What is appraisal of dossiers and list of requests for consideration of reducing the term of serving a prison sentence in Vietnam?

What is appraisal of dossiers and list of requests for consideration of reducing the term of serving a prison sentence in Vietnam? (Image from the Internet)

What is appraisal of dossiers and list of requests for consideration of reducing the term of serving a prison sentence in Vietnam?

Pursuant to Article 15 of Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP regulating appraisal of dossiers and list of requests for consideration of reducing the term of serving a prison sentence is as follows:

1. The prison under the Ministry of Public Security transfers the dossier and list of requests for consideration of reducing the prison sentence for prisoners to the Appraisal Council of the criminal judgment execution management agency under the Ministry of Public Security for appraisal. The detention center under the Ministry of Public Security transfers the dossier and list to the Head of the direct management unit for approval, then transfers it to the Appraisal Council of the criminal judgment execution management agency under the Ministry of Public Security for appraisal. 

The Appraisal Council holds a meeting to appraise dossiers and lists of requests to reduce the length of prison sentences transferred by prisons and detention camps. In cases where the person whose prison sentence is requested to be reduced is a prisoner who has committed crimes that violate national security, the Appraisal Council must invite a representative of the Security Investigation Agency of the Ministry of Public Security to attend the meeting or Send a written request for comments before the Council meets. After evaluating the dossiers and lists of requests to reduce the length of prison sentences in prisons and detention camps, the Council summarizes the results and reports them to the Head of the criminal judgment execution management agency under the Ministry of Public Security for approval.

Based on the appraisal results approved by the Head of the criminal judgment execution management agency under the Ministry of Public Security, the Superintendent of prisons and detention camps under the Ministry of Public Security completes the dossier and list and makes a written request. The People's Court of the province where the prisoner is serving his prison sentence shall consider and decide, and at the same time send a set of documents and list to the People's Procuracy at the same level as the Court to carry out the function of supervision according to the  provisions of law.

2. The supervisor of the detention camp under the Provincial Police and the Head of the criminal judgment execution agency of the District Police transfer the dossier and list of requests for consideration of reducing the prison sentence to the Appraisal Council of the criminal judgment execution agency of the Provincial Police for appraisal. Based on the Council's appraisal results, the criminal judgment execution agency of the Provincial Police coordinates with the detention camp and the criminal judgment execution agency of the District Police to complete the dossier and list of requests for time reduction. Submit to the Head of the criminal judgment execution agency. The Provincial Police shall issue a written request to the Provincial People's Court where the prisoner is serving his prison sentence to consider and decide to reduce the prison sentence for prisoners, and at the same time transfer them to the Provincial People's Procuracy to perform the function of supervision.

3. Prisons and detention camps under the Ministry of National Defense transfer dossiers and lists of requests to reduce the prison sentence for prisoners to the Appraisal Council of the criminal judgment execution management agency under the Ministry of National Defense for appraisal. The appraisal council conducts appraisal of dossiers and lists of requests for reduction of prison sentences sent by prisons and detention camps and synthesizes the results and report to the Head of the criminal judgment execution management agency under the Ministry of National Defense for approval.

Based on the appraisal results approved by the Head of the criminal judgment execution management agency under the Ministry of National Defense, the Superintendent of prisons and detention camps under the Ministry of National Defense completes the dossier, list, and makes a written request. The military court of the military zone where the prisoner is serving his prison sentence shall consider and decide; At the same time, send a set of documents and list to the competent Military Procuracy to perform the function of supervision according to the provisions of law.

4. The prison of the military zone transfers the dossier and list of requests for consideration of reducing the prison sentence term for prisoners to the Appraisal Council of the military zone-level criminal judgment execution agency for appraisal. Based on the Council's appraisal results, the warden of the military zone prison completes the dossier and list, prepares a written request to the Military Court of the military zone where the prisoner is serving his sentence for consideration and decision. At the same time, send a set of documents and list to the competent Military Procuracy to perform the function of supervision according to the provisions of law.

5. Detention camps belonging to military zones and corps transfer dossiers and lists of requests for consideration of reducing the prison sentence term for prisoners to the Appraisal Council of military zones and corps for appraisal. Based on the Council's appraisal results, the military zone-level criminal judgment execution agency coordinates with the detention camp to complete dossiers and lists, and make a written request to the military zone-level military court where the prisoner is located. Execution of judgment, consideration and decision; At the same time, send a set of documents and list to the competent Military Procuracy to perform the function of supervision according to the provisions of law.

6. In the process of supervising the preparation of dossiers requesting reduction of the term of serving prison sentences by prisons, detention camps, criminal judgment execution agencies of provincial-level police and military zones where prisoners serve their sentences in any case is discovered that is eligible to reduce the term of serving a prison sentence but is not requested by a competent agency, the Procuracy shall request that agency to request a reduction of the term of serving their prison sentence.

The competent authority requests to reduce the term of serving the prison sentence and consider preparing additional documents. If you agree, carry out the proposed procedures according to the provisions of Article 38 of the Law on Execution of Criminal Judgments, instructions in this Joint Circular and do so at the time of consideration of such reduction. If you do not agree, reply in writing to the Procuracy that requested to know and clearly state the reason.

Best regards!