How long can probationary period of suspended sentences be shortened in Vietnam?

How long can probationary period of suspended sentences be shortened in Vietnam?

In Article 8 of Resolution 02/2018/NQ-HDTP, conditions and level of shortening of probation period are as follows:

1. A person entitled to a suspended sentence may be granted a decision to shorten the probationary period by the district-level People's Court or regional military court when fully meeting the following conditions:

a) Having served half of the probationary period of the suspended sentence;

b) There has been a lot of progress shown by the fact that during the probation period the person serving a suspended sentence has strictly complied with the law and the obligations under the Criminal Judgment Execution Law; Actively studying, working, correcting mistakes or making achievements in production labor, protecting national security, and being commended and rewarded by competent state agencies.

c) Request in writing to shorten the probation period by the People's Committee of commune, agency or organization assigned to supervise and educate the suspended sentence.

2. A person serving a suspended sentence may only shorten the probation period once a year from 01 month to 01 year. A person serving a suspended sentence may be able to shorten the probation period many times, but must ensure that the actual serving of the probationary period is three-quarters of the probation period declared by the Court.

3. In case a person entitled to a suspended sentence has been requested by a competent agency to shorten the probation period, but is not accepted by the Court, if the next time they are eligible, The People's Committees of communes, agencies and organizations assigned to supervise and educate persons serving suspended sentences shall continue to propose shortening the probation period for them.

4. In case a person entitled to a suspended sentence makes merit or suffers from a fatal disease and fully meets the conditions guided in Clause 1 of this Article, the Court may decide to shorten the remaining probation period.

Merit is a case in which a person serving a suspended sentence takes actions to help a competent state agency detect, arrest and investigate a crime; to save others in a dangerous situation or to save property valued at over VND 50 million of the State, collectives or citizens in natural disasters, fires, epidemics or accidents; having initiatives certified by a competent state agency or having excellent achievements in labor, study, combat or work, commended and certified by competent state agencies.

Suffering from a fatal disease is a case in which a provincial hospital or military hospital of a military zone level or higher concludes that the person serving a suspended sentence is suffering from a life-threatening illness that is difficult to cure, such as: Cancer end-stage cancer, cirrhosis of the liver, ascites, grade 4 drug-resistant tuberculosis, polio, grade 3 heart failure, grade 4 kidney failure or higher; HIV AIDS has opportunistic infections that are unable to take care of themselves and are at high risk of death.

Thus, according to the above regulations in Vietnam, you need to fulfill half of the probation period and meet other conditions to be able to shorten the probation period of the suspended sentence. In your case, because you have only served one year, you are not eligible to shorten the probation period of the suspended sentence.

What are conditions for persons sentenced to imprisonment to enjoy suspended sentences in Vietnam?

Pursuant to Article 2 of Resolution 02/2018/NQ-HDTP as amended by Article 1 of Resolution 01/2022/NQ-HDTP, conditions for persons sentenced to imprisonment to enjoy suspended sentences: 

A person sentenced to prison may be considered for a suspended sentence when fully meeting the following conditions:

1. Being sentenced to imprisonment for not more than 03 years.

2. The person sentenced to prison has a personal identity that, apart from this crime, the offenders abide by the policies and laws and fully fulfill the obligations of citizens in the place of residence or work.

a) For a person who has been convicted but is considered to have no criminal record, who has been convicted but whose criminal record has been expunged, who has been administratively sanctioned or disciplined, taking into account the following: If the date of this offense has passed the time limit, it will be considered as having not yet been administratively sanctioned or disciplined in accordance with law if it is considered that the nature and seriousness of the new crime is committed in the school. In less serious cases or the offender is an accomplice who plays an insignificant role in the case and meets other conditions, a suspended sentence may also be served;

b) For convicts who, when determining crime, have used the circumstances of "having been disciplined" or "have been administratively sanctioned" or "have been sentenced" and have met other conditions may also be given a suspended sentence;

c) For convicts whose cases are separated for settlement in different stages (separated into many cases) and meet other conditions, they may also enjoy suspended sentences.

3. There are 02 or more extenuating circumstances, including at least 01 extenuating circumstance specified in Clause 1, Article 51 of the Penal Code and no aggravating circumstances specified in Clause 1, Article 52 of the Penal Code.

In case there are aggravating circumstances for penal liability, the number of extenuating circumstances of penal liability must be greater than the number of aggravating circumstances of penal liability by 02 or more, including at least 01 extenuating circumstance of criminal liability specified in Clause 1, Article 51 of the Penal Code.

4. Having a clear place of residence or a stable place of work for competent agencies and organizations to supervise and educate.

A place of obvious residence is a place of temporary or permanent residence with an address specifically determined in accordance with the Law on Residence where a person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.

A stable workplace is a place where the offender works for a term of one year or more under a labor contract or under a decision of a competent agency or organization.

5. Considering that there is no need to force the execution of prison sentences if the offenders are capable of self-improvement and the suspension of sentences does not pose a danger to society; not adversely affect security, social order and safety.

6. When considering and deciding to grant the defendant a suspended sentence, the Court must carefully and closely consider the conditions to ensure that the suspension of the sentence is in accordance with the provisions of the law, especially for cases where the instructions are given in Clauses 2, 4 and 5, Article 3 of this Resolution.

According to this Article, in order to enjoy a suspended sentence, the offender must fully meet the above conditions in Vietnam.

Best Regards!