordance with law.

Article 5.Responsibilities of agencies, organizations and individuals to coordinate in the execution of criminal judgments

Agencies, organizations and individuals shall, within the ambit of their tasks, powers and obligations, coordinate with, and comply with requests of, competent agencies and persons in the execution of criminal judgments in accordance with this Law.

Article 6.Oversight of the execution of criminal judgments

The National Assembly, People’s Councils and the Vietnam Fatherland Front and its member organizations shall oversee activities of competent agencies, organizations and persons and other related agencies, organizations and individuals in the execution of criminal judgments in accordance with law.

Article 7.Supervision of the execution of criminal judgments

People’s procuracies shall supervise the law observance by competent agencies and persons and other related agencies, organizations and individuals in the execution of criminal judgments.

Article 8.Dissemination of and education about the law on execution of criminal judgments

1. The Government, ministries, ministerial-level agencies and government-attached agencies shall organize and direct the dissemination of and education about the law on execution of criminal judgments.

2. People’s Committees at all levels and other agencies and organizations shall, within the ambit of their tasks and powers, organize the dissemination of and education about, and mobilize the people to observe, the law on execution of criminal judgments.

Article 9.International cooperation on the execution of criminal judgments

International cooperation on the execution of criminal judgments between competent agencies of the Socialist Republic of Vietnam and their foreign counterparts shall be carried out on the principle of respect for national independence, sovereignty, territorial integrity and non-intervention in one another’s internal affairs, equality and mutual benefit, and conformity with the Constitution and laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.

In case Vietnam and a related country have not yet concluded any treaty, the two countries shall cooperate in the execution of criminal judgments on the principle of reciprocity but not in contravention of the Constitution of Vietnam, and in conformity with international law and practices.

Article 10.Prohibited acts in the execution of criminal judgments

1. Destroying inmate management and incarceration facilities; destroying or intentionally damaging property of inmate management and incarceration facilities; organizing escape or escaping from inmate management or incarceration places; organizing escape or escaping while being escorted; rescuing inmates, persons serving judicial measures or persons being escorted.

2. Failing to abide by criminal judgment execution decisions; obstructing or resisting the implementation of internal rules or regulations on the execution of criminal judgments or decisions or requests of competent agencies or persons in the execution of criminal judgments.

3. Organizing, provoking, instigating, dragging, enticing, abetting or forcing others to commit violations of the law on execution of criminal judgments; taking revenge on or infringing upon the life, health, honor, dignity and property of persons in charge of executing criminal judgments.

4. Failing to issue decisions to execute criminal judgments; failing to execute decisions to release persons in accordance with law and other decisions of competent agencies or persons in the execution of criminal judgments.

5. Giving, taking or brokering bribes or causing hassles in the execution of criminal judgments.

6. Illegally releasing persons who are being detained or escorted for judgment execution; showing irresponsibility in the management, guard and escort for judgment execution resulting in the escape of persons sentenced to imprisonment, death or expulsion.

7. Taking advantage of or abusing positions and powers to propose exoneration from, or reduction of the period, postponement or suspension of the serving of sentences, conditional early release or reduction of the probation period for ineligible persons; failing to propose exoneration from or reduction of the period, postponement or suspension of the serving of sentences, conditional early release or reduction of the probation period for eligible persons; proposing or failing to propose the ahead-of-time termination of the serving of judicial measures, postponement or termination of execution of judicial measures; obstructing sentenced persons or commercial legal persons from exercising their rights in accordance with this Law.

8. Torturing or applying other forms of cruel, inhumane or degrading treatment or punishment of persons serving sentences or judicial measures.

9. Stigmatizing, discriminating against or infringing upon lawful rights and interests of sentenced persons or commercial legal persons.

10. Illegally issuing or refusing to issue decisions, certificates or other papers regarding the execution of criminal judgments.

11. Falsifying files and records related to the execution of criminal judgments.

Chapter II

SYSTEM OF CRIMINAL JUDGMENT EXECUTION ORGANIZATION, TASKS AND POWERS OF COMPETENT AGENCIES IN THE EXECUTION OF CRIMINAL JUDGMENTS

Article 11.System of criminal judgment execution organization

1. Criminal judgment execution management agencies include:

a/ The Criminal Judgment Execution Management Agency of the Ministry of Public Security;

b/ The Criminal Judgment Execution Management Agency of the Ministry of National Defense.

2. Criminal judgment execution agencies include:

a/ Prisons of the Ministry of Public Security, prisons of the Ministry of National Defense and prisons of military zones (below referred to as prisons);

b/ Criminal judgment execution agencies of Departments of Public Security of provinces and centrally run cities (below referred to as criminal judgment execution agencies of provincial-level Departments of Public Security);

c/ Criminal judgment execution agencies of Divisions of Public Security of districts, towns and provincial cities and cities within centrally run cities (below referred to as criminal judgment execution agencies of district-level Divisions of Public Security);

d/ Military zone-level criminal judgment execution agencies and equivalent level (below referred to as military zone-level criminal judgment execution agencies).

3. Agencies assigned to perform a number of criminal judgment execution tasks include:

a/ Detention camps of the Ministry of Public Security, detention camps of the Ministry of National Defense, detention camps of provincial-level Departments of Public Security, and detention camps of military zones (below referred to as detention camps);

b/ Commune-level People’s Committees;

c/ Army units of regiment and equivalent levels (below referred to as army units).

4. The Minister of Public Security and Minister of National Defense shall issue detailed regulations on the organizational apparatuses of criminal judgment execution management agencies and criminal judgment execution agencies.

Article 12.Tasks and powers of the Criminal Judgment Execution Management Agency of the Ministry of Public Security

1. To assist the Minister of Public Security in performing the following tasks and powers:

a/ Organizing the enforcement of the law on execution of criminal judgments;

b/ Providing professional instructions and guidance for the uniform application of the law on execution of criminal judgments;

c/ Reviewing the execution of criminal judgments.

2. To examine the execution of criminal judgments.

3. To decide on the sending of persons sentenced to imprisonment to places where they shall serve their sentences, and the sending of minors to a reformatory.

4. To directly manage prisons and reformatories of the Ministry of Public Security.

5. To implement the statistics and reporting regime.

6. To settle complaints and denunciations about the criminal judgment execution in accordance with this Law and the Law on Denunciations.

7. To perform other tasks and exercise other powers prescribed by this Law and tasks and powers assigned by the Minister of Public Security.

Article 13.Tasks and powers of the Criminal Judgment Execution Management Agency of the Ministry of National Defense

1. To assist the Minister of National Defense in performing the following tasks and powers:

a/ Organizing the enforcement of the law on execution of criminal judgments;

b/ Providing professional instructions and guidance for the uniform application of the law on execution of criminal judgments in the army;

c/ Reviewing the execution of criminal judgments in the army.

2. To examine the execution of criminal judgments in the army.

3. To decide on the sending of persons sentenced to imprisonment to places where they shall serve their sentences.

4. To directly manage prisons of the Ministry of National Defense.

5. To implement the statistics and reporting regime.

6. To settle complaints and denunciations about the criminal judgment execution in accordance with this Law and the Law on Denunciations.

7. To perform other tasks and exercise other powers prescribed by this Law and tasks and powers assigned by the Minister of National Defense.

Article 14.Tasks and powers of criminal judgment execution agencies of provincial-level Departments of Public Security

1. To assist directors of provincial-level Departments of Public Security in managing and directing the execution of criminal judgments in their respective provinces or cities:

a/ Providing professional instructions for, and examining the execution of criminal judgments by, detention camps of provincial-level Departments of Public Security and criminal judgment execution agencies of district-level Divisions of Public Security;

b/ Reviewing the execution of criminal judgments and implementing the statistics and reporting regime as guided by the Criminal Judgment Execution Management Agency of the Ministry of Public Security.

2. To receive court judgments and rulings, criminal judgment execution decisions; to complete files and draw up lists of persons sentenced to imprisonment for reporting and proposal to competent agencies or persons for decision; to make judgment execution files for commercial legal persons.

3. To request competent courts to consider and decide on the suspension of the serving of imprisonment sentences and reduction of imprisonment sentence serving period and conditional early release for inmates, and the reduction of the probation period for persons entitled to conditional early release, and the solicitation of forensic psychiatric examination in accordance with law.

4. To organize the receipt of persons sentenced to imprisonment who are transferred to Vietnam for serving their sentences under rulings of competent courts, complete judgment execution files and report them to criminal judgment execution management agencies for issuing decisions to send them to places where they shall serve their sentences.

5. To organize the execution of expulsion sentences; to participate in the execution of death sentences; to manage inmates employed in custody and detention work in accordance with this Law.

6. To issue pursuit warrants for, and organize the pursuit of, escaping inmates.

7. To decide to transfer inmates or implement inmate transfer orders of competent agencies or persons.

8. To organize the execution of penalties and judicial measures against commercial legal persons in accordance with this Law.

9. To issue certificates of completion of the serving of sentence or judicial measures according to their competence.

10. To settle complaints and denunciations about the execution of criminal judgments in accordance with this Law and the Law on Denunciations.

11. To perform other tasks and exercise other powers as prescribed by this Law.

Article 15.Tasks and powers of military zone-level criminal judgment execution agencies

1. To assist commanders of military zones in managing and directing the execution of criminal judgments in their military zones or equivalent zones:

a/ Providing professional instructions on and examine the execution of criminal judgments;

b/ Managing prisons of military zones;

c/ Reviewing the execution of criminal judgments and implementing the statistics and reporting regime as guided by the Criminal Judgment Execution Management Agency of the Ministry of National Defense.

2. To receive court judgments and rulings, and judgment execution decisions; to complete files and draw up lists of persons sentenced to imprisonment for reporting and proposal to competent agencies or persons for decision; to make judgment execution files for commercial legal persons.

3. To request competent courts to consider and decide on the suspension of the serving of imprisonment sentences, reduction of imprisonment sentence serving periods, and conditional early release for inmates, reduction of the probation period for persons entitled to suspended sentence, conditional early release or reduction of non-custodial reform sentence serving period, coercion of persons entitled to suspended sentence but breaching their obligations to serve their imprisonment sentences already suspended, cancellation of decisions on conditional early release for persons entitled to conditional early release but breaching their obligations and coercion of them to serve the remainder of their imprisonment penalty, and solicitation of forensic psychiatric examination in accordance with law.

4. To escort for judgment execution persons sentenced to imprisonment who are out on bail, or are entitled to postponement or suspension of the serving of their sentences, but are forced by the court to serve the imprisonment penalty under their previously suspended sentences, or whose conditional early release decisions are cancelled by the court.

5. To participate in the execution of death sentences; to manage inmates employed in custody and detention work in accordance with this Law.

6. To issue pursuit warrants for and organize the pursuit of sentenced persons who are absconding.

7. To decide on the transfer of inmates or execute orders on transfer of inmates issued by competent agencies or persons.

8. To organize the execution of penalties or judicial measures against commercial legal persons in accordance with this Law.

9. To issue certificates of completion of the serving of sentence or judicial measure according to their competence.

10. To settle complaints and denunciations about the criminal judgment execution in accordance with this Law and the Law on Denunciations.

11. To perform other tasks and exercise other powers as prescribed by this Law.

Article 16.Tasks and powers of criminal judgment execution agencies of district-level Divisions of Public Security

1. To assist heads of district-level Divisions of Public Security in managing and directing the execution of criminal judgments in their respective districts:

a/ Providing professional instructions on the execution of criminal judgments according to their competence to commune-level People’s Committees; directing and examining commune-level Public Security offices in their assistance for commune-level People’s Committees in performing the tasks of executing criminal judgments in accordance with this Law;

b/ Implementing the statistics and reporting regime as guided by the Criminal Judgment Execution Management Agency of the Ministry of Public Security.

2. To receive court judgments and rulings, judgment execution decisions and related documents, make files and organize the execution of criminal judgments for persons serving suspended sentences or sentences of non-custodial reform, residence ban, prohibition from holding certain positions, practicing certain professions or doing certain jobs, deprivation of certain civic rights, and probation; to organize the management of persons entitled to postponement or suspension of  the serving of imprisonment sentences or entitled to conditional early release.

3. To make files and reports to criminal judgment execution agencies of provincial-level Departments of Public Security to propose competent courts to consider and decide on the suspension of the serving of imprisonment sentences, reduction of imprisonment sentence serving period and conditional early release for inmates currently serving their sentences in custody houses, and reduction of the probation period for persons entitled to conditional early release.

4. To escort for judgment execution persons sentenced to imprisonment who are out on bail or entitled to postponement or suspension of the serving of their imprisonment sentences and are ordered by the court to serve imprisonment penalties under suspended sentences, or persons whose conditional early release decisions are cancelled by the court.

5. To directly manage inmates employed in detention and custody work in custody houses.

6. To serve judgment execution decisions to persons sentenced to imprisonment who are held in custody houses and report them to criminal judgment execution agencies of provincial-level Departments of Public Security.

7. To make files and reports to criminal judgment execution agencies of provincial-level Departments of Public Security for proposal to the Criminal Judgment Execution Management Agency of the Ministry of Public Security to issue decisions to send persons sentenced to imprisonment who are held in custody houses or entitled to postponement or suspension of the serving of their sentences or persons who are ordered by courts to serve imprisonment penalties under suspended sentences, and persons whose conditional early release decisions are cancelled by the court to serve their sentences;

8. To propose competent courts to consider and decide on postponement of the serving of imprisonment sentences for persons sentenced to imprisonment who are out on bail, to coerce persons who are entitled to suspended sentences but breach their obligations to serve imprisonment penalties under their suspended sentences, to cancel conditional early release decisions for conditionally released persons who breach their obligations and coerce them to serve the remainder of their imprisonment penalties, to reduce the probation period for persons entitled to suspended sentences, to reduce the non-custodial reform sentence serving period, and to exonerate the serving of the remaining term for persons serving sentences of probation or residence ban.

9. To propose competent agencies to issue pursuit warrants for persons who abscond to avoid serving their sentences; to decide to transfer inmates or implement inmate transfer orders issued by competent agencies or persons.

10. To issue certificates of completion of the serving of imprisonment penalty according to their competence.

11. To settle complaints and denunciations about the criminal judgment execution in accordance with this Law and the Law on Denunciations.

12. To perform other tasks and exercise other powers as prescribed by this Law.

Article 17.Tasks, powers and organizational structure of prisons

1. Prisons, in the capacity as agencies executing imprisonment sentences, have the following tasks and powers:

a/ To admit inmates and manage their incarceration, education and reformation;

b/ To notify relatives of inmates of the admission of inmates and the state of serving their sentences;

c/ To propose competent courts to consider and decide on reduction of the imprisonment sentence serving period, suspension of the serving of imprisonment sentences and conditional early release for inmates in accordance with law;

d/ To implement inmate transfer orders issued by competent agencies or persons;

dd/ To receive personal possessions and cash voluntarily handed by inmates and their relatives at prisons for judgment execution, then transfer them to civil judgment enforcement agencies of localities where courts that have conducted first-instance trial of cases are based, or to civil judgment enforcement agencies mandated to execute judgments; to receive personal possessions and cash from civil judgment enforcement agencies and hand them to inmates in accordance with the Law on Execution of Civil Judgments;

e/ To coordinate with civil judgment enforcement agencies in providing information about places where inmates shall serve their imprisonment sentences and their exercise of civil rights and performance of civil obligations, information about places of residence of persons who have completely served their imprisonment sentences, persons who have been granted special amnesty, persons who have been exonerated from serving their imprisonment sentences, and conditionally released persons; to deliver documents related to inmates who are obliged to pay fines and subject to property confiscation and other civil obligations;

g/ To issue certificates of completion of the serving of imprisonment sentences and certificates of conditional early release;

h/ To carry out procedures for handling cases of deceased inmates;

i/ To escort and deliver foreign inmates under court rulings on the transfer of persons currently serving imprisonment sentences; to admit, and manage the incarceration, education and reformation of, Vietnamese inmates who committed crimes and were sentenced to imprisonment in foreign countries and are transferred to Vietnam for serving their sentences; to implement the provisions of this Law regarding execution of expulsion sentences;

k/ To make statistics and reports on the execution of imprisonment sentences;

l/ To perform other tasks and exercise other powers as prescribed by law.

2. Prison wardens have the following tasks and powers:

a/ To organize the performance of tasks and exercise of powers of prisons under Clause 1 of this Article;

b/ To issue decisions to classify inmates and organize the incarceration of inmates according to their classification results; to decide on the classification of the serving of imprisonment sentences; to decide on raising and lowering inmate classification results, decide to recognize that inmates who breached discipline have shown improvements, decide on some initial investigation measures in accordance with law, decide on pursuit termination after having arrested absconding inmates; to decide on rewarding or disciplining of inmates;

c/ To decide to check, seize and dispose of articles and documents on the ban list;

d/ To issue decisions to transfer inmates for medical examination and treatment, management, working and learning purposes; to transfer inmates to medical treatment wards in hospitals to take care of seriously ill inmates who cannot support themselves, and inmates who have children aged under 36 months living together with them in prisons and are ill and in need of treatment at a hospital;

dd/ To issue pursuit warrants and coordinate with others in organizing prompt pursuit of inmates absconding from prisons.

3. Deputy wardens of prisons shall perform tasks and powers of prison wardens as assigned or authorized by prison wardens and take responsibility for assigned tasks.

4. A prison shall be organized as follows:

a/ A prison has prison camps, sections and cells; facilities serving the management, incarceration, learning, daily activities, health care; and work and job training areas under the prison’s management; facilities serving working and daily activities of officers, professional army men, non-commissioned officers, soldiers or policemen and workers in the prison;

b/ The management apparatus of a prison consists of wardens, deputy wardens, heads and deputy heads of prison camps, team leaders and deputy leaders; officers, professional army men and non-commissioned officers; soldiers or policemen, and workers.

Wardens, deputy wardens, heads and deputy heads of prison camps, team leaders and deputy leaders must possess a university or higher degree in public security, security or law and satisfy other criteria as prescribed.

5. The Government shall detail Clause 4 of this Article.

Article 18.Tasks and powers of detention camps in the execution of criminal judgments

1. To directly carry out the management, incarceration, education and reformation of inmates serving their sentences in detention camps in accordance with this Law.

2. To make files to propose competent agencies to consider and decide on the reduction of the imprisonment sentence serving period, suspension of the serving of imprisonment sentences and conditional early release for inmates.

3. To issue certificate of completion of the serving of imprisonment sentence and certificate of conditional early release for inmates who have served their imprisonment sentences in detention camps of the Ministry of Public Security or Ministry of National Defense.

4. To perform other tasks and exercise other powers in accordance with this Law.

Article 19.Tasks and powers of commune-level People’s Committees in the execution of criminal judgments

1. Commune-level People’s Committees have the tasks and powers of supervising and educating persons entitled to suspended sentences, serving sentences of non-custodial reform, residence ban, prohibition from holding certain positions, practicing certain professions or doing certain jobs, and deprivation of certain civic rights; manage persons who are entitled to postponement or suspension of the serving of their imprisonment sentences and conditionally released persons; control and educate persons serving probation sentences.

2. Public Security offices of communes, wards and townships (below referred to as commune-level Public Security offices) shall advise and assist commune-level People’s Committees in performing the tasks and exercising the powers specified in Clause 1 of this Article.

3. For districts having no commune-level administrative units, criminal judgment execution agencies of district-level Divisions of Public Security shall perform the tasks and exercise the powers specified in Clause 1 of this Article.

Article 20.Tasks and powers of army units in the execution of criminal judgments

Army units have the tasks and powers of supervising and educating persons entitled to suspended sentences, serving sentences of non-custodial reform, prohibition from holding certain positions, practicing certain professions or doing certain jobs, and deprivation of certain civic rights; and manage persons who are entitled to postponement or suspension of the serving of their imprisonment sentences and conditionally released persons.

Article 21.Tasks and powers of courts in the execution of criminal judgments

1. To issue judgment execution decisions; to decide to set up councils for execution of death sentences.

2. To issue or cancel decisions to postpone or suspend the serving of imprisonment sentences and decisions on conditional early release; decisions on termination of the execution of judgments; decisions to exonerate from or reduce the sentence serving period; decisions to coerce persons entitled to suspended sentences to serve their imprisonment sentences; decisions to extend the time limit for expulsion; decisions to reduce the probation period for persons entitled to suspended sentences and for conditionally released persons.

3. To consider and permit the receipt of corpses of executed persons.

4. To send judgments and rulings to be executed and decisions specified in Clauses 1 and 2 of this Article, and related documents to agencies, organizations and individuals in accordance with this Law.

5. To issue decisions to admit inmates who are Vietnamese citizens committing crimes and sentenced to imprisonment in foreign countries and are transferred to Vietnam for serving their sentences, and to transfer foreign inmates.

6. To issue decisions to solicit forensic psychiatric examination for inmates who show signs of suffering a mental disease or another disease that deprives them of their cognitive ability or behavioral control ability.

7. To implement the regime of making statistics and reports on the execution of criminal judgments according to their competence.

8. To perform other tasks and exercise other powers as prescribed by this Law.

Chapter III

EXECUTION OF IMPRISONMENT SENTENCES

Section 1

PROCEDURES FOR EXECUTION OF IMPRISONMENT SENTENCES AND REGIME OF MANAGEMENT OF INCARCERATION AND EDUCATION OF INMATES

Article 22.Decisions to execute imprisonment sentences

1. An imprisonment sentence execution decision must clearly state the full name and position of the issuer; the judgment or ruling to be executed; name of the agency responsible for executing the decision; full name, date of birth and place of residence of the sentenced person; the period of serving the imprisonment sentence and period of serving additional penalty(ies). In case the sentenced person is out on bail, the decision must clearly state that, within 7 days after receiving the decision, the sentenced person shall be present at the criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she resides or at the criminal judgment execution agency of the military zone where he/she works.

2. Within 3 working days after issuing a decision to execute an imprisonment sentence, the court shall send the decision to:

a/ The sentenced person or his/her representative, in case he/she is a minor;

b/ The same-level procuracy;

c/ The criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone;

d/ The detention camp where the sentenced person is held or the criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she is temporarily detained in a custody house or is out on bail;

dd/ The provincial-level Department of Justice of the locality where the decision-issuing court is based;

e/ The Ministry of Foreign Affairs in case the sentenced person is a foreigner.

Article 23.Execution of decisions to execute imprisonment sentences

1. In case the person sentenced to imprisonment is currently in detention, within 3 working days after receiving the judgment execution decision, the detention camp of the provincial-level Department of Public Security or the criminal judgment execution agency of the district-level Division of Public Security of the locality where the sentenced person is currently in detention shall serve the judgment execution decision to such person and report it to the criminal judgment execution agency of the provincial-level Department of Public Security. Within 5 working days after receiving the report, the criminal judgment execution agency of the provincial-level Department of Public Security shall complete the file and make a list of persons serving imprisonment sentences for reporting to the Criminal Judgment Execution Management Agency of the Ministry of Public Security. In case the person sentenced to imprisonment is currently held in a detention camp of the Ministry of Public Security, this detention camp shall serve the judgment execution decision to such person, complete the file and report it to the Criminal Judgment Execution Management Agency of the Ministry of Public Security. In case the sentenced person is serving an another sentence for another crime, the prison shall serve the decision to execute a new sentence to him/her.

Within 5 working days after receiving the report of the criminal judgment execution agency of the provincial-level Department of Public Security or detention camp of the Ministry of Public Security, the Criminal Judgment Execution Management Agency of the Ministry of Public Security shall issue a decision to send the sentenced person to serve his/her sentence.

2. In case the person sentenced to imprisonment is currently held in a detention camp of a military zone, within 3 working days after receiving the judgment execution decision, the detention camp shall serve the judgment execution decision to such person and report it to the criminal judgment execution agency of the military zone. Within 5 working days after receiving the report, the criminal judgment execution agency of the military zone shall complete the file and make a list of persons serving imprisonment sentences for reporting to the Criminal Judgment Execution Management Agency of the Ministry of National Defense. In case the person sentenced to imprisonment is currently held in a detention camp of the Ministry of National Defense, this detention camp shall serve the judgment execution decision to him/her, complete the file and report it to the Criminal Judgment Execution Management Agency of the Ministry of National Defense. In case the sentenced person is serving another sentence for another crime, the prison shall serve the decision to execute a new sentence to him/her.

Within 5 working days after receiving the report of the criminal judgment execution agency of the military zone or detention camp of the Ministry of National Defense, the Criminal Judgment Execution Management Agency of the Ministry of National Defense shall issue a decision to send the sentenced person to serve the sentence.

3. Pending transfer to a place for serving his/her imprisonment sentence, the sentenced person is entitled to the regime applicable to inmates.

4. If the person sentenced to imprisonment is out on bail, within 7 days after receiving the judgment execution decision, he/she shall be present at the office of the criminal judgment execution agency of the district-level Division of Public Security or of the military zone indicated in the decision. Past this time limit, if he/she fails to do so, the criminal judgment execution and judicial assistance police or judicial assistance guards shall escort him/her to serve his/her sentence.

In case the person sentenced to imprisonment absconds as he/she is out on bail, the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall issue a pursuit warrant and organize the pursuit; in  case such person shows signs of suffering a mental disease or another disease which deprives him/her of his/her cognitive ability or behavioral control ability, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall solicit expert examination; in case examination results confirm that such person suffers a mental disease or another disease which deprives him/her of his/her cognitive ability or behavioral control ability, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall propose the court that has issued the judgment execution decision to decide on the application of the judicial measure of compulsory medical treatment to such person.

In case the person sentenced to imprisonment dies as he/she is out on bail, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall report it to the court that has issued the judgment execution decision for issuing a decision on judgment execution termination.

Article 24.Procedures for postponement of the serving of imprisonment sentences

1. For a person sentenced to imprisonment who is out on bail, the chief justice of the court that has issued the judgment execution decision may, at his/her own initiative or at the written request of the sentenced person or same-level procuracy, criminal judgment execution agency of the district-level Division of Public Security of the locality where such person resides, or of the criminal judgment execution agency of the military zone where such person works, issue a decision to postpone the serving of the imprisonment sentence. Such request shall be addressed to the court that has issued the judgment execution decision and enclosed with relevant papers.

2. Within 7 days after receiving a written request for postponement of the serving of an imprisonment sentence, the chief justice of the court that has issued the judgment execution decision shall consider it and make decision. In case of refusing the postponement request, the chief justice shall issue a written reply to the requesting person or agency and notify it to the same-level procuracy, clearly stating the reason for refusal.

3. Within 3 working days after issuing a decision to postpone the serving of an imprisonment sentence, the court shall send such decision to:

a/ The sentenced person or his/her representative in case he/she is a minor;

b/ The same-level procuracy;

c/ The criminal judgment execution agency of the district-level Division of Public Security of the locality or of the military zone where the sentenced person resides or works;

d/ The provincial-level Department of Justice of the locality where the decision-issuing court is based.

dd/ The Ministry of Foreign Affairs in case the sentenced person is a foreigner.

Article 25.Execution of decisions to postpone the serving of imprisonment sentences

1. Upon receiving a court decision to postpone the serving of an imprisonment sentence, the criminal judgment execution agency of the district-level Division of Public Security or of a military zone shall cease carrying out procedures for sending the sentenced person to serve his/her sentence, send a copy of the decision to the commune-level People’s Committee of the locality where the sentenced person resides or to the army unit assigned to manage him/her, and make a file of execution of the postponement decision.

2. Within 3 working days after receiving a decision on postponement of the serving of an imprisonment sentence, the criminal judgment execution agency of the district-level Division of Public Security or of a military zone shall summon the postponement-entitled person to the commune-level People’s Committee of the locality where he/she resides or to the army unit that manages him/her, where he/she shall be notified of the decision and asked to make a written commitment on law observance. The postponement-entitled person shall be present according to the summons, unless there is aforce majeureevent or an external obstacle. In case he/she refuses to make such a commitment, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall make a report thereon and notify it to the court that has issued the postponement decision for handling according to its competence.

In case the postponement-entitled person fails to show himself/herself up as summoned, the criminal judgment execution agency of the district-level Division of Public Security or of a military zone shall coordinate with the commune-level People’s Committee or army unit in verifying the reason and ask him/her to come to the office of the commune-level People’s Committee or army unit in order to be notified of the postponement decision and make a law observance commitment.

In case the postponement-entitled person is receiving medical treatment for a serious disease at a hospital or at home and unable to be present as summoned, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall coordinate with the commune-level People’s Committee or army unit and the hospital providing the medical treatment or the family of such person for carrying out the notification and commitment procedures.

3. Within 3 working days after receiving a copy of the decision on imprisonment sentence serving postponement, the commune-level People’s Committee or army unit assigned to manage the person allowed to postpone the serving of his/her sentence shall make a file for management of such person.

The commune-level People’s Committee or army unit assigned to manage the postponement-entitled person shall report once every month on the management of such person to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone.

The the postponement-entitled person may not leave his/her place of residence during the postponement period without the permission of the commune-level People’s Committee or army unit assigned to manage him/her, and shall be present whenever being summoned by the latter.

The change of the place of residence or workplace of the postponement-entitled person must comply with Article 68 of this Law.

In case the the postponement-entitled person is receiving medical treatment for a serious disease at a hospital outside his/her place of residence, the commune-level People’s Committee or army unit shall coordinate with his/her family in managing him/her.

4. While postponing the serving of his/her imprisonment sentence, if a sentenced person commits a new crime, absconds or commits an illegal act that adversely affects the security or social order and safety, the commune-level People’s Committee or army unit assigned to manage him/her shall report it to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for requesting the chief justice of a competent court to consider and issue a decision to cancel the postponement decision.

Within 3 working days after issuing a decision to cancel the postponement decision, the court shall send such decision to the individuals and agencies specified in Clause 3, Article 24 of this Law. Immediately after obtaining the court’s decision, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall organize the judgment execution.

In case the postponement-entitled person absconds, the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall issue a pursuit warrant and organize the pursuit.

5. If a sentenced person dies while being allowed to postpone the serving of his/her imprisonment sentence, the commune-level People’s Committee or the army unit assigned to manage him/her shall report his/her death to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for notification to the court that has issued the postponement decision for issuing a judgment execution termination decision and carrying out necessary procedures.

6. At least 7 days before the expiration of the period of postponement of the serving of an imprisonment sentence, the chief justice of the court that has issued the postponement decision shall immediately send a written notice of expiration of the postponement period to the individuals and agencies specified in Clause 3, Article 24 of this Law. Seven days after the postponement period expires, if the postponement-entitled person fails to show up at the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for serving his/her sentence, the head of the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall issue a decision to escort him/her for judgment execution, except in case offorce majeureevents or external obstacles.

7. For a person allowed to postpone the serving of his/her imprisonment sentence for suffering a serious disease, if deeming that he/she shows signs of recovery but still shirks the serving of his/her sentence on the grounds of health or that he/she shows signs of suffering a mental disease or another disease that deprives him/her of his/her cognitive ability or behavioral control ability, the criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she resides, or the criminal judgment execution agency of the military zone where the army unit assigned to manage him/her is based shall solicit medical examination from a hospital of provincial or military zone or higher level or forensic psychiatric examination from a competent forensic psychiatric examination organization.

In case examination results confirm that the person allowed to postpone the serving of his/her sentence has recovered in health, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall send him/her to the place where he/she shall serve his/her sentence and notify it to the court that has issued the postponement decision.

In case examination results confirm that such person suffers a mental disease or another disease which deprives him/her of his/her cognitive ability or behavioral control ability, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall request the chief justice of the court that has issued the judgment execution decision to issue a decision to cancel the postponement decision and to apply the judicial measure of compulsory medical treatment.

