Can the executed persons' family receive the body after the execution of the sentence is completed in Vietnam?

Can the executed persons' family receive the body after the execution of the sentence is completed in Vietnam?

Question: Let me ask: According to the law, when the executed person has executed the sentence of lethal injection. Can the family get the body back? Hope to get a reply soon.

Reply:

In Clauses 1 and 2, Article 83 of the Law on Criminal Judgment Execution 2019, there are regulations on settlement of petitions for receiving corpses, ashes and mortal remains of executed persons, according to which:

1. Within 3 working days from the date of decision to execute the death sentence, the chief judge of the court which issued the judgment execution decision shall notify relatives or representatives of the executed person in writing for them to make a petition for receipt of corpse of the executed person. Within 3 working days after receiving such notice, the request for receipt of corpse of the executed person shall be submitted the chief judge of the court which issued the notice. The petition for receipt of corpse of the executed person shall specify full name and address of the recipient of the corpse; relationship with the executed person; commitment to ensure security, order and environmental sanitation requirements and to pay all arising expenses. The petition must be certified by the commune-level People's Committee of the place of his/her residence; if the sentenced person is a foreigner, such petition must be certified by a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen, and be translated into Vietnamese.

2. Within 3 working days after receiving the petition for receipt of corpse of the executed person, the chief judge of the court which issued the judgment execution decision shall notify in writing whether to permit or reject the petition. The petition is rejected, the chief judge must provide explanation in writing.

According to the above regulations in Vietnam, the family of the executed persons is entitled to make an application to receive the body for burial. The chief justice of the court that decides to execute the death sentence is responsible for notifying the family of the acceptance of the family's receipt of the body for burial. If not, the reasons for disapproval must be clearly stated.

After serving the prison sentence, can inmates be transported by the prison car to the locality in Vietnam?

Question: According to the regulations, after the sentenced person has finished serving his sentence, can the detention facility arrange a car to take him to the locality? Hope to get a reply soon.

Reply:

In Article 46 of the Law on Criminal Judgment Execution 2019, there are provisions on release of inmates as follows:

1. Two months before an inmate completes his/her full prison sentence, the prison or detention center of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department or the military zone shall notify the criminal judgment execution agency of the district-level police office, the commune-level People's Committee of the place and the agency or organization in which such person will return to reside and work, or Ministry of Foreign Affairs in case the inmate is a foreigner. Such a notice must state their performance of serving of the prison sentence, additional penalty(ies) which the inmate still has to serve, and other relevant information necessary for the consideration, arrangement and building of a normal life for such person.

In case the inmate, upon completing his/her full prison sentence, does not know where to live, the prison or detention center of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department shall request the commune-level People's Committee of the place in which the inmate serves his/her sentence or another agency or organization to receive such person.

2. On the final day of the prison sentence of an inmate, the prison or detention center of the criminal judgment execution agency of the provincial-level police department or of military zone shall complete procedures as prescribed by law to release the inmate; issue a certificate of complete serving of prison sentence to the inmate and provide him/her with a sum of money from the community integration support fund and travel and meal allowances for returning to his/her place of residence or workplace; return to the inmate all papers, objects, money and possessions which he/she deposited at the place of serving the prison sentence.

3. During the time of transfer of an inmate from the place of serving his/her sentence for assistance in investigation, prosecution or trial activities, if the transfer length is at least 2 months and equals to the remainder of the sentence duration of the inmate concerned, the competent agency shall notify it to the agency receiving such person and related agencies as prescribed in Clause 1 hereof, issue a certificate of complete serving of the prison sentence to such inmate, and release him/her; and deal with related procedures, obligations, rights and interests of the transferred person under Clause 2 of this Article if that person will not be detained for any other offense under decision of the competent presiding authority.

4. Upon completing his/her full prison sentence, a foreign inmate shall be granted a certificate of complete serving of prison sentence and may stay at an accommodation establishment designated by the criminal judgment management agency pending completion of exit procedures.

5. The agency which has issued a certificate of complete serving of prison sentence shall send it to the National Center for Judicial Records (NCJR), the court which has issued the judgment execution decision, the agency responsible for executing additional penalty(ies) and the agency specified in Clause 1 of this Article, and send a written notice to the agency responsible for enforcing the civil part of the criminal judgment or decision.

According to this Article, there is no provision that after serving the sentence, the sentenced person will be arranged by the detention facility to transport a vehicle to the locality. They will be provided with an allowance by the detention facility for transportation and meals during the journey back to the locality.

When receiving decision to execute the prison sentence, how long must the convict who is on bail be present at the judgment enforcement agency in Vietnam?

Question: When receiving the decision to execute the prison sentence, how long must the convict who is on bail be present at the judgment enforcement agency?

Reply:

Pursuant to Clause 1, Article 22 of the 2019 Law on Criminal Judgment Execution:

1. 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.

According to regulations in Vietnam, in case the convict is on bail, the decision to execute the prison sentence must clearly state that within 07 days from the date of receipt of the decision, the convict must be present at the judgment enforcement agency. The criminal judgment enforcement agency of the district-level police office where that person resides, the criminal judgment execution agency of the military zone where that person works. Therefore, when receiving the decision to execute the prison sentence, within 07 days the convict who are on bail must be present at the judgment enforcement agency (in the judgment execution decision will be specified).

Best regards!