What are the contents of the application form for postponement of serving a prison sentence as prescribed by Vietnamese law? Which authority receiving application forms for postponement of serving a prison sentence?
What are the contents of the application form for postponement of serving a prison sentence as prescribed by Vietnamese law?
According to the provisions of Clause 2, Article 5 of Joint Circular 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP regarding the application form for postponement of serving a prison sentence:
Procedures for postponement of serving a prison sentence
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2. The application form or written request for the postponement of serving a prison sentence must be sent to the court that issued the execution decision within 03 days from the date of receipt of the execution decision, except in cases of force majeure events or objective obstacles and must include the following contents:
a) Date of the application form or written request;
b) Name of the receiving court;
c) Full name, year of birth, residence, workplace of the person serving a sentence outside of prison;
d) Number, date, month, year of the judgement, the offense, the penalty decision in the legally effective judgment; number, decision to execute the imprisonment sentence;
đ) Reason for requesting postponement of serving a prison sentence;
e) List of documents accompanying the application or document;
g) If the person sentenced to imprisonment or their relatives make the application, it must be signed or fingerprinted, with the confirmation of the People's Committee of the commune where the person sentenced resides; if the agency requests it, the document must be signed and stamped by the legal representative of that agency.
Simultaneously, the application form or written request for postponement, and accompanying documents must be sent to the court that issued the execution decision in the following ways:
- Direct submission to the court;
- Submission to the court via postal service;
- Online submission through the court's web portal (if available).
The date on which the application form or written requestis received is the one the agency or individual submits it to the court or the court receives it from the postal service. If the application form or written requestis sent via the court’s web portal, the date on which the application form or written requestis received is the date the court’s web portal acknowledges receipt of the application form or written requestsent by the agency or individual.
What are the contents of the application form for postponement of serving a prison sentence as prescribed by Vietnamese law? Which authority receiving application forms for postponement of serving a prison sentence?
What are the regulations on the application for postponement of serving a prison sentence in Vietnam?
According to the provisions of Article 6 of Joint Circular 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP:
- The application for postponement of serving a prison sentence in Vietnam includes the following documents:
+ Application form or written request for postponement of serving a prison sentence;
+ Copy of the legally effective judgment or excerpt of the judgment;
+ Copy of the decision to execute the imprisonment sentence;
+ For persons sentenced to imprisonment suffering from severe illness to the extent that they cannot serve the imprisonment sentence and serving it would endanger their life, there must be a medical examination council's conclusion or a copy of the medical records, the conclusion from a provincial or regional hospital or higher, or the conclusion of a public forensic organization regarding the illness status of the person sentenced. A severely ill person is someone who suffers from one of the following critical illnesses: End-stage cancer, severe drug-resistant tuberculosis, ascites cirrhosis, heart failure grade III or higher, kidney failure grade IV or higher, or other illnesses leading to an inability to self-serve, poor prognosis, high risk of death;
+ For persons sentenced to imprisonment who are infected with HIV that has progressed to clinical stage IV, there must be HIV test results as prescribed by the Ministry of Health and a copy of the medical records or a conclusion from a competent medical authority affirming they have progressed to clinical stage IV, with opportunistic infections and poor prognosis, high risk of death;
+ For female persons sentenced to imprisonment who are pregnant, there must be a conclusion from a district-level hospital or equivalent or higher regarding the pregnancy;
+ For female persons sentenced to imprisonment raising a child under 36 months old, there must be a copy of the child's birth certificate or birth notification and confirmation from the People's Committee of the commune where the person sentenced resides about them raising a child under 36 months old;
+ For persons sentenced to imprisonment proposed for postponement due to being the sole breadwinner in the family, if serving the imprisonment sentence would cause special hardship for the family, there must be a detailed report on the hardships, work, income, workplace, and confirmation from the People's Committee of the commune where they reside;
+ For persons sentenced to imprisonment proposed for postponement due to public duty requirements, there must be a document or decision from a competent authority regarding the mobilization of the person sentenced to perform specific public duties;
+ Copy of the National ID card or Citizen ID card, passport;
+ Other relevant documents (if any).
Simultaneously, the application for postponement of serving a prison sentence in Vietnam must be numbered and retained in the execution record of the person granted postponement, managed by the court.
If the Procuracy requests the court to provide the dossiers and documents related to the postponement of serving a prison sentence to perform procuracy duties, the court shall send copies as requested by the Procuracy, except in cases where the postponement of imprisonment is at the request of the Procuracy.
Can relatives of persons sentenced to imprisonment in Vietnam make the application form for postponement of serving a prison sentence?
According to the provisions of Clause 1, Article 5 of Joint Circular 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP regarding the entities eligible for making an application form for postponement of serving a prison sentence:
Procedures for postponement of serving a prison sentence
1. The following individuals or agencies have the right to make an application form or written requestfor postponement of serving a prison sentence:
a) The person sentenced to imprisonment. If the person sentenced to imprisonment cannot make the application themselves, their relatives may make it;
Thus, according to the above provisions, relatives of persons sentenced to imprisonment in Vietnam may make the application form for postponement of serving a prison sentence if such persons cannot make the application themselves.
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