Which bodies shall person serving suspended sentence notify to when seeking permission for absence from place of residence in Vietnam?

Which bodies shall person serving suspended sentence notify to when seeking permission for absence from place of residence in Vietnam?

Pursuant to Article 92 of the Law on Execution of Criminal Judgments in 2019 stipulating dealing with person serving suspended sentence’s change of place of residence or work in Vietnam as follows:

1. A person serving suspended sentence may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and make a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall not exceed 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.

2. When seeking permission for absence from place of residence, a person serving suspended sentence must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing. When the person serving suspended sentence comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the person serving suspended sentence commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall send a notice enclosed with relevant documents to the People’s Committee of commune or the military unit in charge.

3. The person serving suspended sentence’s change of place of residence or work shall be dealt with in accordance with Article 68 of this Law.

4. A person serving suspended sentence may not leave Vietnam’s territory during his/her probation period.

As regulations above, you must submit a request for permission and obtain the permission from the People’s Committee of commune where you are residing. You must report your presence with the People’s Committee of commune where you temporarily resides. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing.

What is the time limit for issuance of Decision to execute a suspended sentence in Vietnam?

Pursuant to Article 84 of the Law on Execution of Criminal Judgments in 2019 stipulating Decision to execute a suspended sentence in Vietnam as follows:

1. A decision to execute a sentence must clearly indicate the full name of the decision maker; the judgment or decision to be executed; name of the agency responsible for the execution; full name, date of birth and place of residence of the person serving the suspended sentence; the imprisonment sentence and probation period to be served by such person; additional penalty(ies) except for fines; penalties for probation violation prescribed in Clause 5 Article 65 of the Criminal Code; the commune-level People's Committee or military unit assigned to supervise and educate such persons serving suspended sentence.

2. Within 3 working days after issuing a decision to execute a suspended sentence, the issuing court shall send the decision to the following individuals and agencies:

a) The person serving the suspended sentence and his/her representative if such person is a minor;

b) The same-level procuracy;

c) The criminal judgment execution agency of the district-level police office of the place in which the person concerned resides or the criminal judgment execution agency of the military zone in which such person works;

d) The People’s Committee of commune or the military unit in charge of the persons serving suspended sentence;

dd) The Department of Justice of the province where the issuing court is based.

Best regards!

Best regards!