Vietnam: Can the person whose sentence is postponed leave his/her place of residence during the postponement period?
- Can the person whose sentence is postponed leave his/her place of residence during the postponement period?
- How to deal with if the person whose sentence is postponed wants to change his/her place of residence?
- If the person whose sentence is postponed commits a new crime, will the decision to postpone the serving of the prison sentence be canceled?
Can the person whose sentence is postponed leave his/her place of residence during the postponement period?
Pursuant to the provisions of Clause 3, Article 25 of the 2019 Law on Execution of Criminal Judgments in Vietnam:
Execution of decisions to postpone the serving of prison sentences
…
3. Within 3 working days after receiving the copy of the decision to postpone the serving of the prison sentence, the People’s Committee of commune or military unit shall prepare the dossier of the person whose sentence is postponed.
The People’s Committee of commune or military unit in charge shall send monthly reports on management of the person whose sentence is postponed to the criminal judgment execution agency of district-level police office or of military zone.
The person whose sentence is postponed may not leave his/her place of residence during the postponement period without consent of the People’s Committee of commune or military unit in charge and must present himself/herself upon subpoenas of that People’s Committee of commune or military unit.
The change of place of residence or work of the person whose sentence is postponed shall conform to Article 68 of this Law.
If the person whose sentence is postponed has received treatment at a hospital located outside the place of residence due to his/her serious disease, the People’s Committee of commune or military unit in charge shall cooperate with his/her family to manage him/her.
Thus, according to the above provisions, the person whose sentence is postponed may not leave his/her place of residence during the postponement period without consent of the People’s Committee of commune or military unit in charge and must present himself/herself upon subpoenas of that People’s Committee of commune or military unit.
Vietnam: Can the person whose sentence is postponed leave his/her place of residence during the postponement period? (Image from the internet)
How to deal with if the person whose sentence is postponed wants to change his/her place of residence?
According to the provisions of Clause 3, Article 25 of the 2019 Law on Execution of Criminal Judgments in Vietnam, the change of place of residence or work of the person whose sentence is postponed shall conform to the case of dealing with parolee’s change of place of residence or work according to Article 68 of the 2019 Law on Execution of Criminal Judgments in Vietnam.
Thus, a person whose sentence is postponed must ensure the following conditions in order to be considered and settled for a change of place of residence:
+ The requirements prescribed in law on residence are met;
+ The parolee obtains a permission from the criminal judgment execution agency of district-level police office if he/she changes his/her place of residence within a district or from the criminal judgment execution agency of provincial-level police department if he/she changes his/her place of residence beyond the scope of a district, or from the criminal judgment execution agency of the Ministry of Public Security if he/she changes his/her place of residence beyond the scope of province.
In addition, when there is a legitimate reason to change the place of residence or workplace, the person must make an application certified by the commune-level People's Committee or the military unit assigned to manage it and send it to the criminal judgment execution agency of the district-level police office or to the military zone-level criminal judgment execution agency.
If the person whose sentence is postponed commits a new crime, will the decision to postpone the serving of the prison sentence be canceled?
Pursuant to the provisions of Clause 4, Article 25 of the 2019 Law on Execution of Criminal Judgments in Vietnam as follows:
Execution of decisions to postpone the serving of prison sentences
…
4. During the postponement period, if the person whose sentence is postponed commits a new crime, escapes or violates the law adversely affecting the security, social safety and order, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to request the competent chief judge to consider issuing a decision to cancel the decision to postpone the serving of the prison sentence.
Within 3 working days after issuing a decision to cancel the decision to postpone the serving of a prison sentence, the issuing court shall send the decision to the individuals and agencies prescribed in Clause 3 Article 24 of this Law. Immediately after obtaining the decision of the court, the criminal judgment execution agency of district-level police office or of military zone shall execute the judgment.
If the person whose sentence is postponed escapes, the criminal judgment execution agency of district-level police office or of military zone shall release a wanted notice and organize the pursuit.
Thus, during the postponement period, if the person whose sentence is postponed commits a new crime, escapes or violates the law adversely affecting the security, social safety and order, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to request the competent chief judge to consider issuing a decision to cancel the decision to postpone the serving of the prison sentence.
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