Examination expenses shall be paid by the examination-soliciting agency.

Article 26.Files of sending of sentenced persons to serve their imprisonment sentences

1. A file of sending of a sentenced person to the place where he/she shall serve his/her imprisonment sentence must comprise:

a/ The legally effective court judgment or ruling; in case of appellate, cassation or reopening trial, the first-instance judgment is also required;

b/ The imprisonment sentence execution decision;

c/ The decision of the Criminal Judgment Execution Management Agency to send the sentenced person to a prison or detention camp or criminal judgment execution agency of a district-level Division of Public Security;

d/ The personal identification record of the sentenced person;

dd/ A copy of the passport or paper evidencing the citizenship of the sentenced person who is a foreigner;

e/ The health certificate and other documents related to the health of the sentenced person;

g/ A remark sheet on the observance of internal regulations of the detention camp or custody house, for sentenced persons held in detention;

h/ Other relevant documents.

2. For a child coming to live together with the sentenced mother in the prison, his/her birth certificate is required. If there is no birth certificate, there must be a birth certification paper issued by the health center where the child was born or a witness document if the child was born outside a health center. If such a paper is unavailable, there must be a written report of the criminal judgment execution agency of the district-level Division of Public Security or detention camp that transfers the sentenced person to the prison for serving her sentence, enclosed with the mother’s pledge on the birth. The prison shall organize the birth registration for children living together with their mothers in the prison in accordance with the law on civil status registration and management.

3. The Criminal Judgment Execution Management Agency of the Ministry of Public Security, Criminal Judgment Execution Management Agency of the Ministry of National Defense, or criminal judgment execution agencies of provincial-level Departments of Public Security, district-level Divisions of Public Security and military zones shall prepare complete files as prescribed in Clause 1 of this Article and organize the delivery of sentenced persons and their files to prisons, detention camps or criminal judgment execution agencies of district-level Divisions of Public Security designated for judgment execution.

Article 27.Rights and obligations of inmates

1. Inmates have the following rights:

a/ To have their life, health and property protected and their honor and dignity respected; to be informed of their rights and obligations and of internal regulations of incarceration facilities;

b/ To be entitled to the regime of meal, accommodations, clothing, personal articles and medical care as prescribed; to send and receive letters, receive presents and money; to read books, newspapers, listen to the radio and watch television if conditions of places of sentence serving permit;

c/ To participate in physical training and sports, cultural and art activities;

d/ To work and learn literacy skills and job skills;

dd/ To meet and contact their relatives, representatives of agencies, and organizations or individuals; for foreign inmates, to have consular visits and contacts;

e/ To conduct civil transactions by themselves or through their representatives in accordance with law;

g/ To have the right to complain and denounce guaranteed; to request special amnesty consideration and compensation for damage in accordance with law;

h/ To be covered by voluntary social insurance and enjoy social insurance benefits and policies as prescribed by law;

i/ To use prayer books and express beliefs and religions in accordance with law;

k/ To be commended for making achievements in the process of serving their criminal sentences.

2. Inmates have the following obligations:

a/ To abide by legally effective court judgments and rulings, and decisions of criminal judgment management agencies or criminal judgment execution agencies in the course of execution of criminal judgments and other decisions of competent state agencies;

b/ To observe internal regulations of incarceration facilities and emulation norms for the serving of sentences;

c/ To obey requests, orders and instructions of incarceration facilities’ officers;

d/ To work and learn literacy skills and job skills under regulations;

dd/ To pay compensation if damaging, losing or destroying property of others.

3. Inmates have other rights and obligations prescribed by this Law.

Article 28.Admission of persons sentenced to imprisonment

1. Prisons, detention camps or criminal judgment execution agencies of district-level Divisions of Public Security designated for judgment execution shall receive persons sentenced to imprisonment with complete files as prescribed in Clause 1, Article 26 of this Law.

2. Upon admitting a person for serving his/her imprisonment sentence, a prison, detention camp or criminal judgment execution agency of a district-level Division of Public Security shall:

a/ Check information to ensure the right person according to the court’s judgment execution decision;

b/ Make a written record of the delivery and receipt of the person for serving his/her imprisonment sentence; and a written record of handover of his/her file and documents;

c/ Inspect the sentenced person; check and handle his/her belongings before leading him/her to the prison cell;

d/ Organize a health check for the sentenced person and under-36-months children living together with their mothers in the prison, if any;

dd/ Explain the rights and obligations of inmates and notify the incarceration facility’s internal regulations.

3. The admitting agency shall inform inmates of the following regulations for compliance:

a/ Inmates may take into the prison cell articles as permitted; if having unused personal possessions, cash, valuable papers, electronic payment cards, gold, silver, gem and precious metals, inmates shall deposit them with the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security for management. If inmates wish to send cash and personal possessions to a relative or representative at their own expenses, the prison or detention camp or criminal judgment execution agency of the district-level Division of Public Security shall send them to his/her relative or representative or hand them over directly to such person at the place where they serve their sentences;

b/ Inmates may not use cash and valuable papers in places where they serve their sentences. Inmates may buy food, foodstuffs and other articles to meet their daily needs in places where they serve their sentences in the form of making book entries;

c/ Inmates may not bring into places where they serve their sentences articles on the ban list issued by the Minister of Public Security or Minister of National Defense.

4. Within 5 working days after admitting a person for serving his/her sentence, a prison or detention camp or criminal judgment execution agency of a district-level Division of Public Security shall notify it to the court that has issued the judgment execution decision and to relatives of such person, and report it to the Criminal Judgment Execution Management Agency.

Article 29.Files of inmates

1. Files and documents specified in Clauses 1 and 2, Article 26 of this Law.

2. Written record of delivery and receipt of the person serving the imprisonment sentence; written record of handover of files and documents; written record of delivery and receipt of cash and other possessions of the person serving the imprisonment sentence for deposit or delivery to his/her relatives or representatives for management; decision on and written record of handling of articles on the ban list (if any).

3. Documents showing results of observance of the regulations on execution of imprisonment sentences; documents on health, medical examination and treatment; documents related to the exercise of rights and performance of obligations by the imprisoned person during the sentence serving period; documents on performance of civil obligations; written records of and decisions on disciplining for violations of internal regulations of incarceration facilities, the law on execution of imprisonment sentences, documents related to the settlement of complaints, denunciations, requests and proposals of sentenced persons, and documents on consular visits and contacts (if any).

4. Other relevant documents in the course of serving sentences.

Article 30.Incarceration of inmates

1. A prison shall organize inmate incarceration as follows:

a/ Incarceration sections for inmates serving sentences of over 15 years’ imprisonment or life imprisonment and inmates committing dangerous recidivism;

b/ Incarceration sections for inmates serving sentences of 15 years or shorter in the prison; inmates serving sentences of over 15 years’ imprisonment which have been reduced and having the remaining imprisonment term of under 15 years; inmates committing dangerous recidivism and having served half of their imprisonment sentences and been granted a reduction in their imprisonment term;

c/ Disciplinary chambers for disciplined inmates.

2. In the incarceration sections specified in Clause 1 of this Article, the following inmates shall be held separately:

a/ Female inmates;

b/ Minor inmates;

c/ Foreign inmates;

d/ Inmates suffering a group-A infectious disease as prescribed in the Law on Prevention and Control of Infectious Diseases;

dd/ Inmates showing signs of suffering a mental disease or another disease that deprives them of the cognitive ability or behavioral control ability pending a court ruling;

e/ Female inmates with their children aged under 36 months living together with them in the prison.

g/ Inmates who repeatedly violate internal regulations of the incarceration facility.

3. Inmates who are lesbian, gay or transgender persons or have unknown gender may be held separately.

4. In a detention camp, the inmates specified at Points a and g, Clause 2 of this Article shall be separately held.

5. Inmates shall be divided into teams and groups for working, learning and other activities. Depending on characteristics of crimes, penalty levels and personal characteristics of inmates and their sentence serving records, wardens of prisons or detention camps shall decide on the classification and transfer of inmates between incarceration sections.

Article 31.Regimes of learning and job training for inmates

1. Inmates are entitled to learn legal knowledge, civil education, literacy skills and job skills. Illiterate inmates shall learn how to read and write. Foreign inmates are encouraged to learn Vietnamese. Inmates may have 1 day per week for learning and job training, except Sundays and public holidays as prescribed by law.

2. Based on inmate management, education and reformation requirements and sentence serving periods of inmates, prisons and detention camps shall organize learning for them. Based on practical conditions, criminal judgment execution agencies of district-level Divisions of Public Security shall organize literacy skills teaching for inmates.

3. The learning and job training programs and contents for inmates shall be prescribed by the Government.

Article 32.Working activities of inmates

1. Working activities of inmates shall be organized to suit their age and health and meet management, education and community integration requirements. Inmates shall work under the supervision and management by their prisons or detention camps. They shall work for no more than 8 hours a day and 5 days a week except Sundays and public holidays as prescribed by law. In unexpected cases or for seasonal reasons, prison wardens may ask inmates to work overtime but not exceeding the total number of overtime hours prescribed by the labor law. Inmates working overtime or on public holidays are entitled to offsetting days off or allowances in cash or kind.

Prisons shall take all necessary measures to ensure occupational safety and health for inmates.

2. Female inmates shall be assigned to perform jobs suitable to their gender. It is prohibited to assign them to perform jobs on the list of jobs banned from employment of female workers in accordance with the labor law.

3. Inmates suffering a disease or physical or mental defects are entitled to exoneration from working activities or reduction of working hours, depending on the degree and nature of their disease and according to instructions of health centers of their prisons or detention camps.

4. Inmates are not required to work if;

a/ They suffer a disease and are not physically fit to work as certified by the prison’s health center;

b/ They are receiving medical treatment at a medical establishment;

c/ They are female inmates having their children aged under 36 months living together with them in the prison and suffering an illness as certified by the prison’s health center;

d/ They are female inmates taking prenatal and postnatal leaves as prescribed by the labor law.

Article 33.Organization of working activities of inmates

1. Based on age, health, gender, length of sentences, nature and severity of criminal acts of inmates; land conditions, natural resources, trades and occupations, equipment, tools, supplies and funding sources under the management of prisons and other specific conditions of prisons; and the possibility of cooperation with organizations and individuals for organization of working activities for inmates, prison wardens shall make annual plans on organization of working activities for inmates and send them to the Criminal Judgment Execution Management Agency of the Ministry of Public Security or Ministry of National Defense for approval.

2. An annual plan on organization of working activities for inmates must have the following principal contents:

a/ Total number of inmates and number of inmates qualified for working as prescribed by law;

b/ Expected expenses for working activities; depreciation of fixed assets;

c/ Expected working fruits of inmates; difference between revenues from and expenses for the organization of working activities of inmates;

d/ Expected or proposed use of working fruits of inmates.

3. Prisons shall organize working activities of inmates under plans approved by the competent authority in accordance with Clause 1 of this Article.

4. The Government shall detail this Article.

Article 34.Use of working fruits of inmates

1. Working fruits of inmates, after deducting reasonable costs, shall be used for:

a/ Supplementing food rations for inmates;

b/ Setting aside a community integration fund to support inmates after completely serving their imprisonment sentences;

c/ Supplementing the prison’s welfare and reward funds;

d/ Re-investing in the organization of working activities, education and job training for inmates; improving job skills for inmates who are about to completely serve their imprisonment sentences;

dd/ Paying part of remuneration for working inmates; providing support for inmates having labor accidents.

2. Inmates may spend under regulations monetary rewards specified at Point c, Clause 1 of this Article and money received under Point dd, Clause 1 of this Article or deposit them at their prisons for safekeeping and receive them back upon completely serving their imprisonment sentences.

3. The collection and spending of money generated from working and job learning activities of inmates are prescribed as follows:

a/ The prison shall open account books and record and account all arising revenues and expenses and make financial statements according to the non-business administrative accounting regime. All revenues and expenses arising from working and job training activities of inmates shall be fully reflected in the prison’s account books;

b/ The prison shall include all expenses specified in Clause 1 of this Article in product costs;

c/ A report on revenues from and expenditures for working activities of inmates in the prison is a general report on figures, status and results of revenues and expenses arising from the organization of working activities of inmates. Prison wardens shall make such general reports together with detailed explanations on revenues from and expenses for working activities of inmates and send them to the Criminal Judgment Execution Management Agency of the Ministry of Public Security or Ministry of National Defense;

d/ The Criminal Judgment Execution Management Agency of the Ministry of Public Security or Ministry of National Defense shall appraise and approve reports on revenues from and expenses for working activities of inmates and report them to the financial management agency of the Ministry of Public Security or Ministry of National Defense for inclusion in the annual budget finalization report of the Ministry of Public Security or Ministry of National Defense in accordance with law.

4. The Government shall detail this Article.

Article 35.Classification of serving of imprisonment sentences

1. In the imprisonment sentence serving period, inmates shall be remarked and rated on a weekly, monthly, quarterly, biannual and annual basis. Remarks and ratings must be objective, fair, public, democratic and continuous.

2. Based on results of satisfaction of emulation criteria in the serving of imprisonment sentences, observance of the internal regulations of incarceration facilities, and learning and working activities and remediation of consequences caused by criminal acts of inmates, the remarking, rating and classification of serving of imprisonment sentences shall be carried out for inmates according to the levels: good, fair, average and poor.

3. Results of quarterly, biannual and annual classification of the serving of imprisonment sentences shall be recorded in writing and inserted in inmate files. Inmates who record a merit shall have their classification level raised.

4. The Government shall detail this Article.

Article 36.Procedures for requesting suspension of the serving of imprisonment sentences

1. The following entities have the competence to request suspension of the serving of imprisonment sentences:

a/ Prisons and detention camps of the Ministry of Public Security and Ministry of National Defense;

b/ Criminal judgment execution agencies of provincial-level Departments of Public Security and of military zones;

c/ Provincial-level people’s procuracies and military procuracies of military zones.

2. Competent agencies in localities where inmates are serving their sentences referred to in Clause 1 of this Article shall make files to request suspension of the serving of imprisonment sentences and send them to competent courts for consideration and decision.

3. Within 7 days after receiving files of request, chief justices of provincial-level courts of localities or chief justices of military courts of military zones where inmates are serving imprisonment sentences shall consider these files and make decision. In case of disapproving the suspension of the serving of imprisonment sentences, chief justices shall notify such in writing to same-level procuracies and agencies requesting the suspension, clearly stating the reason for disapproval.

4. Suspension of the serving of an imprisonment sentence for trial according to cassation or reopening procedures shall be decided by persons who have filed protests.

Article 37.Execution of decisions to suspend the serving of imprisonment sentences

1. Immediately after issuing a decision to suspend the serving of an imprisonment sentence, the court shall send this decision to:

a/ The suspension-entitled person and his/her representative in case the former is a minor;

b/ The agency requesting the suspension, the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security of the locality where the person concerned is serving his/her imprisonment sentence;

c/ The criminal judgment execution agency of the district-level Division of Public Security or commune-level People’s Committee of the locality where the suspension-entitled person comes to reside or the army unit assigned to manage such person;

d/ The same-level procuracy;

dd/ The court that has issued the judgment execution decision;

e/ The provincial-level Department of Justice of the locality where the decision-issuing court is based.

g/ The Ministry of Foreign Affairs in case the suspension-entitled person is a foreigner.

2. If the chief procurator of a procuracy issues a decision to suspend the serving of an imprisonment sentence, this decision shall be sent to the provincial-level Department of Justice of the locality where the procuracy is based and to the individuals and agencies specified at Points a, b, c, dd and g, Clause 1 of this Article.

3. The prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security directly managing the person entitled to suspension of the serving of his/her imprisonment sentence shall deliver him/her to the commune-level People’s Committee of the locality where he/she comes to reside or to the army unit assigned to manage him/her; his/her relatives are obliged to receive him/her.

In case the suspension-entitled person is seriously ill and undergoing medical treatment at a hospital, the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security shall deliver him/her to his/her relatives at the hospital, make a written record of delivery, notify and send such record to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone. The criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she comes to reside or military zone-level criminal judgment execution agency assigned to manage him/her shall coordinate with his/her relatives in monitoring and managing him/her during the period of medical treatment at the hospital. If he/she has been discharged from the hospital, the criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she comes to reside or military zone-level criminal judgment execution agency assigned to manage him/her shall deliver him/her to the commune-level People’s Committee of the locality where he/she comes to reside or the army unit assigned to manage him/her.

4. Within 3 working days after receiving a decision on suspension of the serving of an imprisonment sentence, a criminal judgment execution agency of the district-level Division of Public Security of the locality or of the military zone where the suspension-entitled person comes to reside shall compile a file of execution of such decision.

Within 3 working days after receiving the suspension-entitled person or after receiving a written record of delivery of such person, the commune-level People’s Committee of the locality where he/she comes to reside or the army unit assigned to manage him/her shall make a file for management of such person.

During the suspension period, the suspension-entitled person  may not leave his/her place of residence without permission of the commune-level People’s Committee of the locality where he/she resides or army unit assigned to manage him/her; shall report on his/her law observance at the request of the commune-level People’s Committee of the locality where he/she resides or army unit assigned to manage him/her; and shall voluntarily report himself/herself to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone when the suspension period expires or his/her health recovers in order to continue serving his/her imprisonment sentence.

The commune-level People’s Committee of the locality where the suspension-entitled person resides or army unit assigned to manage him/her shall monitor and supervise him/her, consider and permit him/her to leave his/her place of residence or workplace; summon to request him/her to report his/her law observance during the suspension period; and report on a monthly basis to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone on the management of such person.

5. The resumption of the serving of an imprisonment sentence by a person entitled to suspension of such serving is as follows:

a/ At least 7 days before the expiration of the suspension period, the chief justice of the court that has decided on the suspension shall immediately send a written notice thereof to the individuals and agencies specified in Clause 1 of this Article. Past 7 days from the expiration of the suspension period, should the suspension-entitled person not show up at the criminal judgment execution agency of the district-level Division of Public Security or of the military zone to continue serving his/her imprisonment sentence, the head of such agency shall issue a decision to escort him/her to serve his/her sentence, except where it is impossible to do so due to aforce majeureevent or an external obstacle;

b/ For a person entitled to suspension of the serving of his/her imprisonment sentence on account of a serious disease whose health shows a sign of recovery but who still takes the excuse of illness to shirk the serving of his/her sentence, or who appears to be mentally ill or gets another disease which renders him/her unable to cognize or control his/her acts, the criminal judgment execution agency of the provincial-level Division of Public Security of the locality where he/she resides or the criminal judgment execution agency of the military zone where the army unit assigned to manage him/her is based shall seek medical examination at a provincial-level, military zone-level or higher-level hospital or forensic psychiatric examination at a competent forensic psychiatric examination institution.

If examination results show that his/her health has recovered, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall take him/her to the place for serving his/her imprisonment sentence and notify such to the court that has issued the suspension decision.

If examination results show that he/she is mentally ill or gets another disease which renders him/her unable to cognize or control his/her acts, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall request the court that has issued the judgment execution decision to issue a decision to cancel the suspension decision and apply the judicial measure of compulsory medical treatment.

Examination expenses shall be paid the agency seeking the examination.

6. During the suspension period, if a person entitled to suspension of the serving of his/her imprisonment sentence absconds or commits a new crime or violation which badly impacts the security and social order and safety, the commune-level People’s Committee of the locality where he/she resides or the army unit assigned to manage him/her shall notify such to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for further notification to the court that has issued the suspension decision. Within 3 working days after receiving the notice, the court that has issued the suspension decision shall consider and issue a decision to cancel the suspension decision and send it to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone and the same-level procuracy.

If the suspension-entitled person absconds, the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall issue a pursuit warrant and organize the pursuit.

7. If a person entitled to suspension of the serving of his/her imprisonment sentence dies, the commune-level People’s Committee of the locality where he/she resides or the army unit assigned to manage him/her shall report such to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for further notification to the court that has issued the suspension decision and the court that has issued the judgment execution decision. In case he/she dies while undergoing the medical treatment at a hospital specified in Clause 3 of this Article, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall notify his/her death to the court that has issued the suspension decision, the court that has issued the judgment execution decision, and the same-level procuracy.

Within 3 working days after receiving the notice, the court that has issued the judgment execution decision shall issue a decision to terminate the judgment execution and send it to the agencies specified at Points b, c, d, e and g, Clause 1 of this Article and to the court that has issued the suspension decision.

Article 38.Procedures for reduction of the period of serving imprisonment sentences

1. Competent agencies specified at Points a and b, Clause 1, Article 36 of this Law may request reduction of the period of serving imprisonment sentences.

2. Agencies competent to request reduction of the period of serving imprisonment sentences shall compile files and send them to provincial-level people’s courts of localities and military courts of military zones where inmates are serving their sentences for consideration and decision and concurrently to procuracies at the same level with such courts. Such a file must comprise:

a/ A copy of the judgment; for consideration of reduction of the sentence from the second time on, a copy of the judgment execution decision is required instead;

b/ A written request of the competent agency for the reduction of the period of serving the imprisonment sentence;

c/ Quarterly, biannual and annual assessment results of the serving of the imprisonment sentence; commendation decision or certificate of the inmate’s merits issued by a competent agency;

d/ The conclusion of a provincial- or military zone- or higher-level hospital or medical examination council on the illness, for inmates suffering a dangerous disease, or a document evidencing old age and poor health of the inmate;

dd/ A copy of the decision to reduce the period of serving the imprisonment sentence, for inmates who have been granted a reduction;

e/ A document evidencing results of the payment of compensations for the civil liability of the inmate whose imprisonment sentence-serving period is requested to be reduced.

3. Within 15 days after receiving a file of request for reduction of the period of serving an imprisonment sentence, the chief justice of the provincial-level people’s court or the military court of the military zone where the inmate is serving his/her sentence shall set up a council and hold a meeting to consider and decide on reduction of the period of serving the imprisonment sentence. Such council shall be composed of 3 judges. Such meeting shall be attended by a procurator of the same-level procuracy. In case the file needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented file.

4. Within 3 working days after issuing a decision to reduce the period of serving an imprisonment sentence, the court shall send such decision to the sentenced person, reduction-requesting agency, same-level procuracy, immediate superior procuracy, court that has issued the judgment execution decision and provincial-level Department of Justice of the locality where the court having issued the decision to reduce the period of serving the imprisonment sentence is based, and the Ministry of Foreign Affairs in case the reduction-entitled person is a foreigner.

5. The consideration of reduction of the period of serving an imprisonment sentence shall be carried out 3 times a year. A sentenced person may be considered for reduction of the period of serving his/her sentence only once a year. If after having his/her sentence-serving period reduced, such a person still has a reason for enjoying another sentence reduction, such as having made a merit or being too old and having poor health or suffering a serious illness, he/she may be considered for another sentence reduction for no more than twice a year.

Article 39.Procedures for exemption from the serving of imprisonment sentences

1. A provincial-level people’s procuracy or military zone-level military procuracy of the locality where a person serving an imprisonment sentence resides or works shall compile a file to request the provincial-level people’s court or military court of the military zone to consider exempting him/her from serving his/her imprisonment sentence. Such file must comprise:

a/ A copy of the legally effective judgment or court ruling;

b/ A written request of the chief procurator of the competent procuracy;

c/ The convict’s petition for exemption from serving the imprisonment sentence;

d/ The convict’s statement on the merit or great merit he/she has made, certified by a competent agency, for those who have recorded merits or great merits; or the conclusion of a provincial- or military zone- or higher-level hospital or medical examination council on the illness of the convict, for those suffering a serious illness; or the local administration’s certification of the particularly difficult family circumstances of the convict.

2. Within 15 days after receiving a file of request, the chief justice of the competent court shall set up a council and hold a meeting to consider the request and decide on exemption from serving the imprisonment sentence. Such council shall be composed of 3 judges. Such meeting shall be attended by a procurator of the same-level procuracy. In case a file needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented file.

3. Within 3 working days after issuing a decision on exemption from the serving of an imprisonment sentence, the court shall send such decision to the sentenced person, exemption-requesting procuracy, immediate superior procuracy, same-level criminal judgment execution agency, court that has issued the judgment execution decision, commune-level People’s Committee of the locality where such person resides or the army unit managing him/her, provincial-level Department of Justice of the locality where the decision-issuing court is based, and the Ministry of Foreign Affairs in case the exemption-entitled person is a foreigner.

4. Immediately after receiving an exemption decision, the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security shall carry out procedures to set free the exemption-entitled person and report results to the criminal judgment execution management agency or superior criminal judgment execution agency.

Article 40.Transfer of inmates

1. A proceeding-conducting agency or person shall, when requiring transfer of an inmate, send a written request to the criminal judgment management agency, criminal judgment execution agency of the provincial-level Department of Public Security of the locality or criminal judgment execution agency of the military zone where such agency or person is based or works for requesting a competent person specified in Clause 2 of this Article to issue a transfer order. Upon receiving an inmate transfer request, the competent person shall issue a transfer order.

2. The competence to transfer inmates for serving investigation, prosecution or trial activities is as follows:

a/ The head of the Criminal Judgment Execution Management Agency of the Ministry of Public Security may issue transfer orders for inmates serving their sentences in prisons or detention camps of the Ministry of Public Security;

b/ The head of the Criminal Judgment Execution Management Agency of the Ministry of National Defense may issue transfer orders for inmates serving their sentences in prisons or detention camps of the Ministry of National Defense; heads of military zone-level criminal judgment execution agencies may issue transfer orders for inmates serving their sentences in prisons or detention camps of military zones;

c/ Heads of criminal judgment execution agencies of provincial-level Departments of Public Security may issue transfer orders for inmates serving their sentences in detention camps or for inmates directly managed by criminal judgment execution agencies of district-level Divisions of Public Security.

3. In case of transfer of inmates for serving incarceration management, education and reformation or medical examination and treatment or nursing of their children currently living with their mothers in prisons who need medical examination and treatment at medical establishments, wardens of prisons or detention camps or heads of criminal judgment execution agencies of district-level Divisions of Public Security shall issue transfer orders.

4. An inmate transfer order must have the following contents:

a/ Agency, full name, position and rank of the order issuer;

b/ Full name, date of birth, place of residence, date of arrest, crime, period and place of serving the imprisonment sentence of the inmate;

c/ Transfer purpose and period;

d/ Agency and person to receive the transferred inmate (if any);

dd/ Date of issuance of the order; signature and seal of the order issuer.

5. Wardens of prisons or detention camps or heads of criminal judgment execution agencies of district-level Divisions of Public Security shall check, deliver and make written records of delivery and receipt of transferred inmates. In case the transfer period is at least 2 months and equal to the remainder of the period of serving of the imprisonment sentence of a to-be-transferred inmate, the inmate shall be delivered together with his/her file, personal papers, belongings, money and other assets (if any) for the agency or person competent to receive him/her to grant a certificate of completion of serving the imprisonment sentence upon the expiration thereof and record it in a transfer monitoring book.

The criminal judgment execution agency of the provincial-level Department of Public Security or district-level Division of Public Security of the locality or of the military zone where the proceeding-conducting agency or person requesting the transfer is based shall receive, escort and manage the transferred inmate and his/her file during the transfer period.

6. In case a transferred inmate is taken out of the place where he/she is serving his/her sentence, the criminal judgment execution agency of a provincial-level Department of Public Security of a locality or of a military zone receiving such inmate shall ensure the meal, accommodations and living conditions for him/her in accordance with law during the transfer period. Pursuant to a transfer order, a detention camp or custody house in the locality where the investigation, prosecution or trial agency requesting the transfer is based shall manage the transferred inmate in accordance with law.

7. In case a transferred inmate is not taken out of the place where he/she is serving his/her imprisonment sentence, a prison or detention camp or the criminal judgment execution agency of a district-level Division of Public Security shall ensure the meal, accommodations and living conditions for and manage him/her when the agency or person having received him/her does not work with him/her.

8. Upon the expiration of a transfer period, an agency receiving a transferred inmate shall send a notice to the Criminal Judgment Execution Management Agency of the Ministry of Public Security or Ministry of National Defense and the criminal judgment execution agency of a provincial-level Department of Public Security or of a military zone and deliver the transferred inmate to a prison or detention camp or criminal judgment execution agency of a district-level Division of Public Security for further serving his/her sentence, except the case where the transfer period is equal to remainder of the period of serving the imprisonment sentence as mentioned in Clause 5 of this Article. If it is necessary to extend the transfer period, a request for the extension shall be made; the transfer period and extended transfer period must not exceed the remainder of the period of serving the imprisonment sentence of the transferred inmate.

9. Transfer period may be accounted into the period of serving an imprisonment sentence, except the case where the transferred inmate absconds during the transfer period.

The transfer does not affect the consideration of reduction of imprisonment sentence-serving period or conditional early release of inmates.

Article 41.Commendation of inmates

1. While serving his/her imprisonment sentence, an inmate who properly observes rules of the incarceration facility, makes achievements in work and study or records merits shall be commended and rewarded in one or more of the following forms:

a/ Praise;

b/ Reward in cash or in kind;

c/ Increase of the number of telephone conversations and meetings with relatives and number of receipt and quantities of presents.

2. Wardens of prisons or detention camps of the Ministry of Public Security or Ministry of National Defense, heads of criminal judgment execution agencies of provincial-level Departments of Public Security and heads of military zone-level criminal judgment execution agencies shall decide on commendation of inmates. Commendation shall be expressed in writing and recorded in files of inmates. Commended inmates may be considered for more reduction of the period of serving their imprisonment sentences in accordance with law.

Article 42.Handling of cases where inmates abscond

1. When an inmate absconds, the prison or detention camp, the criminal judgment execution agency of the provincial-level Department of Public Security or district-level Division of Public Security or of the military zone shall promptly organize pursuit for such inmate, report such to the criminal judgment execution management agency and notify such to a competent procuracy. Within 24 hours from the time of detecting that an inmate has absconded, if the pursuit is still in vain, the warden of the prison or detention camp of the Ministry of Public Security or Ministry of National Defense, the head of the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall issue a pursuit warrant and coordinate the pursuit.

Every case of absconding shall be recorded in writing and subject to deterrent measures, investigation and handling in accordance with the criminal procedure law.

2. When an absconding inmate turns himself/herself in, the agency receiving him/her shall make a written record and handle him/her according to its competence or deliver him/her to the nearest criminal judgment execution agency for handling in accordance with law.

Article 43.Handling of violating inmates

1. While serving his/her imprisonment sentence, an inmate violating rules of the incarceration facility or committing an illegal act shall, depending on the nature and severity of his/her violation, be disciplined in one of the following forms:

a/ Reprimand;

b/ Caution;

c/ Confinement to a disciplinary room for up to 10 days.

2. When confined to a disciplinary room, an inmate is not allowed to meet his/her relatives and may have his/her legs put in stocks. Putting legs in stocks is not applied to female, minor and old and weak inmates.

3. Wardens of prisons or detention camps or heads of criminal judgment execution agencies of district-level Divisions of Public Security shall issue decisions to discipline inmates and insert these decisions in their files.

4. If an inmate’s violation shows signs of a crime falling under the investigating power of the warden of the prison, such warden shall issue a decision to initiate a criminal case and carry out a number of investigation activities in accordance with law. If such violation does not fall under his/her investigating power, the warden shall notify it to an investigation body competent to initiate criminal cases as specified by law.

If a violation of an inmate currently held in a detention camp or custody house of a district-level Division of Public Security shows signs of a crime, the warden of the detention camp or head of the criminal judgment execution agency of the district-level Division of Public Security shall propose a competent investigation body to initiate a criminal case in accordance with law.

