If a minor is seriously ill, shall he/she be allowed to postpone the serving of the measure of sending to a reformatory in Vietnam?
- If a minor is seriously ill, shall he/she be allowed to postpone the serving of the measure of sending to a reformatory in Vietnam?
- What are the procedures for execution of the measure of sending minor offenders to a reformatory in Vietnam?
- Vietnam: What are the procedures for requesting the court which has issued the decision to apply the measure of sending to a reformatory to consider and decide the postponement?
If a minor is seriously ill, shall he/she be allowed to postpone the serving of the measure of sending to a reformatory in Vietnam?
Pursuant to Clause 1, Article 142 of the Law on Execution of Criminal Judgments 2019 provides as follows:
Postponement or suspension of the serving of the measure of sending to a reformatory
1. A minor may be allowed to postpone the serving of the measure of sending to a reformatory in the following cases:
a) He/she is seriously ill, receiving an intensive medical care or physically unable to move as certified by a health facility or a hospital of district or higher level;
b) He/she has another plausible reason as certified by the head of the criminal judgment execution agency of the district-level police office,
Accordingly, persons under 18 years of age who are seriously ill, receiving intensive medical care or physically unable to move as certified by a health facility or a hospital of district or higher level can be allowed to postpone the serving of the measure of sending to a reformatory.
If a minor is seriously ill, shall he/she be allowed to postpone the serving of the measure of sending to a reformatory in Vietnam?
What are the procedures for execution of the measure of sending minor offenders to a reformatory in Vietnam?
Pursuant to Article 141 of the Law on Execution of Criminal Judgments 2019, the procedures for execution of the measure of sending minor offenders to a reformatory in Vietnam are as follows:
- Within 3 working days after issuing a judgment or decision to apply the measure of sending a minor offender to a reformatory, the court shall send such judgment or decision to the minor or his/her representative and the criminal judgment execution agency of the district-level police office of the place in which he/she resides.
- Within 3 working days after receiving the court judgment or decision, the criminal judgment execution agency of the district-level police office of the place in which the minor resides shall report such to the criminal judgment execution management agency of the Ministry of Public Security for issuance of a decision to send him/her to a reformatory.
- Within 3 working days after receiving the court judgment or decision, the criminal judgment execution agency of the district-level police office of the place in which the minor resides shall report such to the criminal judgment execution management agency of the Ministry of Public Security for issuance of a decision to send him/her to a reformatory.
- Within 5 working days after receiving the decision of the criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution agency of the district-level police office shall compile a dossier and hand over the minor to the reformatory. Such a dossier comprises:
+ A copy of the legally effective court judgment;
+ The decision to send the minor to a reformatory;
+ The minor's resume certified by the commune-level People's Committee;
+ The personal identification statement;
+ Other relevant documents.
- Upon receiving the person subject to the measure of sending to a reformatory (below referred to as reformatory inmate), the principal of the reformatory shall examine the dossier and make a report on the handover and receipt and offer medical check-ups for reformatory inmates. Within 5 working days after receiving the reformatory inmate, the principal of the reformatory shall notify the receipt of the reformatory inmate to his/her parents or lawful representative.
Vietnam: What are the procedures for requesting the court which has issued the decision to apply the measure of sending to a reformatory to consider and decide the postponement?
Pursuant to Article 142 of the Law on Execution of Criminal Judgments 2019, the procedures for requesting the court which has issued the decision to apply the measure of sending to a reformatory to consider and decide the postponement is as follows:
- The criminal judgment execution agency of the district-level police office shallcarry out procedures for requesting the court which has issued the decision to apply the measure of sending to a reformatory to consider and decide the postponement. Such a dossier comprises:
+ A request of the person subject to the measure of sending to a reformatory made by such person or his/her representative;
+ A conclusion of the health facility of district or higher level on the illness of the person subject to the measure of sending to a reformatory;
+ A guarantee of the representative of the person subject to the measure of sending to a reformatory, certified by the local government.
- If a reformatory inmate suffers a serious illness, the principal of the reformatory shall prepare a dossier and request the court of district where the reformatory is located in writing to consider the suspension of the measure. A request dossier for suspension shall be made in accordance with Clause 2 hereof.
- Within 5 working days after receiving such a request dossier, the chief judge of the district-level court shall consider and issue a decision.
- Within 3 working days from the date on which the court issues a decision on postponement or suspension of serving the measure of sending to the reformatory, the court shall send such decision to the following individuals and agencies:
+ The person subject to the measure of sending to a reformatory or his/her representative;
+ The criminal judgment execution agency of district-level police office which has requested the application of the measure of sending to a reformatory;
+ The same-level procuracy;
+ The court which has issued the decision to apply the measure of sending to a reformatory in case of suspension.
- When the reason for postponement or suspension no longer exists, the criminal judgment execution agency of the district-level police office where the person subject to the measure of sending to a reformatory resides shall notify such to the court which has issued the decision and sent such person to the reformatory.
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