Organizing the execution of decisions to receive persons serving imprisonment sentences abroad to Vietnam

Organizing the execution of decisions to receive persons serving imprisonment sentences abroad to Vietnam (Illustrative photo)

Article 30 of Decree 133/2020/ND-CP provides that within 05 working days from the date of receiving the decision to execute the decision to transfer persons serving imprisonment sentences abroad to Vietnam to serve their imprisonment sentences from the Court, the focal agency of the Ministry of Public Security on the transfer of persons serving imprisonment sentences shall send a document to the competent authority of the transferring country to negotiate on the time, place, and method of receiving the transfer of persons serving imprisonment sentences (together with the execution dossier) abroad to Vietnam to serve their sentences. In case the competent authority of the transferring country requests documents for the entry and exit of the persons serving imprisonment sentences abroad to Vietnam, the Ministry of Foreign Affairs shall direct the competent diplomatic representative agency of Vietnam to issue a laissez-passer for that person.

In addition, organizing the reception, escorting the transferred person to the detention facility, and completing the procedures for executing the imprisonment sentence in Vietnam:

- The Ministry of Public Security shall organize a delegation to receive the transfer of persons serving imprisonment sentences, including: a representative of the focal agency of the Ministry of Public Security on the transfer of persons serving imprisonment sentences as the Head of the delegation; a representative of the Criminal Sentence Execution Management Agency under the Ministry of Public Security; a representative of the criminal sentence execution agency of the provincial-level Police Department where the Court issued the decision to execute the decision to transfer persons serving imprisonment sentences abroad to Vietnam to serve their sentences. A representative of the Immigration Management agency under the Ministry of Public Security; a representative of Vietnam's representative agency abroad in case the reception location is outside the territory of Vietnam; judicial support police; medical staff; interpreter; other individuals related to the reception procedures;

- The reception must strictly follow the procedures and regulations of the law, diplomatic principles, be in line with international practices, and ensure absolute safety; verify and receive the correct person named in the Court's decision to transfer, along with the execution dossier and documents, objects, personal belongings, money, assets (if any) of the person received and conduct a health check for the transferred person. The reception must be made into 03 copies in Vietnamese, 03 copies in English, and 03 copies in the language of the transferring country; signed by the representative of the competent authority of the transferring country and the representative of the agencies mentioned in point a clause 2 of this Article;

- After the reception, the criminal sentence execution agency of the provincial-level Police Department where the Court issued the decision to execute the transfer decision shall organize the escort of the just-received person along with the execution dossier, documents, objects, personal belongings, money, assets (if any) of that person to the temporary detention center managed by the local Police to complete the execution dossier, make a list, report to the Criminal Sentence Execution Management Agency under the Ministry of Public Security to decide to transfer the person to the prison to serve the sentence. Within 05 working days from the date of receiving the report from the criminal sentence execution agency of the provincial-level police, the Criminal Sentence Execution Management Agency under the Ministry of Public Security must issue a decision to transfer the person to the prison to serve the sentence;

- The dossier for transferring the person serving an imprisonment sentence from abroad to Vietnam to the prison to serve the sentence according to the decision of the Criminal Sentence Execution Management Agency under the Ministry of Public Security must include the decision to transfer the person serving an imprisonment sentence abroad to Vietnam to serve the sentence, the decision to execute the transfer decision of the Court, and must have all documents as prescribed in Article 26 of the **Law on Criminal Sentence Execution 2019. The documents on the execution of the imprisonment sentence of the foreign country included in the dossier must be accompanied by a translation into Vietnamese and must be certified by the competent authority of Vietnam.

For detailed content, see Decree 133/2020/ND-CP, effective from December 25, 2020.

Le Vy

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