What is the time for consideration for the reduction of the duration of serving a prison sentence? What does the proposal dossier for reduction of the duration of serving a prison sentence in Vietnam include?
What is the time for consideration for the reduction of the duration of serving a prison sentence in Vietnam?
Under the provisions in Article 12 of the Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP:
Time for consideration for the reduction of the duration of serving prison sentence
1. The consideration for the reduction of the duration of serving prison sentence shall be conducted three times a year, on the following occasions: Victory Day (April 30), National Day (September 2), and Tet (Lunar New Year). For prisons and detention centers under the Ministry of National Defense, the consideration for the reduction of the duration of serving prison sentence shall be conducted on the founding day of the Vietnam People's Army and the All-People's National Defense Festival (December 22) instead of during Tet. The year for reviewing the reduction of the prison term is determined from January 1 to December 31 of that year.
2. Each year, an inmate may only have his/her prison sentence reduced once as specified in Article 38 of the Law on Execution of Criminal Judgments. After the first review, if in subsequent years the inmate meets the legal conditions, they will be considered for reduction in the same period as his/her initial reduction. If a reduction has been granted and the remaining prison term is less than one year, the following year can request for an early reduction by one period, but still must ensure only one reduction per year.
Thus, each year, the consideration for the reduction of prison sentences shall be conducted on following occasions:
+ Victory Day on April 30
+ National Day on September 2
+ Tet (Lunar New Year)
What is the time for consideration for the reduction of the duration of serving a prison sentence? What does the proposal dossier for reduction of the duration of serving a prison sentence in Vietnam include? (Photo from the Internet)
Which authority has the jurisdiction to propose the reduction of the duration of serving a prison sentence in Vietnam?
Under the provision in Clause 1 Article 38 of the Law on Execution of Criminal Judgments 2019:
Procedures for reduction of the duration of serving prison sentence
1. Competent agencies specified at Points a and b, Clause 1, Article 36 of this Law may request reduction of the duration of serving prison sentences.
The following authorities have the jurisdiction to propose the reduction of the duration of serving a prison sentence in Vietnam:
- Prisons and detention centers of the Ministry of Public Security; detention centers of the Ministry of National Defense;
- Criminal judgment execution agencies of the provincial-level police department and of military zones;
What does the proposal dossier for reduction of the duration of serving a prison sentence in Vietnam include?
Under the provisions in Article 38 of the Law on Execution of Criminal Judgments 2019:
Procedures for reduction of the duration of serving prison sentence
...
2. Agencies competent to request reduction of the duration of serving prison sentences shall compile dossiers and send them to provincial-level People's Courts and military courts of military zones in which the inmates concerned are serving their sentences for consideration and decision, and a dossier to the same-level procuracies. A request dossier comprises:
a) A copy of the judgment: for consideration of reduction of the sentence from the second time on, a copy of the judgment execution decision is required instead;
b) A written request of the competent agency for the reduction;
c) Quarterly, biannual and annual assessment grades of the serving of the prison sentence; commendation decision(s) or certificate(s) of the inmate's merits issued by competent agency(ies);
d) The conclusion of a provincial- or military zone- or higher-level hospital or medical examination council on the illness, for inmates suffering a fatal disease or a document showing that inmate is a decrepit old person;
dd) A copy of the decision to reduce the duration of serving the prison sentence, for inmates who have been granted a reduction;
e) Proof of compensation for civil obligations paid by the person whose duration of serving prison sentence is requested for reduction.
Afterward, wWithin 15 days after receiving a request dossier for reduction of the duration of serving the prison sentence, the chief judge of people's court of province or the chief judge of military court of the military zone in which the inmate is serving his/her sentence shall establish a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
- Within 3 working days after issuing a decision to reduce the duration of serving the prison sentence, the court shall send this decision to the sentenced person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based, Ministry of Foreign Affairs in a case where the sentenced person concerned is a foreigner.
- The consideration for reduction of the duration of serving prison sentences shall be carried out 3 times a year. A sentenced person may only be considered for reduction of the duration of serving prison sentence once a year. After the sentenced person is granted the reduction of duration of serving the prison sentence, if there are special grounds showing that he/she deserves greater leniency, such as he/she has made merits, is a decrepit old person or has suffered a fatal disease. He/she may be considered for further reduction of duration of serving prison sentence but not exceeding twice a year.
LawNet
