What are the regulations on transfering foreigners serving their imprisonment penalties in Vietnam under Draft Joint Circular?
- Can foreigners serving their imprisonment penalties in Vietnam be informed on the transferred rights?
- What are the regulations on receiving and handling requests for transfer of foreigners serving their imprisonment penalties in Vietnam?
- What are the regulations on sending requests of transfer for foreigners serving imprisonment penalties in Vietnam?
- What are the regulations on notification of the situation of serving imprisonment penalties of transferred foreigners in Vietnam?
Pursuant to the 2007 Law on Mutual Legal Assistance; Criminal Procedure Code 2015; Law on Amendments to the Criminal Procedure Code 2021; Law on Promulgation of Legal Documents 2015; Law on Amendments to Law on Promulgation of Legal Documents 2020, Minister of Public Security, Minister of Foreign Affairs, Minister of Justice, Chief Justice of the Supreme People's Court, Chief Procurator of the Supreme People's Procuracy shall promulgate a Joint Circular providing for coordination in the implementation of a number of international cooperation activities in criminal proceedings.
Can foreigners serving their imprisonment penalties in Vietnam be informed on the transferred rights?
Pursuant to Article 26 of the Draft Joint Circular providing for coordination in the implementation of a number of international cooperation activities in criminal proceedings (Draft 2) as follows:
"Article 26. Notice of transferred rights to persons serving their imprisonment penalties
1. By November 15 every year, the Ministry of Foreign Affairs shall direct the representative missions overseas of the Socialist Republic of Vietnam to make a statistical table on the number of Vietnamese citizens serving their imprisonment penalties overseas and notify these citizens of the transferred rights to Vietnam to continue their imprisonment penalties that the competent court of the host country has pronounced sentence on the person.
2. By November 15 every year, the Ministry of Public Security shall make a statistical table on the number of foreigners serving prison sentences at detention facilities managed by the Ministry of Public Security and notify these persons of the transferred rights to the country of which that person holds nationality or to another country that agrees to receive the transfer to continue serving their imprisonment penalty that a competent Vietnamese people's court has pronounced sentence on the person."
What are the regulations on receiving and handling requests for transfer of foreigners serving their imprisonment penalties in Vietnam?
Pursuant to Clause 2, Article 27 of the Draft Joint Circular providing for coordination in the implementation of a number of international cooperation activities in criminal proceedings (Draft 2) as follows:
In case a foreigner is serving the imprisonment penalty in Vietnam or his/her legal representative expresses his/her wish to return to the country of which he/she holds his/her nationality or another country that agrees to receive the transfer to continue serving the imprisonment penalty, the Ministry of Public Security shall guide such person to make a dossier of request for transfer to continue serving the imprisonment penalty according to Form No.14 of Circular No.43/2019/TT-BCA providing for the forms of documents on extradition and transfer of persons serving imprisonment penalties of the Minister of Public Security within 20 days after receiving his/her wish.
Within 20 days after receiving the dossier of the person serving the imprisonment penalty or his/her lawful representative, the Ministry of Public Security shall send a written request to the Ministry of Foreign Affairs to send a Note to the central authority on the transfer of persons serving imprisonment penalties of foreign countries to request the provision of information and documents in accordance with the provisions of international treaties in which Vietnam and that country are members or the provisions of the Law on Mutual Legal Assistance in 2007 in the case of application of the principle of reciprocity.
What are the regulations on sending requests of transfer for foreigners serving imprisonment penalties in Vietnam?
Pursuant to Clause 1, Article 28 of the Draft Joint Circular providing for coordination in the implementation of a number of international cooperation activities in criminal proceedings (Draft 2) as follows:
Within 20 days after receiving the dossier of the person serving the imprisonment penalty or his/her lawful representative, the Ministry of Public Security shall make a request of transfer for the person serving an imprisonment penalty from Vietnam to abroad according to Form No.12 of Circular No. 43/2019/TT-BCA dated October 1, 2019 of the Minister of Public Security, providing for the forms of documents on extradition and transfer of persons serving imprisonment penalties of the Minister of Public Security and send a written request to the Ministry of Foreign Affairs to request the central authority on the transfer of persons serving imprisonment penalties of foreign countries to request the provision of information and documents in accordance with the provisions of international treaties in which Vietnam and that country are members;
In case there are no international treaties on the transfer, the transfer of the person serving an imprisonment penalty shall comply with the direct agreement between the Ministry of Public Security and the central authority on the transfer of persons serving imprisonment penalties of foreign countries.
What are the regulations on notification of the situation of serving imprisonment penalties of transferred foreigners in Vietnam?
Pursuant to Clause 1, Article 30 of the Draft Joint Circular providing for coordination in the implementation of a number of international cooperation activities in criminal proceedings (Draft 2) as follows:
In case a foreigner serving an imprisonment penalty in Vietnam is transferred abroad to continue serving the imprisonment penalty, the Ministry of Public Security shall request the competent authority of the receiving country to provide information on the situation of serving the imprisonment penalty of the transferred person in accordance with the provisions of international treaties in which Vietnam and that country are members or under a direct agreement between the Ministry of Public Security and the central authority on the transfer of persons serving imprisonment penalties of foreign countries.
Details of the Draft Joint Circular providing for coordination in the implementation of a number of international cooperation activities in criminal proceedings (Draft 2): here.
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