Vietnam: Which agency will receive expulsion sentence execution decisions? Who will pay expenses for executing an expulsion sentence?
What are the regulations on expulsion sentence execution decisions in Vietnam?
Pursuant to Article 118 of the Law on Execution of Criminal Judgments 2019 as follows:
Expulsion sentence execution decisions
1. In case expulsion is the principal penalty or an additional penalty while the principal penalty is a fine, the court which has conducted the first-instance trial shall issue a judgment execution decision. Such a decision must clearly indicate the full name and position of the decision maker; the judgment to be executed; the full name, date of birth and place of residence of the sentenced person; additional penalty(ies); and the name of the agency responsible for executing the sentence.
2. In case expulsion is an additional penalty, the judgment execution decision must fully indicate the principal penalty and the additional penalty, except the case specified in Clause 1 of this Article.
According to the above provisions, in case expulsion is the principal penalty or an additional penalty while the principal penalty is a fine, the court which has conducted the first-instance trial shall issue a judgment execution decision.
Such a decision must clearly indicate the full name and position of the decision maker; the judgment to be executed; the full name, date of birth and place of residence of the sentenced person; additional penalty(ies); and the name of the agency responsible for executing the sentence.
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Which agency will receive expulsion sentence execution decisions in Vietnam?
Pursuant to Article 119 of the Law on Execution of Criminal Judgments 2019 as follows:
Notification of expulsion sentence execution
1. A court which issues an expulsion sentence execution decision under Clause 1 of Article 118 of this Law shall promptly send this decision to the criminal judgment execution agency of the provincial-level police department, the same-level procuracy and the provincial-level Justice Department of the place in which the issuing court is based. The criminal judgment execution agency of the provincial-level police department shall deliver the judgment execution decision to the sentenced person and promptly notify such to the Ministry of Foreign Affairs of Vietnam, the diplomatic representation mission or the consular office of the country of which the sentenced person is a citizen or the representative office of the international organization in which he/she works, and the agency or organization which has sponsored his/her entry in Vietnam. In case the sentenced person is held in a detention center, the decision shall be sent to the detention center and the criminal judgment execution agency of the district-level police office in the place of detention for subsequent delivery to such person.
2. In case an inmate is subject to the additional penalty of expulsion under Clause 2, Article 118 of this Law, 2 months before the expiration of the prison sentence term, the superintendent of the prison notify in writing to such inmate and the criminal judgment execution agency of the provincial-level police department of the place in which the prison is based. The criminal judgment execution agency of the provincial-level police department shall notify such to the Ministry of Foreign Affairs of Vietnam, the diplomatic representation mission or the consular office of the country of which the person subject to the expulsion sentence is a citizen or the representative office of the international organization in which he/she works, and the agency or organization which has sponsored his/her entry in Vietnam.
Accordingly, the expulsion sentence execution decision will be sent by the court which has conducted the first-instance trial to the criminal judgment execution agency of the provincial-level police department, the same-level procuracy and the provincial-level Justice Department of the place in which the issuing court is based.
Who will pay expenses for executing an expulsion sentence in Vietnam?
Pursuant to Article 124 of the Law on Execution of Criminal Judgments 2019 as follows:
Expulsion expenses
Persons serving the expulsion sentence shall bear all air, road, railway and sea travel fares for their exit from the Vietnamese territory. In case such a person is unable to bear these expenses him/herself, the criminal judgment execution agency of the provincial-level police department shall cooperate with the immigration management agency in requesting the diplomatic mission or consular office of the country of which such person is a citizen or the representative office of the international organization in which he/she works or the agency or organization which has sponsored his/her entry in Vietnam to pay expenses for sending him/her to his/her country. In case a request has already been made but such agency or organization still fails to pay expenses and expulsion must be executed immediately for a national security reason, the head of the criminal judgment execution agency of the provincial-level police department shall report such to the criminal judgment execution management agency of the Ministry of Public Security for decision on use of the slate budget to pay air, road, railway and sea travel fares for such person.
Thus, persons serving the expulsion sentence shall bear all air, road, railway and sea travel fares for their exit from the Vietnamese territory.
In case such a person is unable to bear these expenses him/herself, the criminal judgment execution agency of the provincial-level police department shall cooperate with the immigration management agency in requesting the diplomatic mission or consular office of the country of which such person is a citizen or the representative office of the international organization in which he/she works or the agency or organization which has sponsored his/her entry in Vietnam to pay expenses for sending him/her to his/her country.
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