Vietnam: Can a person serving the sentence of prohibition from holding certain positions continue to perform prohibited jobs after serving the sentence?
- Procedures for execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs
- Can a person serving the sentence of prohibition from holding certain positions continue to perform prohibited jobs after serving the sentence?
- How to handle if the sentenced person dies?
Procedures for execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs
According to the provisions of Article 129 of the 2019 Law on Execution of Criminal Judgments in Vietnam on the procedures for execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs as follows:
- Two months before the expiration of the term of the prison sentence against an inmate subject to the additional sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs, the superintendent of the prison or detention center, or the head of the criminal judgment execution agency of the district-level police office of the place in which this inmate serves the prison sentence shall notify in writing the execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs to the commune-level People's Committee, the criminal judgment execution agency of the district-level police office and the district-level people's procuracy of the place in which this inmate will come to reside or to the criminal judgment execution agency and the procuracy of the military zone in which the unit such person will work in is based.
- Right after an inmate subject to the additional sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs completely serves the prison sentence, the prison, detention center or criminal judgment execution agency of the provincial-level police department shall send the certificate of complete serving of the prison sentence and copies of the judgment and the judgment execution decision to the Department of Justice, the criminal judgment execution agency of the district-level police office and the district-level procuracy of the place in which this inmate will come to reside or to the criminal judgment execution agency and the procuracy of the military zone in which the unit such person will work in is based.
- Within 5 working days after receiving the documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier for execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs and notify such in writing to the commune-level People's Committee of the locality in which the sentenced person will reside. Such a dossier comprises:
+ A copy of the legally effective court judgment or decision; a copy of the judgment execution decision;
+ The certificate of complete serving of the prison sentence;
+ Other relevant documents.
- In case a person subject to an additional penalty of prohibition from holding certain positions, practicing certain professions or performing certain jobs is obliged to serve the principal penalty of warning, fine or community sentence or is allowed to serve a suspended sentence, the term of the prohibition from holding certain positions, practicing certain professions or performing certain jobs shall be counted from the date the judgment becomes legally effective. The court which has issued the judgment execution decision shall send copies of the judgment and the judgment execution decision to the Department of Justice, the criminal judgment execution agency of the district-level police office and procuracy of the place in which such person will reside or the criminal judgment execution agency and procuracy of the military zone in which the unit such person will work in is based. Upon receiving the judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier and notify such to the agency, organization or military unit in which the person serving the sentence will work or the commune-level People's Committee of the place in which such person will reside.
- The criminal judgment execution agency of the district-level police office or military zone shall monitor and supervise the serving of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs under the court judgment. During the serving time, if the sentenced person is found holding a prohibited position, practicing a prohibited profession or performing a prohibited job, the criminal judgment execution agency of district-level police office or of military zone shall notify his/her place of work of such violation to compel him/her to strictly serve the judgment.
- Upon the expiration of the sentence term, the criminal judgment execution agency of the district-level police office or of military zone shall grant a certificate of complete serving of the sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/she resides, the agency, organization or military unit in which he/she works, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-issuing criminal judgment execution agency is based.
- If the sentenced person dies, the People’s Committee of commune where he/she resides or military unit where he/she works shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the criminal judgment execution agency of district-level police office or of military zone, the same-level procuracy, the People’s Committee of commune where the sentenced person resides or the military unit where the sentenced person works, and Department of Justice of province where the court which issued the decision is based.
Vietnam: Can a person serving the sentence of prohibition from holding certain positions continue to perform prohibited jobs after serving the sentence?
Can a person serving the sentence of prohibition from holding certain positions continue to perform prohibited jobs after serving the sentence?
According to the provisions of Article 130 of the 2019 Law on Execution of Criminal Judgments in Vietnam on the obligations of persons serving the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs:
- Report on positions, professions or jobs he/she is prohibited from holding, practicing or performing to the agency or organization in which he/she works and to the commune-level People's Committee of the place in which he/she resides.
- Refrain from further holding, practicing or doing or to be forced to refuse holding, practicing or doing certain positions, professions or jobs subject to the prohibition.
- Refrain from standing for the prohibited positions.
- Report the People’s Committee of commune where he/she resides in case he/she no longer works for his/her agency or organization or changes the workplace.
- Present him/herself when being summoned by a competent agency in relation to his/her judgment execution.
Thus, a person serving the sentence of prohibition from holding certain positions can not continue to perform prohibited jobs after serving the sentence
How to handle if the sentenced person dies?
According to the provisions of Clause 7, Article 129 of the 2019 Law on Execution of Criminal Judgments in Vietnam as follows:
- If the sentenced person dies, the People’s Committee of commune where he/she resides or military unit where he/she works shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision.
- Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the criminal judgment execution agency of district-level police office or of military zone, the same-level procuracy, the People’s Committee of commune where the sentenced person resides or the military unit where the sentenced person works, and Department of Justice of province where the court which issued the decision is based.
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