Is it possible for the person serving suspended sentence to change place of residence for work? How to declare a temporary absence in Vietnam?
- Is it possible for the person serving suspended sentence in Vietnam to change place of residence for work?
- How to declare a temporary absence for person serving suspended sentence in Vietnam?
- How much is the fine for the person serving suspended sentence in Vietnam who fail to declare a temporary absence?
Is it possible for the person serving suspended sentence in Vietnam to change place of residence for work?
Pursuant to Clauses 1 and 2, Article 92 of the Law on Execution of Criminal Judgments 2019 provides for this content as follows:
Dealing with person serving suspended sentence’s change of place of residence or work
1. A person serving suspended sentence may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and make a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall not exceed 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.
2. When seeking permission for absence from place of residence, a person serving suspended sentence must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing. When the person serving suspended sentence comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the person serving suspended sentence commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall send a notice enclosed with relevant documents to the People’s Committee of commune or the military unit in charge.
Thus, the person serving suspended sentence may be absent from his/her place of residence if he/she has justifiable grounds (such as applying for a job), submit a request for permission and obtain the permission from the People’s Committee of commune.
The absence duration from place of residence shall not exceed 60 days each and total absence duration may not exceed one third of the probation period.
When the person serving suspended sentence comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides.
Is it possible for the person serving suspended sentence to change place of residence for work? How to declare a temporary absence in Vietnam?
How to declare a temporary absence for person serving suspended sentence in Vietnam?
Pursuant to Point a, Clause 1, Article 31 of the Law on Residence 2020 providing for temporary absence declaration:
Temporary absence declaration
1. Every citizen shall declare their temporary absence in the following cases:
a) The citizen is out on bail; or is convicted but has yet to receive the sentence enforcement decision or has received the sentence enforcement decision but is out on bail or granted suspension of sentence enforcement; or is convicted and undergoing probation; or is under mandatory supervision or serving a community sentence; or is on parole and leaves the commune-level administrative unit where they are residing for 01 day or more;
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2. Before leaving their places of residence, the persons mentioned in Points a and b Clause 1 herein must declare their temporary absence with the registration authority of the locality where they reside. The application for temporary absence declaration includes an application for temporary absence declaration and written permission of the authority supervising, managing or educating the applicant.
The registration authority shall provide instructions for information to be declared and check this information. Within 01 working day starting from the date of receipt of an application for temporary absence declaration, the registration authority shall issue a document on temporary absence declaration to the applicant; for complicated cases, this time limit may be extended up to a total of 02 working days.
4. The information to be declared includes full name and identity card number or passport number of the declarant; reason for temporary absence; temporary absence duration; and address of the declarant’s destination.
5. Registration authorities shall update temporary absence declaration information of citizens to the residence database and notify the declarants of such update upon request.
Accordingly, in case of going to another place to work while serving the suspended sentence when permitted, they must be responsible for declaring their temporary absence according to the above provisions.
How much is the fine for the person serving suspended sentence in Vietnam who fail to declare a temporary absence?
Pursuant to Point dd, Clause 4, Article 14 of Decree 144/2021/ND-CP providing for penalties for violations of regulations on criminal judgment execution and administrative handling measures:
Violations against regulations on criminal sentence execution and implementation of administrative measures
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4. A fine ranging from 3.000.000 VND to 4.000.000 VND shall be imposed for any of the following violations:
dd) The person who is given a suspended sentence leaves his/her residence without permission or the consent of the People's Committee of the commune or fails to be present at his/her resident longer than the length of time he/she is allowed to be absent;
e) The person who is given a suspended sentence changes his/her place of residence without the consent of the competent authorities;
Thus, in case a person serving a suspended sentence moves from his/her residence to another place to work without permission, he/she will be fined from VND 3,000,000 to VND 4,000,000.
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