5. The Government shall detail this Article.

Article 44.Notification of situation of the serving of sentences; coordination with families of inmates, agencies, organizations and individuals in educating and reforming inmates

1. Prisons, detention camps and criminal judgment execution agencies of district-level Divisions of Public Security shall biannually notify the situation of the serving of sentences by inmates to their relatives.

2. Prisons, detention camps and criminal judgment execution agencies of district-level Divisions of Public Security shall coordinate with families of inmates, local administrations, agencies, organizations and individuals in paying attention to and encouraging inmates to actively learn, work and reform themselves in order to enjoy the State’s clemency; supporting education and job training activities for inmates and preparing necessary conditions for their community reintegration after they completely serve their imprisonment sentences.

Article 45.Community reintegration

1. Prisons, detention camps and criminal judgment execution agencies of district-level Divisions of Public Security shall prepare conditions for community reintegration of inmates before they completely serve their imprisonment sentences or enjoy amnesty or conditional early release. Activities of preparation for community reintegration include:

a/ Providing psychological counseling and support for completion of legal procedures;

b/ Providing vocational orientations and job placement services;

c/ Providing partial financial support from the fund for community integration of prisons.

2. Funds for community reintegration include:

a/ State budget allocations;

b/ Fund for community integration of prisons and other funds as provided by law;

c/ Voluntary contributions of agencies, organizations and individuals and other lawful sources.

3. The State shall encourage agencies, organizations, units and individuals to create conditions and help inmates who have completely served their imprisonment sentences or enjoy amnesty or conditional early release reintegrate themselves into the community with the following measures:

a/ Providing information and carrying out public communication and education about community reintegration;

b/ Providing vocational training and job placement services;

c/ Providing psychological aid and support in completing legal procedures;

d/ Other supportive measures.

4. The Government shall detail this Article.

Article 46.Release of inmates

1. Two months before the period of serving the imprisonment sentence of an inmate expires, the prison or detention camp of the Ministry of Public Security or Ministry of National Defense or the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall send a notice of release to the criminal judgment execution agency of the district-level Division of Public Security and commune-level People’s Committee of the locality and the agency or organization where such person will reside or work, and the Ministry of Foreign Affairs in case such person is a foreigner. Such a notice must state results of the serving of the imprisonment sentence, additional penalty(ies) which the inmate still has to serve, and other relevant information necessary for the consideration, arrangement and building of a normal life for him/her.

In case it is impossible to identify the place where an inmate who has completely served his/her imprisonment sentence will reside, the prison or detention camp of the Ministry of Public Security or Ministry of National Defense or the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall request the commune-level People’s Committee of the locality where the inmate serves his/her sentence or another agency or organization to receive him/her.

2. On the final day of the period of serving the imprisonment sentence of an inmate, the prison or detention camp or the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall complete procedures as prescribed by law to release the inmate; grant a certificate of completion of the serving of the imprisonment sentence to the inmate and provide him/her with a sum of money from the community integration support fund and travel and meal allowances for him/her to return to his/her place of residence or workplace; return to the inmate all papers, belongings, money and other assets which he/she deposited at the place of serving the imprisonment sentence.

3. In case an inmate is transferred for serving investigation, prosecution or trial activities, if the transfer period is 2 months or more and equal to the remainder of the period of serving his/her imprisonment sentence, the agency competent to receive him/her shall make a notice under Clause 1 of this Article, grant a certificate of completion of the serving of the imprisonment sentence to and release him/her, carry out procedures and settle his/her related obligations, rights and interests under Clause 2 of this Article provided he/she is not detained for another crime under a decision of a competent proceeding-conducting body.

4. A foreign inmate who has completely served his/her imprisonment sentence may be granted a certificate of completion of the serving of the imprisonment sentence and stay at an accommodations establishment designated by the criminal judgment execution management agency pending the completion of exit procedures.

5. The agency that has granted a certificate of completion of the serving of the imprisonment sentence shall send it to the National Center for Criminal Records, court that has issued the judgment execution decision, agency responsible for executing additional penalty(ies) and notified agency specified in Clause 1 of this Article, and send a written notice to the agency responsible for enforcing the civil contents of the criminal judgment or ruling.

Article 47.Execution of decisions to receive and transfer persons currently serving imprisonment sentences

1. Execution of decisions to receive persons currently serving imprisonment sentences from overseas to Vietnam to serve their sentences shall be carried out as follows:

a/ Upon receiving a decision to execute the decision to receive a person currently serving an imprisonment sentence from overseas to Vietnam to serve such sentence, the criminal judgment execution and judicial assistance police office shall receive such person and delivery him/her to a prison under a decision of the Criminal Judgment Execution Management Agency of the Ministry of Public Security;

b/ The regime of incarceration management, education and reformation, rights and obligations of transferred persons serving imprisonment sentences must comply with this Law and other relevant regulations.

2. Execution of decisions to transfer persons currently serving imprisonment sentences in Vietnam to overseas shall be carried as follows:

a/ Upon receiving a decision to execute the decision to transfer a person currently serving an imprisonment sentence in Vietnam to overseas, the prison shall deliver the inmate to the criminal judgment execution and judicial assistance police office. Such delivery shall be expressed in a record to be inserted in his/her file;

b/ The criminal judgment execution and judicial assistance police office shall escort the transferred person to the place and at the time as agreed upon in writing by competent authorities of Vietnam and the transfer-requesting country.

3. The Government shall detail this Article.

Section 2

REGIMES OF MEAL, CLOTHING, ACCOMMODATIONS, DAILY LIVING AND HEALTH CARE FOR INMATES

Article 48.Regime of meal and accommodations for inmates

1. Inmates shall be provided with prescribed rations of rice, green vegetables, meat, fish, sugar, salt, fish sauce, cooking oil, food seasonings and fuel. For inmates performing heavy and hazardous jobs as prescribed by law, food rations shall be increased but must not exceed twice the normal daily food ration. On holidays provided by law, inmates may have additional food for their meals which must not exceed 5 times the normal daily food ration.

Based on requirements for ensuring the health of inmates during incarceration, work and learning at places of serving their sentences, the Government shall prescribe specific food rations suitable to economic and budget conditions and market price fluctuations. Wardens of prisons or detention camps or heads of criminal judgment execution agencies of district-level Divisions of Public Security may decide to swap food rations to meet practical needs in order to ensure that inmates eat up their food rations.

2. In addition to food rations prescribed in Clause 1 of this Article, inmates may use their presents and money to afford more food which must not be higher than three times the monthly food ration per inmate.

3. Inmates shall be provided with hygienic foods and drinks. Cooking for inmates shall be done by inmates themselves under the supervision and examination by the prison or detention camp or the criminal judgment execution agency of the district-level Division of Public Security.

Inmate kitchens shall be equipped with necessary utensils for cooking foods, boiling water and dividing foods to inmates according to standard rations.

4. Inmates shall live in communal prison cells, except those who must be separately held under Points d, dd, e and g, Clause 2, and Clause 3, Article 30 of this Law. The minimum sleeping area per inmate is 2 m². For an inmate having a small child to nurse, the sleeping area must be at least 3 m².

Article 49.Regime of clothing and personal belongings of inmates

Inmates shall be provided with uniform clothing, face towels, blankets, mats, mosquito nets, hats, soaps, tooth paste and brushes. Female inmates shall be additionally provided with necessary items for feminine hygiene. Working inmates shall be provided with labor protection outfits and, depending on specific working conditions, additional labor protection devices as necessary.

The Government shall detail this Article.

Article 50.Regime of physical exercise, sports, cultural and art activities, use of prayer books and expression of beliefs or religious faiths of inmates

1. Inmates may participate in physical exercise, sports, and cultural and art activities, read books, listen to radio and watch television as suitable to conditions of places where they serve their sentences.

Each prison department may have a library, playing and sports grounds and shall be equipped with an internal public-address system and each communal prison cell shall be equipped with a television set.

2. The timing of physical exercise, sports, cultural and art activities, reading books, listening to radio and watching television must comply with prison rules.

3. Inmates who are religion followers may use printed prayer books that are lawfully published and express their beliefs or religious faiths in accordance with the law on beliefs and religions.

Article 51.Regimes for female inmates who are pregnant or nursing children under 36 months old

1. Pregnant female inmates, unless they are entitled to suspension of the serving of their imprisonment sentences, shall be placed in reasonable cells, are entitled to regular or irregular prenatal check-ups and medical care when necessary; and may be entitled to a shorter working time and a food and drink regime suitable to their health.

2. Pregnant female inmates are entitled to maternity leave before and after delivery in accordance with the labor law. During maternity leave, they shall be provided with food rations as prescribed by assistant doctors or doctors, as well as foods and necessary items for nursing their infants. Female inmates nursing children under 36 months old may be given appropriate time to care for and nurse their children.

3. Children who are under 36 months old and those who are 36 months old or older, waiting for admission to social relief establishments and living with their mothers being inmates in prisons are entitled to regimes of meals, clothing, accommodations, essential supplies and health care in the exercise of children’s rights in accordance with the Law on Children.

4. Prisons, detention camps and criminal judgment execution agencies of district-level Divisions of Public Security shall carry out procedures to request birth registration for children of inmates. Commune-level People’s Committees of localities where inmates serve their sentences shall make birth registration and grant birth certificates to these children.

5. Female inmates whose children are 36 months old or older shall send the children to their relatives for nurturing. If there are no relatives to receive such children for nurturing, prisons or detention camps of the Ministry of Public Security and Ministry of National Defense or criminal judgment execution agencies of provincial-level Departments of Public Security or of military zones shall request specialized agencies in charge of labor, invalids and social affairs of provincial-level People’s Committees of localities where inmates serve their sentences to designate social relief establishments to receive and nurture these children. Within 15 days after receiving requests, specialized agencies in charge of labor, invalids and social affairs of provincial-level People’s Committees shall designate social relief establishments to receive and nurture the children. After completely serving their imprisonment sentences, female inmates may receive back their children from social relief establishments.

6. Prisons shall arrange nurseries outside incarceration wards to care for and nurture children of inmates who are under 36 months old or children of inmates who are 36 months old or older pending admission to social relief establishments.

7. The Government shall detail this Article.

Article 52.Regime of meetings with relatives and receipt of presents

1. Inmates may meet their relatives once a month for no more than 1 hour. Based on results of sentence serving evaluation, fulfillment of education and transform requirements, and working and learning achievements of inmates, wardens of prisons or detention camps or heads of criminal judgment execution agencies of district-level Divisions of Public Security may decide to increase the time length of these inmates’ meetings with their relatives to no more than 3 hours or allow them to meet their spouses in private rooms for no more than 24 hours. Inmates who are commended or have recorded merits may meet their relatives one more time a month.

Inmates who violate incarceration facility rules may meet their relatives once every 2 months for no more than 1 hour.

2. In case representatives of other agencies, organizations or individuals request meetings with inmates, wardens of prisons or detention camps or heads of criminal judgment execution agencies of district-level Divisions of Public Security shall consider and decide to approve such requests.

3. When meeting their relatives and representatives of agencies or organizations or other individuals, inmates may receive letters, cash and articles, except those on the list of prohibited articles. For cash amounts, inmates shall deposit them with their prisons, detention camps or criminal judgment execution agencies of district-level Divisions of Public Security for management. The management and use of articles and cash of inmates must comply with Points a, b and c, Clause 3, Article 28 of this Law.

4. Inmates may receive cash and articles sent by post from their relatives twice a month at most. Prisons, detention camps and criminal judgment execution agencies of district-level Divisions of Public Security shall receive cash and articles sent to inmates from their relatives and open postal items, check and dispose of articles if they are on the list of prohibited articles in accordance with law.

5. In order to meet inmates, their relatives shall carry with them visit books or visit requests certified by commune-level People’s Committees or Public Security offices of localities where they reside or by agencies or organizations where they work or study. Prisons, detention camps and criminal judgment execution agencies of district-level Divisions of Public Security shall inform relatives of inmates of regulations on visits to inmates. Relatives of inmates shall observe these regulations.

For foreign inmates whose relatives are foreigners too, such relatives shall send to the criminal judgment execution management agency their visit requests written in Vietnamese or translated into Vietnamese and certified by diplomatic missions or consular offices of countries of which they bear citizenship or Vietnam-based representative offices of international organizations where they work. In case the relatives of such inmates are Vietnamese, visit requests shall be certified by commune-level People’s Committees of localities where they reside. Within 15 days after receiving a visit request, the criminal judgment execution management agency shall issue a reply to the requester. In special cases, this time limit may be prolonged to 30 days at most.

6. Prisons, detention camps and criminal judgment execution agencies of district-level Divisions of Public Security shall arrange places for inmates to meet their relatives, representatives of agencies or organizations or other individuals.

7. The Minister of Public Security and Minister of National Defense shall detail this Article.

Article 53.Procedures for consular visits or contacts

1. Foreign diplomatic missions or consular offices that request to make consular visits or contacts with inmates bearing citizenship of their countries and currently serving their imprisonment sentences in Vietnam shall send visit requests to the Ministry of Foreign Affairs. Contents of such a request include:

a/ Name of the diplomatic mission or consular office sending the request;

b/ Full name and citizenship of the inmate who needs a consular visit or contact;

c/ Prison where the inmate is serving his/her sentence;

d/ Full names and positions of persons who will make the consular visit or contact;

dd/ Full name of the interpreter.

2. Within 3 working days after receiving a visit request, the Ministry of Foreign Affairs shall notify it to the Criminal Judgment Execution Management Agency of the Ministry of Public Security or of the Ministry of National Defense. Within 5 working days after being notified, the competent criminal judgment execution management agency shall reply in writing to the Ministry of Foreign Affairs for notification to the requesting foreign diplomatic mission or consular office for contacting the competent criminal judgment execution management agency for grant of a letter of introduction for consular visit or contact.

Article 54.Regime of correspondence of inmates

1. An inmate may send 2 letters a month. Wardens of prisons or detention camps or heads of criminal judgment execution agencies of district-level Divisions of Public Security shall examine and censor letters sent and received by inmates.

2. Inmates may have domestic telephone conversations with their relatives once a month for no more than 10 minutes, except in urgent cases. Wardens of prisons or detention camps and heads of criminal judgment execution agencies of district-level Divisions of Public Security shall consider and decide to allow inmates to have telephone conversations and organize the control of such conversations.

3. Inmates shall pay for their communication prescribed in Clauses 1 and 2 of this Article.

Article 55.Regime of medical care for inmates

1. Inmates are entitled to the epidemic prevention and control regime. Prisons, detention camps and criminal judgment execution agencies of district-level Divisions of Public Security shall coordinate with district-level medical examination and treatment establishments or military hospitals of localities where these prisons, detention camps and criminal judgment execution agencies are based in organizing health check-ups for inmates.

2. Sick or injured inmates shall be medically examined and treated at health stations of their prisons or detention camps or at the nearest state-owned medical examination and treatment establishments. An inmate who suffers a serious disease or an injury which falls beyond the treatment capability of these establishments shall be transferred to a higher-level medical examination and treatment establishment for treatment. Prisons, detention camps and criminal judgment execution agencies of district-level Divisions of Public Security shall notify relatives of inmates or their representatives for joint care and treatment. Food, medicine and health restoration regimes for inmates shall be prescribed by medical examination and treatment establishments.

Prisons and criminal judgment execution agencies of provincial-level Departments of Public Security or of military zones shall coordinate with district- and provincial-level medical examination and treatment establishments and military hospitals in building or arranging separate rooms in these establishments to treat sick inmates. The management and supervision of inmates during their periods of medical treatment at medical examination and treatment establishments shall be carried out by prisons, detention camps or criminal judgment execution agencies of district-level Divisions of Public Security.

3. For an inmate suspected of suffering a mental disease or another disease that renders him/her unable to cognize or control his/her acts, the prison, detention camp or criminal judgment execution agency of the provincial-level Department of Public Security shall request the provincial-level people’s court of the locality or military court of the military zone where the inmate serves his/her imprisonment sentence to seek forensic psychiatric examination. If the examination conclusion shows that such inmate suffers a mental disease or another disease that renders him/her unable to cognize or control his/her acts, the chief justice of the provincial-level people’s court of the locality or the military court of the military zone where the inmate serves his/her sentence shall issue a decision to suspend the serving of the imprisonment sentence and apply the judicial measure of compulsory medical treatment to such inmate.

Medical examination and treatment establishments shall receive and manage inmates subject to compulsory medical treatment at their establishments.

4.  A drug-addicted inmate shall be detoxified by his/her prison.

5. Funds for medical examination and treatment, drug detoxification and building and arrangement of separate medical treatment rooms for inmates in medical examination and treatment establishments shall be paid by the State.

6. The Government shall detail this Article.

Article 56.Procedures for handling cases of deceased inmates

1. When an inmate dies in a prison, detention camp or criminal judgment execution agency of a district-level Division of Public Security or a state-owned medical examination and treatment establishment, such agency or establishment shall promptly notify the case to the district-level investigation body and people’s procuracy of the locality or the investigation body and military procuracy of the zone where the inmate dies for identifying the cause of his/her death. The prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security shall carry out the death declaration procedures at the commune-level People’s Committee of the locality where the inmate dies and notify his/her relatives or representative before carrying out the burial procedures. For an inmate who dies in a medical examination and treatment establishment, such establishment shall send a death certificate to the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security.

When a foreign inmate dies, the warden of his/her prison shall promptly notify such to the provincial-level investigation body and people’s procuracy of the locality or the investigation agency and military procuracy of the military zone where the inmate dies for identifying the cause of his/her death, and concurrently to the Criminal Judgment Execution Management Agency of the Ministry of Public Security or Ministry of National Defense and the Ministry of Foreign Affairs for notification to the representative mission of the country of which the deceased person is a citizen. After obtaining permission of a competent agency, the prison shall organize a burial for the deceased inmate.

2. When permitted by a competent agency to carry out the burial procedures for a deceased inmate, the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security shall notify the burial to relatives or representative of such inmate. In case a relative of the deceased inmate requests in writing, the corpse of the deceased inmate shall be transferred to him/her, unless there is a ground to believe that the transfer affects security, order and environmental sanitation. Within 24 hours after the relatives of the deceased inmate are notified of the death of the inmate, if they refuse to receive the corpse of the deceased inmate, the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security shall organize the burial of the inmate in accordance with law and notify it to the court that has issued the judgment execution decision. Within 3 working days after receiving the notice, the court shall issue a decision to terminate the serving of the imprisonment sentence and send it to a relative of the deceased inmate and the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security of the locality where the inmate dies, competent procuracy and provincial-level Department of Justice of the locality where the court that has issued the termination decision is based. The commune-level People’s Committee of the locality where the inmate dies shall coordinate with the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security in burying the deceased inmate and managing his/her grave. Burial expenses shall be paid by the State.

In case the deceased inmate is a foreigner, within 48 hours after being notified of the death of the inmate, if the representative mission of the country of which such inmate is a citizen does not make a request for receiving his/her corpse, the prison shall organize a burial for him/her.

3. In case a relative or representative of a deceased inmate makes a written request for receiving the corpse or remains of the deceased and bear all related expenses, the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security may consider and accept such request, unless there is a ground to believe that such may affect security, order and environmental sanitation. The receipt of remains shall be settled 3 years after the date of burial. For a foreign inmate, the receipt of his/her corpse or remains shall be considered and decided by the criminal judgment execution management agency.

Section 3

CONDITIONAL EARLY RELEASE OF INMATES

Article 57.Time of consideration of conditional early release of inmates

The consideration of conditional early release of inmates shall be carried out thrice a year at the end of the first quarter, the end of the second quarter and the end of the sentence serving-rating year.

Article 58.Files of request for conditional early release of inmates

1. Prisons or detention camps of the Ministry of Public Security or Ministry of National Defense, or criminal judgment execution agencies of provincial-level Departments of Public Security or of military zones shall compile files of request for conditional early release of inmates and transfer them to provincial-level people’s procuracies, military zone-level military procuracies, provincial-level people’s courts or military zone-level military courts of the localities where such inmates are serving their imprisonment sentences.

2. A file of request for conditional early release of an inmate must comprise:

a/ An inmate’s written request for conditional early release, enclosed with commitments not to violate law and breach obligations which must be fulfilled upon conditional early release;

b/ A copy of the legally effective court judgment or ruling; the judgment execution decision;

c/ Documents showing that the inmate has made a considerable progress and shown a good sense of self-reformation, which are decisions on rating of imprisonment sentence serving or copies thereof;

d/ A copy of the decision on reduction of the period of serving of the imprisonment sentence, for those sentenced for serious crimes, very serious crimes or particularly serious crimes;

dd/ Documents showing the completion of the serving of the additional penalty being fine or obligation to pay compensation for damage or court fee;

e/ Documents for identifying the actual period of serving the imprisonment sentence;

g/ In case the inmate is a person with meritorious contributions to the revolution or a relative of a person with meritorious contributions to the revolution, a person aged full 70 years or older, a person with serious disabilities or particularly serious disabilities, a woman currently nursing a child aged under 36 months or an under-18 person serving an imprisonment sentence, there must be a supporting document;

h/ A written request for conditional early release of the inmate, made by the prison or detention camp of the Ministry of Public Security or Ministry of National Defense or the criminal judgment execution agency of a provincial-level Department of Public Security or of a military zone.

3. A person entitled to suspension of the serving of an imprisonment sentence or subject to the judicial measure of compulsory medical treatment may have his/her imprisonment sentence serving-rating results reserved and his/her sentence-serving period continuously counted right after resuming his/her sentence serving. In this case, if he/she is certified by the commune-level People’s Committee of the locality where he/she comes to reside or the army unit assigned to manage him/her or the medical establishment treating him/her that he/she has strictly abided by law, he/she may have the request for conditional early release considered.

4. In case an inmate is transferred for serving investigation, prosecution or trial but not subject to penal liability examination for another crime, the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security that receives him/her shall request in writing the prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security that is managing his/her file to consider and compile a file of request for conditional early release if he/she fully satisfies the prescribed conditions.

Article 59.Execution of decisions on conditional early release

1. Right after receiving a decision on conditional early release, a prison, detention camp or criminal judgment execution agency of a district-level Division of Public Security shall post up the list of inmates entitled to conditional early release at its place. Right after a decision on conditional early release takes legal effect, such prison, detention camp or criminal judgment execution agency shall grant certificate of conditional early release and release the inmates named in the decision. Probation period shall be counted from the date the decision on conditional early release takes legal effect.

The prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security shall deliver the file of the released inmate to the criminal judgment execution agency of the district-level Division of Public Security of the locality where the released inmate comes to reside or the criminal judgment execution agency of the military zone.

2. The criminal judgment execution agency of a district-level Division of Public Security of a locality where an inmate entitled to conditional early release comes to reside or criminal judgment execution agency of a military zone shall receive and manage the file of such inmate, compile a file for management of such inmate and hand it over to the commune-level People’s Committee or army unit for management.

Within 5 days from the date of being entitled to conditional early release, an inmate shall show himself/herself up to the commune-level People’s Committee or army unit assigned to manage him/her in order to commit to performing his/her obligations, except where he/she is unable to do so due to aforce majeurereason or an external obstacle. In case the 5-day time limit expires but the inmate fails to show himself/herself up, the commune-level People’s Committee or army unit shall summon him/her to its office to commit to performing his/her obligations. In case he/she fails to show up within the set time limit or to commit to performing his/her obligations, the commune-level Public Security office or army unit shall make a written record of obligation breach.

The commune-level People’s Committee or army unit shall report to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone on show-up results and commitment of the inmate entitled to conditional early release.

3. In case an inmate entitled to conditional early release is managed by the Army but later no longer serves in the Army, the criminal judgment execution agency of the military zone shall deliver him/her together with his/her file to the criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she comes to reside for the latter to make a file for his/her management and assign the commune-level People’s Committee to manage him/her.

4. On the last day of the probation period, the criminal judgment execution agency of a district-level Division of Public Security or of a military zone that used to manage the inmate entitled to conditional early release shall grant a certificate of completion of the serving of the imprisonment sentence to him/her and send it to the same-level procuracy, court that has issued the decision on conditional early release, court that has issued the judgment execution decision, prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security of the locality or of the military zone where he/she used to serve his/her sentence, National Center for Criminal Records and commune-level People’s Committee of the locality where he/she comes to reside.

5. If an inmate entitled to conditional early release dies, the commune-level People’s Committee or army unit assigned to manage him/her shall send a notice of his/her death to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for notification to the court that has issued the judgment execution decision. Within 3 working days after receiving the notice, the court that has issued the judgment execution decision shall issue a decision to terminate the judgment execution and send it to the same-level procuracy, criminal judgment execution agency of the district-level Division of Public Security or of the military zone, commune-level People’s Committee, army unit assigned to manage him/her, and provincial-level Department of Justice of the locality where the decision-issuing court is based.

Article 60.Files for management of persons entitled to conditional early release

1. A file for management of a person entitled to conditional early release compiled by the criminal judgment execution agency of a district-level Division of Public Security or of a military zone must comprise:

a/ A copy of the legally effective court judgment or ruling; the judgment execution decision;

b/ The decision on conditional early release;

c/ The certificate of conditional early release;

d/ A written evaluation of the imprisonment sentence serving by the person entitled to conditional early release;

dd/ The Commitment of the person entitled to conditional early release;

e/ A slip of information of the person entitled to conditional early release;

g/ Other relevant documents.

2. A commune-level People’s Committee or army unit assigned to manage a person entitled to conditional early release shall receive such person and add to a management file the following documents:

a/ Its written evaluation of the person entitled to conditional early release;

b/ A report of the person entitled to conditional early release on his/her obligation performance;

c/ In case the person entitled to conditional early release is criticized under Article 66 of this Law, there must be a self-criticism paper, a minutes of the criticism meeting and relevant documents;

d/ In case the person entitled to conditional early release enjoys a reduced probation period, there must be a court ruling;

dd/ Other relevant documents.

3. Fifteen days before the probation period expires, the commune-level People’s Committee or army unit assigned to manage a person entitled to conditional early release shall deliver his/her management file to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for grant of a certificate of completion of the serving of the imprisonment sentence upon the expiration of the probation period. The delivery and receipt of the file shall be recorded in a minutes to be included in the inmate’s file.

Article 61.Tasks and powers of commune-level People’s Committees and army units assigned to manage persons entitled to conditional early release

1. Commune-level People’s Committees assigned to manage persons entitled to conditional early release have the following tasks and powers:

a/ To receive files of, and manage, persons entitled to conditional early release; to deliver such files to competent criminal judgment execution agencies defined in this Law;

b/ To request persons entitled to conditional early release to fully perform their obligations; to take educative and preventive measures when such persons show signs of violation;

c/ To praise persons entitled to conditional early release who have made a considerable progress or recorded merits;

d/ To permit persons entitled to conditional early release to be absent from their places of residence in accordance with this Law and the law on residence;

dd/ To coordinate with socio-political organizations, families of persons entitled to conditional early release, and agencies or organizations where they work or study in managing them;

e/ To compile files and request in writing criminal judgment execution agencies of district-level Divisions of Public Security to report to criminal judgment execution agencies of provincial-level Departments of Public Security for requesting same-level courts to consider and rule to reduce the probation period;

g/ To report to criminal judgment execution agencies of district-level Divisions of Public Security for carrying out the procedures for requesting competent courts to quash decisions on conditional early release and compel persons entitled to conditional early release to serve the remainder of their imprisonment sentences in case they violate the provisions of Clause 4, Article 66 of the Penal Code;

h/ To report to criminal judgment execution agencies of district-level Divisions of Public Security when persons entitled to conditional early release abscond;

i/ To make written evaluations of obligation performance by persons entitled to conditional early release during their probation period;

k/ To report to competent criminal judgment execution agencies on results of the management of persons entitled to conditional early release during their probation period.

2. Commune-level Public Security offices shall advise and directly assist commune-level People’s Committees in performing the tasks and exercising the powers provided in Clause 1 of this Clause.

3. Army units assigned to manage persons entitled to conditional early release have the following tasks and powers:

a/ The tasks and powers provided at Points a, b, c, i and k, Clause 1 of this Article;

b/ To coordinate with commune-level People’s Committees in permitting persons entitled to conditional early release to be absent from their places of residence in accordance with this Law and the law on residence;

c/ To coordinate with families of persons entitled to conditional early release in managing them;

d/ To make files and request in writing military zone-level criminal judgment execution agencies to request same-level courts to consider and decide to reduce the probation period;

dd/ To report to military zone-level criminal judgment execution agencies for carrying out the procedures for requesting competent courts to quash decisions on conditional early release and compel persons entitled to conditional early release to serve the remainder of their remaining sentences in case they violate Clause 4, Article 66 of the Penal Code;

e/ To report to military zone-level criminal judgment execution agencies when persons entitled to conditional early release abscond.

Article 62.Obligations of persons entitled to conditional early release

1. To strictly implement their commitments to abiding by law, civic obligations, internal rules and regulations of their places of residence, workplaces or places of study.

2. To show themselves up and make commitments under Clause 2, Article 59 of this Law.

3. To submit to management by commune-level People’s Committees or army units assigned to manage them.

4. To comply with Article 67 of this Law.

5. To show themselves up at the request of commune-level People’s Committees or army units assigned to manage them.

6. To report in writing on a monthly basis to commune-level People’s Committees or army units assigned to manage them on their obligation performance. In case of absence as specified in Clause 1, Article 67 of this Law, upon the expiration of the absence period, to report on their obligation performance.

Article 63.Working and learning activities of persons entitled to conditional early release

1. If persons entitled to conditional early release who are not cadres, civil servants or public employees are allowed to continue working at their agencies, organizations or units, they are entitled to salary and other regimes applicable to jobs they perform and their working periods may be normally counted in accordance with law.

2. Persons entitled to conditional early release who are admitted to general education or vocational education institutions for study are entitled to benefits provided by law.

3. Persons entitled to conditional early release who do not fall into the cases specified in Clauses 1 and 2 of this Article may be assisted by commune-level People’s Committees in seeking employment.

Article 64.Reduction of the probation period for persons entitled to conditional early release

1. A person entitled to conditional early release may have his/her probation period reduced when fully satisfying the following conditions:

a/ Having served half of the probation period;

b/ Showing considerable progress during the probation period.

2. Every year a person entitled to conditional early release may have his/her probation period reduced once by between 3 months and 2 years. In case the remainder of the probation period of a person entitled to conditional early release is under 3 months, the court may rule to remit it.

A person entitled to conditional early release may have his/her probation period reduced many times but shall ensure that he/she has actually served at least three-quarters of his/her probation period, except the case specified in Clause 3 of this Article.

3. In case a person entitled to conditional early release is an under-18 person, a person who has recorded a merit, a too old and weak person or a person suffering a serious disease and fully satisfies the conditions prescribed in Clause 1 of this Article, the court may remit the remainder of his/her probation period.

Article 65.Procedures for reduction the probation period for persons entitled to conditional early release

1. Commune-level People’s Committees or army units assigned to manage persons entitled to conditional early release shall check persons eligible for reduced probation period as prescribed by the Penal Code, make and send files and written requests for reduction  of the probation period to criminal judgment execution agencies of district-level Divisions of Public Security or of military zones.

2. Within 7 days after receiving such a file and request of a commune-level People’s Committee assigned to manage a person entitled to conditional early release, the criminal judgment execution agency of a district-level Division of Public Security shall consider and send a written request for reduction of the probation period for such person, enclosed with his/her file, to the criminal judgment execution agency of the provincial-level Department of Public Security. Within 7 days after receiving such file and request from the criminal judgment execution agency of the district-level Division of Public Security, the criminal judgment execution agency of the provincial-level Department of Public Security shall consider and send a written request for reduction of the probation period for such person to the same-level people’s court for consideration and decision, and concurrently to the same-level procuracy.

