Procedures for change of the place of residence between different districts within the same province for sentenced persons in Vietnam

Procedures for change of the place of residence between different districts within the same province for sentenced persons in Vietnam (Illustrative photo)

According to Article 7 of Circular 64/2019/TT-BCA, procedures for changing the place of residence outside the district administrative unit but within the provincial administrative unit for sentenced persons in Vietnam are as follows:

1. Within 05 working days from the date of receiving the report from the criminal execution agency of the district police where the person is residing according to point b, clause 3, Article 4 of Circular 64/2019/TT-BCA, the provincial-level criminal execution agency must:

- Conduct verification and consider the resolution;

- Notify in writing the district-level criminal execution agency where the person is residing of the resolution regarding the change of place of residence request; if denied, a clear reason must be provided.

2. Within 03 working days from the date of receiving the notice from the provincial-level criminal execution agency, the district-level criminal execution agency must issue a decision on the resolution of the place of residence change request in accordance with clause 4, Article 4 of Circular 64/2019/TT-BCA and send this decision to the Commune People's Committee for carrying out procedures as stipulated in Article 5 of Circular 64/2019/TT-BCA.

3. Within 03 working days from the date of receiving the management, supervision, and education dossier of the person serving the sentence handed over by the Commune People's Committee as stated in point b, clause 1, Article 5 of Circular 64/2019/TT-BCA, the district-level criminal execution agency in Vietnam must:

- Notify and hand over the dossier of the person conditionally released from prison, the dossier of the suspended prison sentence execution, the dossier of the suspended sentence serving, and the dossier of the non-custodial reform (hereinafter collectively referred to as the execution dossiers) and the management, supervision, and education dossier of the person serving the sentence to the district-level criminal execution agency at the new place.

- Report to the provincial-level criminal execution agency about the case of the person's change of place of residence.

4. Within 03 working days from the date of receiving the execution dossier and the management, supervision, and education dossier of the person serving the sentence handed over by the district-level criminal execution agency, the receiving district-level criminal execution agency must:

- Notify and hand over the management, supervision, and education dossier of the person serving the sentence to the Commune People's Committee at the new place for management, supervision, and education;

- Report to the provincial-level criminal execution agency about the reception of the person serving the sentence transferred from another locality;

- Manage the execution dossier and add documents to the execution dossier as per regulations.

5. The handover of the execution dossier, the management, supervision, and education dossier of the person serving the sentence as per clause 3 and clause 4 of this Article shall be done in one of the following forms:

- The district-level criminal execution agency sends officers to directly hand over to the receiving district-level criminal execution agency, and a handover record must be made and filed in the execution dossier, and the management, supervision, and education dossier.

- The district-level criminal execution agency sends the dossier to the receiving district-level criminal execution agency via the Ministry of Public Security of Vietnam’s liaison route, and this is done through a dossier delivery slip and filed in the execution dossier, and the management, supervision, and education dossier.

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

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE