VietnameseOrdinance No. 01/2007/PL-UBTVQH12 dated November 02, 2007 of the Standing Committee of National Assembly amending and supplementing a number of articles of the Ordinance on enforcement of imprisonment sentences
ATTRIBUTE Ordinance 01/2007/PL-UBTVQH12 of National Assembly Standing Committee date issued 19/10/2007
Ordinance No. 01/2007/PL-UBTVQH12 dated November 02, 2007 of the Standing Committee of National Assembly amending and supplementing a number of articles of the Ordinance on enforcement of imprisonment sentences
| Issuing body: | National Assembly Standing Committee | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 01/2007/PL-UBTVQH12 | Signer: | Tran Quoc Thang |
| Type: | Ordinance | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 19/10/2007 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Justice , Public order |
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THE NATIONAL ASSEMBLY STANDING COMMITTEE -------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No. 01/2007/UBTVQH12 | Hanoi, October 19, 2007 |
ORDINANCE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ORDINANCE ON ENFORCEMENT OF IMPRISONMENT SENTENCES
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
Pursuant to Penal Code No. 32/1999/QH10;
Pursuant to Criminal Procedure Code No. 19/2003/QH11;
Pursuant to Resolution No. 04/2007/QH12 adjusting the 2007 law- and ordinance-making program;
The National Assembly Standing Committee hereby promulgates the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Enforcement of Imprisonment Sentences.
Article 1. To amend and supplement the Ordinance on Enforcement of Imprisonment Sentences:
1. Article 1 is amended and supplemented as follows:
Article 1.
Enforcement of imprisonment sentences means forcing persons who are sentenced to termed imprisonment or life imprisonment to serve their penalties at prison in order to rehabilitate them into persons useful to society and having the sense of observing laws and rules of the socialist life and prevent them from committing new crimes.
2. To add Article 1a as follows:
Article 1a.
The Minister of Public Security and the Minister of Defense shall base themselves on management requirements regarding the detention of persons held in detention or custody to decide to permit persons sentenced to a termed imprisonment of five years or less to serve their imprisonment penalties at detention camps. The number of persons serving imprisonment penalties at a detention camp must not exceed fifteen per cent of the total number of persons held in detention or custody at that camp.
Persons serving imprisonment penalties at detention camps have obligations and interests like those who serve imprisonment penalties at prisons.
Superintendents of detention camps shall take responsibility for the management, incarceration and rehabilitation of persons serving imprisonment penalties at detention camps in accordance with legal provisions on enforcement of imprisonment sentences.
3. Article 10 is amended and supplemented as follows:
Article 10.
Prison means a place where persons who are sentenced to imprisonment serve their penalties. The management apparatus at a prison is composed of a superintendent, deputy superintendent, wardens, specialists, employees, technicians and officers and soldiers of the security armed force.
Prison superintendents are commanders of cadres and soldiers and take responsibility for the management, incarceration and rehabilitation of persons serving imprisonment penalties at their prisons in accordance with law.
4. Article 11 is amended and supplemented as follows:
Article 11.
1. Based on the nature of crimes and imprisonment terms of persons serving imprisonment penalties, their incarceration at a prison shall be organized as follows:
a/ Incarceration area for persons sentenced to imprisonment of 15 years or more or life imprisonment and persons sentenced to imprisonment for dangerous recidivism:
b/ Incarceration area for persons sentenced to imprisonment of up to 15 years.
2. Female and juvenile persons serving imprisonment sentences are incarcerated separately.
5. To annul Article 12 and Article 13.
6. Article 15 is amended and supplemented as follows:
Article 15.
1. When consigning a person sentenced to imprisonment to prison for serving his/her penalty, the following papers are required:
a/ A copy of the legally valid judgment; in case of appellate, cassation or reopening trial, the first-instance judgment is also required;
b/ The decision on judgment enforcement;
c/ The proof of identity of the person sentenced to imprisonment;
d/ A copy of the passport or other papers proving his/her nationality, if the person sentenced to imprisonment is a foreigner;
e/ The decision of the prison management agency on the consignment of the person sentenced to imprisonment to prison.
2. Within seven days after admitting a person sentenced to imprisonment to the prison, the superintendent of the prison shall notify the admission in writing to the court which has issued die judgment enforcement decision, the prison management agency and relatives of the convict. If the person sentenced to imprisonment is a foreigner, the superintendent of the prison shall send a written notice to the .Vietnamese Foreign Affairs Ministrys consulate for the Tatter to notify the admission to the representative mission of the country of which the convict is a citizen;
7. Article 17 is amended and supplemented as follows:
Article 17.
1. Postponement of the serving of imprisonment penalty must comply with Article 61 of the Penal Code and Article 261 of the Criminal Procedure Code. The President of the court which has permitted the postponement of the serving of imprisonment penalty -shall issue a judgment enforcement decision so that upon the expiration of the duration of postponement of the serving of imprisonment penalty, the convict shall immediately go to prison to serve the imprisonment penalty.
Reduction of the duxation of serving imprisonment penalty must comply with Articles 58, 59 and 76 of the Penal Code and Articles 268 and 269 of the Criminal Procedure Code.
2. Suspension of the serving of imprisonment penalty must comply wi th Article 62 of the Penal Code and Article 262 of the Criminal Procedure Code. The President of the court which has permitted the suspension of the serving of imprisonment penal ty shall issue a judgment enforcement decision with regard to the remaining part of the penalty so that upon the expiration of the duration of suspension of the serving of imprisonment penalty, the convict shall immediately go to prison to serve the remaining imprisonment penalty.
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