What is extent to which a person serving mandatory supervision can move freely in Vietnam?

What is extent to which a person serving mandatory supervision can move freely in Vietnam?

Pursuant to Article 114 of the Law on Execution of Criminal Judgments 2019, there are regulations on rights and obligations of persons serving mandatory supervision as follows:

1. A person subject to mandatory supervision shall have the following rights:

a) Live with their families in places of mandatory supervision;

b) Choose appropriate jobs, except for occupations, sectors or jobs which they are banned from doing or working as specified by law; to enjoy their labor fruits.

c) freely travel within communes, wards or townships of mandatory supervision;

d) Be considered for exemption from the serving of the remainder of the mandatory supervision under Article 117 of this Law.

2. A person subject to mandatory supervision shall have the following obligations:

a) Submit to the supervision and education of the commune-level People’s Committee of commune and local people; refrain from leaving the place of mandatory supervision without permission;

b) Present him/herself and report on his/her observance of mandatory supervision rules to the commune-level People's Committee in the place of mandatory supervision once in the first week of a month;

c) Be present at a prescribed place when summoned by the commune-level People's Committee or to give a plausible reason in case of absence;

d) Strictly observe policies, laws and regulations of the local administration; to actively work, learn and reform him/herself into a person useful for the society;

dd) Declare his/her permitted temporary absence from the place of mandatory supervision; present him/herself, produce the written permission and register his/her temporary residence or sojourn with the commune-level police office of the place of destination under regulations; return to the place of mandatory supervision within the prescribed time limit and present him/herself to the commune-level People's Committee.

Thus, according to the above regulations in Vietnam, you are only allowed to move freely within the commune where you are under mandatory supervision. In case of leaving the place of mandatory supervision, you must have the consent of the competent authority.

What is extent to which a person serving mandatory supervision can move freely in Vietnam? (Image from the Internet)

What is punishment for a person serving mandatory supervision who voluntarily leaves the place of mandatory supervision in Vietnam?

Pursuant to Clause 4, Article 14 of Decree 144/2021/ND-CP, there are regulations on a fine ranging from 3.000.000 VND to 4.000.000 VND shall be imposed for any of the following violations:

a) The person who is granted deferral of imprisonment sentence leaves his/her residence without the consent of the People's Committee of the commune or the police department of the commune;

b) The person who is granted deferral of imprisonment sentence fails to be present at criminal sentence execution authority after the expiration of the postponement duration or at the request of the competent authorities.

c) The person who is granted deferral of imprisonment sentence fails to be present at a place where he/she will serve the sentence before the deferral or at criminal sentence execution authority after the expiration of the deferral duration or at the request of the competent authorities.

d) The person who is sentenced to prison while on bail with decision on execute criminal judgments fails to be present at criminal sentence execution authority within the prescribed time limit.

dd) The person who is given a suspended sentence leaves his/her residence without permission or the consent of the People's Committee of the commune or fails to be present at his/her resident longer than the length of time he/she is allowed to be absent;

e) The person who is given a suspended sentence changes his/her place of residence without the consent of the competent authorities;

g) The person who is under mandatory supervision leaves the place of mandatory supervision without the consent of the competent persons or over the time he/she is allowed to leave without reasonable reasons;

h) The person who is given conditional parole fails to abide by management of the People's Committee of the commune;

i) The person who is given conditional parole leaves his/her residence without permission or the consent of the People's Committee of the commune or fails to be present at his/her resident longer than the length of time he/she is allowed to be absent;

k) The person who is given conditional parole changes his/her place of residence without the consent of the competent authorities;

l) The person who is incurring prohibition from residence comes to reside at a place in which he/she is prohibited from residing without permission or resides longer than the length of time he/she is allowed to reside

m) The person who is serving a community sentence leaves his/her residence without permission or the consent of the People's Committee of the commune or fails to be present at his/her resident longer than the length of time he/she is allowed to be absent;

n) The person who is serving a community sentence changes his/her place of residence without the consent of the competent authorities;

o) The person subject to the sentence of deprivation of certain civil rights exercises the prohibited rights according to the judgment;

p) The person who serves the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs fails to perform his/her obligations as prescribed by law;

q) The person who is given conditional parole fails to perform his/her obligations during the probation period;

According to this Article, if you leave the place of mandatory supervision without the consent of the competent authority, you may be fined from 3,000,000 VND to 4,000,000 VND.

Best regards!