What are regulations on application for exemption from serving the remaining length of residence prohibition or probation order in Vietnam?
What are regulations on application for exemption from serving the remaining length of residence prohibition or probation order in Vietnam? What are regulations on procedure for application for exemption from serving the remaining length of residence prohibition or probation order in Vietnam? Please advise.
1. What are regulations on application for exemption from serving the remaining length of residence prohibition or probation order in Vietnam?
In Article 13 of the Joint Circular 04/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are regulations on application for exemption from serving the remaining length of residence prohibition or probation order as follows:
1. Application form for exemption from serving the remaining length of residence prohibition or probation order made by the convict. If the convict is unable to make such an application form, his/her relative or representative of his/her workplace may do so on his/her behalf.
2. The documents specified at Points a, b, c, and dd Clause 1, Article 110 and points a, b, c and dd clause 1 of Article 117 of the Law on Criminal Judgment Enforcement.
2. What are regulations on procedure for application for exemption from serving the remaining length of residence prohibition or probation order in Vietnam?
In Article 14 of the Joint Circular 04/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are regulations on procedure for application for exemption from serving the remaining length of residence prohibition or probation order as follows:
1. Procedure for application for exemption from serving the remaining length of residence prohibition or probation order shall comply with Clause 1, Article 110 and Clause 1, Article 117 of the Law on Criminal Judgment Enforcement.
2. The commune-level police office where the convict resides shall assist the commune-level People's Committee that is assigned to supervise and educate the convict in reviewing if the convict is eligible for exemption from serving the remaining length of residence prohibition or probation order, and then report it to the criminal judgment enforcement agency of the district-level police division.
3. Within 05 working days after receiving the report from the commune-level People’s Committee, the criminal judgment enforcement agency of the district-level police division shall make a dossier to request the Court of the same level to consider granting exemption from serving the remaining length of residence prohibition or probation order, and also send a dossier to the Procuracy of the same level. If refusing the application for exemption from serving the remaining length of residence prohibition or probation order, the criminal judgment enforcement agency of the district-level police division shall provide an explanation in writing for the commune-level People’s Committee.
Best Regards!