3. Within 7 days after receiving a file and request of an army unit assigned to manage a person entitled to conditional early release who fully satisfies the conditions for reduced probation period, the criminal judgment execution agency of a military zone shall consider and send a written request for reduction of the probation period for such person to the military court of the military zone for consideration and decision, and concurrently to the same-level procuracy.

4. Within 7 days after receiving a file and written request for reduction of the probation period for a person entitled to conditional early release from the criminal judgment execution agency of a provincial-level Department of Public Security or of a military zone, the chief justice of a provincial-level people’s court of a locality or military court of a military zone where such person resides or works shall set up a council and hold a meeting to consider and decide on reduction of the probation period. Such council shall be composed of 3 judges. Such meeting shall be attended by a procurator of the same-level procuracy. In case the file needs to be supplemented at the request of the court, the time limit for holding the meeting may be counted from the date of receipt of the supplemented file.

5. Within 3 working days after issuing a decision on reduction of the probation period, the court shall send it to the sentenced person, same-level procuracy, direct superior procuracy, agency that has requested the reduction of the probation period, court that has issued the decision on conditional early release, and provincial-level Department of Justice of the locality where the court that has issued the decision on conditional early release is based.

Article 66.Criticism of persons entitled to conditional early release

1. During the probation period, if a person entitled to conditional early release breaches for the first time his/her obligations prescribed in Article 62 of this Law or is sanctioned for his/her first-time administrative violation, the commune-level People’s Committee assigned to manage him/her shall coordinate with his/her agency, organization or grassroots-level Vietnam Fatherland Front Committee in holding a meeting of the residential community of the locality where he/she resides to criticize him/her. If he/she is working at an army unit, such criticism shall be carried out at such army unit.

2. Criticism shall be recorded in a minutes to be included in the file for management of the person entitled to conditional early release and reported to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone.

Article 67.Absence from places of residence of persons entitled to conditional early release

1. A person entitled to conditional early release may be absent from his/her place of residence if having a plausible reason but shall ask for permission under Clause 2 of this Article and declare his/her temporary absence in accordance with the law on residence. The period of absence from his/her place of residence shall be counted into the probation period but must not exceed 60 days each time and the total period of absence from the place of residence must not exceed one-third of the probation period, except where he/she is ill and must be medically treated at a medical establishment as prescribed by a doctor. In case of medical treatment, a treatment certification by the medical establishment is required.

2. A person entitled to conditional early release who wishes to leave his/her place of residence shall make a request for permission and obtain approval of the commune-level People’s Committee or army unit assigned to manage him/her. In case of disapproval, such commune-level People’s Committee or army unit shall reply in writing, clearly stating the reason. When arriving at the new place of residence, he/she shall report himself/herself to the commune-level Public Security office of the locality where he/she comes to temporarily reside or stay. Upon the expiration of the temporary residence or stay period, he/she shall obtain a certification by such commune-level People’s Committee or Public Security office. In case he/she commits an illegal act, such commune-level People’s Committee shall notify his/her illegal act to the commune-level People’s Committee or army unit assigned to manage him/her.

3. Persons entitled to conditional early release may not leave the country during the probation period.

Article 68.Settlement of cases in which persons entitled to conditional early release change their places of residence or workplaces

1. In case a person entitled to conditional early release wishes to change for a plausible reason his/her place of residence or workplace, he/she shall make a written request for change certified by the commune-level People’s Committee or army unit assigned to manage him/her, then send it to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone.

Within 15 days after receiving the request of the person entitled to conditional early release, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall coordinate with related units in checking and verifying information and permitting such person to change his/her place of residence or workplace. In case of refusal to permit, it shall reply in writing, clearly stating the reason.

2. A person entitled to conditional early release may be considered for permission for change of his/her place of residence if satisfying the following conditions:

a/ Satisfying the requirements prescribed by the law on residence;

b/ Having obtained approval of the criminal judgment execution agency of the district-level Division of Public Security in case of changing his/her place of residence within a district-level administrative unit, or the criminal judgment execution agency of the provincial-level Department of Public Security in case of changing his/her place of residence to another district-level administrative unit, or the Criminal Judgment Execution Management Agency of the Ministry of Public Security in case of changing his/her place of residence to another provincial-level administrative unit.

3. The change of workplace of a person entitled to conditional early release within a military zone shall be decided by the criminal judgment execution agency of such military zone.

The change of workplace of a person entitled to conditional early release to another military zone shall be decided by the Criminal Judgment Execution Management Agency of the Ministry of National Defense.

In case a person entitled to conditional early release does not continue to work in the army, the criminal judgment execution agency of the military zone shall carry out procedures for transferring his/her file to the criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she comes to reside for management under Clause 3, Article 59 of this Law.

4. The Minister of Public Security and Minister of National Defense shall detail this Article.

Article 69.Handling of persons entitled to conditional early release breaching their obligations or committing violations subject to administrative sanctioning

1. A person entitled to conditional early release who intentionally breaches his/her obligations prescribed in Article 62 of this Law shall have his/her breach recorded in a minutes by the commune-level Public Security office. If he/she intentionally relapses into the breach, another minutes shall be made and his/her breach shall be reported to the commune-level People’s Committee.

A person entitled to conditional early release and managed by an army unit who intentionally breaches his/her obligations prescribed in Article 62 of this Law shall have his/her breach recorded in a minutes by such army unit. If he/she intentionally relapses into the breach, another minutes shall be made and his/her breach shall be reported to the criminal judgment execution agency of the military zone.

2. In case a person entitled to conditional early release commits a violation and is administratively sanctioned twice or more, the commune-level Public Security office shall report such to the commune-level People’s Committee.

In case a person entitled to conditional early release and managed by an army unit commits a violation and is administratively sanctioned twice or more, such army unit shall report such to the criminal judgment execution agency of the military zone.

3. Within 3 working days after receiving a report of the commune-level Public Security office, the commune-level People’s Committee shall send to the criminal judgment execution agency of the district-level Division of Public Security a written request enclosed with the minutes of obligation breach or decision on administrative sanctioning and other relevant documents regarding the person entitled to conditional early release for carrying out procedures for requesting the cancellation of the decision on conditional early release.

Within 3 working days after receiving a report of the army unit assigned to manage the person entitled to conditional early release enclosed with the minutes of obligation breach or decision on administrative sanctioning and other relevant documents, the criminal judgment execution agency of the military zone shall carry out procedures for requesting the cancellation of the decision on conditional early release.

Article 70.Settlement of cases in which inmates proposed for conditional early release violate internal rules of incarceration facilities or commit illegal acts

1. In case an inmate proposed for conditional early release violates internal rules of his/her incarceration facility and is disciplined for his/her violation or commits an illegal act before the court issues a decision on conditional early release, the agency that has proposed conditional early release under Clause 1, Article 368 of the Criminal Procedure Code shall send to the procuracy and the court a written request for withdrawal of the file of such inmate and delete his/her name from the list of inmates proposed for conditional early release.

2. In case an inmate who obtains a court decision on conditional early release which has not yet become legally effective violates the internal rules of his/her incarceration facility and is disciplined for his/her violation or commits an illegal act, the file and procedures for consideration of cancellation of the decision on conditional early release must comply with Clause 3, Article 71 of this Law and Article 368 of the Criminal Procedure Code.

Article 71.Cancellation of decisions on conditional early release

1. In case a person entitled to conditional early release violates Clause 4, Article 66 of the Penal Code, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall make and transfer a file to the court that has issued the decision on conditional early release for consideration of cancellation of such decision, and concurrently to the same-level procuracy. Such file must comprise:

a/ A written request of the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for cancellation of the decision on conditional early release;

b/ A minutes of obligation breach or decision on administrative sanctioning;

c/ A report of the criminal judgment execution agency of the district-level Division of Public Security or of the military zone on obligation performance by the person entitled to conditional early release during the probation period;

d/ A copy of the court judgment or ruling; a copy of the decision on conditional early release;

dd/ Other relevant documents.

2. Within 3 working days after a decision on cancellation of the decision on conditional early release becomes legally effective, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall send a notice to the person for whom the decision on conditional early release is cancelled. Within 7 days after receiving the notice, the person for whom the decision on conditional early release is cancelled shall show himself/herself up at the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for serving the remainder of the imprisonment sentence. Past that time limit, if he/she fails to do so, the criminal judgment execution and judicial assistance police or judicial security guards shall escort him/her for judgment execution. In case he/she absconds, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall carry out procedures for requesting the competent criminal judgment execution agency to issue a pursuit warrant.

3. In case an inmate violates internal rules of his/her incarceration facility or commits an illegal act in the case specified in Clause 2, Article 70 of this law, the agency that has proposed conditional early release shall make and transfer a file to the court that has issued the decision on conditional early release for consideration and cancellation of such decision, and concurrently to the same-level procuracy. Such file must comprise:

a/ A written request for cancellation of the decision on conditional early release;

b/ A decision on disciplining of the inmate enclosed with a minutes of violation of internal rules of the incarceration facility or a document recording the violation;

c/ Other relevant documents.

4. The order and procedures for courts to consider and decide on cancellation of decisions on conditional early release must comply with Article 368 of the Criminal Procedure Code.

Article 72.Responsibilities of families of persons entitled to conditional early release

Families of persons entitled to conditional early release shall coordinate with commune-level People’s Committees or army units in managing such persons; notify results of obligation performance by such persons to commune-level People’s Committees or army units assigned to manage them when so requested; and be present at meetings to criticize such persons at the request of commune-level People’s Committees or army units assigned to manage them.

Section 4

PROVISIONS APPLICABLE TO MINOR INMATES

Article 73.Scope of application

Inmates aged under 18 years shall serve their sentences under this Section and other relevant provisions not contrary to those of this Section; when reaching full 18 years, they shall be put under the incarceration management and education regime applicable to adult inmates.

Article 74.Regime of management, education, literacy learning, job training and working

1. Minor inmates shall be incarcerated under a separate regime suitable to their health, gender and personal characteristics.

2. Prisons shall teach minor inmates in literacy skills, law and jobs suitable to their age, educational level, gender and health in order to prepare their community integration after they completely serve their imprisonment sentences. Primary education and lower secondary education shall be universalized. Primary education is compulsory for inmates who have not yet finished the primary education program.

General and vocational education programs and curricula for minor inmates shall be prescribed by the Government.

3. Minor inmates may work in separate areas and do jobs suitable to their age and are not required to do heavy or dangerous jobs or work in contact with hazardous substances.

Article 75.Regime of food, clothing, health care and cultural, art and recreation activities

1. Minor inmates shall be provided with standard food rations and health care like adult inmates and are entitled to additional meat and fish not exceeding 20% of standard rations.

2. In addition to clothing and personal articles like adult inmates, every year minor inmates shall be provided with extra uniform clothing and other personal articles under regulations.

3. The time and forms of organization of physical exercise, sports, cultural and art activities, listening to radio, reading books and newspapers, watching television and other entertainment and recreational activities must be suitable to characteristics of minors.

4. The Government shall detail this Article.

Article 76.Regime of meeting and via-telephone conversation with relatives

1. Minor inmates may meet their relatives no more than 3 times a month, each lasting for no more than 3 hours. Based on sentence serving rating results, education and reformation requirements, and working and learning achievements of inmates, wardens of prisons may decide to prolong the meeting time to no more than 24 hours.

Minor inmates who are commended may meet their relatives one additional time a month.

2. Minor inmates may have domestic via-telephone conversations with their relatives no more than 4 times a month, each lasting for no more than 10 minutes, under the supervision of prison officers, and shall pay for these telephone conversations.

3. The State shall encourage relatives of minor inmates to send educational books, notebooks and learning aids and gears for physical exercise, sports, entertainment and recreation to these inmates.

Chapter IV

EXECUTION OF THE DEATH SENTENCE

Article 77.Decisions to execute the death sentence

1. The chief justice of a court that has conducted the first-instance trial shall issue a decision to execute the death sentence. Such decision must clearly state the date of issuance, full name and position of the issuer; the judgment or ruling to be executed; the full name, date of birth and place of residence of the sentenced person.

2. Within 3 working days after issuing a decision to execute the death sentence, a court shall send it to:

a/ The same-level procuracy and criminal judgment execution agency;

b/ The detention camp where the sentenced person is held;

c/ The provincial-level Department of Justice of the locality where the decision-issuing court is based.

Article 78.Decisions to form death sentence execution councils

1. Right after issuing a decision to execute the death sentence, the chief justice of the decision-issuing court shall send a written request to the chief procurator of the same-level procuracy and the head of the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone to appoint representatives of their leaders to join the death sentence execution council. Within 3 working days after receiving such request, the chief procurator of the same-level procuracy and the head of the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall issue documents appointing their leaders’ representatives to join the death sentence execution council.

2. Within 3 working days after receiving documents appointing leaders’ representatives to join the death sentence execution council from the agencies specified in Clause 1 of this Article, the chief justice of the court that has issued the judgment execution decision shall issue a decision to form the death sentence execution council. This decision must clearly indicate the date of issuance, full name and position of the issuer; grounds for issuing the decision; and full names and positions of council members.

3. A death sentence execution council shall be composed of:

a/ The chief justice or deputy chief justice of the court that has issued the judgment execution decision, as the chairperson of the council;

b/ The chief procurator or deputy chief procurator of the same-level procuracy;

c/ The head or deputy head of the same-level criminal judgment execution agency.

4. A death sentence execution council shall be assisted by a secretary who is a cadre or civil servant of the court who is appointed by the chief justice of the court competent to issue the judgment execution decision.

Article 79.Tasks and powers of death sentence execution councils

1. Death sentence execution councils have the following tasks and powers:

a/ To decide on plans and prepare conditions to ensure the judgment execution;

b/ To examine conditions on persons to be executed as required by the Penal Code and Criminal Procedure Code; to issue decisions to postpone the judgment execution and report them to chief justices of courts that have issued judgment execution decisions, if sentenced persons are ineligible for judgment execution;

c/ To request related agencies and organizations to provide information and documents necessary for the judgment execution; to request people’s armed forces units, agencies and organizations to assist in ensuring safety for the judgment execution when necessary;

d/ To administer the judgment execution under plans;

dd/ To notify judgment execution results to the criminal judgment execution management agency;

e/ To disband after accomplishing their tasks.

2. Chairpersons of death sentence execution councils shall hold meetings to announce decisions related to the death sentence execution, and decide on the time of judgment execution; contents to be kept secret; conditions to ensure the implementation of judgment execution plans; and burial locations in case the receipt of corpses is disallowed or there are no written requests for receipt of corpses. A meeting shall be recorded in a minutes to be included in the death sentence execution file.

Article 80.Death sentence execution files

1. A death sentence execution file must comprise:

a/ The legally effective first-instance judgment; the appellate judgment in case the first-instance judgment is appealed or protested against according to appellate procedures;

b/ The decision on cassation or reopening trial (if any);

c/ The non-protest decision of the Chief Justice of the Supreme People’s Court and non-protest decision of the Procurator General of the Supreme People’s Procuracy;

d/ A copy of the President’s decision rejecting the petition for death sentence commutation (if any);

dd/ The death sentence execution decision;

e/ The decision to form the death sentence execution council;

g/ The minutes of the meeting of the death sentence execution council;

h/ The death sentence execution plan;

i/ The personal identification record, fingerprint sheet and written record of checking of personal identity of the person whose death sentence is to be executed;

k/ The written record of verification and certification that the person whose death sentence is to be executed does not fall into the case specified in Clause 3, Article 40 of the Penal Code;

l/ Documents related to the postponement of execution of the death sentence in case of postponement of execution of the death sentence;

m/ The written record of forensic examination of the corpse of the person whose death sentence has been executed;

n/ One photo of the person whose death sentence has been executed;

o/ The minutes of death sentence execution;

p/ The report on death sentence execution results;

q/ Other relevant documents.

2. Death sentence execution files shall be made and managed by criminal judgment execution agencies of provincial-level Departments of Public Security or of military zones and archived and preserved under the file regime prescribed by the Minister of Public Security or Minister of National Defense.

Article 81.Postponement of execution of the death sentence

1. A death sentence execution council shall decide to postpone execution of the death sentence in one of the following cases:

a/ The sentenced person falls into a case specified in Clause 3, Article 40 of the Penal Code;

b/ There is aforce majeurecircumstance or an external obstacle;

c/ Right before the execution, the sentenced person reports new circumstances of the crime.

2. When deciding to postpone execution of the death sentence, a death sentence execution council shall make a minutes clearly indicating the hour, date and place of sentence execution; full names and positions of the council members; and reason for the postponement of the sentence execution. Such minutes shall be signed by all council members and included in the death sentence execution file and reported to the chief justice of the court that has issued the sentence execution decision, the chief procurator of the provincial-level people’s procuracy or military zone-level military procuracy and criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone.

3. Criminal judgment execution and judicial assistance police or judicial security guards shall escort and deliver the person whose death sentence execution is postponed to the detention camp for continued incarceration management. The delivery and receipt of such person shall be recorded in a minutes.

4. In the case of postponement of sentence execution mentioned at Point a, Clause 1 of this Article, the death sentence execution council shall postpone the sentence execution and report such to the chief justice of the court that has issued the sentence execution decision for reporting to the Chief Justice of the Supreme People’s Court for consideration and decision.

For the cases of postponement of sentence execution specified at Points b and c, Clause 1 of this Article, when the reason for postponement no longer exists, the chief justice of the court that has issued the sentence execution decision shall request the death sentence execution council to proceed with the sentence execution. In case of change of a council member, the chief justice of the court that has issued the sentence execution decision shall decide on the change of the council member or form a death sentence execution council under Article 78 of this Law.

Article 82.Form of and procedures for execution of the death sentence

1. The death sentence shall be executed by lethal injection. The process of lethal injection shall be prescribed by the Government.

2. Before the sentence execution, the death sentence execution council shall check personal identification record, fingerprint sheet and personal history records of the person to be executed. In case the sentenced person is a female, the council shall check all documents related to conditions for death sentence non-execution as prescribed by the Penal Code.

3. Before being taken out for death sentence execution, the sentenced person shall be given food and drink, write letters and have his/her messages recorded for sending to his/her relatives.

4. The death sentence shall be executed in the following order:

a/ Pursuant to the death sentence execution decision and request of the chairperson of the death sentence execution council, the criminal judgment execution and judicial assistance police or judicial security guards shall escort the sentenced person to the workplace of the death sentence execution council;

b/ At the request of the death sentence execution council, a specialized officer of the People’s Public Security or People’s Army shall press fingerprints, check the personal identification record and fingerprint sheet of the sentenced person and compare them with related files and documents; take photos and video-record the process of carrying out the procedures of taking fingerprints, checking and making a minutes; and report checking results to the death sentence execution council;

c/ The chairperson of the death sentence execution council shall announce the death sentence execution decision, the non-protest decision of the Chief Justice of the Supreme People’s Court and non-protest decision of the Procurator General of the Supreme People’s Procuracy, decision of the Judicial Council of the Supreme People’s Court rejecting the protest of the Chief Justice of the People’s Supreme Court or of the Procurator General of the Supreme People’s Procuracy, or decision of the President rejecting the petition for death sentence commutation.

Right after the chairperson of the death sentence execution council announces these decisions, the criminal judgment execution and judicial assistance police or judicial security guards shall hand over these decisions to the person to be executed for reading. If such person does not know Vietnamese or cannot read these decisions, the death sentence execution council shall appoint a person to read or translate these decisions for such person. The process of announcing and reading these decisions shall be photographed, and video and audio recorded for inclusion in the death sentence execution file;

d/ By the order of the chairperson of the death sentence execution council, specialized officers appointed by the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall carry out the sentence execution and report results thereof to the council chairperson;

dd/ By the order of the chairperson of the death sentence execution council, a forensic medicine doctor shall determine conditions of the executed person and report results to the council;

e/ The death sentence execution council shall make a minutes of the sentence execution; report on the process and results of the sentence execution to the Supreme People’s Court, Supreme People’s Procuracy, criminal judgment execution management agency, criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone for carrying out the death declaration procedures at the commune-level People’s Committee of the locality where the sentence execution is carried out;

g/ The criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall preserve the corpse of the executed person, organize burial and draw a map of the grave of such person. The commune-level People’s Committee of the locality where the sentence execution was carried out shall coordinate with the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone in the burial and management of the grave of the executed person;

h/ Within 3 working days after the sentence execution is carried out, the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall inform it to relatives of the executed person, except the case specified in Clause 1, Article 83 of this Law.

Article 83.Settlement of requests for receipt of corpses and remains of executed persons

1. Within 3 working days after the issuance of a death sentence execution decision, the chief justice of the decision-issuing court shall send a notice thereof to relatives or a representative of the executed person for making a written request for receipt of the corpse of such person. Within 3 working days after the receipt of the notice, a written request for receipt of the corpse of the executed person shall be sent to the chief justice of the notice-issuing court. Such request must clearly state the full name and address of the corpse recipient; his/her relationship with the executed person; commitment to meeting security, order and environmental sanitation requirements and paying all arising expenses. The request shall be certified by the commune-level People’s Committee of the locality where the requester resides. In case the executed person is a foreigner, the request shall be certified by a competent authority or representative mission of the country of which the executed person is a citizen and translated into Vietnamese.

2. Within 3 working days after receiving a written request for receipt of the corpse for burial from a relative or representative of an executed person, the chief justice of the court that has issued the death sentence execution decision shall notify in writing its permission for or refusal to permit the receipt of the corpse for burial. In case of refusal, the reason therefor shall be clearly stated.

3. Three working days before the death sentence execution, the chief justice of the court that has issued the death sentence execution decision shall notify it in writing to the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone for settlement of the request for receipt of the corpse of the executed person for burial or for organization of the burial of the executed person.

4. If the chief justice of the court that has issued the decision to form the death sentence execution council permits the receipt of the corpse of the executed person, but in the course of organizing the death sentence execution, the death sentence execution council deems that the permission for receipt of the corpse poses a security or order risk, it shall decide not to permit the receipt and notify such in writing to the relatives of the executed person, and assign the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone to organize the burial and report it to the chief justice of the court that has issued the decision.

5. The criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall send a notice right after the death sentence execution to the corpse receipt requester to come to receive the corpse for burial. The delivery and receipt of the corpse shall be carried out by the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone within 24 hours after the notification. The delivery and receipt of the corpse shall be recorded in a minutes signed by the corpse delivering and receiving persons. Past this time limit, if the requester fails to receive the corpse, the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall bury the corpse.

6. If the relative or representative of the executed person wishes to receive the remains of the executed person and commits to paying cremation expenses, the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall deliver the corpse and assist in transporting it to the cremation place.

7. If the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone organizes the burial of the executed person, past 3 years after the date of sentence execution, a relative or representative of the executed person may send a written request for receipt of the remains of such person to the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone of the locality where the sentence execution was carried out. Such request must clearly state the full name and address of the person to receive the remains; his/her relationship with the executed person; and commitments to meeting security, order and environmental sanitation requirements and to paying all arising expenses. The request shall be certified by commune-level People’s Committee of the locality where the requester resides. In case the executed person is a foreigner, such request shall be certified by a competent authority or representative mission of the country of which such person is a citizen and translated into Vietnamese. Within 7 days after receiving such request, the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall consider and settle it.

Chapter V

EXECUTION OF SUSPENDED SENTENCE, CAUTION PENALTY AND NON-CUSTODIAL REFORM SENTENCE

Section 1

EXECUTION OF SUSPENDED SENTENCE

Article 84.Decision to execute a suspended sentence

1. A decision to execute a suspended sentence must clearly state the full name and position of its issuer; the judgment or ruling to be executed; name of the agency responsible for the execution; full name, date of birth and place of residence of the person entitled to the suspended sentence; imprisonment sentence and probation period to be served by such person; additional penalty(ies) other than fine; consequences of obligation breaches during the probation period under Clause 5, Article 65 of the Penal Code; commune-level People’s Committee or army unit assigned to supervise and educate such person.

2. Within 3 working days after issuing a suspended sentence execution decision, the court shall send it to the following individuals and agencies:

a/ The person entitled to the suspended sentence and his/her representative in case he/she is a minor;

b/ The same-level procuracy;

c/ The criminal judgment execution agency of the district-level Division of Public Security of the locality where there is the commune-level People’s Committee assigned to supervise and educate the person entitled to the suspended sentence or the criminal judgment execution agency of the military zone where such person works;

d/ The commune-level People’s Committee or army unit assigned to supervise and educate the person entitled to the suspended sentence;

dd/ The provincial-level Justice Department of the locality where the court that has issued the sentence execution decision is based.

Article 85.Execution of decisions to execute suspended sentences

1. Within 3 working days after receiving a suspended sentence execution decision, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall summon the person entitled to the suspended sentence or his/her representative in case he/she is a minor to the office of the commune-level People’s Committee of the locality where he/she resides or the army unit where he/she works to make a commitment to serving the sentence. Persons entitled to suspended sentences and their representatives shall show themselves up as summoned, unless they are unable to do so due toforce majeurecircumstances or objective obstacles. In case a person entitled to suspended sentence fails to show himself/herself up when summoned or fails to make a commitment, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall make a written record of his/her obligation breach.

2. Upon receiving a suspended sentence execution decision, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall make a sentence execution file and make copies thereof and send them to the commune-level People’s Committee or army unit assigned to supervise and educate the persons entitled to the suspended sentence. Such a file must comprise:

a/ The legally effective judgment;

b/ The decision to execute the suspended sentence;

c/ The commitment of the person entitled to the suspended sentence. If such person is between full 14 years and under 16 years old, his/her commitment must be certified by his/her representative;

d/ Other relevant documents.

3. Within 7 days after summoning a person entitled to the suspended sentence, the commune-level People’s Committee or army unit assigned to supervise and educate him/her shall make a file for his/her supervision and education. Such a file must comprise:

a/ Copies of the documents specified in Clause 2 of this Article;

b/ The written evaluation by the commune-level People’s Committee or army unit assigned to supervise and educate the person entitled to the suspended sentence of his/her obligation performance;

c/  The written self-assessment of the person entitled to the suspended sentence on his/her performance of the law observance obligation. In case he/she is subject to criticism under Article 91 of this Law, there must be his/her written self-criticism and a minutes of the criticism meeting;

d/ In case the persons entitled to the suspended sentence has been given a reduction of his/her probation period, there must be a court ruling thereon.

dd/ Other relevant documents.

4. Three days before the expiration of the probation period, the commune-level People’s Committee or army unit assigned to supervise and educate a person entitled to the suspended sentence shall hand over his/her supervision and education file to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone. On the last day of the probation period, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall grant a certificate of completion of the serving of the probation period. Such certificate shall be sent to the person entitled to the suspended sentence, commune-level People’s Committee or army unit assigned to supervise and educate him/her, and the court that has issued the sentence execution decision, same-level procuracy, and provincial-level Justice Department of the locality where such court is based.

5. In case a person entitled to the suspended sentence dies, the commune-level People’s Committee or army unit assigned to supervise and educate him/her shall notify his/her death to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for notification to the court that has issued the sentence execution decision. Within 3 working days after receiving such a notice, the court that has issued the sentence execution decision shall issue a decision to terminate the sentence execution and send it to the agencies specified at Points b, c, d and dd, Clause 2, Article 84 of this Law.

Article 86.Tasks of commune-level People’s Committees or army units assigned to supervise and educate persons entitled to suspended sentences

1. Commune-level People’s Committees assigned to supervise and educate persons entitled to suspended sentences have the following tasks and powers:

a/ To receive files and organize the supervision and education of such persons; to hand over these files to competent criminal judgment execution agencies defined by this Law;

b/ To request persons entitled to suspended sentences to fulfill their obligations; and to take measures to educate such persons and prevent them from committing illegal acts;

c/ To commend persons entitled to suspended sentences when they make marked improvements or record a merit;

d/ To permit persons entitled to suspended sentences to be absent from their places of residence in accordance with this Law and the residence law;

dd/ To coordinate with socio-political organizations, families of persons entitled to suspended sentences, and agencies or organizations where they work or study in supervising and educating them;

e/ To report to criminal judgment execution agencies of district-level Divisions of Public Security for requesting same-level courts to consider and rule on the reduction of the probation period for persons entitled to suspended sentences;

g/ To propose criminal judgment execution agencies of district-level Divisions of Public Security to carry out the procedures for requesting competent courts to compel persons entitled to suspended sentences who breach their obligations to serve the imprisonment penalty under the suspended sentences in accordance with this Law;

h/ To report to criminal judgment execution agencies of district-level Divisions of Public Security when persons entitled to suspended sentences abscond;

i/ To make monthly written evaluations of the sentence serving by persons entitled to suspended sentences and insert them in supervision and education files;

k/ To report to competent criminal judgment execution agencies on sentence execution results.

2. Commune-level offices of Public Security shall advise and directly assist their commune-level People’s Committees in performing the tasks and exercise the powers specified in Clause 1 of this Article.

3. Army units assigned to supervise and educate persons entitled to suspended sentences have the following tasks and powers:

a/ The tasks and powers specified at Points a, b, c, i and k, Clause 1 of this Article;

b/ To coordinate with commune-level People’s Committees in permitting persons entitled to suspended sentences to be absent from their places of residence in accordance with this Law and the residence law;

c/ To coordinate with families of persons entitled to suspended sentences and commune-level People’s Committees of localities where they reside in supervising and educating them;

d/ To report to military zone-level criminal judgment execution agencies for requesting regional military courts to consider and rule on the reduction of the probation period for persons entitled to suspended sentences;

dd/ To propose competent criminal judgment execution agencies to carry out the procedures for requesting competent courts to compel persons entitled to suspended sentences who breach their obligations to serve the imprisonment penalty under the suspended sentences in accordance with this Law;

e/ To report to military zone-level criminal judgment execution agencies when persons entitled to suspended sentences abscond.

Article 87.Obligations of persons entitled to suspended sentences

1. To show themselves up according to summons and make commitments to serving their sentences under Clause 1, Article 85 of this Law.

2. To strictly observe their commitments to abiding by law, fulfilling civic obligations, and observing internal rules and regulations of their places of residence or workplaces; to serve all additional penalties and fulfill compensation obligations, unless they are unable to do so for objective reasons as certified by competent state agencies.

3. To submit to the supervision and education by commune-level People’s Committees or army units assigned to supervise and educate them and by criminal judgment execution agencies of district-level Divisions of Public Security or of military zones of localities where they reside or work.

4. To abide by the provisions of Article 92 of this Law.

5. To show themselves up at the request of commune-level People’s Committees or army units assigned to supervise and educate them or criminal judgment execution agencies of district-level Divisions of Public Security or of military zones.

6. To make monthly written reports on their obligation performance to commune-level People’s Committees or army units assigned to supervise and educate them. In case of absence under Clause 1, Article 92 of this Law, upon the expiration of the permitted absence period, to report on their obligation performance.

Article 88.Working and learning activities of persons entitled to suspended sentences

1. A person entitled to a suspended sentence who is a cadre, civil servant, public employee, military officer, professional army man, non-commissioned officer, soldier, defense worker, police worker or another employee, if allowed to continue working at his/her employing agency or organization, may be assigned a job which meets supervision and education requirements, receive a wage and other benefits suitable to the job he/she performs, and his/her working period shall be included in his/her working or service time in accordance with law.

2. A person entitled to a suspended sentence who is admitted by a general education or vocational education institution is entitled to benefits under regulations of such institution.

