Instructions on procedures for allowing sentenced persons to change of place of residence in Vietnam

Instructions on procedures for allowing cs to change of place of residence in Vietnam(Illustrative image)

According to Circular No. 64/2019/TT-BCA, the reception and implementation of decisions regarding the handling of cases where sentenced persons apply for a change of residence in Vietnam are stipulated as follows:

1. Case where sentenced persons are allowed to change their residence: in Vietnam

Within 03 working days from the date of receiving the decision regarding the handling of the sentenced person’s application to change residence, the Commune Police where the sentenced person is departing from shall coordinate with the Commune People's Committee to perform the following:

- Review and evaluate the sentenced person’s compliance with the law and their obligations during the period of sentence execution in the locality.

- Handover management files of sentenced persons released before the conditional duration, files of those whose imprisonment sentences are postponed, files for supervising and educating those on probation, files for supervising and educating those serving non-custodial reformation sentences (collectively referred to as management, supervision, and education files of sentenced persons) to the District-level Criminal Execution Agency. The handover of files must be documented, and such documentation should be maintained within the management, supervision, and education files of the sentenced person.

- Inform the sentenced person about their need to perform the procedures for changing their residence according to the legal provisions on residence.

2. Case where sentenced persons are not allowed to change their residence, the Commune Police of the departing area in Vietnam shall:

- File the decision regarding the handling of the sentenced person’s application to change residence into the management, supervision, and education files of the sentenced person;

- Send a written notification to the sentenced person stating the reasons for the denial of the change of residence and request that they continue to strictly comply with their obligations related to serving their sentence;

- Continue to manage, supervise, and educate the sentenced person in accordance with regulations.

More details can be found in Circular No. 64/2019/TT-BCA, which comes into force in Vietnam from JJanuary 15, 2020.

Thuy Tram

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