Can a person who is sentenced to mandatory supervision leave his or her place of residence on his or her own in Vietnam?

Can a person who is sentenced to mandatory supervision leave his or her place of residence on his or her own in Vietnam?

Pursuant to Article 43 of the Criminal Code in 2019 stipulating mandatory supervision as follows:

Mandatory supervision means forcing a person sentenced to imprisonment to reside, work and live within a defined area under the supervision of the local authority and local people. During this period, the convict must not leave the commune without permission, has some citizenship rights deprived of as prescribed in Article 44 hereof and is banned from doing certain works.

Mandatory supervision shall be imposed upon people committing crimes against national security, dangerous recidivism and other crimes prescribed by this document shall be kept under surveillance.

The duration of mandatory supervision is from 01 to 05 years from the end of the imprisonment.

According to the regulations above, a person sentenced to mandatory supervision is not allowed to leave his or her place of residence on his or her own. Therefore, in order to be allowed to leave the place of residence, you need to have the consent of the competent authorities.

Can a person who is sentenced to mandatory supervision leave his or her place of residence on his or her own in Vietnam? - Source: Internet

Can a person, who is sentenced to mandatory supervision in Vietnam, be exempted from serving sentences when he/she shows remarkable improvements?

Pursuant to Article 62 of the Criminal Code in 2019 stipulating exemption from serving sentences as follows:

1. A convict shall be exempt from serving his/her sentence in the event of a parole or general amnesty.

2. The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to community sentence or imprisonment of up to 03 years and has not served that sentence from serving the sentence in any of the following circumstances:

a) The convict has made reparation in an effort to atone for the crime after being convicted;

b) The convict has a fatal disease;

c) The convict abides by law, his/her family is facing extreme hardship and he/she is considered no longer dangerous to society.

3. The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to imprisonment of over 03 years and has not served that sentence from serving the sentence if he/she has made reparation in an effort to atone for the crime or has a fatal disease and considered no longer dangerous to society.

4. If a person who is sentenced to imprisonment of up to 03 years, has had the sentence suspended and has made reparation in an effort to atone for the crime during the suspension period or abides by law or his/her family is facing extreme hardship and he/she is deemed no longer dangerous to society, the Court, at the request of Director of the Procuracy, might exempt him/her from serving the rest of the sentence.

5. If a fined person has served part of the sentence and is facing prolonged financial hardship due to a natural disaster, conflagration, accident or disease and thus no longer able to pay the remaining fine or has made reparation in an effort to atone for the crime, the Court, at the request of Director of the Procuracy, might exempt him/her from paying the remaining fine.

6. If a person prohibited from residence or kept under mandatory supervision has served at least half the sentence and shows remarkable improvements, the Court, at the request of the criminal sentence execution authority of the district where he/she serves the sentence, might exempt him/her from serving the rest of the sentence.

7. The person exempt from serving a sentence as set out in this Article must fulfill the civil obligations specified in the judgment.

If you have been kept under mandatory supervision and have served one-half of the term of probation, you may be exempted from serving the remaining mandatory supervision period.

Best regards!