3. A person entitled to a suspended sentence who does not fall into the cases specified in Clauses 1 and 2 of this Article may be assisted by the commune-level People’s Committee of the locality where he/she resides in finding a job.

4. A person entitled to a suspended sentence and eligible for preferential treatment in accordance with the law on preferential treatment toward persons with meritorious services to the revolution or to social insurance benefits is still entitled to such preferential treatment or benefits in accordance with law.

Article 89.Reduction of the probation period for persons entitled to suspended sentences

1. A proposal may be made for a person entitled to a suspended sentence to have his/her probation shortened when he/she fully satisfies the following conditions:

a/ Having served half of his/her probation period;

b/ Having strictly abided by law and performed his/her obligations during the probation period under Article 87 of this Law; having actively studied, worked, corrected his/her errors or recorded a merit in his/her work or in security and order protection activities and commended by a competent state agency.

2. A person entitled to a suspended sentence may be considered for reduction of between 1 month and 1 year of his/her probation period only once a year. If the remaining probation period is no more than 1 month, it may be remitted altogether. He/she may have his/her probation period shortened multiple times, provided he/she must actually serve three quarters of such period.

3. When a person entitled to a suspended sentence records a merit or gets a serious illness and fully satisfies the conditions prescribed in Clause 1 of this Article, the court may remit his/her remaining probation period.

4. In case a person entitled to a suspended sentence who has his/her probation period shortened but later breached his/her obligations prescribed in Article 87 of this Law and is compelled by the court to serve the imprisonment penalty under the suspended sentence, his/her shortened probation period may not be deducted from his/her imprisonment period.

Article 90.Procedures for reduction of the probation period for persons entitled to suspended sentences

1. A commune-level People’s Committee or an army unit assigned to supervise and educate a person entitled to a suspended sentence shall review his/her satisfaction of the conditions prescribed in Clause 1, Article 89 of this Law, and send a report thereon together with relevant documents for requesting the reduction of his/her probation period to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone.

2. Within 7 days after receiving such a report, the criminal judgment execution agency of the district-level Division of Public Security shall make a file and send a written request for reduction of the probation period for the eligible person to the court and same-level procuracy. If deeming that the conditions for making a file for reduction of the probation period are not fully satisfied, it shall notify such in writing to the commune-level People’s Committee assigned to supervise and educate the person entitled to suspended sentence.

Within 7 days after receiving such a report, the criminal judgment execution agency of the military zone shall make a file and send a written request for reduction of the probation period for the eligible person to the regional military court and procuracy. If deeming that the conditions for making a file for reduction of the probation period are not fully satisfied, it shall notify such in writing to the army unit assigned to supervise and educate the person entitled to suspended sentence.

3. A file of request for reduction of the probation period must comprise:

a/ A written request for reduction of the probation period for a person entitled to suspended sentence;

b/ A copy of the judgment. From the second-time reduction of the probation period on, a copy of the suspended sentence execution decision is required instead;

c/ A written request for reduction of the probation period, made by the commune-level People’s Committee or army unit assigned to supervise and educate the person entitled to suspended sentence;

d/ The commendation decision or certificate of merit issued by a competent agency, for a person entitled to suspended sentence who has been commended or recorded a merit; the written conclusion by a hospital at the provincial or military-zone level or higher level of the illness of the person entitled to suspended sentence, for a person entitled to suspended sentence who is suffering a serious illness;

dd/ A copy of the decision to shorten the probation period, for a person entitled to suspended sentence who has enjoyed probation period reduction(s).

4. Within 7 days after receiving a file of request for reduction of the probation period, the chief justice of the district-level court or regional military court of the locality where the person entitled to suspended sentence resides or works shall form a council and hold a meeting to consider and decide to shorten the probation period. Such a council must be composed of three judges. Such a meeting must be attended by a procurator of the same-level procuracy. If the file needs to be supplemented at the request of the court, the time limit for holding such meeting shall be counted from the date of receipt of the supplemented file.

5. Within 3 working days after issuing a decision to wholly or partially approve or reject the reduction of the probation period for a suspended sentence, the court shall send such decision to the sentenced person, same-level procuracy, immediate superior procuracy, agency that has requested the reduction of the probation period, court that has issued the suspended sentence entitlement decision, and provincial-level Justice Department of the locality where the court that has issued the suspended sentence entitlement decision is based.

Article 91.Criticism of persons entitled to suspended sentences

1. During the probation period, if a person entitled to a suspended sentence falls into one of the following cases, the commune-level People’s Committee or army unit assigned to supervise and educate him/her shall hold a criticism meeting:

a/ He/she breaches the obligation prescribed in Clause 2, 3, 4, 5 or 6, Article 87 of this Law and is later warned in writing but re-breaches such obligation;

b/ He/she has been sanctioned for an administrative violation.

2. The criticism of persons entitled to suspended sentences shall be recorded in a minutes to be inserted into their education and education files and reported to criminal judgment execution agencies of district-level Divisions of Public Security or of military zones.

Article 92.Settlement of cases where persons entitled to suspended sentences are absent from their places of residence or change their places of residence or workplaces

1. A person entitled to a suspended sentence may be absent from his/her place of residence for a plausible reason but shall ask for prior permission under Clause 2 of this Article and make a temporary absence declaration in accordance with the law on residence. A period of absence from the place of residence must not exceed 60 days and the aggregate period of absence must not exceed one third of the probation period, except for persons who get an illness and need medical treatment at medical establishments as prescribed by medical doctors, and their medical treatment period must be certified by such medical establishments.

2. When wishing to leave his/her place of residence, a person entitled to a suspended sentence shall ask for permission from the commune-level People’s Committee or army unit assigned to supervise and educate him/her. In case of refusal to give permission, the commune-level People’s Committee or army unit assigned to supervise and educate him/her shall reply in writing, clearly stating the reason. When arriving at a new place of residence, a person entitled to a suspended sentence shall report himself/herself to the commune-level office of public security of the locality where he/she comes to temporarily reside or stay. Upon the expiration of the temporary residence or stay period, he/she shall obtain certification from the commune-level People’s Committee or public security office of the locality where he/she has resided or stayed.

3. The settlement of cases where persons entitled to suspended sentences change their places of residence or workplaces shall be carried out under Article 68 of this Law.

4. Persons entitled to suspended sentences may not leave the country during their probation periods.

Article 93.Handling of breaches of persons entitled to suspended sentences

1. In case a person entitled to a suspended sentence breaches his/her obligations prescribed in Clause 1, Article 87 of this Law, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall make a written record of such breach, and concurrently request him/her to show himself/herself up within 7 days after such record is made. Upon the expiration of that time limit, if he/she fails to show himself/herself up, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall make a written record of such breach and request the district-level People’s Court of the locality where he/she resides or the regional military court of the locality where he/she works to compel him/her to serve the imprisonment penalty under his/her suspended sentence.

2. During the probation period, if a person entitled to a suspended sentence is criticized under Article 91 of this Law but later intentionally breaches his/her obligations although having been served a written caution, the commune-level office of public security shall propose the commune-level People’s Committee to report it to and request the criminal judgment execution agency of the district-level Division of Public Security to carry out the procedures for requesting a competent court to compel him/her to serve the imprisonment penalty under his/her suspended sentence.

3. Within 5 working day after receiving a report, the criminal judgment execution agency of the district-level Division of Public Security shall make a file of request for compulsory serving of the imprisonment penalty under the suspended sentence, then send it to the district-level People’s Court for consideration and decision, and concurrently to the same-level procuracy. Such a file must comprise:

a/ A written request of the criminal judgment execution agency of the district-level Division of Public Security;

b/ A report of the commune-level People’s Committee assigned to supervise and educate the person entitled to suspended sentence that he/she has committed the breach twice or more times;

c/ A written record of the obligation breach of the person entitled to suspended sentence;

d/ The decision on sanctioning of an administrative violation of the person entitled to suspended sentence in case he/she has been administratively sanctioned;

dd/ A minutes of the meeting of criticism on the person entitled to suspended sentence breaching his/her obligations;

e/ Other relevant documents.

4. During the probation period, if a person entitled to a suspended sentence supervised and educated by an army unit is criticized under Article 91 of this Law but intentionally relapses into breaching his/her obligations although having been served a written caution, such army unit shall make a written record of his/her breach and propose the criminal judgment execution agency of the military zone to carry out the procedures for requesting a competent court to compel him/her to serve the imprisonment penalty under his/her suspended sentence, and concurrently to the same-level military procuracy. Such a file must comprise:

a/ A written request of the criminal judgment execution agency of the military zone;

b/ A report of the army unit assigned to supervise and educate the person entitled to suspended sentence that he/she has committed the breach twice or more times;

c/ A written record of the obligation breach of the person entitled to suspended sentence;

d/ The decision on sanctioning of an administrative violation of the person entitled to suspended sentence in case he/she has been administratively sanctioned;

dd/ A minutes of the meeting of criticism on the person entitled to suspended sentence breaching his/her obligations;

e/ Other relevant documents.

5. Within 5 working days after receiving a file of request, the chief justice of the district-level people’s court or regional military court of the locality where the person entitled to suspended sentence resides or works shall form a council and hold a meeting to consider and decide to compel the serving of the imprisonment penalty under his/her suspended sentence. Such a council must be composed of three judges. Such a meeting must be attended by a procurator of the same-level people’s procuracy. In case the file needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented file.

Within 3 working days after making a ruling to compel the serving of the imprisonment penalty under the suspended sentence, the court shall send it to individuals and agencies specified in Clause 2, Article 84 of this Law.

6. Within 3 working days after the court ruling becomes legally effective, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall carry out the procedures for transferring the person compelled to serve the imprisonment penalty under his/her suspended sentence to the place for serving the imprisonment sentence. In case he/she absconds, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall carry out the procedures for requesting a competent criminal judgment execution agency to issue a pursuit warrant.

In case the court rejects the request for compulsory serving of the imprisonment penalty under the suspended sentence, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall insert the decision and relevant documents in the file of execution of the suspended sentence and notify the decision to the commune-level People’s Committee or army unit assigned to supervise and educate the person entitled to suspended sentence for continued supervision and education.

Article 94.Responsibilities to supervise and educate persons entitled to suspended sentences of their agencies, organizations and families

1. Related agencies and organizations shall coordinate with commune-level People’s Committees and army units in supervising and educating persons entitled to suspended sentences.

2. Families of persons entitled to suspended sentences shall coordinate with commune-level People’s Committees assigned to supervise and educate such persons in supervising and educating them, and report their sentence serving results to the latter when so requested; and shall attend meetings to criticize persons entitled to suspended sentences at the request of the commune-level People’s Committee or army unit assigned to supervise and educate such persons.

Section 2

EXECUTION OF CAUTION SENTENCES

Article 95.Execution of caution sentences

1. Within 7 days after a judgment becomes legally effective, the court that has conducted the first-instance trial shall send the judgment to the person subject to the caution penalty, criminal judgment execution agency of the district-level Division of Public Security or of the military zone, commune-level People’s Committee or army unit of the locality where he/she resides or works, and provincial-level Justice Department of the locality where the first-instance court is based.

2. Criminal judgment execution agencies of district-level Divisions of Public Security or of military zones shall carry out monitoring, statistics and reporting activities in accordance with this Law.

Section 3

EXECUTION OF NON-CUSTODIAL REFORM SENTENCES

Article 96.Non-custodial reform sentence execution decisions

1. A non-custodial reform sentence execution decision must clearly state the full name and position of the issuer; judgment to be executed; full name, date of birth and place of residence of the sentenced person; non-custodial reform sentence serving period; additional penalty(ies) other than fine; name of the agency in charge of execution; and commune-level People’s Committee or army unit assigned to supervise and educate the sentenced person.

2. Within 3 working days after issuing a non-custodial reform sentence execution decision, the court shall send it to the following individuals and agencies:

a/ The sentenced person and his/her representative in case of a sentenced person is a minor;

b/ The same-level procuracy;

c/ The criminal judgment execution agency of the district-level Division of Public Security of the locality where the sentenced person resides or the criminal judgment execution agency of the military zone where he/she works;

d/ The commune-level People’s Committee or army unit assigned to supervise and educate the sentenced person;

dd/ The provincial-level Justice Department of the locality where the court is based.

Article 97.Execution of non-custodial reform sentence execution decisions

1. Within 3 working days after receiving a non-custodial reform sentence execution decision, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall summon the sentenced person or his/her representative in case the sentenced person is a minor to the office of the commune-level People’s Committee of the locality where he/she resides or to the army unit where he/she works for making a commitment to serving the sentence. He/she or his/her representative shall show himself/herself up according to the summons, unless he/she is unable to do so due to aforce majeurecircumstance or an objective obstacle. In case he/she fails to show himself/herself up according to summons or to make a commitment, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall make a written record of his/her obligation breach.

2. Upon receiving a sentence execution decision, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall make a sentence execution file and send a copy thereof to the commune-level People’s Committee or army unit assigned to supervise and educate the sentenced person. Such a file must comprise:

a/ The legally effective court judgment or ruling;

b/ The sentence execution decision;

c/ The commitment of the sentenced person. For a sentenced person aged between full 14 years and under 16 years, his/her commitment must be certified by his/her representative;

d/ Other relevant documents.

3. Within 7 days after summoning a sentenced person, the commune-level People’s Committee or army unit assigned to supervise and educate him/her shall make a file for his/her supervision and education. Such a file must comprise:

a/ The documents specified in Clause 2 of this Article;

b/ Written remarks by the commune-level People’s Committee or army unit assigned to supervise and educate the sentenced person on his/her obligation performance;

c/ Written self-assessment of the sentenced person on his/her performance of the obligation to abide by law. In case the sentenced person is subject to criticism under Article 105 of this Law, there must be his/her written self-criticism and a minutes of the criticism meeting;

d/ In case of reduction of the non-custodial reform sentence serving period or exemption from serving the sentence, there must be a court ruling thereon;

dd/ Other relevant documents.

4. Three days before the expiration of the sentence serving period, the commune-level People’s Committee or army unit assigned to supervise and educate the sentenced person shall hand over the supervision and education file to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone. On the last day of the non-custodial reform sentence serving period, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall grant a certificate of completion of the serving of the non-custodial reform sentence. Such a certificate shall be sent to the sentenced person, commune-level People’s Committee or army unit assigned to supervise and educate him/her, court that has issued the judgment execution decision, same-level procuracy and provincial-level Justice Department of the locality where the court is based.

5. In case a sentenced person dies, the commune-level People’s Committee or army unit assigned to supervise and educate him/her shall send a notice of his/her death to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for further notification to the court that has issued the judgment execution decision. Within 3 working days after receiving the notice, the court that has issued the judgment execution decision shall issue a decision to terminate the judgment execution and send it to the agencies specified at Points b, c, d and dd, Clause 2, Article 96 of this Law.

Article 98.Tasks and powers of commune-level People’s Committees or army units assigned to supervise and educate persons serving non-custodial reform sentences

1. A commune-level People’s Committee assigned to supervise and educate a sentenced person has the following tasks and powers:

a/ To make a file for the sentenced person and organize his/her supervision and education; to hand over his/her file to a competent criminal judgment execution agency as defined by this Law;

b/ To request the sentenced person to fulfill his/her obligations; to take educational and preventive measures when he/she shows signs of violation;

c/ To commend the sentenced person when he/she shows improvements or records a merit;

d/ To permit the sentenced person to be absent from his/her place of residence in accordance with this Law and the law on residence;

dd/ To coordinate with socio-political organizations, his/her family and the agency or organization where the sentenced person works or studies in supervising and educating him/her;

e/ To report to the criminal judgment execution agency of the district-level Division of Public Security for the latter to request a competent court to consider reduction of the sentence serving period or exempting the sentenced person from serving his/her sentence;

g/ To coordinate with the civil judgment execution agency in deducting part of income of the sentenced person under a court ruling for remittance into the state budget;

h/ To organize the supervision of the sentenced person in performing a number of community services;

i/ To request a competent agency or person to administratively sanction or examine for penal liability the sentenced person in the case specified in Clause 2, Article 105 of this Law;

k/ To make monthly written remarks on the sentence serving by the sentenced person and insert them in his/her supervision and education file;

l/ To report to a competent criminal judgment execution agency on judgment execution results.

2. The commune-level office of public security shall advise and directly assist the commune-level People’s Committee in performing the tasks and exercising the powers prescribed in Clause 1 of this Article.

3. The army unit assigned to supervise and educate the sentenced person has the following tasks and powers:

a/ The tasks and powers prescribed at Points a, b, c, g, i, k and l, Clause 1 of this Article;

b/ To coordinate with the commune-level People’s Committee in granting permission for the sentenced person to be absent from his/her place of residence in accordance with this law and the law on residence;

c/ To coordinate with his/her family and the commune-level People’s Committee of the locality where the sentenced person resides in supervising and educating him/her;

d/ To report to the criminal judgment execution agency of the military zone for requesting a competent court to consider and decide to shorten the sentence serving period or exempt the sentenced person from serving his/her sentence.

Article 99.Obligations of sentenced persons

1. To show themselves up according to summons and make commitments to serving their sentences under Clause 1, Article 97 of this Law.

2. To strictly realize their commitments to abiding by law, fulfilling all their civic obligations, and observing internal rules and regulations of their places of residence or workplaces; to actively work and study; to fulfill compensation obligations and serve additional penalties under court judgments.

3. To remit the deducted amount of his/her income; to perform a number of community services in accordance with law.

4. To submit to the supervision and education by commune-level People’s Committees or army units and criminal judgment execution agencies of district-level Divisions of Public Security or of military zones where they reside or work.

5. To comply with Article 100 of this Law.

6. To show themselves up at the request of commune-level People’s Committees or army units assigned to supervise and educate them and of criminal judgment execution agencies of district-level Divisions of Public Security or of military zones.

7. To submit monthly written self-assessments on his/her sentence serving to commune-level People’s Committees or army units assigned to supervise and educate them, except the case specified in Clause 1, Article 100 of this Law.

Article 100.Permission for absence from places of residence or change of places of residence or workplaces of persons serving non-custodial reform sentences

1. A sentenced person may be absent from his/her place of residence for a plausible reason but shall ask for prior permission under Clause 1 of this Article and declare his/her temporary absence in accordance with the law on residence. Each period of absence from the place residence must not exceed 30 days and the aggregate period of absence must not exceed one third of the sentence serving period, except for persons who get ill and need medical treatment at a medical establishment as prescribed by medical doctors and his/her medical treatment must be certified by such medical establishment.

2. If wishing to be absent from his/her place of residence, a sentenced person shall make a written request for permission from the commune-level People’s Committee or army unit assigned to supervise and educate him/her. In case of refusal to give permission, the commune-level People’s Committee or army unit shall reply in writing, clearly state the reason. When arriving at the new place of residence, the sentenced person shall report himself/herself to the commune-level office of public security of the locality where they comes to temporarily reside or stay. Upon the expiration of the permitted temporary residence or stay period, the sentenced person shall obtain certification from the commune-level People’s Committee or office of public security of the locality where he/she resides or stays. In case the sentenced person commits an illegal act, the commune-level People’s Committee of the locality where he/she temporarily resides or stays shall send a notice of such illegal act enclosed with relevant documents to the commune-level People’s Committee or army unit assigned to supervise and educate him/her.

3. Permission for change of places of residence or workplaces in the army of sentenced persons must comply with Article 68 of this Law.

4. Sentenced persons may not leave the country during their sentence serving periods.

Article 101.Working and learning activities of sentenced persons

1. A sentenced person who is a cadre, civil servant, public employee, military officer or professional army man, non-commissioned officer, soldier, defense worker, public security worker or laborer, if allowed to continue working in his/her employing agency or organization, shall be assigned a job that meets supervision and education requirements and is entitled to wage and other benefits suitable to his/her job and have the period of performing this job included in his/her working or service time in accordance with law.

2. A sentenced person who is admitted into a general education or vocational education institution is entitled to benefits under regulations of such institution.

3. A sentenced person who does not fall into the cases specified in Clauses 1 and 2 of this Article may be assisted by the commune-level People’s Committee of the locality where he/she serves his/her sentence in seeking employment.

4. A sentenced persons eligible for preferential treatment applicable to people with meritorious services to the revolution or social insurance benefits may continue enjoying such preferential treatment or benefits in accordance with law.

5. A sentenced person who is unemployed or loses his/her job during the sentence serving period shall perform a number of community services.

Within 3 working days after a sentenced person is identified as being unemployed or having lost his/her job, the commune-level office of public security shall send a written report thereon to the same-level People’s Committee. Within 3 working days after receiving such a report, the commune-level People’s Committee shall report such to the criminal judgment execution agency of the district-level Division of Public Security.

Within 3 working days after receiving a report from the commune-level People’s Committee, the criminal judgment execution agency of the district-level Division of Public Security shall clearly state the type and period of community services which the sentenced person is expected to perform.

Based on the decision to compel the sentenced person to perform a number of community services, the commune-level People’s Committee shall assign him/her to perform such services under the supervision by the commune-level office of public security.

Article 102.Reduction of the non-custodial reform sentence serving period

1. A sentenced person may be considered by the district-level people’s court or regional military court for enjoying reduction of his/her non-custodial reform sentence serving period when fully satisfying the following conditions:

a/ Having served three quarters of his/her sentence term, or one quarter of his/her sentence term, if the sentenced person is a minor;

b/ Having strictly performed his/her obligations prescribed in Article 99 of this Law during the probation period; having learned and worked hard, mended his/her errors or recorded a merit in his/her work or protecting security or social order and safety and been commended by a competent state agency;

c/ Having compensated for part of his/her civic obligations in case he/she has to fulfill civic obligations.

2. A sentenced person may be considered for enjoying reduction of his/her sentence serving period once a year for between 3 and 9 months each time.

3. A sentenced person may enjoy reduction of his/her sentence serving period more than once, provided that he/she has served half of his/her sentence term, or two fifths of his/her sentence term, if he/she is a minor.

4. A sentenced person who has recorded a merit, is very old and weak or seriously ill and has served one quarter of his/her sentence term may be considered for reduction of his/her sentence serving period, with each reduction not exceeding 1 year, provided he/she must serve at least two fifths of his/her sentence term.

5. A sentenced minor who has recorded a merit or is seriously ill may be considered for reduction of his/her sentence term without any condition. If he/she has served two fifths of his/her sentence term, the remaining term may be remitted.

Article 103.Procedures for reduction of non-custodial reform sentence serving period

1. Commune-level People’s Committees or army units assigned to supervise and educate sentenced persons shall screen those fully satisfying the conditions for reduction of sentence serving periods, then send a written report thereon together with relevant documents for requesting reduction of their sentence serving periods to criminal judgment execution agencies of district-level Divisions of Public Security or of military zones.

2. Within 7 days after receiving such a report, the criminal judgment execution agency of the district-level Division of Public Security shall make a file and send a written request for reduction of the sentence serving period for an eligible person to the same-level court and procuracy. If deeming that the conditions for making a file for reduction of the sentence serving period are not satisfied, the criminal judgment execution agency of the district-level Division of Public Security shall notify such in writing to the commune-level People’s Committee assigned to supervise and educate the sentenced person.

Within 7 days after receiving such a report, the criminal judgment execution agency of the military zone shall make a file and send a written request for reduction of the sentence serving period for an eligible person to the regional military court and procuracy. If deeming that the conditions for making a file for reduction of sentence serving period are not satisfied, the criminal judgment execution agency of the military zone shall notify such in writing to the army unit assigned to supervise and educate the sentenced person.

3. A file of request for reduction of the sentence serving period must comprise:

a/ A written request for reduction of the sentence serving period of the sentenced person;

b/ A copy of the judgment. From the second-time reduction of the sentence serving period on, a copy of the judgment execution decision is required instead;

c/ A written request for reduction of the sentence serving period made by the commune-level People’s Committee or army unit assigned to supervise and educate the sentenced person;

d/ A commendation decision or certificate of merit issued by a competent agency to the sentenced person in case he/she has been commended or recorded a merit; written conclusions by a provincial-, military zone- or higher-level hospital on the illness of the sentenced person in case he/she is seriously ill; document(s) evidencing that the sentenced person has partially fulfilled his/her civic obligations;

dd/ A copy of the decision on reduction of the sentence serving period in case the sentenced person has previously had his/her sentence serving period reduced.

e/ Other relevant documents.

4. Within 7 days after receiving a file of request for reduction of the sentence serving period, the chief justice of a district-level court or regional military court of the locality where the sentenced person resides or works shall form a council and hold a meeting to consider and decide to reduce the non-custodial reform sentence serving period. Such a council must be composed of three judges. Such a meeting must be attended by a procurator of the same-level procuracy. If the file needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented file.

5. Within 3 working days after issuing a decision to wholly or partially approve or disapprove the reduction of the sentence serving period, the court shall send such decision to the sentenced person, same-level procuracy, immediate superior procuracy, agency that has requested the reduction of the sentence serving period, court that has issued the judgment execution decision and provincial-level Justice Department of the locality where the court issuing such decision is based.

Article 104.Procedures for exemption from serving non-custodial reform sentences

1. The district-level people’s procuracy or regional military procuracy of the locality where a sentenced person resides or works may, at its own initiative or at the request of the criminal judgment execution agency of the district-level Division of Public Security or of the military zone, consider and make a file to request the same-level court to consider exemption from serving the sentence. Such a file must comprise:

a/ A copy of the legally effective court judgment or ruling;

b/ A written request of the chief procurator of the procuracy;

c/ A written request of the criminal judgment execution agency in case this agency makes the request;

d/ A written request of the sentenced person or his/her lawful representative for exemption from serving the sentence;

dd/ A written certification by a competent agency that the sentenced person has recorded a merit; written conclusion by a provincial-, military zone- or higher level hospital on the illness of the sentenced person in case he/she is seriously ill; or written certification by a competent agency that the sentenced person has well abided by law and has a particularly difficult family circumstance.

2. Within 15 days after receiving a file prescribed in Clause 1 of this Article, the chief justice of the competent court shall form a council and hold a meeting to consider the exemption from serving the sentence. Such a council must be composed of three judges. Such a meeting must be attended by a procurator of the same-level procuracy. If the file needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented file.

3. Within 3 working days after issuing a decision on exemption from serving the sentence, the court shall send such decision to the sentenced person, same-level procuracy, immediate superior procuracy, court that has issued the judgment execution decision, same-level criminal judgment execution agency, commune-level People’s Committee or army unit assigned to supervise and educate the sentenced person, and provincial-level Justice Department of the locality where the court issuing such decision is based.

Article 105.Handling of violations of persons serving non-custodial reform sentences

1. In case a sentenced person intentionally breaches the obligations prescribed in Article 99 of this Law, the commune-level office of public security or army unit shall make a written record of his/her breach. In case such record has been made twice but the sentenced person continues breaching his/her obligations, the commune-level office of public security shall request the commune-level People’s Committee assigned to supervise and educate him/her to hold a meeting to criticize him/her. If the sentenced person is supervised and educated by an army unit, such army unit shall organize a meeting to criticize him/her.

Criticisms shall be recorded in a minutes to be inserted in the supervision and education file of the criticized person and reported to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone.

2. A sentenced person who has been criticized but still intentionally shirks his/her obligations prescribed in Article 99 of this Law may not be considered for reduction of his/her sentence serving period. Depending on the nature and seriousness of his/her breach(es), the commune-level People’s Committee or army unit assigned to supervise and educate him/her shall propose a competent agency or person to administratively sanction him/her or examine him/her penal liability.

Article 106.Responsibilities of agencies, organizations and families to supervise and educate persons serving non-custodial reform sentences

1. Related agencies and organizations shall coordinate with commune-level People’s Committees or army units in supervising and educating sentenced persons.

2. Families of sentenced persons shall coordinate with commune-level People’s Committees assigned to supervise and educate such persons in supervising and educating them and notify the latter of such persons’ sentence serving results when so requested; and attend meetings to criticize such persons at the request of commune-level People’s Committees or army units assigned to supervise and educate them.

Chapter VI

EXECUTION OF THE SENTENCE OF RESIDENCE BAN OR PROBATION SENTENCE

Section 1

EXECUTION OF THE SENTENCE OF RESIDENCE BAN

Article 107.Procedures for execution of the sentence of residence ban

1. At least 2 months before the expiration of the imprisonment sentence serving period, for an inmate subject to additional penalty of residence ban, the warden of the prison or detention camp or the head of the criminal judgment execution agency of the provincial-level Department of Public Security or of the military zone shall notify in writing the contents specified in Clause 1, Article 46 of this Law to the criminal judgment execution agencies of the district-level Divisions of Public Security of the locality where such inmate will reside and of the locality where he/she is banned from residence, and commune-level People’s Committees of the locality where such inmate will reside and of the locality where he/she is banned from residence.

2. Right after an inmate subject to additional penalty of residence ban completely serves his/her imprisonment sentence, the prison or detention camp and the criminal judgment execution agency of the district-level Division of Public Security of the locality or of the military zone where such inmate serves the sentence shall send a certificate of completion of the serving of imprisonment sentence, copies of the judgment and judgment execution decision to the criminal judgment execution agency of the district-level Division of Public Security of the locality where such inmate will reside.

3. Within 5 working days after receiving the documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level Division of Public Security of the locality where the inmate will reside shall make a file of execution of sentence of residence ban and send copies of such documents to the commune-level People’s Committee of the locality where such inmate will reside and commune-level People’s Committee of the locality where he/she is banned from residence. Such file must comprise:

a/ A copy of the legally effective court judgment or decision;

b/ A copy of the imprisonment sentence execution decision;

c/ A certificate of completion of the serving of imprisonment sentence;

d/ Other relevant documents.

4. Within 7 working days after receiving the documents specified in Clause 3 of this Article, the commune-level People’s Committee of the locality where the sentenced person will reside shall summon such person and request him/her to commit to serving the sentence, and make a file for supervision and education of such person. Such file must comprise:

a/ The documents specified in Clause 3 of this Article;

b/ Commitment of the sentenced person; remarks of the serving of the sentence of residence ban;

c/ A record of obligation breach of the sentenced person (if any);

d/ A decision on administrative sanctioning of the sentenced person (if any);

dd/ A court decision on exemption from the serving of the remainder of the residence ban period (if any);

e/ Other relevant documents.

5. At least 3 days before the expiration of the residence ban period, or within 3 days after receiving a court decision on exemption from the serving of the remainder of the residence ban period, the commune-level People’s Committee of the locality where the sentenced person resides shall hand over the file for supervision and education of the sentenced person to the criminal judgment execution agency of the district-level Division of Public Security for grant of a certificate of completion of the serving of the sentence of residence ban. This certificate shall be sent to the sentenced person, commune-level People’s Committee of the locality where the sentenced person will reside and commune-level People’s Committee of the locality where he/she is banned from residence, the court that has issued the judgment execution decision, and provincial-level Department of Justice of the locality where the criminal judgment execution agency of the district-level Division of Public Security granting the certificate is based.

6. In case a sentenced person dies, the commune-level People’s Committee of the locality where he/she resided shall send a notice to the criminal judgment execution agency of the district-level Division of Public Security for subsequent notification to the court that has issued the judgment execution decision. Within 3 working days after receiving the notice, the court shall issue a decision on termination of judgment execution and send it to the criminal judgment execution agency of the district-level Division of Public Security and same-level procuracy, commune-level People’s Committee of the locality where such person resided and commune-level People’s Committee of the locality where he/she was banned from residence, and provincial-level Department of Justice of the locality where the court that has issued the judgment execution decision is based.

