What must be included in decisions to execute suspended sentences in Vietnam? Which agencies and individuals must the decisions to execute suspended sentences in Vietnam be sent?
What must be included in decisions to execute suspended sentences in Vietnam?
Pursuant to the provisions of Clause 1, Article 84 of the 2019 Law on Execution of Criminal Judgments in Vietnam:
Decision to execute a suspended sentence
1. A decision to execute a sentence must clearly indicate the full name of the decision maker; the judgment or decision to be executed; name of the agency responsible for the execution; full name, date of birth and place of residence of the person serving the suspended sentence; the imprisonment sentence and probation period to be served by such person; additional penalty(ies) except for fines; penalties for probation violation prescribed in Clause 5 Article 65 of the Criminal Code; the commune-level People's Committee or military unit assigned to supervise and educate such persons serving suspended sentence.
According to the above provisions, a decision to execute a sentence must contain the following contents:
- The full name of the decision maker;
- The judgment or decision to be executed;
- Name of the agency responsible for the execution;
- Full name, date of birth and place of residence of the person serving the suspended sentence;
- The imprisonment sentence and probation period to be served by such person;
- Additional penalty(ies) except for fines;
- Penalties for probation violation;
- The commune-level People's Committee or military unit assigned to supervise and educate such persons serving suspended sentence.
What must be included in decisions to execute suspended sentences in Vietnam? Which agencies and individuals must the decisions to execute suspended sentences in Vietnam be sent?
Which agencies and individuals must the decisions to execute suspended sentences in Vietnam be sent?
Pursuant to the provisions of Clause 2, Article 84 of the 2019 Law on Execution of Criminal Judgments in Vietnam, the decision to execute a suspended sentence must be sent to the following agencies and individuals:
- The person serving the suspended sentence and his/her representative if such person is a minor;
- The same-level procuracy;
- The criminal judgment execution agency of the district-level police office of the place in which the person concerned resides or the criminal judgment execution agency of the military zone in which such person works;
- The People’s Committee of commune or the military unit in charge of the persons serving suspended sentence;
- The Department of Justice of the province where the issuing court is based.
Note: The time limit for sending the decision to execute a suspended sentence is within 03 working days after issuing a decision to execute a suspended sentence.
What are the procedures for execution of decisions to execute suspended sentences in Vietnam?
Pursuant to the provisions of Article 85 of the 2019 Law on Execution of Criminal Judgments in Vietnam, the procedures for execution of decisions to execute suspended sentences are as follows:
(1) Within 3 working days after receiving the judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall summon the person serving the suspended sentence or a lawful representative of the minor serving suspended sentence to the head office of the commune-level People's Committee of the place in which such person resides or the military unit for which such person works and he/she shall commit to serve the sentence.
The person serving suspended sentence or representative must present himself/herself upon the summons, except for force majeure events or objective hindrance.
If the persons serving suspended sentence fails to present him/herself upon the summons or commit to serve the sentence, the criminal judgment execution agency of district-level police office or of military zone shall take a record of probation violation.
(2) On receiving the judgment execution decision, the criminal judgment execution agency of district-level police office or of military zone shall prepare a judgment execution dossier and send a copy of dossier to the People’s Committee of commune or the military unit in charge assigned to supervise and educate the persons serving suspended sentence. Such dossier includes:
- The legally effective court judgment or decision;
- The decision to execute the suspended sentence;
- Commitment of the person serving suspended sentence. If such person is between full 14 years and under 16 years old, his/her commitment must be certified by his/her lawful representative;
- Other relevant documents.
(3) Within 7 days after summoning the person serving the suspended sentence, the commune-level People's Committee or military unit assigned to supervise and educate the person serving suspended sentence shall prepare a dossier of such person. Such dossier includes:
- Copies of documents prescribed in Clause 2 Article 84 of the 2019 Law on Execution of Criminal Judgments in Vietnam;
- Remark of the person serving suspended sentence’s compliance with probation conditions made by the People’s Committee of commune or the military unit in charge;
- The self-evaluation of the person serving suspended sentence’s compliance with probation conditions; and a written self-criticism and a meeting minutes of formal criticism if the person serving suspended sentence is put on formal criticism as prescribed in Article 91 of the 2019 Law on Execution of Criminal Judgments in Vietnam;
- A decision on shortening probation period if the person serving suspended sentence is so granted by the court;
- Other relevant documents.
(4) Three days before the probation period expires, the People’s Committee of commune or the military unit in charge shall hand over the dossier of the person serving suspended sentence to the criminal judgment execution agency of district-level police office or of military zone.
On the final day of the probation period, the criminal judgment execution agency of district-level police office or of military zone in charge shall issue a certificate of complete serving of probation period.
The certificate shall be sent to the person serving suspended sentence, the People’s Committee of commune or the military unit in charge, the court which issued the judgment execution decision, the same-level Procuracy and Department of Justice of province where the court which issued the judgment execution decision is based.
(5) If the person serving suspended sentence dies, 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 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 to the following agencies:
- The same-level procuracy;
- The criminal judgment execution agency of the district-level police office of the place in which the person concerned resides or the criminal judgment execution agency of the military zone in which such person works;
- The People’s Committee of commune or the military unit in charge of the persons serving suspended sentence;
- The Department of Justice of the province where the issuing court is based.
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