Classifying groups of ex-convicts and pardon recipients from May 1, 2024 in Vietnam

Classifying groups of ex-convicts and pardon recipients from May 1, 2024 in Vietnam

On March 15, 2024, the Minister of the Ministry of Public Security issued Circular 10/2024/TT-BCA, which regulates the work of community reintegration for ex-convicts of the People's Public Security force.

There are four evaluation and classification groups for ex-convicts and pardon recipients, including:

- Group A: People demonstrating legal compliance awareness; having favorable conditions for community reintegration, such as stable employment and a positive living environment; leading a stable life.

- Group B: People demonstrating legal compliance awareness but facing difficulties in community reintegration, such as unemployment or unstable employment, challenging living conditions, and personal insecurities or self-consciousness.

- Group C: People lacking legal compliance awareness and failing to meet the requirements of supervision, management, education, and assistance from assigned organizations and individuals; having the potential to violate the law, living in complex security and order environments, and facing circumstances that may lead to legal violations.

- Group D: People staying in temporary detention centers, custody houses, compulsory educational institutions, reformatories, or compulsory rehabilitation centers.

Classifying groups of ex-convicts and pardon recipients from May 1, 2024 in Vietnam - image from the internet

Which entities are eligible for reception, management, supervision, education, and support in Vietnam?

In Article 7 of Circular 10/2024/TT-BCA, the entities eligible for reception, management, supervision, education, and support are regulated as follows:

Entities eligible for reception, management, supervision, education, and support:

The entities eligible for reception, management, supervision, education, and support include:

a) Ex-convicts, including individuals who have completed their prison sentences and person on parole have completed the probation period and have been issued a certificate of completion of the prison sentence without having their criminal records expunged.

b) Pardon recipients, including individuals granted a pardon and individuals whose imprisonment sentence has been suspended, who have been issued a pardon certificate without having their criminal records expunged.

2. The reception, management, supervision, education, and support are implemented from the date of completing the prison sentence or being granted a pardon until there is a basis for ending the management, supervision, education, and support as specified in Clause 1, Article 14 of this Circular.

3 . The local commune-level police where the ex-convicts and pardon recipients reside are responsible for implementing the management, supervision, education, and support for them, in accordance with the provisions of Article 25 of Decree No. 49/2020/ND-CP.

4. Person on parole and currently serving the probation period shall be received and managed according to the provisions of the Law on Execution of Criminal Judgments and Circular No. 65/2019/TT-BCA dated November 28, 2019, issued by the Minister of Public Security, which regulates the work of community-based execution of criminal judgments.

Therefore, the entities eligible for reception, management, supervision, education, and support include:

- Ex-convicts, including individuals who have completed their prison sentences and person on parole have completed the probation period and have been issued certificates of complete serving of prison sentence without having their criminal records expunged.

- Pardon recipients, including individuals granted a pardon and individuals whose imprisonment sentence has been suspended have been issued a certificate of pardon without having their criminal records expunged.

Six cases of ending the management, supervision, education, and support for ex-convicts in Vietnam

In Clause 1, Article 14 of Circular 10/2024/TT-BCA, there are regulations on six cases of ending the management, supervision, education, and support for individuals who have completed their prison sentences, including:

(1) Ex-convicts and pardon recipients whose criminal records have been expunged (with a judicial record certificate, a decision to expunge the criminal record, or a document confirming the expungement of the criminal record).

(2) Ex-convicts and pardon recipients who have changed their residence (with a written notification and transfer of records from the People's Committee at the commune level where the ex-convict or pardon recipient resided to the People's Committee at the new residence).

(3) Ex-convicts and pardon recipients who have settled abroad (with a document from the competent authority confirming their settlement abroad).

(4) Ex-convicts and pardon recipients who have gone missing (with a court decision declaring the person as missing).

(5) Ex-convicts and pardon recipients who have passed away (with a death certificate or a record confirming the death; a court decision declaring the person as deceased).

(6) Ex-convicts and pardon recipients who have committed new crimes and received a new prison sentence, whether with a fixed term or life imprisonment, and are currently serving the sentence in detention places.

Best regards!