Article 108.Tasks and powers of commune-level People’s Committees where sentenced persons will reside

1. Commune-level People’s Committees where sentenced persons will reside have the following tasks and powers:

a/ To receive files, and organize the supervision and education of sentenced persons; to create conditions for them to work and study normally;

b/ To summon sentenced persons for notifying judgment execution; to inform sentenced persons of their rights and obligations and regulations related to the sentence serving;

c/ To give written remarks for and archive file of the serving of the sentence of residence ban when the sentenced persons move to other places of residence;

d/ To request sentenced persons to make commitments and fulfill their obligations; to take education and preventive measures when sentenced persons show signs of violation;

dd/ To report to criminal judgment execution agencies of district-level Divisions of Public Security for the latter to request competent courts to consider exemption from the serving of the remainder of the residence ban period for sentenced persons;

e/ To report judgment execution results to competent criminal judgment execution agencies.

2. Commune-level Public Security offices shall advise or directly assist commune-level People’s Committees in performing the tasks and exercising the powers defined in Clause 1 of this Article.

Article 109.Rights and obligations of persons serving the sentence of residence ban

1. Persons serving the sentence of residence ban have the following rights:

a/ When having plausible reasons and getting approval of commune-level People’s Committees of localities where they are banned from residence, they may come to such localities; their stay periods shall be decided by commune-level People’s Committees of localities where they come to stay but must not exceed 5 days for each stay;

b/ When fully satisfying law-prescribed conditions, to be considered by commune-level People’s Committees of localities where they reside for exemption from the serving of the residence ban period in accordance with this Law.

2. Persons serving the sentence of residence ban have the following obligations:

a/ To refrain from residing in localities where they are banned from residence, except the case specified at Point a, Clause 1 of this Article;

b/ To strictly fulfill their law observance commitments;

c/ To show themselves up at the request of commune-level People’s Committees of localities where they reside.

Article 110.Procedures for exemption from the serving of the remainder of the residence ban period

1. When a person serving the sentence of residence ban fully satisfies the conditions prescribed in Clause 6, Article 62 of the Penal Code, the commune-level People’s Committee of the locality where he/she resides shall send a report to the criminal judgment execution agency of the district-level Division of Public Security for making a file requesting the same-level court to consider exemption from the serving of the remainder of the residence ban period and sending a copy thereof to the same-level procuracy. Such file must comprise:

a/ A copy of the legally effective court judgment or decision; a copy of the judgment execution decision;

b/ A written request of the commune-level People’s Committee;

c/ A written request of the criminal judgment execution agency of the district-level Division of Public Security;

d/ A written request for exemption from the sentence serving, made by the person banned from residence;

dd/ Other relevant documents.

2. Within 15 days after receiving the file mentioned in Clause 1 of this Article, the chief justice of the competent court shall set up a council and hold a meeting to consider and decide on exemption from the serving of the remainder of the residence ban period. Such council shall be composed of 3 judges. Such meeting shall be attended by a procurator of the same-level procuracy. In case the file needs to be supplemented at the court’s request, the time limit for holding the meeting shall be counted from the date of receipt of the supplemented file.

3. Within 3 working days after issuing a decision on exemption from the serving of the remainder of the residence ban period, the court shall send such decision to the sentenced person, same-level procuracy, immediate superior procuracy, court that has issued the judgment execution decision, same-level criminal judgment execution agency, commune-level People’s Committees of the locality where such person resides and of the locality where he/she is banned from residence, and provincial-level Department of Justice of the locality where the court that has issued the decision on exemption from the sentence serving is based.

Article 111.Handling of persons serving the sentence of residence ban who breach their obligations

1. In case a sentenced person comes to stay in a locality without permission or stays in a locality for a period longer than the permitted period, the head of the commune-level Public Security office or chairperson of the commune-level People’s Committee shall impose an administrative sanction on the sentenced person according to his/her competence, compel the sentenced person to leave the locality, and notify such to the commune-level People’s Committee of the locality where the sentenced person resides.

2. In case a sentenced person fails to perform the obligations specified at Points b and c, Clause 2, Article 109 of this Law, he/she will not be entitled to consideration for exemption from the serving of the remainder of the residence ban period.

Section 2

EXECUTION OF THE PROBATION SENTENCE

Article 112.Procedures for execution of the probation sentence

1. At least 2 months before the expiration of the imprisonment sentence serving period, for an inmate subject to additional penalty of probation, the warden of the prison shall notify in writing the contents specified in Clause 1, Article 46 of this Law to the criminal judgment execution agency of the district-level Division of Public Security and commune-level People’s Committee of the locality where such inmate will reside for the serving of probation sentence.

2. When an inmate subject to additional penalty of probation completely serves his/her imprisonment sentence, the prison shall transfer him/her together with copies of the judgment and judgment execution decision, certificate of completion of the serving of imprisonment sentence, remarks of results of the serving of imprisonment sentence, and relevant documents to the criminal judgment execution agency of the district-level Division of Public Security at the office of the commune-level People’s Committee of the locality where he/she will reside. This criminal judgment execution agency shall immediately transfer him/her to the commune-level People’s Committee for supervision and education.

3. Within 5 working days after receiving a sentenced person, the criminal judgment execution agency of the district-level Division of Public Security shall make a file of execution of probation sentence and send copies of relevant documents to the commune-level People’s Committee of the locality where he/she will reside. Such file must comprise:

a/ A copy of the legally effective court judgment or decision;

b/ A copy of the imprisonment sentence execution decision;

c/ A certificate of complete serving of imprisonment sentence;

d/ A written record of transfer of the person subject to probation;

dd/ Documents on the serving of imprisonment sentence and other relevant documents.

4. Within 7 days after receiving the documents specified in Clause 3 of this Article, the commune-level People’s Committee of the locality where a sentenced person resides shall summon and request him/her to make a commitment to serving the sentence, and make a file for supervision and education of such person. Such file must comprise:

a/ The documents specified in Clause 3 of this Article;

b/ Commitment of the sentenced person;

c/ Remarks of the serving of probation sentence;

d/ A written record of obligation breach of the sentenced person (if any);

dd/ A decision on administrative sanctioning of the sentenced person (if any);

e/ A court decision on exemption from the serving of the remainder of the probation period (if any);

g/ Other relevant documents.

5. At least 3 days before the expiration of the probation period, or within 3 days after receiving a court decision on exemption from the serving of the remainder of the probation period, the commune-level People’s Committee shall hand over the file for supervision and education of the sentenced person to the criminal judgment execution agency of the district-level Division of Public Security for grant of a certificate of completion of the serving of probation sentence. Such certificate shall be sent to the sentenced person, commune-level People’s Committee of the locality where he/she resides, the court that has issued the judgment execution decision, and provincial-level Department of Justice of the locality where the criminal judgment execution agency of the district-level Division of Public Security granting the certificate is based.

6. In case the sentenced person dies, the commune-level People’s Committee of the locality where he/she resided shall send a notice to the criminal judgment execution agency of the district-level Division of Public Security for subsequent notification to the court that has issued the judgment execution decision. Within 3 working days after receiving the notice, the court shall issue a decision on termination of the judgment execution and send it to the criminal judgment execution agency of the district-level Division of Public Security and same-level procuracy, commune-level People’s Committee of the locality where such person resided, and provincial-level Department of Justice of the locality where the court that has issued the judgment execution decision is based.

Article 113.Tasks and powers of commune-level People’s Committees of localities where persons serving the probation sentence come to reside

1. Commune-level People’s Committees of localities where persons serving the probation sentence come to reside have the following tasks and powers:

a/ To receive sentenced persons and file for probation sentence execution; to organize the supervision and education of sentenced persons; to create conditions for sentenced persons to work and study normally in places of probation; to give written remarks and archive files of their sentence serving;

b/ To summon sentenced persons to be informed of the judgment execution, and of their rights and obligations and regulations related to the sentence serving;

c/ To request sentenced persons to make commitments and fulfill their obligations; to take education and prevention measures when these persons show signs of violation; to summon persons subject to probation when necessary; to grant permits for sentenced persons to leave places of probation under Article 115 of this Law;

d/ To give remarks of sentenced persons’ sentence serving once every 3 months and send them to criminal judgment execution agencies of district-level Divisions of Public Security;

dd/ To report to criminal judgment execution agencies of district-level Divisions of Public Security for the latter to request competent courts to consider exemption from the serving of the remainder of the probation period for sentenced persons;

e/ To report judgment execution results to the competent criminal judgment execution agency.

2. Commune-level Public Security offices shall advise or directly assist commune-level People’s Committees in performing the tasks and exercising the powers defined in Clause 1 of this Article.

Article 114.Rights and obligations of persons serving the probation sentence

1. Sentenced persons have the following rights:

a/ To live together with their families in places of probation;

b/ To choose appropriate jobs, except those which they are prohibited from doing as prescribed by law; to enjoy their labor fruits;

c/ To freely travel within communes, wards or townships of probation;

d/ To be considered for exemption from the serving of the remainder of the probation period under Article 117 of this Law.

2.  Sentenced persons have the following obligations:

a/ To submit to the supervision and education by commune-level People’s Committees and local people; to refrain from leaving places of probation of their own freewill;

b/ In the first week of a month, to show up at and report on the observance of regulations on probation to commune-level People’s Committees of places of probation;

c/ To show up at prescribed places when summoned by commune-level People’s Committees or give plausible reasons for their absence;

d/ To strictly observe policies, laws and regulations of local administrations; to actively work, study and reform themselves to become useful to the society;

dd/ To declare their temporary absence if permitted to leave places of probation; to show up, produce permits to, and carry out procedures for temporary residence or stay registration with, commune-level Public Security offices of localities of destination under regulations; to return to places of probation within the prescribed time limit and show up at commune-level People’s Committees.

Article 115.Settlement of cases in which persons serving the probation sentence leave places of probation

1. When having plausible reasons, sentenced persons may be granted a permit for leaving places of probation. The competence to grant such permit is prescribed as follows:

a/ Chairpersons of commune-level People’s Committees of localities of probation shall grant permits for travel within district-level administrative units of localities of probation;

b/ Heads of criminal judgment execution agencies of district-level Divisions of Public Security shall grant permits for travel within provincial-level administrative units of localities of probation;

c/ Heads of criminal judgment execution agencies of provincial-level Departments of Public Security shall grant permits for travel outside provincial-level administrative units of localities of probation.

2. The period during which sentenced persons may leave places of probation shall be decided by persons competent to grant permits but must not exceed 10 days. In case a sentenced person has to receive medical treatment, such period is the medical treatment period.

Article 116.Handling of obligation-breaching persons serving the probation sentence

1. In case a sentenced person breaches his/her obligations specified in Clause 2, Article 114 of this Law, the commune-level Public Security office shall make a record of breach and archive it in the judgment execution file.

2. For a person serving probation sentence who leaves the place of probation without permit or violates the regulations stated in the permit without a plausible reason, the period during which he/she is absent from the place of probation shall not be included in the probation sentence serving period.

Persons serving the probation sentence who breach their obligations specified in Clause 2, Article 114 of this Law shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability.

Article 117.Procedures for exemption from the serving of the remainder of the probation period

1. When a person serving probation sentence fully satisfies the conditions prescribed in Clause 6, Article 62 of the Penal Code, the commune-level People’s Committee of the place of probation shall send a report to the criminal judgment execution agency of the district-level Division of Public Security for the latter to make a file requesting the same-level court to consider exemption from the serving of the remainder of the probation period, and concurrently to the same-level procuracy. Such file must comprise:

a/ A copy of the legally effective court judgment or decision; a copy of the imprisonment sentence execution decision;

b/ A written request of the commune-level People’s Committee of the place of probation;

c/ A written request of the criminal judgment execution agency of the district-level Division of Public Security;

d/ A written request for exemption from the serving of the sentence, made by the person serving probation sentence;

dd/ Other relevant documents.

4. Within 15 working days after receiving the file prescribed in Clause 1 of this Article, the chief justice of the competent court shall form a council and hold a meeting to consider and decide on exemption from the serving of the remainder of the probation period. Such council shall be composed of 3 judges. Such meeting shall be attended by a procurator of the same-level procuracy. In case the file needs to be supplemented at the court’s request, the time limit for holding the meeting shall be counted from the date of receipt of the supplemented dossier.

3. Within 3 working days after issuing a decision on exemption from the serving of the remainder of the probation period, the court shall send such decision to the sentenced person, same-level procuracy, immediate superior procuracy, court that has issued the judgment execution decision and same-level criminal judgment execution agency, commune-level People’s Committee of the place of probation, and provincial-level Department of Justice of the locality where the court having issued the decision on exemption from the serving of the sentence is based.

Chapter VII

EXECUTION OF THE EXPULSION SENTENCE

Article 118.Decisions on execution of the expulsion sentence

1. In case expulsion is a principal penalty or an additional penalty in case fine is a principal penalty, the court that has conducted the first-instance trial shall issue a judgment execution decision. This decision must state the full name and position of the decision issuer; executable judgment; full name, date of birth, and place of residence of the sentenced person; additional penalty(ies); and name(s) of agency(ies) responsible for implementing the decision.

2. In case expulsion is an additional penalty, a judgment execution decision must state the principal penalty and additional penalty, except the case specified in Clause 1 of this Article.

Article 119.Notification of execution of the expulsion sentence

1. In case of issuing a decision on execution of expulsion sentence under Clause 1, Article 118 of this Law, the court shall immediately send such decision to the criminal judgment execution agency of the provincial-level Department of Public Security and same-level procuracy, and provincial-level Department of Justice of the locality where the court that has issued the decision is based. The criminal judgment execution agency of the provincial-level Department of Public Security shall serve the decision on execution of the expulsion sentence to the sentenced person and immediately notify it to the Ministry of Foreign Affairs of Vietnam, diplomatic mission or consular office of the country of which the sentenced person is a citizen or representative office of the international organization for which he/she works, and agency or organization that has provided guarantee for him/her to enter Vietnam. In case the sentenced person is currently in detention, such decision shall be sent to the detention camp and criminal judgment execution agency of the district-level Division of Public Security of the locality where such person is currently detained for the latter to serve it to the sentenced person.

2. In case an inmate is subject to expulsion as an additional penalty under Clause 2, Article 118 of this Law, at least 2 months before the expiration of the imprisonment sentence serving period, the prison warden shall send a notice to such inmate and criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the prison is based. This agency shall notify such to the Ministry of Foreign Affairs of Vietnam, diplomatic mission or consular office of the country of which the inmate is a citizen or representative office of the international organization for which he/she works, and agency or organization that has provided guarantee for him/her to enter Vietnam.

Article 120.Files for execution of the expulsion sentence

1. Criminal judgment execution agencies of provincial-level Departments of Public Security shall make files for execution of the expulsion sentence.

2. A file for execution of the expulsion sentence must comprise:

a/ A copy of the legally effective judgment; the decision on execution of the expulsion sentence or a copy of the decision on execution of the imprisonment sentence in case expulsion is an additional penalty;

b/ A copy of passport or substitute paper of the sentenced person;

c/ A certificate of completion of the serving of the penalty or fulfillment of other obligations;

d/ Other relevant documents.

Article 121.Stay pending exit

1. Pending his/her exit, a sentenced person shall stay at a place designated by the criminal judgment execution agency of the provincial-level Department of Public Security.

2. The criminal judgment execution agency of provincial-level Department of Public Security shall transfer the person subject to the expulsion sentence to an accommodations establishment of the Ministry of Public Security if he/she:

a/ Has no place of permanent residence or temporary residence;

b/ Illegally enters Vietnam or commits a serious crime, very serious crime or particularly serious crime;

c/ Leaves the designated accommodation establishment without permission or fails to abide by management and supervision measures of competent agencies;

d/ Commits a violation or there is a ground to believe that he/she is likely to commit a violation while awaiting exit;

dd/ Absconds or prepares to abscond or commits another act that obstructs the execution of the expulsion sentence;

e/ Suffers a group-A infectious disease as prescribed by the Law on Prevention and Control of Infectious Diseases;

g/ Voluntarily asks to be admitted to the accommodation establishment.

3. Procedures for transfer of a person subject to expulsion sentence to an accommodation establishment:

a/ In case the sentenced person is out on bail, the criminal judgment execution agency of the provincial-level Department of Public Security shall escort him/her to the accommodation establishment;

b/ In case the sentenced person is currently detained, after receiving the judgment execution decision, the detention camp and criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she is detained shall transfer him/her to the criminal judgment execution agency of the provincial-level Department of Public Security for escorting him/her to the accommodation establishment;

c/ When the inmate subject to expulsion as an additional penalty has completely served his/her imprisonment sentence, the prison shall transfer him/her to the criminal judgment execution agency of the provincial-level Department of Public Security for escorting him/her to the accommodation establishment.

4. In case a sentenced person dies while awaiting exit, the designated accommodation establishment shall immediately notify such to the criminal judgment execution agency of the provincial-level Department of Public Security, investigation body and competent procuracy for identifying the cause of the death. The criminal judgment execution agency of the provincial-level Department of Public Security shall send a notice or facsimile to the court that has issued the expulsion sentence execution decision, the Ministry of Foreign Affairs of Vietnam, diplomatic mission or consular office of the country of which the inmate is a citizen or representative office of the international organization for which he/she works, and agency or organization that has provided guarantee for him/her to enter Vietnam. After obtaining permission of a competent agency, the criminal judgment execution agency of the provincial-level Department of Public Security shall organize a burial. In case a relative or lawful representative of the deceased person wishes to receive the corpse or ash for burial and bear expenses therefor, the criminal judgment execution agency of the provincial-level Department of Public Security shall consider and settle the case.

5. The Government shall prescribe in detail regulations on meal, accommodations, daily-life activities, visit, and medical examination and treatment for persons serving the expulsion sentence during their stay in accommodation establishments, and burial expenses for persons serving expulsion sentence who die in accommodation establishments.

Article 122.Settlement of cases in which persons serving the expulsion sentence abscond

1. When a sentenced person absconds, the designated accommodation establishment shall make a written record and immediately send a notice to the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where it is based. The criminal judgment execution agency of the provincial-level Department of Public Security shall, after receiving the notice, immediately organize the pursuit. In case the pursuit fails, within 7 days after the sentenced person absconds, the criminal judgment execution agency of the provincial-level Department of Public Security shall issue a pursuit warrant.

2. In case the absconding sentenced person gives himself/herself up, the agency that receives him/her shall make a written record and send a notice to the criminal judgment execution agency of the provincial-level Department of Public Security for the latter to receive and transfer him/her to the accommodation establishment.

Article 123.Compelling sentenced persons to leave Vietnam’s territory

1. When it is time for a person serving expulsion sentence to leave Vietnam’s territory, the criminal judgment execution agency of the provincial-level Department of Public Security shall coordinate with a competent immigration agency in checking his/her identity card and escort him/her to the place of exit and compel him/her to leave Vietnam’s territory. The sentenced person may bring along his/her lawful assets upon leaving Vietnam’s territory. Within 10 days after completely executing the expulsion sentence, the criminal judgment execution agency of the provincial-level Department of Public Security shall notify such execution to the court that has issued the judgment execution decision, same-level procuracy, and National Center for Criminal Records.

2. The court that has issued the judgment execution decision is competent to decide on prolongation of the time limit for a sentenced person to leave Vietnam’s territory when he/she:

a/ Is seriously ill or receiving emergency aid and unable to move, as certified by a provincial- or higher-level health establishment or hospital;

b/ Has to serve another sentence or perform another obligation as prescribed by Vietnam’s law;

c/ Has a plausible reason for being unable to leave Vietnam’s territory, as certified by the head of the criminal judgment execution agency of the provincial-level Department of Public Security.

3. Within 3 working days after issuing a decision on prolongation of the time limit for a sentenced person to leave Vietnam’s territory, the court shall send such decision to the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where the court is based and same-level procuracy.

Article 124.Expulsion expenses

Persons serving expulsion sentence shall bear airway, road, railway or seaway transport expenses for leaving Vietnam’s territory. If they are unable to pay such expenses, criminal judgment execution agencies of provincial-level Departments of Public Security shall coordinate with immigration agencies in requesting diplomatic missions or consular offices of the countries of which such persons are citizens or representative offices of international organizations for which such persons work, and agencies or organizations that have provided guarantee for them to enter Vietnam to pay such expenses. If the requested entities are unable to pay the expenses, while it is necessary to immediately expel such persons for national security reasons, heads of criminal judgment execution agencies of provincial-level Departments of Public Security shall report the situation to the Criminal Judgment Execution Management Agency of the Ministry of Public Security for the latter to decide on the use of state budget funds to pay such expenses.

Chapter VIII

EXECUTION OF THE SENTENCE OF DEPRIVATION OF CERTAIN CIVIC RIGHTS

Article 125.Procedures for execution of the sentence of deprivation of certain civic rights

1. At least 2 months before the expiration of the imprisonment sentence serving period, for an inmate subject to the deprivation of certain civic rights as an additional penalty, the warden of the prison or detention camp or head of the criminal judgment execution agency of the provincial-level Department of Public Security in case the inmate serves the sentence at the criminal judgment execution agency of the district-level Division of Public Security shall send a notice of the contents specified in Clause 1, Article 46 of this Law to the commune-level People’s Committee, criminal judgment execution agency of the district-level Division of Public Security, district-level procuracy, and provincial-level Department of Justice of the locality where he/she comes to reside.

2. Right after the inmate completely serves his/her imprisonment sentence, the prison or detention camp, and criminal judgment execution agency of the district-level Division of Public Security of the locality or the military zone where he/she serves the sentence shall send a certificate of completion of the serving of imprisonment sentence, a copy of the judgment, and a copy of the judgment execution decision to the criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she comes to reside.

3. Within 5 working days after receiving the documents mentioned in Clause 2 of this Article, the criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she comes to reside shall make a file on execution of the sentence of deprivation of certain civic rights, and send a notice to the commune-level People’s Committee of the locality where he/she comes to reside. Such file must comprise:

a/ A copy of the legally effective court judgment; a copy of the imprisonment sentence execution decision;

b/ A certificate of completion of the serving of imprisonment sentence;

c/ Other relevant documents.

4. In case a person serving the sentence of deprivation of certain civic rights is entitled to suspended sentence, after receiving the judgment or judgment execution decision from the court that has issued the judgment execution decision, the criminal judgment execution agency of the district-level Division of Public Security shall make a file and send a notice to the agency where the sentenced person worked and commune-level People’s Committee of the locality where he/she resided.

5. The criminal judgment execution agency of the district-level Division of Public Security of the locality where the person subject to deprivation of certain civic rights comes to reside shall monitor and supervise the sentence execution under the court judgment; and provide a list of persons subject to deprivation of certain civic rights at the request of competent agencies and units.

Upon the expiration of the sentence serving period, the criminal judgment execution agency of the district-level Division of Public Security shall issue a certificate of completion of the serving of the sentence of deprivation of certain civic rights. This certificate shall be sent to the sentenced person, commune-level People’s Committee of the locality where he/she resided, court that has issued the judgment execution decision, and provincial-level Department of Justice of the locality where the criminal judgment execution agency of the district-level Division of Public Security that has issued the certificate is based.

6. In case the sentenced person dies, the commune-level People’s Committee of the locality where he/she resided shall notify such to the criminal judgment execution agency of the district-level Division of Public Security for subsequent notification to the court that has issued the judgment execution decision. Within 3 working days after receiving the notice, the court shall issue a judgment execution termination decision and send it to the criminal judgment execution agency of the district-level Division of Public Security, same-level procuracy, commune-level People’s Committee of the locality where he/she resided, and provincial-level Department of Justice of the locality where the court that has issued the judgment execution decision is based.

Article 126.Deprivation of the right to stand for delegates to state competent agencies

During the period they are deprived of the right to stand for delegates to state competent agencies, sentenced persons may not stand for delegates to state competent agencies.

Article 127.Deprivation of the right to work in state agencies

1. During the period they are they are deprived of the right to work in state agencies, sentenced persons may not sit recruitment exams for or continue working in state agencies.

2. In case sentenced persons who are cadres, civil servants or public employees in state agencies are deprived of the right to work in state agencies, their agencies shall issue or propose competent agencies to issue decisions forcing them to stop working or suspending them from working during the period they are deprived of the right to work in state agencies.

Article 128.Deprivation of the right to serve in people’s armed forces

1. During the period they are deprived of the right to serve in people’s armed forces, sentenced persons may not register for military service, sit recruitment exams, or continue working as civil servants, public employees or defense workers in the People’s Army, or sit recruitment exams or continue their service in the People’s Public Security forces.

2. In case sentenced persons who are army men, civil servants, public employees or defense workers in the People’s Army or serving in agencies and units of the People’s Public Security are deprived of the right to serve in people’s armed forces, their agencies or units shall issue or propose competent agencies to issue decisions forcing them to leave people’s armed forces.

Chapter IX

EXECUTION OF THE SENTENCE OF PROHIBITION FROM HOLDING CERTAIN POSITIONS, PRACTICING CERTAIN PROFESSIONS OR DOING CERTAIN JOBS

Article 129.Procedures for execution of the sentence of prohibition from holding certain positions, practicing certain professions or doing certain jobs

1. At least 2 months before the expiration of the imprisonment sentence serving period, for an inmate subject to prohibition from holding certain positions, practicing certain professions or doing certain jobs as an additional penalty, the warden of the prison or detention camp, and head of the criminal judgment execution agency of the provincial-level Department of Public Security of the locality where he/she is serving the imprisonment sentence shall send a notice of sentence execution to the commune-level People’s Committee, criminal judgment execution agency of the district-level Division of Public Security, district-level procuracy of the locality where he/she comes to reside, criminal judgment execution agency, and military zone-level military procuracy of the locality where the inmate’s military unit is based.

2. Right after the inmate completely serves his/her imprisonment sentence, the prison or detention camp, and criminal judgment execution agency of the provincial-level Department of Public Security shall send a certificate of completion of the serving of imprisonment sentence, a copy of the judgment, and a copy of the judgment execution decision to the provincial-level Department of Justice, criminal judgment execution agency of the district-level Division of Public Security, district-level people’s procuracy of the locality where he/she comes to reside, criminal judgment execution agency, and military zone-level military procuracy of the locality where the inmate’s military unit is based.

3. Within 5 working days after receiving the documents mentioned in Clause 2 of this Article, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall make a file on execution of the sentence of prohibition from holding certain positions, practicing certain professions or doing certain jobs and send a notice to the commune-level People’s Committee of the locality where the inmate comes to reside and his/her military unit. Such file must comprise:

a/ A copy of the legally effective court judgment; a copy of the imprisonment sentence execution decision;

b/ A certificate of completion of the serving of imprisonment sentence;

c/ Other relevant documents.

4. In case a person subject to prohibition from holding certain positions, practicing certain professions or doing certain jobs as an additional penalty has to serve a principal penalty of caution, fine, non-custodial reform, or imprisonment sentence while enjoying suspended sentence, the period during which he/she is prohibited from holding certain positions, practicing certain professions or doing certain jobs shall be counted from the date the judgment takes legal effect. The court that has issued the judgment execution decision shall send the judgment and such decision to the provincial-level Department of Justice, criminal judgment execution agency of the district-level Division of Public Security, district-level people’s procuracy of the locality where he/she resides, criminal judgment execution agency, and military procuracy of the military zone where his/her agency is based. The criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall, when receiving the judgment execution decision, make a file and send a notice to the agency, organization or military unit where the sentenced person works, and commune-level People’s Committee of the locality where he/she resides.

5. The criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall monitor and supervise his/her execution of the sentence of prohibition from holding certain positions, practicing certain professions or doing certain jobs under the court judgment. During the sentence serving period, if detecting that the sentenced person holds a position, practices a profession or does a job which he/she is prohibited from doing, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall notify such to his/her agency or organization for the latter to compel him/her to strictly serve the sentence.

6. Upon the expiration of the sentence serving period, the criminal judgment execution agency of the district-level Division of Public Security or of the military zone shall issue a certificate of completion of the serving the sentence of prohibition from holding certain positions, practicing certain professions or doing certain jobs. This certificate shall be sent to the sentenced person, commune-level People’s Committee of the locality where he/she resides, agency, organization or military unit where he/she works, court that has issued the judgment execution decision, and provincial-level Department of Justice of the locality where the criminal judgment execution agency of the district-level Division of Public Security that has issued the certificate is based.

7. In case the sentenced person dies, the commune-level People’s Committee of the locality where he/she resided or military unit where he/she worked shall notify such to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone for subsequent notification to the court that has issued the judgment execution decision. Within 3 working days after receiving the notice, the court shall issue a judgment execution termination decision and send it to the criminal judgment execution agency of the district-level Division of Public Security or of the military zone, same-level procuracy, commune-level People’s Committee of the locality where he/she resided, military unit where he/she worked, and provincial-level Department of Justice of the locality where the court that has issued the judgment execution decision is based.

Article 130.Obligations of persons serving the sentence of prohibition from holding certain positions, practicing certain professions or doing certain jobs

1. To report on the positions, professions or jobs they are prohibited from holding, practicing or doing to the agencies or organizations where they work and commune-level People’s Committees of localities where they reside.

2. To refrain from continuing or refuse to hold the positions, practice the professions or do the jobs they are prohibited from holding, practicing or doing.

3. To refrain from standing for candidates to the positions they are prohibited from holding.

4. In case they no longer work in agencies or organizations or move to work for other agencies or organizations, to report such to commune-level People’s Committees of localities where they reside.

5. To show up when summoned by competent agencies with regard to matters related to their sentence serving.

Article 131.Responsibilities for execution of the sentence of prohibition from holding certain positions, practicing certain professions or doing certain jobs

1. Agencies or organizations where sentenced persons work have the following responsibilities:

a/ To issue or propose competent authorities to issue decisions to dismiss sentenced persons from the positions they are prohibited from holding and publicize such within the agencies or organizations;

b/ To refrain from nominating, promoting, appointing or assigning sentenced persons to the positions, jobs or professions they are prohibited from holding, practicing or holding;

c/ To report judgment execution results to criminal judgment execution agencies of district-level Divisions of Public Security or of military zones;

d/ To inform agencies or organizations to which sentenced persons are transferred to work of the fact that such persons are serving the sentence; these agencies or organizations shall implement the provisions of Points a, b and c of this Clause.

2. Commune-level People’s Committees of localities where sentenced persons reside have the following responsibilities:

a/ To publicize judgments at places where sentenced persons come to reside;

b/ To report judgment execution results to criminal judgment execution agencies of district-level Divisions of Public Security;

c/ In case sentenced persons move to new places of residence, to inform commune-level People’s Committees of such places of the fact that such persons are serving sentences. These commune-level People’s Committees shall implement the provisions of Points a and b of this Clause.

Chapter X

EXECUTION OF JUDICIAL MEASURES

Section 1

GENERAL PROVISIONS ON EXECUTION OF JUDICIAL MEASURES

Article 132.Decisions on application of judicial measures

1. A decision on application of a judicial measure must comprise:

a/ The court’s or procuracy’s decision on application of the judicial measure of compulsory medical treatment;

b/ The court judgment or decision on application of the judicial measure of education at a reformatory.

2. A decision on application of a judicial measure must state the name of the decision-issuing agency and full name and position of the decision-issuing person; full name, date of birth and place of residence of the person serving the judicial measure; and name of the agency responsible for implementing the decision.

3. The agency that has issued the decision on application of a judicial measure shall, within 3 working days, send it to:

a/ The person serving the judicial measure or his/her representative;

b/ The procuracy at the same level with the court, in case the decision is issued by the court;

c/ The criminal judgment execution agency of the district-level Division of Public Security of the locality where the person serving the judicial measure resides;

d/ The mental illness treatment establishment, in case of compulsory medical treatment;

dd/ The agency that requests the court or procuracy to apply the judicial measure of compulsory medical treatment.

