Guidance on resolving change of residence for out-of-province sentenced persons in Vietnam

Guidance on resolving change of residence for out-of-province sentenced persons in Vietnam (Illustrative image)

According to Article 8 of Circular 64/2019/TT-BCA, the resolution for changing the residence of sentenced persons outside the administrative unit at the provincial level is implemented as follows:

- Within 10 days from the date of receiving the report from the district-level criminal judgment execution agency where the convict departs according to Point c, Clause 3, Article 4 of Circular 64/2019/TT-BCA, the Criminal Judgment Execution Management Agency under the Ministry of Public Security of Vietnam shall:

- Conduct verification and consider resolution;- Notify in writing the district-level criminal judgment execution agency where the convict departs about the resolution of the request for change of residence (if not agreed, the reasons must be clearly stated), and concurrently send it to the provincial-level criminal judgment execution agency where the convict departs for monitoring.

- Within 3 working days from the date of receiving the notice from the Criminal Judgment Execution Management Agency under the Ministry of Public Security of Vietnam, the district-level criminal judgment execution agency where the convict departs must issue a decision on resolving the case of the convict requesting to change residence according to Clause 4, Article 4 of Circular 64/2019/TT-BCA and send that decision to the commune-level People's Committee where the convict departs to carry out the procedures stipulated in Article 5 of Circular 64/2019/TT-BCA.

- The district-level criminal judgment execution agency where the convict departs shall perform the tasks stipulated in Clause 3, Article 7 of Circular 64/2019/TT-BCA.

- The district-level criminal judgment execution agency where the convict arrives shall perform the tasks stipulated in Clause 4, Article 7 of Circular 64/2019/TT-BCA.

The district-level criminal judgment execution agency where the convict departs shall notify the People's Court, the People's Procuracy of the same level, the court that issued the judgment execution decision, and the decision to conditionally release the convict ahead of time about the change of residence.

At the same time, the district-level criminal judgment execution agency where the convict arrives shall notify the People's Court and the People's Procuracy of the same level about the acceptance, management, supervision, and education of the convict changing residence in Vietnam.

More details can be found in Circular 64/2019/TT-BCA, which comes into effect in Vietnam from January 15, 2020.

Thuy Tram

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