Travelling to Another District for Work During a Suspended Sentence Without Permission – Is It Punishable?

Lawyer, let me ask, during the time I am on probation, if I go to work in another district within Ha Giang province but without permission from the local commune for the first time, will I be fined or not?

Based on the provisions of Clause 1 and Clause 2, Article 92 of the Law on Criminal Execution 2019:

Individuals granted suspended sentences may be absent from their residence for legitimate reasons but must submit a request for permission and obtain approval from the communal People's Committee. They must also perform temporary absence registration in accordance with the law on residence.

The duration of absence from residence each time may not exceed 60 days, and the total absence time may not exceed one-third of the probation period, except in cases of illness requiring treatment at a medical facility as directed by a doctor and confirmed by that facility.

In comparison with the information you provided, the case of your unauthorized departure from the locality to work in another district constitutes a violation of the regulations on absence from residence during the probation period of your suspended sentence.

The applicable forms of handling are as follows:

For the first-time violation, you will be subject to administrative penalties as stipulated at Point c Clause 4 Article 14 of Decree 167/2013/ND-CP. Specifically:

Individuals on suspended sentences who leave their residence without the permission of the communal People's Committee will be fined from 2 to 3 million VND.

Additionally, the communal People's Committee or the military unit assigned for supervision and education shall organize a **** review session according to the provisions at Point b Clause 1 Article 91 of the Law on Criminal Execution 2019.

After being reviewed under the provisions of Article 91 of this Law, if you continue to violate and have been repeatedly reminded in writing, the communal police will propose the communal People's Committee to report and request the district-level criminal execution office to proceed with the procedures to request the competent Court to enforce the imprisonment sentence as stipulated in Clause 2 Article 93 of the Law on Criminal Execution 2019.

Respectfully!

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