Vietnam: What is the order of execution of decisions to execute prison sentences of people sentenced to prison who are currently held in a detention center of military zones?
- What are the regulations on decisions to execute prison sentences in Vietnam?
- What is the order of execution of decisions to execute prison sentences of people sentenced to prison who are currently held in a detention center of military zones in Vietnam?
- What is the order of execution of decisions to execute prison sentences of people sentenced to prison who are currently in detention?
What are the regulations on decisions to execute prison sentences in Vietnam?
Pursuant to Article 22 of the 2019 Law on Execution of Criminal Judgments of Vietnam, the contents of decisions to execute prison sentences in Vietnam are as follows:
- A judgment execution decision must clearly indicate:
+ The full name and position of the decision maker;
+ The judgment or decision to be executed;
+ Name of the agency responsible for executing the decision;
+ Full name, date of birth and place of residence of the convict;
+ The duration of serving the prison sentence and the duration of serving additional penalty(ies). In case the convict is on bail, the decision must clearly state that, within 7 days after receiving the decision, the convict must present himself/herself at the criminal judgment execution agency of the district-level police office of the place where he/she resides or the criminal judgment execution agency of the military zone where he/she works.
- Within 3 working days after issuing a decision to execute a prison sentence, the issuing court shall send the decision to the following individuals and agencies:
+ The sentenced person and his/her representative if the sentenced person is under 18 years of age;
+ The same-level procuracy;
+ The criminal judgment execution agency of the provincial-level police department or military zone;
+ The detention center where the sentenced person is held or the criminal judgment execution agency of the district-level police office in charge of the custody house where the sentenced person is held or the place of residence where the sentenced person is on bail;
+ The Department of Justice of the province where the issuing court is based;
+ Ministry of Foreign Affairs in a case where the sentenced person is a foreigner.
Vietnam: What is the order of execution of decisions to execute prison sentences of people sentenced to prison who are currently held in a detention center of military zones?
What is the order of execution of decisions to execute prison sentences of people sentenced to prison who are currently held in a detention center of military zones in Vietnam?
Pursuant to Clause 2, Article 23 of the 2019 Law on Execution of Criminal Judgments of Vietnam stipulating the order of execution of decisions to execute prison sentences of people sentenced to prison who are currently held in a detention center of military zones as follows:
- In case the person sentenced to prison is currently in detention center of military zone, within 3 working days after receiving the judgment execution decision, the prison shall serve the judgment execution decision on such person and report it to the criminal judgment execution management agency of military zone.
- Within 5 working days after receiving the report, the criminal judgment execution agency of military zone shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment execution management agency of the Ministry of National Defense.
+ In case the person sentenced to prison is currently held in a detention center of the Ministry of National Defense, this detention center shall serve the judgment execution decision on such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of National Defense.
+ If the sentenced person is convicted of another criminal offense, the prison shall serve the new judgment execution decision on such person.
- Within 5 working days after receiving the report of the criminal judgment execution agency of military zone or detention center of the Ministry of National Defense, the criminal judgment execution management agency of the Ministry of National Defense shall issue a decision to send the sentenced person to serve the sentence.
- Pending transfer to a place for serving his/her prison sentence, the sentenced person is eligible for the regime applicable to inmates.
What is the order of execution of decisions to execute prison sentences of people sentenced to prison who are currently in detention?
Pursuant to Clause 1, Article 23 of the 2019 Law on Execution of Criminal Judgments of Vietnam, the order of execution of decisions to execute prison sentences of people sentenced to prison who are currently in detention is as follows:
- In case the person sentenced to prison is currently in detention, within 3 working days after receiving the judgment execution decision, the detention center of the provincial-level police department or the criminal judgment execution agency of the district-level police office shall serve the judgment execution decision on such person and report it to the criminal judgment execution agency of the provincial-level police department.
- Within 5 working days after receiving the report, the criminal judgment execution agency of the provincial-level police department shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment execution management agency of the Ministry of Public Security.
+ In case the person sentenced to prison is currently held in a detention center of the Ministry of Public Security, this detention center shall serve the judgment execution decision on such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of Public Security.
+ If the sentenced person is convicted of another criminal offense, the prison shall serve the new judgment execution decision on such person.
- Within 5 working days after receiving the report of the criminal judgment execution agency of the provincial-level police department or detention center of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of Public Security shall issue a decision to send the sentenced person to serve the sentence.
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