If the house is swept away by the flood, can person serving suspended sentence move to another district in Vietnam?

If the house is swept away by the flood, can person serving suspended sentence move to another district in Vietnam?

Pursuant to Article 3 of Circular 64/2019/TT-BCA stipulating cases to be considered and settled for change of residence:

The sentenced person may consider and decide to change his/her place of residence if he/she meets the following requirements:

1. Satisfy the requirements as prescribed by the law on residence.

2. There is a legitimate reason to change the place of residence, in one of the following cases:

a) Live with the family but the family moves to another place;

b) Move to a place of residence with a spouse after marriage; move to another place of residence after a divorce;

c) Move to a place of residence with the father, mother, grandfather, grandmother or child to fulfill the duty of care and nurture in case the father, mother, grandfather, grandmother or child suffers a serious illness and no one else to take care of, nurture, or an old and weak case without support;

d) Move to another place of residence to ensure work or study;

dd) There is no place of residence because of clearance, natural disaster, fire, enemy sabotage;

e) Forcible sale of the house to overcome the consequences or ensure life;

g) For reasons of epidemic or to meet national defense and security requirements;

h) Other cases decided by the criminal judgment execution management agency of the Ministry of Public Security.

3. The place of residence to move to must have a specific, clear, and stable address.

4. The settlement of change of residence of the sentenced person must ensure that it does not affect security and order; ensure the requirements of the management, supervision and education of the sentenced person and the life stabilization and community integration of the sentenced person.

Thus, if you are serving a suspended sentence but your house is swept away by the flood, you will be considered and resolved to change your residence to your parents' house in another district if you meet the other remaining conditions as prescribed above.

Where should a person serving suspended sentence submit an application to change residence in Vietnam?

According to Article 4 of Circular 64/2019/TT-BCA stipulating receipt and settlement of applications for change of residence of the sentenced person as follows:

1. The commune-level police station where they are managing, supervising and educating the sentenced person (where they go) shall guide the sentenced person to write an application for change of residence and submit it to the commune-level police station. The application for change of residence must state the reason for the change of residence.

2. Within 03 working days from the date of receipt of the application for change of residence of the sentenced person, the commune-level police station of the place of departure shall consult with the commune-level People's Committee to report to the criminal judgment execution agency of the district-level police office on the case where the sentenced person applies for a change of residence, enclosed with the application for change of residence of the sentenced person.

3. Within 03 working days from the date of receipt of the report from the People's Committee of the commune of the place of departure, the criminal judgment execution agency of the district-level police office of the place of departure shall:

a) Conduct verification and consider settlement in case of applying for change of residence within the district-level administrative unit;

b) Report to the criminal judgment execution agency of the provincial-level police office in case of applying for a change of residence outside the district-level administrative unit within the same provincial-level administrative unit.

c) Report to the Criminal Judgment Execution Management Agency of the Ministry of Public Security in case of applying for a change of residence outside the scope of the provincial-level administrative unit.

4. Based on the verification results or opinions of the criminal judgment execution agency of the provincial-level police department, the criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution agency of the district-level police office where issue a decision on the settlement of the case where the sentenced person applies for a change of residence and send that decision to the sentenced person and the commune-level People's Committee of the place of departure. The decision on the settlement of the sentenced person applying for a change of residence must clearly state whether he agrees or disagrees with the sentenced person's change of residence; In case of disagreement, the reason must be clearly stated.

5. Police units and localities have the responsibility to coordinate with the criminal judgment execution management agency of the Ministry of Public Security and the criminal judgment execution agency of the Public Security at all levels in verifying information for the settlement of change of residence of the sentenced person.

According to this Article, if you are serving a suspended sentence and want to change your place of residence, you must write an application to change your place of residence and submit it to the commune-level police station. The police will conduct verification, review and decide whether or not to allow you to change your residence in Vietnam.

How long does it take to change place of residence of person serving suspended sentence to another district in the same province in Vietnam? 

In Article 5 of Circular 64/2019/TT-BCA stipulating receipt and implementation of decisions on the settlement of cases where the sentenced person applies for a change of residence as follows:

1. Within 05 working days from the date of receipt of the report from the criminal judgment execution agency of the district-level police office of the place where it is located according to Point b, Clause 3, Article 4 of this Circular, the criminal judgment execution agency of the provincial-level police office where the execution is carried out: 

a) Conduct verification and consider settlement;

b) Notify in writing to the criminal judgment execution agency of the district-level police office of the place of departure of the settlement of the case where the sentenced person applies for a change of residence; In case of disagreement, the reason must be clearly stated.

2. Within 03 working days from the date of receipt of the notice from the criminal judgment execution agency of the provincial-level police department, the criminal judgment execution agency of the district-level police office of the place of departure must issue a decision on the settlement. in case the sentenced person applies for a change of residence according to Clause 4, Article 4 of this Circular and sends that decision to the commune-level People's Committee for carrying out the procedures specified in Article 5 of this Circular.

3. Within 03 working days from the date of receipt of the application for management, supervision and education of the sentenced person handed over by the commune-level People's Committee according to Point b, Clause 1, Article 5 of this Circular, the The criminal judgment execution agency of the district-level police office where the execution is carried out:

a) Notify and hand over the prisoner's file of the person who is released from prison before the conditional term, the file for execution of the decision on postponement of serving the prison sentence, the suspended sentence execution dossier, the reform sentence execution dossier; create community sentence (hereinafter referred to as judgment execution records) and judgment enforcement management, supervision and education records for the criminal judgment execution agency of the district-level police office of the destination.

b) Report to the criminal judgment execution agency of the provincial-level police office on the case where the sentenced person changes his/her place of residence.

4. Within 03 working days from the date of receipt of the judgment execution dossier and the dossier on management, supervision and education of the sentenced person, handed over by the criminal judgment execution agency of the district-level police office of the place of departure. The criminal judgment execution agency of the district-level police office of the destination shall execute:

a) Notify and hand over the records of management, supervision and education of the sentenced person to the People's Committee of the commune of the destination to organize the management, supervision and education of the sentenced person;

b) Report to the criminal judgment execution agency of the provincial-level police office of the destination on the receipt of the sentenced person transferred from another locality to serve the sentence;

c) Manage judgment enforcement dossiers and add documents to judgment enforcement dossiers according to regulations.

5. The handover of judgment execution dossiers, records of management, supervision and education of the sentenced person under Clauses 3 and 4 of this Article shall be effected in one of the following forms:

a) The criminal judgment execution agency of the district-level police office of the place of departure appoints officers to directly hand over to the criminal judgment execution agency of the district-level police station of the destination. The handover must be recorded in writing and kept in the judgment execution dossier, in the management, supervision and education records of the sentenced person;

b) The criminal judgment execution agency of the district-level police office of the place of departure shall hand over the file to the criminal judgment execution agency of the district-level police office of the destination via the communication link of the Ministry of Public Security. The handover shall be done through the application form and keeping the judgment execution dossiers, the management, supervision and education records of the sentenced person.

According to this Article, the processing time for changing the place of residence of the person serving a suspended sentence to another district in the same province will be determined based on each stage of performing the tasks specified above, which can be as late as 20 days. working from the date of application in Vietnam.

Best regards!