Procedure for change of place of residence for sentenced persons in Vietnam

Procedures for change of place of residence for sentenced persons in Vietnam (Illustrative image)

According to Circular 64/2019/TT-BCA, the procedures for change of place of residence for sentenced persons in Vietnam are carried out as follows:

1. The commune-level police where the sentenced person is being managed, monitored, and educated (departure location) will guide the sentenced person to write an application for changing residence and submit it to the commune-level police. The application for changing residence must clearly state the reason for the change.

2. Within 03 working days from the date of receiving the application for changing residence from the sentenced person, the commune-level police at the departure location will consult with the commune-level People's Committee to report to the district-level criminal execution agency about the sentenced person's request to change residence, accompanied by the sentenced person's application for changing residence.

3. Within 03 working days from the date of receiving the report from the commune-level People's Committee at the departure location, the district-level criminal execution agency at the departure location shall:

- Conduct verification and consider resolving the request in the case of changing residence within the administrative unit at the district level;

- Report to the provincial-level criminal execution agency in the case of changing residence outside the administrative unit at the district level but within the same administrative unit at the provincial level;

- Report to the criminal execution management agency under the Ministry of Public Security of Vietnam in the case of changing residence outside the administrative unit at the provincial level.

4. Based on the verification results or opinions from the provincial-level criminal execution agency or the criminal execution management agency under the Ministry of Public Security of Vietnam, the district-level criminal execution agency at the departure location shall issue a decision on resolving the sentenced person's request to change residence and send the decision to the sentenced person and the commune-level People's Committee at the departure location. The decision on resolving the sentenced person's request to change residence must clearly state whether the request is approved or not; in case of disapproval, the reasons must be clearly stated.

5. Police units and localities are responsible for cooperating with the criminal execution management agency under the Ministry of Public Security of Vietnam, criminal execution agencies at the police levels in verifying information to serve the resolution of changing residence for sentenced persons.

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

Thuy Tram

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