How to conduct the request for annulment of parole decision in Vietnam? What is the request dossier for annulment of parole decision?
How to conduct the request for annulment of parole decision in Vietnam?
Pursuant to the provisions of Clause 1, Article 15 of Joint Circular No. 01/2023/TTLT-BCA-BQP-TANDTC-VKSNDTC as follows:
Annulment of parole decision
1. The request for annulment of parole decision shall be made as follows:
a) Within 3 working days from the date of making the record of the second violation of the obligation or receiving the decision on penalty for the second administrative violation, the People's Committee of commune or military unit shall report to the execution agency of district police or military zone (enclosed with the record of violation and decision on penalty of administrative violation) to request the competent courts to make a decision.
b) Within 3 working days from the date of receipt of the report from the People's Committee of commune or the military unit, the execution agency of the district police or military zone shall make a request for annulment of parole decision, and then transfer it to the court that has issued such parole decision for considering annulment of the parole decision, as well as send 1 set of request to the same-level Procuracy.
c) The request for annulment of parole decision shall be made in accordance with Clause 1, Article 71 of the Law on Execution of Criminal Judgments.
Thus, the request for annulment of parole decision shall be made as follows:
- Step 1: The People's Committee of commune or military unit shall report to the execution agency of district police or military zone (enclosed with the record of violation and decision on penalty of administrative violation) to request the competent courts to make a decision within 3 working days from the date of making the record of the second violation of the obligation or receiving the decision on penalty for the second administrative violation.
- Step 2: The execution agency of the district police or military zone shall make a request for annulment of parole decision, and then transfer it to the court that has issued such parole decision for considering annulment of the parole decision, as well as send 1 set of request to the same-level Procuracy within 3 working days from the date of receipt of the report from the People's Committee of commune or the military unit.
The request dossier for annulment of parole decision includes:
- A request for cancellation of the decision on parole made by the criminal judgment execution agency of district-level police office or of military zone;
- A report on parole violation or decision on penalty for administrative violation;
- A report on the parole’s compliance with parole conditions during his/her probation period made by the criminal judgment execution agency of district-level police office or of military zone;
- A copy of the court judgment or decision; a copy of the decision on parole;
- Other relevant documents.
How to conduct the request for annulment of parole decision in Vietnam? What is the request dossier for annulment of parole decision? (Image from the Internet)
How to consider annulment of parole decision in Vietnam?
Pursuant to the provisions of Clause 2, Article 15 of Joint Circular No. 01/2023/TTLT-BCA-BQP-TANDTC-VKSNDTC as follows:
Annulment of parole decision
…
2. The annulment of parole decision shall be considered in compliance with Clause 4, Article 71 of the Law on Execution of Criminal Judgments.
At the same time, according to the provisions of Clause 4, Article 71 of the 2019 Law on Execution of Criminal Judgments in Vietnam as follows:
Cancellation of decision on parole
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4. Procedures for the court to consider canceling decisions on parole shall conform to Article 368 of the Criminal Procedure Code.
Thus, the annulment of parole decision shall be considered as follows:
- The criminal sentence enforcement unit of the district Police office adjacent to the residential location of the person on parole or the military unit managing such person must submit documents to the Procuracy and Court that decided the parole. The said Procuracy and Court shall consider such documents to annul the decision issued and compel that person to serve the jail time remaining.
- The court, in 05 days upon receiving a request, must hold a meeting to review details and make decision.
The court, in 03 days upon annulling the parole decision, must send its new decision to the convict, equivalent Procuracy, immediate superior Procuracy, authority making the application, Court that ordered sentence enforcement, criminal sentence enforcement unit of district Police or military zone, local authorities at the commune, ward or town where the person on parole resides, military unit managing such person, and Department of Justice adjacent to the office of the Court issuing the decision.
Note: The procuracy and the convict are entitled to appeal or complain, respectively, against the decision to approve or reject the parole and the decision to annul the parole decision.
How to carry out the annulment of parole decision in Vietnam?
Pursuant to the provisions of Clause 3, Article 15 of Joint Circular No. 01/2023/TTLT-BCA-BQP-TANDTC-VKSNDTC as follows:
Annulment of parole decision
…
3. The annulment of parole decision shall be carried out in compliance with Clause 2, Article 71 of the Law on Execution of Criminal Judgments in Vietnam. The execution agency of the district police or military zone shall send a notice to the same-level procuracy for supervision.
Thus, the annulment of parole decision shall be carried out in compliance with the above provisions.
Within 3 working days from the date on which the decision on cancellation of the decision on parole becomes effective, the criminal judgment execution agency of district-level police office or of military zone shall notify the parolee concerned in writing.
Within 7 days after receiving such a notice, the parolee concerned must present himself/herself at the criminal judgment execution agency of district-level police office or of military zone to serve the remainder of the sentences in prison. If he/she fails to appear within the time limit, the criminal execution and judicial assistance police or judicial guard shall escort him/her to serve his/her sentence.
If the parolee concerned escapes, the criminal judgment execution agency of district-level police office or of military zone shall request the competent criminal judgment execution agency to release a wanted notice.
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