Article 133.Agencies and organizations assigned to execute judicial measures

1. Medical examination and treatment establishments assigned to provide compulsory treatment of mental illnesses shall provide medical examination and treatment for persons subject to the judicial measure of compulsory medical treatment.

2. Reformatories shall execute the judicial measure of education at a reformatory.

Article 134.Tasks and powers of procuracies in execution of judicial measures

1. Tasks and powers of procuracies in the application and execution of judicial measures must comply with the provisions of this Chapter.

2. Procuracies shall supervise the law observance by agencies, organizations and individuals in the execution of judicial measures in accordance with this Law and other relevant laws.

Article 135.Assurance of conditions for execution of judicial measures

1. The State shall ensure physical foundations and funds for the execution of judicial measures.

2. The State shall encourage agencies, organizations, individuals and families to participate in the education of persons subject to the judicial measure of education at a reformatory.

Section 2

EXECUTION OF THE JUDICIAL MEASURE OF COMPULSORY MEDICAL TREATMENT

Article 136.Competence to request application of the judicial measure of compulsory medical treatment, files for transfer of persons to compulsory medical treatment establishments

1. The competence to request the application of the judicial measure of compulsory medical treatment is prescribed as follows:

a/ The agency that is settling a criminal case in the investigation stage may request the same-level procuracy to apply the judicial measure of compulsory medical treatment;

b/ Prisons, detention camps or criminal judgment execution agencies of provincial-level Departments of Public Security in the judgment execution stage may request provincial-level people’s courts or military zone-level military courts of localities where inmates are serving their sentences to apply the judicial measure of compulsory medical treatment.

2. The agency requesting the application of the judicial measure of compulsory medical treatment shall make a file for transfer of a sentenced person to a compulsory medical treatment establishment. Such file must comprise:

a/ The procuracy’s or court’s decision on application of the judicial measure of compulsory medical treatment;

b/ Conclusions of the Forensic Psychiatry Examination Council;

c/ Resume of the person serving the judicial measure of compulsory medical treatment;

d/ Other relevant documents.

3. In case the procuracy or court decides of its own free will to apply the judicial measure of compulsory medical treatment, it shall make a file and request the agency that is settling the criminal case in the investigation stage or prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security in the judgment execution stage to transfer the sentenced person to a compulsory medical treatment establishment.

Article 137.Transfer of sentenced persons to compulsory medical treatment establishments

1. Right after receiving a decision on application of the judicial measure of compulsory medical treatment, the agency that is settling the criminal case in the investigation stage or prison, detention camp or criminal judgment execution agency of the district-level Division of Public Security in the judgment execution stage shall transfer the person subject to compulsory medical treatment together with his/her file to the mental illness treatment establishment designated under the procuracy’s or court’s decision and, at the same time, send a copy of such decision to the Criminal Judgment Execution Management Agency of the Ministry of Public Security or Ministry of National Defense.

2. The mental illness treatment establishment designated by the procuracy or court shall receive the person subject to compulsory medical treatment together with his/her file, and make a handover record. The agency responsible for transferring the person subject to compulsory medical treatment to a mental illness treatment establishment shall notify his/her family or relative of the location of such establishment.

Article 138.Medical treatment of persons subject to compulsory medical treatment

1. Mental illness treatment establishments shall manage, and provide medical treatment for, persons subject to compulsory medical treatment and avoid discrimination against them.

2. During the period of compulsory medical treatment, relatives of persons subject to compulsory medical treatment may visit and coordinate in taking care of such persons and shall observe regulations on visit and care of mental illness treatment establishments.

3. In case a person subject to compulsory medical treatment absconds, the mental illness treatment establishment shall make a record and immediately notify such to the agency that requests the application of the judicial measure of compulsory medical treatment and his/her family for coordination in pursuing and bringing him/her back to the mental illness treatment establishment.

4. Medical treatment expenses shall be paid from the state budget by agencies that request the application of the judicial measure of compulsory medical treatment or procuracies or courts that decide of their own free will on the application of the judicial measure of compulsory medical treatment.

Article 139.Termination of the execution of the judicial measure of compulsory medical treatment

1. When the health of a person subject to compulsory medical treatment has recovered, the head of the mental illness treatment establishment shall notify such to the agency that requests the application of the judicial measure of compulsory medical treatment for the latter to request the medical examination council to conduct the examination of his/her illness.

Based on the medical examination council’s conclusion stating that the health of the person subject to compulsory medical treatment has recovered, the agency that requests application of the judicial measure of compulsory medical treatment shall request the court or procuracy that has issued the decision on application of the judicial measure of compulsory medical treatment to issue a decision on termination of the execution of this judicial measure.

2. The court or procuracy that has issued the decision on termination of the execution of the judicial measure of compulsory medical treatment shall send such decision to the agency that requests the application of the judicial measure of compulsory medical treatment for the latter to notify such to the mental illness treatment establishment and his/her relative.

3. After receiving the termination decision, the agency that requests the application of the judicial measure of compulsory medical treatment shall come to receive the person subject to compulsory medical treatment. The handover of such person shall be stated in a record, which must state the period of medical treatment at the mental illness treatment establishment.

Article 140.Settlement of cases in which persons subject to compulsory medical treatment die

1. In case a person subject to compulsory medical treatment dies, the head of the mental illness treatment establishment shall immediately notify such to the investigation body and competent procuracy for identifying the cause of the death, and notify such to the deceased person’s relative and agencies defined in Clauses 1 and 3, Article 136 of this Law.

2. After obtaining permission of the investigation body and competent procuracy, the mental illness treatment establishment shall organize a burial. Burial expenses shall be covered by the state budget. In case a relative of the deceased person wishes to receive the corpse for burial and bear expenses therefor, the mental illness treatment establishment shall allow him/her to do so. The organization of burial must ensure security, order and environmental sanitation.

Section 3

EXECUTION OF THE JUDICIAL MEASURE OF EDUCATION AT A REFORMATORY

Article 141.Procedures for execution of the judicial measure of education at a reformatory

1. Within 3 working days after issuing a judgment or decision on application of the judicial measure of education at a reformatory, the court shall send such judgment or decision to the person subject to this measure or his/her representative and criminal judgment execution agency of the district-level Division of Public Security of the locality where the under-18 person resides.

2. Within 3 working days after receiving the court judgment or decision, the criminal judgment execution agency of the district-level Division of Public Security of the locality where the under-18 persons resides shall report such to the Criminal Judgment Execution Management Agency of the Ministry of Public Security for the latter to issue a decision on transfer of such person to a reformatory.

3. Within 3 working days after receiving the report from the criminal judgment execution agency of the district-level Division of Public Security, the Criminal Judgment Execution Management Agency of the Ministry of Public Security shall issue a decision on transfer of the under-18 person to a reformatory and send such decision to the criminal judgment execution agency of the district-level Division of Public Security.

4. Within 5 working days after receiving the decision from the Criminal Judgment Execution Management Agency of the Ministry of Public Security, the criminal judgment execution agency of the district-level Division of Public Security shall make a file and transfer the under-18 person to a reformatory. Such file must comprise:

a/ A copy of the legally effective court judgment or decision;

b/ The decision on transfer of the under-18 person to a reformatory;

c/ The resume of the under-18 person, certified by the commune-level People’s Committee;

d/ The personal identification record of the under-18 person;

dd/ Other relevant documents.

5. When receiving persons subject to the judicial measure of education at a reformatory (below referred to as students), the rector of the reformatory shall check the students’ files and make a handover record, and organize health check-ups for students. Within 5 working days after receiving the students, the rector of the reformatory shall notify the receipt of students to the latter’s representatives.

Article 142.Postponement or suspension of the serving of the judicial measure of education at a reformatory

1. An under-18 person may be entitled to postponement of the serving of the judicial measure of education at a reformatory in the following cases:

a/ He/she is seriously ill, undergoing emergency aid or unable to move for another health reason, as certified by a district- or higher-level health establishment;

b/ He/she has another plausible reason as certified by the head of the criminal judgment execution agency of the district-level Division of Public Security.

2. In case of postponement of the serving of the judicial measure of education at a reformatory, the criminal judgment execution agency of the district-level Division of Public Security shall carry out procedures for requesting the court that has issued the decision on application of this measure to consider and decide on the postponement. A file for postponement of the serving of the judicial measure of education at a reformatory must comprise:

a/ A written request for the postponement, made by the person subject to the judicial measure of education at a reformatory or his/her representative;

b/ Conclusions of the district- or higher-level health establishment on the illness of the person subject to the judicial measure of education at a reformatory;

c/ A letter of guarantee provided by the representative of the person subject to the judicial measure of education at a reformatory, certified by the local administration.

3. In case a student of a reformatory is seriously ill, the rector of the reformatory shall make a file and send a written request to the district-level court of the locality where the reformatory is based for considering and deciding on the suspension of the serving of the judicial measure of education at a reformatory. A file for suspension of the serving of the judicial measure of education at a reformatory must comply with Clause 2 of this Article.

4. Within 5 working days after receiving the request, the chief justice of the district-level court shall consider and decide on suspension of the serving of the judicial measure of education at a reformatory.

5. Within 3 working days after issuing a decision on postponement or suspension of the serving of the judicial measure of education at a reformatory, the court shall send it to:

a/ The person subject to the judicial measure of education at a reformatory or his/her representative;

b/ The criminal judgment execution agency of the district-level Division of Public Security that has requested the application of the judicial measure of education at a reformatory;

c/ The same-level procuracy;

d/ The court that has issued the decision on application of the measure of education at a reformatory, in case of suspension.

6. When the reason for postponement or suspension of the application of the judicial measure of education at a reformatory no longer exists, the criminal judgment execution agency of the district-level Division of Public Security of the locality where the person subject to application of this measure resides shall notify such to the court that has issued the decision on application of this measure and transfer such person to the reformatory.

Article 143.Settlement of cases in which persons subject to the judicial measure of education at a reformatory abscond

1. In case a person for whom a decision on application of the judicial measure of education at a reformatory has been issued absconds, the criminal judgment execution agency of the district-level Division of Public Security of the locality where he/she resides shall issue a decision on pursuit and bring him/her back to the reformatory, and report implementation results to the Criminal Judgment Execution Management Agency of the Ministry of Public Security.

2. When detecting that the absconding person subject to the judicial measure of education at a reformatory is being pursued, the individual, family, agency or organization shall inform such or arrest and bring him/her to the Public Security agency or People’s Committee of the nearest place. When receiving and detaining such person, the Public Security agency shall make a record and immediately bring him/her to the reformatory.

Article 144.Management of students

1. Students are subject to the supervision and management by officers and teachers of reformatories and shall strictly observe rules of reformatories.

2. Depending on the age, gender, health status, educational level, and nature and severity of violations of students, reformatories shall divide students into teams, classes and groups and assign teachers to directly take charge of them.

3. In case a student absconds, the rector of the reformatory shall issue a decision on pursuit and organize the pursuit. The period during which a student absconds shall not be included in the period of the serving of the judicial measure of education at a reformatory. During the arrest, if the student commits an act of opposition, a necessary coercion measure may be applied in accordance with law. People’s Committees and Public Security agencies at all levels shall coordinate with one another in pursuing and arresting the absconding student. The person who detects the pursued student shall immediately notify such or directly arrest and bring him/her to the Public Security agency or People’s Committee of the nearest place.

When arresting the absconding student or receiving him/her, the Public Security agency shall make a record, take testimonies, detain and manage him/her, and immediately send a notice to the reformatory that has issued the pursuit decision. When receiving the notice, the reformatory shall immediately assign an officer to receive and bring the student back to the reformatory. The handover of the absconding student shall be stated in a record. The detention period shall be included in the period of the serving of the judicial measure of education at a reformatory.

Article 145.Execution of orders on transfer of students

1. When receiving a written request from a competent proceeding-conducting body or person for transfer of a student, the Criminal Judgment Execution Management Agency of the Ministry of Public Security shall issue a transfer order.

2. When it is necessary to transfer a student to meet education requirements or for medical examination and treatment, the rector of the reformatory shall issue a transfer order.

3. The contents of a transfer order must comply with Clause 4, Article 40 of this Law.

4. The agency that requests transfer of a student shall bring the transferred student from and back to the reformatory within the time limit stated in the transfer order; a handover record shall be made. Expenses for travel and accommodations of the transferred student shall be covered by the state budget, except the case where the student is brought home for medical treatment under Clause 2, Article 151 of this Law.

The transfer period shall be included in the period of the serving of the judicial measure of education at a reformatory.

Article 146.Regimes on learning of literacy skills, vocational education, job training and labor

1. Students of reformatories are entitled to learn literacy skills, and receive vocational education or job training under programs developed by the Ministry of Education and Training, Ministry of Public Security or Ministry of Labor, Invalids and Social Affairs.

For those who have not yet reached primary or lower secondary education universalization, learning of literacy skills is compulsory. For other students, learning activities shall be organized depending on their ability and practical conditions.

2. Apart from time for learning, students shall participate in labor activities organized by reformatories. Reformatories shall assign jobs to students depending on their age and health status to ensure their normal physical development, and may not assign hard, dangerous and hazardous jobs for students.

The labor period of students must not be longer than the learning period. The labor and learning period must not exceed 7 hours a day and 35 hours a week.

Labor fruits of students shall be used for their daily-life and learning activities and added to the community integration fund and reward fund for students.

3. Students are not required to work on Saturdays, Sundays and public holidays as prescribed by law.

4. Expenses for purchase of student books, notebooks and learning aids shall be covered by the state budget.

Article 147.Testing, assessment and ranking of students, organization of exams

1. Reformatories shall organize tests, assessment and ranking of students and organize exams for students upon the end of a semester or school year, transfer to higher education grades, or selection of gifted students, or exams of other forms.

2. Marks, learning records, dossiers and forms related to learning history of students shall be made according to forms provided by the Ministry of Education and Training.

3. Certificates of literacy skills or job training certificates granted by reformatories to students are as valid as certificates granted by general education institutions or vocational education institutions.

Article 148.Regimes on participation in cultural, art and recreation activities

Apart from the time for learning literacy skills, and for job training and labor activities, students may participate in cultural and art and physical training and sports activities, read books and newspapers, watch television and participate in other recreation activities organized by reformatories.

Article 149.Regimes on meals and clothes of students

1. Students are entitled to quantitative norms in terms of rice, vegetables, meat, fish, sugar, fish sauce, cooking oil, seasoning, salt, and fuel.

On public holidays prescribed by law, students are entitled to additional meals which must not exceed 5 times the standard food ration for normal days.

Students are entitled to hygienic meals and drinks. Meals for ill, diseased or injured students shall be prescribed by physicians.

2. Annually, students shall be allocated clothes, blankets, sedge mats, mosquito nets and other personal articles; female students shall be additionally allocated necessary articles for personal hygiene.

3. The Government shall detail this Article.

Article 150.Regimes on accommodations and personal articles of students

1. Depending on gender, age and personal characteristics of, and nature and extent of crimes committed by, students, reformatories shall arrange appropriate accommodations and places for their daily-life activities in collective rooms. Rooms must be airy in summer and airtight in winter and satisfy the environmental sanitation requirements. The area of a lying place for a student must be at least 2.5 m².

2. Students shall be provided with beds or floors with sedge mats and may use their personal articles, except those banned from use in reformatories. Reformatories shall lend or provide necessary articles for daily-life activities of students.

Article 151.Regimes on health care for students of reformatories

1. Students are entitled to periodical health checkups; those who are ill, diseased or injured may receive medical treatment in health establishments of reformatories; if the illness, disease or injury is serious and falls beyond the treatment capacity of health establishments of reformatories, rectors of reformatories shall decide to bring students to state health establishments for medical treatment. Medical examination and treatment expenses shall be paid by reformatories.

2. Medical examination and treatment expenses prescribed in Clause 1 of this Article shall be covered by the state budget. Expenses for drug detoxification and HIV/AIDS treatment for students must comply with the Ministry of Finance’s regulations. For students who are entitled to be absent from classes for receiving medical treatment at home, their families shall pay medical examination and treatment expenses.

3. The Government shall detail this Article.

Article 152.Procedures for settling cases in which students die

In case a student dies, the rector of the reformatory shall immediately notify such to the investigation body and district-level people’s procuracy of the locality where the reformatory is based for identifying the cause of the death and, at the same time, to the deceased person’s relative.

After being allowed by the investigation body and procuracy to organize the burial, the reformatory shall do so and report such to the Criminal Judgment Execution Management Agency of the Ministry of Public Security and the court that has issued the decision on application of the judicial measure of education at a reformatory. Expenses for burial shall be covered by the state budget. In case the deceased person’s relative wishes to receive the corpse for burial and bear expenses therefor, the reformatory shall allow him/her to do so. The organization of burial must ensure security, order and environmental sanitation.

Article 153.Regimes on meeting with relatives, contacts, and receipt of gifts for students of reformatories

1. Students may meet their relatives at reception places of reformatories and shall strictly comply with rules on meeting with relatives.

2. Students may send and receive mails, gifts being cash or other things, except liquor, beer, cigarettes and other stimulants, and banned cultural products. Reformatories shall check mails and gifts before students send or receive them. Students who have money or valuable papers shall deposit them at reformatories for management and use under regulations of reformatories.

Article 154.Early termination of the serving of the judicial measure of education at a reformatory

For a student who has served half of the period of the serving of the judicial measure of education at a reformatory, shown a positive attitude in study and working activities, and well observed the rules of the reformatory, the rector of the reformatory shall request the district-level people’s court of the locality where the reformatory is based to consider and decide on early termination of the period of the serving of the judicial measure of education at a reformatory. The court that has issued the decision on early termination of such period shall send it to the student, reformatory, the court that has issued the decision on application of this measure and same-level procuracy, Criminal Judgment Execution Management Agency of the Ministry of Public Security, and the student’s representative. Right after receiving the decision, the rector of the reformatory shall carry out procedures for the student to leave the reformatory.

Article 155.Commendation, and handling of violations of students

1. Students who strictly observe law and rules of reformatories, and have study results classified as “good” or better or record merits shall be commended under decisions of rectors of reformatories in one or more of the following forms:

a/ Praising students, or offering certificates of merit or gifts to them;

b/ Sending students to excursions organized by reformatories.

2. Students who breach disciplines in study or labor activities or commit other acts violating rules of reformatories shall, depending on the nature and severity of their violations, be disciplined under decisions of rectors of reformatories in one of the following forms:

a/ Reprimand;

b/ Caution;

c/ Specialized education in separate rooms for no more than 5 days;

Students subject to specialized education shall write a self-criticism report and read it before groups or classes of students.

3. Decisions on commendation or handling of violations shall be included in students’ files.

Article 156.Procedures for students to leave reformatories

1. At least 2 months before a student completes the serving of the judicial measure of education at a reformatory, the rector of the reformatory shall send a notice of the date of leaving the reformatory to the commune-level People’s Committee of the locality where such student comes to reside and his/her family.

2. On the last day of the period of the serving of the judicial measure of education at a reformatory, the rector of the reformatory shall grant a certificate of completion of the serving of the judicial measure of education at a reformatory to the student leaving the reformatory and send it to the Criminal Judgment Execution Management Agency of the Ministry of Public Security, the court that has issued the decision on application of this measure, and commune-level People’s Committee of the locality where such student comes to reside.

3. Before leaving reformatories, students shall return the articles lent by reformatories; they may receive back money, valuable papers, assets and articles deposited at reformatories, and receive certificates of literacy skills or job learning; and have expenses for travel and meals during the trips to their places of residence paid. Upon the expiration of the period of the serving of the judicial measure of education at a reformatory, if a student shows no progress, the rector of the reformatory shall make a separate paper of remarks and propose subsequent education measures and send it to the commune-level People’s Committee and criminal judgment execution agency of the district-level Division of Public Security of the locality where the student comes to reside.

4. For a student who has completed the serving of the judicial measure of education at a reformatory whose parent and place of residence are unidentifiable, the reformatory shall contact the commune-level People’s Committee of the locality where the reformatory is based to request support and arrangement of meals, accommodations, jobs and learning for him/her.

5. For an under-16 student or an ill student who has no one coming to pick him/her up on the date he/she is entitled to leave the reformatory, the reformatory shall assign an officer to deliver the student to his/her family or commune-level People’s Committee of the locality where the student comes to reside.

6. Within 10 days after leaving the reformatory, a student who has completed serving of the judicial measure of education at a reformatory shall show up at the office of commune-level People’s Committee of the locality where he/she comes to reside.

Article 157.Expenses for execution of the judicial measure of education at a reformatory

1. Expenses for execution of the judicial measure of education at a reformatory shall be covered by the state budget. The Criminal Judgment Execution Management Agency of the Ministry of Public Security shall formulate annual state budget estimates of expenses for the execution of this measure, and include them in its annual state budget estimates for the Ministry of Public Security to send them to the Ministry of Finance for consideration and submission to a competent authority for decision.

2. Reformatories may receive material assistance from local People’s Committees, domestic agencies, organizations and individuals, and foreign individuals and organizations for organizing the teaching of literacy skills, and vocation education and job training activities, and purchasing learning aids and daily-life articles for students.

Chapter XI

JUDGMENT EXECUTION AGAINST COMMERCIAL LEGAL PERSONS

Article 158.Agencies assigned to execute judgments

1. Criminal judgment execution agencies of provincial-level Departments of Public Security or military zone-level criminal judgment execution agencies shall execute the penalties and judicial measures prescribed in Articles 78 thru 81, and at Points b and c, Clause 1, Article 82, of the Penal Code in accordance with this Law.

2. Civil judgment execution agencies shall collect fines prescribed in Article 77, and execute the judicial measure prescribed at Point a, Clause 1, Article 82, of the Penal Code in accordance with the law on enforcement of civil judgments.

Article 159.Judgment execution decisions

1. A judgment execution decision must state the full name and position of the decision issuer; executable judgment or decision; criminal judgment execution agency; name, address, enterprise identification number and tax identification number; principal penalty, additional penalty, and judicial measure; and period of serving the sentence.

2. Within 3 working days after issuing a judgment execution decision, the court shall send it to:

a/ The sentenced commercial legal person;

b/ The criminal judgment execution agency of the provincial-level Department of Public Security or military zone-level criminal judgment execution agency;

c/ The same-level procuracy;

d/ The provincial-level Department of Justice of the locality where the court’s head office is based;

dd/ The National Business Registration Portal.

Article 160.Judgment execution procedures

1. Sentenced commercial legal persons shall carry out the following procedures:

a/ When summoned by criminal judgment execution agencies for notifying and requesting execution of penalties or judicial measures, their at-law representatives must be present, except inforce majeureevents or external obstacles;

b/ Within 3 working days after receiving judgment execution decisions, to publicly post such decisions on their websites and publications and publicly display them at their head offices and business locations during the period of serving sentences; to notify the serving of penalties or judicial measures to related agencies, organizations and individuals;

c/ If subject to operation suspension, to suspend their operation in one or more of the fields under legally effective court judgments or rulings;

d/ If subject to operation termination, to immediately terminate their operation in one, several or all of the fields under legally effective court judgments or rulings;

dd/ If subject to prohibition from doing business or operating in certain fields, to refrain from doing business or operating in the prohibited fields within the period stated in court judgments or rulings. To stop doing business or operating on the effective date of court judgments or rulings;

e/ If subject to prohibition from raising capital, to refrain from taking one or more of the forms of capital raising within the period stated in court judgments or rulings. To refrain from raising capital from the effective date of court judgments or rulings;

g/ If subject to the judicial measure of forced restoration to the original state or forced implementation of measures to remediate or prevent further possible consequences, to execute legally effective court judgments or rulings;

h/ To send written reports on the serving of the penalties or judicial measures under legally effective court judgments or rulings to criminal judgment execution agencies and state management agencies in charge of commercial legal persons;

i/ To carry out other procedures as prescribed by relevant laws.

2. Criminal judgment execution agencies shall carry out the following procedures:

a/ Upon receiving judgment execution decisions, to immediately publicly post them on their websites and summon at-law representatives of commercial legal persons for notifying and requesting judgment execution. In case at-law representatives of commercial legal persons who have been properly summoned do not show up, to make a record of the absence and continue organizing the judgment execution;

b/ Within 5 working days after receiving judgment execution decisions, to send a written request to state management agencies in charge of commercial legal persons for implementing one or more of the measures specified in Article 164 of this Law;

c/ To assume the prime responsibility for, and coordinate with state management agencies in charge of commercial legal persons and other related agencies in, examining and supervising the judgment execution by commercial legal persons;

d/ To issue decisions on coerced judgment execution in accordance with this Law; to assume the prime responsibility for, and coordinate with state management agencies in charge of commercial legal persons and other related agencies and organizations in, coercing the judgment execution against commercial legal persons in accordance with this Law and other relevant laws;

dd/ To issue certificates of completion of the serving of penalties or judicial measures, and publicize and send them under Article 166 of this Law;

e/ To carry out other procedures in accordance with law.

3. State management agencies in charge of sentenced commercial legal persons shall carry out the following procedures:

a/ To implement the measures specified in Article 164 of this Law upon receiving written requests together with copies of judgment execution decisions from criminal judgment execution agencies, and notify implementation results to criminal judgment execution agencies;

b/ To immediately publicly post on their portals or websites and the National Business Registration Portal judgment execution decisions, measures applied to commercial legal persons specified in Article 164 of this Law, and certificates of completion of the serving of sentences or judicial measures;

c/ To coordinate with criminal judgment execution agencies and other related agencies in inspecting and supervising commercial legal persons in serving their sentences;

d/ To coordinate with criminal judgment execution agencies and other related agencies and organizations in coercing the judgment execution against commercial legal persons in accordance with this Law and other relevant laws;

dd/ To carry out other procedures in accordance with law.

4. The Government shall detail this Article.

Article 161.Judgment execution files

Criminal judgment execution agencies of provincial-level Departments of Public Security or military zone-level criminal judgment execution agencies shall compile judgment execution files for commercial legal persons. Such a file must comprise:

1. The legally effective court judgment or decision;

2. The judgment execution decision;

3. The summons to the at-law representative of the commercial legal person;

4. The criminal judgment execution agency’s written request for the state management agency in charge of the commercial legal person to perform its tasks and exercise its powers during the judgment execution;

5. A notice of the state management agency in charge of the commercial legal person addressed to the criminal judgment execution agency on the compliance with requests in judgment execution and the serving of the sentence by the commercial legal person;

6. A report of the commercial legal person on the serving of the sentence;

7. A document showing the publicization of information about judgment execution as prescribed by this Law;

8. The judgment execution record;

9. Documents on coerced judgment execution (if any);

10. Documents on completion of the serving of the penalty or judicial measure as prescribed by this Law;

11. Other relevant documents.

Article 162.Rights and obligations of sentenced commercial legal persons

1. Sentenced commercial legal persons have the following rights:

a/ To be informed of the judgment execution;

b/ To receive relevant decisions while serving their sentences;

c/ To lodge complaints about judgment execution;

d/ To be granted certificates of completion of the serving of penalties or judicial measures in accordance with this Law;

dd/ To receive compensations in accordance with the law on state compensation liability.

2. Sentenced commercial legal persons have the following obligations:

a/ To strictly serve legally effective court judgments or rulings, and competent agencies’ decisions or requests in judgment execution;

b/ Their at-law representatives shall show up as summoned by criminal judgment execution agencies;

c/ To publicize and display judgment execution decisions; to notify the serving of penalties and judicial measures to related agencies, organizations and individuals in accordance with this Law;

d/ To report on the serving of sentences to criminal judgment execution agencies.

3. Sentenced commercial legal persons have other rights and obligations as prescribed by this Law and other relevant laws.

Article 163.Coerced judgment execution

1. Sentenced commercial legal persons that fail to serve or fully serve the court judgments or decisions shall be coerced to execute their judgments and bear expenses therefor.

2. Criminal judgment execution agencies shall issue decisions on coerced judgment execution.

3. The Government shall detail this Article.

Article 164.Responsibilities of state management agencies in charge of commercial legal persons

1. Based on judgments, judgment execution decisions and requests of criminal judgment execution agencies, state management agencies in charge of commercial legal persons shall, within the ambit of their tasks and powers, take one or more of the following measures:

a/ To modify or suspend establishment and operation licenses or other equivalent documents of commercial legal persons during the period they are subject to operation suspension; to apply other measures prescribed by law to ensure the execution of the penalty of operation suspension under court judgments or rulings;

b/ To revoke or delete written registrations of commercial legal persons or other equivalent documents; to revoke enterprise registration certificates of commercial legal persons or refuse to re-grant establishment and operation licenses for commercial legal persons that are subject to operation termination; to apply other measures prescribed by law to ensure the execution of the penalty of operation termination under court judgments or rulings;

c/ To delete written registrations; to modify, suspend, revoke, or refuse to re-grant, part or the whole of contents of, licenses or other equivalent documents; to suspend several or all of business lines of commercial legal persons during the period they are subject to prohibition from operating or doing business; to apply other measures prescribed by law to ensure the execution of the penalty of prohibition from doing business or operating under court judgments or rulings;

d/ To modify, suspend, cancel or revoke licenses or request related agencies or organizations to do so; to refuse to license, approve or carry out procedures for raising capital during the prohibited period for commercial legal persons; to apply other measures prescribed by law to ensure the execution of the penalty of prohibition from raising capital under court judgments or rulings;

dd/ To apply law-prescribed measures to ensure the execution of the judicial measure of forced restoration to the original state or forced implementation of measures to remediate or prevent possible further consequences under court judgments or rulings.

2. To coordinate with criminal judgment execution agencies and other related agencies in inspecting and supervising commercial legal persons in the course of the serving their penalties or judicial measures.

3. To send written notices to criminal judgment execution agencies on the compliance with judgment execution requests and the serving of sentences by commercial legal persons.

4. To coordinate with criminal judgment execution agencies and other related agencies and organizations in implementing the measure of coerced judgment execution against commercial legal persons in accordance with this Law and other relevant laws.

5. To publicize decisions and documents of criminal judgment execution agencies and measures applied to commercial legal persons in accordance with this Law.

6. The Government shall detail this Article.

Article 165.Transfer of the judgment execution obligation in case commercial legal persons are reorganized

In case a sentenced commercial legal person is divided, split up, consolidated, merged or transformed under law, the commercial legal person that takes over its rights and obligations shall perform the judgment execution obligation in accordance with this Law and other relevant laws. The commercial legal person may not shirk the judgment execution obligation on the ground of division, splitting-up, consolidation, merger or transformation, or dissolution or bankruptcy.

The Government shall detail this Article.

Article 166.Grant of certificates of completion of the serving of penalties or certificates of completion of the serving of judicial measures

1. Commercial legal persons that have completed the serving of penalties or judicial measures shall be granted certificates of completion of the serving of penalties or judicial measures by competent criminal judgment execution agencies, unless they are convicted under Article 79 of the Penal Code.

2. Within 3 working days after granting certificates of completion of the serving of penalties or judicial measures to commercial legal persons, criminal judgment execution agencies shall publicly post them on their websites and send them to state management agencies in charge of commercial legal persons, the courts that have issued judgment execution decisions, and the agencies defined at Points d and dd, Clause 2, Article 159 of this Law.

Chapter XII

SUPERVISION OF THE EXECUTION OF CRIMINAL JUDGMENTS

Article 167.Tasks and powers and procuracies in the supervision of criminal judgment execution

1. To request same-level and subordinate courts to issue decisions on criminal judgment execution in accordance with law; to request courts, criminal judgment execution agencies and agencies assigned to perform a number of criminal judgment execution tasks to self-examine the execution of criminal judgments and notify implementation results to the procuracies; to provide files and documents related to criminal judgment execution.

2. To directly supervise the criminal judgment execution by same-level and subordinate criminal judgment execution agencies and agencies assigned to perform a number of criminal judgment execution tasks; to supervise criminal judgment execution files of same-level and subordinate criminal judgment execution agencies and agencies assigned to perform a number of criminal judgment execution tasks. Provincial-level people’s procuracies or military procuracies of military zones shall directly supervise the execution of imprisonment sentences by prisons based in their localities; to supervise the judgment execution against commercial legal persons.

3. To decide to immediately release persons who currently serve imprisonment sentences which are groundless and illegal.

4. To propose exemption, postponement, suspension or termination of the serving of sentences; to participate in meetings to consider reduction of or exemption from the period of serving sentences, or conditional early release, cancellation of decisions on conditional early release, coerced serving of imprisonment penalties under suspended sentence, or shortening of the probation period.

5. To file protests, petitions or requests with same-level or subordinate courts and criminal judgment execution agencies, agencies assigned to perform a number of criminal judgment execution tasks, and competent persons and related individuals in criminal judgment execution; to request suspension of implementation or modification or cancellation of illegal decisions on criminal judgment execution; to stop acts in violation of law.

6. To receive and settle complaints and denunciations in the management and education of persons serving imprisonment sentences; to supervise law observance in the settlement of complaints and denunciations about criminal judgment execution.

7. To initiate or request investigation bodies to initiate criminal cases when detecting cases showing signs of crime in criminal judgment execution in accordance with law.

8. To perform other tasks and exercise other powers in the supervision of criminal judgment execution.

Article 168.Supervision of the settlement of complaints and denunciations in criminal judgment execution

1. Procuracies shall directly supervise the settlement of complaints and denunciations by courts, criminal judgment execution management agencies, criminal judgment execution agencies and agencies assigned to perform a number of criminal judgment execution tasks.

2. When supervising the settlement of complaints and denunciations in a number of criminal judgment execution tasks, procuracies may request same-level and subordinate courts, criminal judgment execution management agencies, criminal judgment execution agencies and agencies assigned to perform a number of criminal judgment execution tasks:

a/ To issue documents on settlement of complaints and denunciations under the provisions of Chapter XIV of this Law;

b/ To examine the settlement of complaints and denunciations falling within their competence and the competence of their subordinate units; to notify settlement results to procuracies;

c/ To provide procuracies with dossiers and documents related to the settlement of complaints and denunciations.

Article 169.Responsibility to comply with requests, decisions, protests or petitions of procuracies about criminal judgment execution

1. For requests for the courts to issue decisions on criminal judgment execution and provide files and documents related to criminal judgment execution, to immediately comply with them; for requests for the courts, criminal judgment execution agencies or agencies assigned to perform a number of criminal judgment execution tasks to self-examine the execution of criminal judgments and notify implementation results to procuracies, to respond within 30 days after receiving them.

2. For decisions mentioned in Clause 3, Article 167 of this Law, criminal judgment execution agencies shall immediately execute them; if disagreeing with such decisions, they shall still execute them and may file petitions to their immediate superior procuracies. Within 10 days after receiving the petitions, chief procurators of immediate superior procuracies shall settle them.

3. For protests about the decisions mentioned in Clause 4, Article 167 of this Law, they shall be settled in accordance with the criminal procedure law.

4. For the protests mentioned in Clause 5, Article 167 of this Law, courts, criminal judgment execution agencies and agencies assigned to perform a number of criminal judgment execution tasks shall give written replies within 15 days after receiving them; if disagreeing with such protests, they may file complaints to immediate superior procuracies; immediate superior procuracies shall settle the complaints within 15 days after receiving them. Decisions of immediate superior procuracies shall be executed.

5. For the petitions mentioned in Clause 5, Article 167 of this Law, they shall be considered and settled and responded in writing within 30 days after the date of their receipt.

Chapter XIII

ASSURANCE OF CONDITIONS FOR CRIMINAL JUDGMENT EXECUTION ACTIVITIES

Article 170.Payrolls and training for criminal judgment execution officers

1. The State shall arrange necessary payrolls and personnel necessary for criminal judgment execution management agencies and criminal judgment execution agencies.

2. Criminal judgment execution officers shall be trained and retrained in terms of professional qualifications, legal knowledge and other knowledge suitable to their assigned tasks and vested powers.

Article 171.Assurance of physical foundations for criminal judgment execution activities

Based on the requirements of criminal judgment execution activities, geographical areas and socio-economic conditions, the State shall ensure physical foundations of criminal judgment execution management agencies and criminal judgment execution agencies, such as land, working offices and facilities; equipment, weapons, support tools, vehicles, communication devices, professional technical facilities and other physical and technical conditions; and prioritize the arrangement of physical foundations for agencies based in deep-lying, remote, mountainous and island areas, areas with extremely difficult socio-economic conditions, and areas which are important in terms of national security and social order and safety.

Article 172.Equipping and use of weapons, professional technical facilities and support tools in criminal judgment execution

While performing criminal judgment execution tasks, officers, non-commissioned officers, professional army men, and soldiers of the People’s Public Security and People’s Army forces shall be equipped with and may use weapons, professional technical facilities and support tools in accordance with law.

Article 173.Database on criminal judgment execution

1. The database on criminal judgment execution managed by the Ministry of Public Security constitutes part of the national anti-crime database to serve the state management of criminal judgment execution and the fight against crimes.

2. The building, collection, storage, processing, protection, exploitation and use of the database on criminal judgment execution must comply with the Government’s regulations.

Article 174.Allocation of funding for criminal judgment execution activities

The State shall allocate funding for criminal judgment execution activities. The estimation, use and finalization of funding for criminal judgment execution activities must comply with the Law on the State Budget.

Article 175.Regimes and policies for agencies, organizations and individuals in criminal judgment execution activities

1. Cadres and civil servants; workers in the Public Security Forces; defense workers and employees and other persons performing criminal judgment execution tasks shall be entitled to regimes and policies prescribed by law.

2. Officers, non-commissioned officers and soldiers in the Public Security forces; officers, non-commissioned officers, professional army men, and soldiers of the People’s Army who perform criminal judgment execution tasks shall be entitled to bestowment and promotion of ranks in the people’s armed forces as well as to regimes and policies in accordance with law.

3. Agencies, organizations and individuals that record achievements in criminal judgment execution activities shall be commended; for persons suffering loss of life, or health or property damage, they and/or their families shall be entitled to regimes and policies in accordance with law.

Chapter XIV

SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION

Section 1

COMPLAINTS AND SETTLEMENT OF COMPLAINTS IN CRIMINAL JUDGMENT EXECUTION

Article 176.The right to lodge complaints in criminal judgment execution

1. Persons or commercial legal persons serving criminal judgments and other related agencies, organizations and individuals (below referred to as complainants) may lodge complaints about decisions or acts of agencies or persons competent to execute criminal judgments if having grounds to believe that such decisions or acts are illegal and infringe upon their lawful rights and interests. Sentenced commercial legal persons shall lodge complaints through their at-law representatives.

2. The statute of limitations for lodging a first-time complaint is 30 days after receiving or becoming aware of the decision or act of criminal judgment execution which the complainant believes to be illegal. The statute of limitations for lodging a second-time complaint is 15 days after receiving the competent person’s complaint settlement decision.

If, in aforce majeureevent or due to an external obstacle, the complainant cannot exercise his/her right to lodge complaints within the prescribed statute of limitations, the period during which such event or obstacle exists shall not be counted in such statute of limitations.

Article 177.Cases in which complaints about criminal judgment execution are not accepted for settlement

1. The decisions or acts about which complaints are lodged are not directly related to lawful rights and interests of complainants.

2. Complainants who are individuals do not have full civil act capacity and have no representatives, unless otherwise prescribed by law.

3. Representatives have no papers proving their lawful representation.

4. The statute of limitations for lodging complaints has expired.

5. A complaint settlement decision has been issued and become effective.

Article 178.Competence to settle complaints in criminal judgment execution

1. Chairpersons of commune-level People’s Committees shall settle complaints about illegal decisions or acts of agencies, organizations or persons involved in the management, supervision and education of persons serving criminal judgments in communes, wards or townships.

2. Heads of criminal judgment execution agencies of district-level Divisions of Public Security shall settle complaints about:

a/ Illegal decisions or acts of deputy heads, officers, non-commissioned officers or soldiers under the management of criminal judgment execution agencies of district-level Divisions of Public Security, except the case prescribed in Clause 8 of this Article;

b/ Illegal decisions or acts of chairpersons of commune-level People’s Committees, and commune-level People’s Committees assigned by courts to supervise and educate sentenced persons;

c/ Complaint settlement decisions of chairpersons of commune-level People’s Committees assigned by courts to supervise and educate sentenced persons.

3. Heads of district-level Divisions of Public Security shall settle complaints about:

a/ Illegal decisions or acts of heads of criminal judgment execution agencies of district-level Divisions of Public Security;

b/ Complaint settlement decisions of heads of criminal judgment execution agencies of district-level Divisions of Public Security.

4. Heads of criminal judgment execution agencies of provincial-level Departments of Public Security shall settle complaints about:

a/ Illegal decisions or acts of officers, non-commissioned officers or soldiers under the management of their agencies, except the case prescribed in Clause 8 of this Article;

b/ Illegal decisions or acts of competent agencies or persons in criminal judgment execution for commercial legal persons.

5. Directors of provincial-level Departments of Public Security shall settle complaints about:

a/ Illegal decisions or acts of heads of criminal judgment execution agencies of provincial-level Departments of Public Security;

b/ Complaint settlement decisions of heads of criminal judgment execution agencies of provincial-level Departments of Public Security or heads of district-level Divisions of Public Security.

6. The head of the Criminal Judgment Execution Management Agency of the Ministry of Public Security shall settle complaints about illegal decisions or acts of officers, non-commissioned officers or soldiers under his/her agency’s management, except the case prescribed in Clause 8 of this Article.

7. Except the case prescribed in Clause 8 of this Article, the Minister of Public Security shall settle complaints about:

a/ Illegal decisions or acts of the head of the Criminal Judgment Execution Management Agency of the Ministry of Public Security;

b/ Complaint settlement decisions of directors of provincial-level Departments of Public Security or the head of the Criminal Judgment Execution Management Agency of the Ministry of Public Security.

8. Chief procurators of provincial-level people’s procuracies, chief procurators of military procuracies of military zones or chief procurators of district-level people’s procuracies shall settle complaints about illegal decisions or acts in the management and education of inmates by persons assigned to manage and educate inmates.

Chief procurators of provincial-level people’s procuracies shall settle complaints about complaint settlement decisions of chief procurators of district-level procuracies. The Procurator General of the Supreme People’s Procuracy or Procurator General of the Central Military Procuracy shall settle complaints about complaint settlement decisions of chief procurators of provincial-level people’s procuracies or chief procurators of military procuracies of military zones. Complaint settlement decisions of chief procurators of superior people’s procuracies are effective for implementation.

Article 179.Competence to settle complaints about criminal judgment execution in the People’s Army

1. Heads of military zone-level criminal judgment execution agencies shall settle complaints about illegal decisions or acts in criminal judgment execution which are issued or committed by officers, professional army men, non-commissioned officers, or soldiers of units in the Army or of their agencies, except the case prescribed in Clause 8, Article 178 of this Law.

2. Except the case prescribed in Clause 8, Article 178 of this Law, commanders of military zones and the equivalent shall settle complaints about:

a/ Illegal decisions or acts of heads of military zone-level criminal judgment execution agencies;

b/ Complaint settlement decisions of heads of military zone-level criminal judgment execution agencies.

3. The head of the Criminal Judgment Execution Management Agency of the Ministry of National Defense shall settle complaints about illegal decisions or acts of officers, professional army men, non-commissioned officers, or soldiers under the management of his/her agency, except the case prescribed in Clause 8, Article 178 of this Law.

4. Except the case prescribed in Clause 8, Article 178 of this Law, the Minister of National Defense shall settle complaints about:

a/ Illegal decisions or acts of the head of the Criminal Judgment Execution Management Agency of the Ministry of National Defense;

b/ Illegal decisions or acts of commanders of military zones and the equivalent;

c/ Complaint settlement decisions of the head of the Criminal Judgment Execution Management Agency of the Ministry of National Defense or commanders of military zones and the equivalent.

Article 180.Rights and obligations of complainants in criminal judgment execution

1. Complainants have the following rights:

a/ To lodge complaints by themselves or through their representatives at any time during the course of criminal judgment execution;

b/ To withdraw their complaints at any time during the complaint settlement period;

c/ To receive written replies on acceptance of their complaints for settlement and receive complaint settlement decisions;

d/ To have their infringed lawful rights and interests restored and receive compensations in accordance with law.

2. Complainants have the following obligations:

a/ To honestly give statements and provide with information and documents related to their complaints to complaint settlers; to take responsibility before law for their statements and provided information and documents;

b/ To comply with complaint settlement decisions which have become effective for implementation.

Article 181.Rights and obligations of complainees in criminal judgment execution

1. Complainees have the following rights:

a/ To be informed of the complaints;

b/ To show proofs of the lawfulness of their criminal judgment execution decisions or acts complained about;

c/ To receive complaint settlement decisions.

2. Complainees have the following obligations:

a/ To explain their criminal judgment execution decisions or acts complained about and provide relevant information and documents upon request of competent agencies, organizations or persons;

b/ To comply with complaint settlement decisions which have become effective for implementation;

c/ To pay compensations or remediate consequences caused by their illegal decisions or acts in accordance with law.

Article 182.Tasks and powers of persons competent to settle complaints in criminal judgment execution

1. To receive and settle complaints.

2. To request complainants and complainees to provide explanations and information and documents related to the complaints.

3. To issue written notices of acceptance of complaints for settlement and send complaint settlement decisions to complainants.

4. To take responsibility before law for their settlement of complaints.

Article 183.Time limits for complaint settlement in criminal judgment execution

1. The time limit for first-time settlement of a complaint is 15 days after accepting the complaint.

2. The time limit for second-time settlement of a complaint is 30 days after accepting the complaint.

3. When necessary, for complicated cases, the time limit for settlement of a complaint prescribed in Clause 1 or 2 of this Article may be prolonged for no more than 30 days.

Article 184.Receipt and acceptance of complaints in criminal judgment execution

1. Competent agencies or persons shall receive complaints in criminal judgment execution. For a complaint lodged by inmates prescribed in Clause 8, Article 178 of this Law, within 24 hours after receiving it, the superintendent of the prison or detention camp, or head of the criminal judgment execution agency of the district-level Division of Public Security shall forward it to a competent procuracy.

2. Within 3 working days after receiving a complaint, the competent agency or person defined in Clause 1 of this Article, or Article 178 or 179 of this Law shall accept it for settlement and send a written notice of its acceptance to the complainant. If refusing to accept the complaint, it/he/she shall issue a written notice stating the reason.

Article 185.Complaint settlement dossiers in criminal judgment execution

1. A complaint settlement dossier must comprise:

a/ The written complaint or a document recording the complaint contents;

b/ Written explanations made by the complainee;

c/ A written record of verification or conclusion;

d/ The complaint settlement decision;

dd/ Other relevant documents.

2. Complaint settlement dossiers shall be numbered and archived at complaint settlement agencies.

Article 186.Order and procedures for first-time complaint settlement in criminal judgment execution

1. After accepting a complaint, the person competent to settle complaints defined in Article 178 or 179 of this Law shall conduct verification and request the complainant and complainee to provide explanations and information and documents related to the complaint; and meet related agencies, organizations and individuals to clarify the complaint contents and issue a first-time complaint settlement decision.

2. A first-time complaint settlement decision will become effective for implementation if, during the statute of limitations prescribed by this Law, the complainant does not lodge another complaint.

Article 187.Contents of a first-time complaint settlement decision in criminal judgment execution

1. Date of issuance of the decision.

2. Full names and addresses of the complainant and complainee.

3. Complaint contents.

4. Results of verification of complaint contents.

5. Legal grounds for complaint settlement.

6. Conclusion that the complaint is wholly correct, partly correct or wholly incorrect.

7. Contents stating the upholding, modification or cancellation of the decision complained about, or requesting modification or cancellation of part of such decision, or coercing termination of the implementation of the decision or act complained about.

8. Contents on payment of compensations or remediation of consequences caused by the illegal decision or act (if any).

9. Instructions on the involved party’s right to further lodge complaints.

Article 188.Order and procedures for second-time complaint settlement in criminal judgment execution

1. If wishing to further lodge a complaint, the complainant shall send a written complaint together with a copy of the first-time complaint settlement decision and relevant documents to a person competent to settle second-time complaints.

2. In the course of settling second-time complaints, the competent person defined in Article 178 or 179 of this Law may request the person having conducted the first-time complaint settlement and related agencies, organizations and individuals to provide complaint-related information and documents; summon the complainant and complainee when necessary; conduct verification and take other measures prescribed by law to settle the complaint. These agencies, organizations and individuals shall respond to such requests.

3. A second-time complaint settlement decision the final one.

Article 189.Contents of a second-time complaint settlement decision in criminal judgment execution

1. Date of issuance of the decision.

2. Full names and addresses of the complainant and complainee.

3. Complaint contents.

4. Results of verification of complaint contents.

5. Legal grounds for complaint settlement.

6. Conclusions on complaint contents and complaint settlement by the person competent to conduct first-time complaint settlement.

7. Contents stating the upholding, modification or cancellation of the decision complained about, or requesting modification or cancellation of part of such decision, or coercing termination of the implementation of the decision or act complained about; and payment of compensations or remediation of consequences caused by the illegal decision or act.

Section 2

DENUNCIATIONS AND SETTLEMENT OF DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION

Article 190.Persons having the right to lodge denunciations in criminal judgment execution

Sentenced persons and all citizens have the right to file denunciations with competent agencies or persons about illegal acts of any competent person in criminal judgment execution which harm or threaten to harm the interests of the State or lawful rights and interests of agencies, organizations or individuals.

Article 191.Rights and obligations of denouncers and denounced persons in criminal judgment execution

Denouncers and denounced persons in criminal judgment execution have their rights and obligations as prescribed by the Law on Denunciations.

Article 192.Competence and time limits for settlement of denunciations

1. The competence to settle denunciations is prescribed as follows:

a/ Heads of agencies or organizations shall settle denunciations about illegal acts of persons under the management of their agencies or organizations;

b/ Chairpersons of commune-level People’s Committees shall settle denunciations about illegal acts of heads of commune-level Public Security agencies;

c/ Heads of district-level Divisions of Public Security shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of district-level Divisions of Public Security;

d/ Chairpersons of district-level People’s Committees shall settle denunciations about illegal acts of chairpersons of commune-level People’s Committees;

dd/ Directors of provincial-level Departments of Public Security shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of provincial-level Departments of Public Security;

e/ Commanders of military zones and the equivalent shall settle denunciations about illegal acts of heads of military zone-level criminal judgment execution agencies;

g/ The Minister of Public Security or Minister of National Defense shall settle denunciations about illegal acts of heads of criminal judgment execution agencies under his/her management;

h/ Chief procurators of competent procuracies shall settle denunciations about illegal acts of persons assigned to manage and educate inmates in inmate management and education.

2. The time limit for settlement of a denunciation is 30 days from the date of acceptance of the denunciation for settlement; for complicated cases, this time limit may be extended once for no more than 30 days; for particularly complicated cases, this time limit may be extended twice with each extension not exceeding 30 days.

3. Denunciations about violations showing signs of crime shall be settled in accordance with the Criminal Procedure Law.

Article 193.Responsibility to settle denunciations

1. Competent agencies and persons shall, within the ambit of their tasks and powers, receive and settle denunciations in a timely and lawful manner; strictly handle violators; apply necessary measures to prevent possible damage; ensure the strict implementation of denunciation settlement decisions, and take responsibility before law for their decisions.

2. Persons competent to settle denunciations who fail to settle them or show irresponsibility in settling denunciations or illegally settle them shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability; if causing damage, they shall pay compensations therefor in accordance with law.

Chapter XV

TASKS AND POWERS OF STATE AGENCIES IN THE MANAGEMENT OF CRIMINAL JUDGMENT EXECUTION

Article 194.Tasks and powers of the Government in performing the state management of criminal judgment execution

1. To unify the state management of criminal judgment execution nationwide.

2. To direct governmental agencies and provincial-level People’s Committees in criminal judgment execution.

3. To coordinate with the Supreme People’s Court and Supreme People’s Procuracy in criminal judgment execution.

4. Annually, to report on criminal judgment execution to the National Assembly.

Article 195.Tasks and powers of the Ministry of Public Security in the management of criminal judgment execution

1. To take responsibility before the Government for performing the unified state management of criminal judgment execution, and perform the tasks and exercise the powers below:

a/ To promulgate or submit to competent agencies for promulgation legal documents on criminal judgment execution; to coordinate with the Supreme People’s Court, Supreme People’s Procuracy and other related agencies in promulgating joint circulars on their coordination in carrying out the procedures for criminal judgment execution;

b/ To formulate, and organize the implementation of, policies and plans on criminal judgment execution; to direct and organize the implementation of legal documents on criminal judgment execution;

c/ To suspend or annul according to its competence to propose competent authorities to annul regulations on criminal judgment execution which are contrary to this Law;

d/ To issue forms, papers and books on criminal judgment execution;

dd/ To disseminate and educate about the law on criminal judgment execution;

e/ To manage the organizational apparatuses, payrolls and operation of criminal judgment execution agencies in the People’s Public Security forces; to decide on the establishment, consolidation and dissolution of criminal judgment execution agencies in the People’s Public Security forces in accordance with this Law; to train and retrain officers, non-commissioned officers, soldiers and workers in the People’s Public Security forces in criminal judgment execution; to provide training, retraining and professional instructions for cadres, civil servants and employees of agencies or organizations assigned to perform a number of criminal judgment execution tasks;

g/ To direct the pursuit of escaped sentenced persons; to escort persons subject to decisions on criminal judgment execution for judgment execution; to disperse and arrest persons who obstruct or oppose judgment execution; to coordinate with other people’s armed units and local administrations in arranging forces to assist criminal judgment execution in cases of necessity; to perform other tasks and exercise other powers in accordance with this Law;

h/ To examine, inspect, commend, and handle violations in criminal judgment execution; to settle complaints and denunciations about criminal judgment execution in accordance with this Law;

i/ To decide on fund allocation plans, and create conditions for the operation of criminal judgment execution agencies;

k/ To carry out international operation in criminal judgment execution;

l/ To review criminal judgment execution activities;

m/ To issue and implement statistical regimes on criminal judgment execution;

n/ To report on criminal judgment execution to the Government.

2. The Minister of Public Security shall, based on requirements on management of persons in custody or detention, decide to employ persons sentenced to an imprisonment term of 5 years or less other than under-18 persons, foreigners, persons infected with dangerous infectious diseases or drug addicts in custody or detention work. The number of persons sentenced to imprisonment to be employed in custody or detention work shall be based on the total persons held in custody or detention but must not exceed 15% of such total number.

Article 196.Tasks and powers of the Ministry of National Defense in the management of criminal judgment execution

1. To manage criminal judgment execution in the People’s Army and perform the tasks and exercise the powers below:

a/ To promulgate or submit to competent authorities for promulgation legal documents on criminal judgment execution in the People’s Army; to coordinate with the Supreme People’s Court, Supreme People’s Procuracy and other related agencies in promulgating joint circulars on their coordination in carrying out the procedures for criminal judgment execution;

b/ To manage the organizational apparatuses, payrolls and operation of criminal judgment execution agencies in the People’s Army; to decide on the establishment, consolidation and dissolution of criminal judgment execution agencies in the People’s Army in accordance with this Law;

c/ To coordinate with the Ministry of Public Security, Ministry of Education and Training and Ministry of Justice in formulating law education and citizen education programs; to coordinate with the Ministry of Public Security in reviewing, making statistics of, and reporting on criminal judgment execution to the Government;

d/ To provide professional instructions on criminal judgment execution for military zone-level criminal judgment execution agencies; to disseminate and educate about the law on criminal judgment execution in the People’s Army;

dd/ To commend and discipline army men engaged in criminal judgment execution in the People’s Army;

e/ To direct the pursuit of escaped sentenced persons; to escort persons subject to decisions on criminal judgment execution for judgment execution; to disperse and arrest persons who obstruct or oppose judgment execution; to coordinate with other people’s armed units and local administrations in arranging forces to assist criminal judgment execution in cases of necessity; to perform other tasks and exercise other powers in accordance with this Law;

g/ To examine, inspect, settle complaints and denunciations, and handle violations related to criminal judgment execution in the People’s Army in accordance with this Law;

h/ To manage fund allocation and make fund allocation plans, and ensure physical foundations and facilities for criminal judgment execution in the People’s Army.

2. The Minister of National Defense shall, based on requirements on management of persons in custody or detention in its incarceration facilities, decide to employ persons sentenced to an imprisonment term of 5 years or less other than under-18 persons, foreigners, persons infected with dangerous infectious diseases or drug addicts in custody or detention work. The number of sentenced persons to be employed in detention camps shall be based on the total number of persons held in custody or detention but must not exceed 15% of such total number.

Article 197.Tasks and powers of the Supreme People’s Court in criminal judgment execution

1. To coordinate with the Supreme People’s Procuracy, Ministry of Public Security, Ministry of National Defense, Ministry of Justice and other related agencies in promulgating joint circulars on their coordination in carrying out the procedures for criminal judgment execution.

2. To guide courts of different levels in issuing decisions on criminal judgment execution; to direct courts of different levels to coordinate with the agencies defined in Clauses 1, 2 and 3, Article 11 of this Law in criminal judgment execution.

3. To coordinate with Ministry of Public Security and Ministry of National Defense in reviewing criminal judgment execution activities.

4. To coordinate with Ministry of Public Security in implementing statistical and reporting regulations on criminal judgment execution.

Article 198.Tasks and powers of the Supreme People’s Procuracy in criminal judgment execution

1. To coordinate with the Supreme People’s Court, Ministry of Public Security, Ministry of National Defense, Ministry of Justice and other related agencies in promulgating joint circulars on their coordination in carrying out the procedures for criminal judgment execution.

2. To supervise and guide procuracies of different levels in supervising criminal judgment execution in accordance with this Law and other relevant laws.

3. To coordinate with the Ministry of Public Security and Ministry of National Defense in reviewing criminal judgment execution activities.

4. To coordinate with Ministry of Public Security in implementing statistical and reporting regulations on criminal judgment execution.

Article 199.Tasks and powers of the Ministry of Justice in criminal judgment execution

1. To coordinate with the Supreme People’s Court, Supreme People’s Procuracy, Ministry of Public Security, Ministry of National Defense and other related agencies in promulgating joint circulars on their coordination in carrying out the procedures for criminal judgment execution.

2. To coordinate with the Ministry of Education and Training, Ministry of Public Security and Ministry of National Defense in formulating law education and citizen education programs; to disseminate and educate about the law on criminal judgment execution.

3. To direct criminal judgment execution agencies to assume the prime responsibility for, and coordinate with prisons, detention camps, criminal judgment execution agencies of provincial-level Departments of Public Security, criminal judgment execution agencies of district-level Divisions of Public Security, or military zone-level criminal judgment execution agencies in, providing information and transferring relevant papers, money and assets, collecting and paying/returning money and assets related to civil judgment debtors and civil judgment creditors; to coordinate with criminal judgment execution agencies and related agencies in the execution of judgments against commercial legal persons.

Article 200.Tasks and powers of the Ministry of Health in criminal judgment execution

To coordinate with the Ministry of Public Security and Ministry of National Defense in directing and guiding epidemic prevention and control and medical examination and treatment for inmates and reformatory members; to direct assessment activities according to its competence; to organize specialized health establishments for implementation of the judicial measure of compulsory medical treatment in accordance with this Law.

Article 201.Tasks and powers of the Ministry of Labor, Invalids and Social Affairs in criminal judgment execution

1. To coordinate with the Ministry of Public Security in directing and guiding the organization of labor and job training activities and implementing regimes and policies for inmates and reformatory students.

2. To direct specialized labor, invalids and social affairs agencies under provincial-level People’s Committees and social protection establishments in receiving, taking care of and nurturing children of inmates who have no relatives to take care of and nurture them in accordance with this Law and other relevant laws.

Article 202.Tasks and powers of the Ministry of Education and Training in criminal judgment execution

To coordinate with the Ministry of Public Security and Ministry of National Defense in directing and guiding the formulation of training programs and materials, training teachers, and teaching literacy skills for inmates and reformatory students in accordance with this Law and other relevant laws.

Article 203.Responsibilities of ministries and ministerial-level agencies in criminal judgment execution

Within the ambit of their functions and tasks, ministries and ministerial-level agencies shall coordinate with the Ministry of Public Security and Ministry of National Defense in criminal judgment execution.

Article 204.Tasks and powers of provincial-level People’s Committees in criminal judgment execution

1. To direct coordination with related agencies and lower-level People’s Committees in criminal judgment execution in their localities in accordance with this Law and other relevant laws.

2. To direct specialized agencies and lower-level People’s Committees and adopt appropriate policies to encourage agencies, organizations and individuals to help persons who have completed the serving of imprisonment sentences, and persons entitled to special amnesty or conditional early release find jobs, stabilize their lives, learn jobs and integrate themselves into the community.

3. To request provincial-level Departments of Public Security to report on criminal judgment execution in localities.

Article 205.Tasks and powers of district-level People’s Committees in criminal judgment execution

1. To direct coordination with related agencies and commune-level People’s Committees in supervising and educating persons entitled to suspended sentence, persons serving non-custodial reform  sentence, residence ban, prohibition from holding certain positions, practicing certain professions or doing certain jobs, or deprivation of certain civic rights; to manage persons entitled to postponement or suspension of the serving of imprisonment sentence and persons entitled to conditional early release; to control and educate persons serving probation sentence  in accordance with this Law and other relevant laws.

2. To direct specialized agencies and commune-level People’s Committees and adopt appropriate policies to encourage agencies, organizations and individuals to help persons who have completed the serving of imprisonment sentences, and persons entitled to special amnesty or conditional early release find jobs, stabilize their lives, learn jobs and integrate themselves into the community.

3. To request district-level Divisions of Public Security to report on criminal judgment execution in localities.

Chapter XVI

IMPLEMENTATION PROVISIONS

Article 206.Effect

1. This Law takes effect on January 1, 2020.

2. Law No. 53/2020/QH12 on Execution of Criminal Judgments ceases to be effective on the effective date of this Law, except the cases prescribed in Clauses 2 and 3, Article 207 of this Law.

Article 207.Transitional provisions

1. For legally effective court judgments and rulings which, by the effective date of this Law, have not been executed or completely executed, the provisions of this Law shall apply for their execution, except the case prescribed in Clause 2 of this Article.

2. For execution of suspended sentence or non-custodial reform sentence for which judgments are pronounced under Penal Code No. 15/1999/QH10, which was amended and supplemented under Law No. 37/2009/QH12, the provisions of Law No. 53/2010/QH12 on Execution of Criminal Judgments, and detailing and guiding documents shall still apply.

3. For execution of judgments or rulings under Law No. 53/2010/QH12 on Execution of Criminal Judgments about which, by the effective date of this Law, there are still complaints or denunciations unsettled, the settlement of complaints or denunciations must comply with Law No. 53/2010/QH12 on Execution of Criminal Judgments and detailing and guiding documents.

This Law was passed on June 14, 2019, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 7^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN