sentenced persons must report to the Commune People's Committee as summoned to complete sentence enforcement procedures in Vietnam

Fs must report to the Commune People's Committee as summoned to complete sentence enforcement procedures in Vietnam (Illustrative photo)

According to Circular 65/2019/TT-BCA, the summoning of those on probation, those serving non-custodial reform sentences, and those deferred from serving imprisonment in Vietnam is implemented as follows:

- The district-level criminal execution agency of the Police summons the sentenced individuals to the headquarters of the Commune People’s Committee to complete the execution procedures and commit to the execution of the sentence and adherence to the law within the time limits prescribed by the Law on Execution of Criminal Judgments. In cases where the sentenced person is under 18 years of age, the representative of the sentenced person must also be summoned to attend the meeting.

- The district-level criminal execution agency of the Police sends a summons to the individual summoned and simultaneously notifies the Chairman of the Commune People’s Committee, requesting the Chairman to appoint a representative to attend the meeting with the district-level criminal execution agency of the Police regarding the sentenced person.

- The composition of the meeting with the sentenced person includes: officers from the district-level criminal execution agency of the Police (chairperson), representatives of the Commune People’s Committee, representatives of the Commune Police, and the representative of the sentenced person if the person is under 18 years old.

- The content of the meeting and commitment to sentence execution are as follows:

The officer from the district-level criminal execution agency of the Police announces the court’s decision, the rights, and obligations of the sentenced person; requires the sentenced person to strictly comply with the law, their obligations, local regulations, and other related matters to sentence execution; requires the sentenced person to write a self-declaration of their personal history and a commitment to sentence execution. If the person is under 18 years old, the commitment to sentence execution must be confirmed by the representative. At the end of the meeting, a work report is prepared, signed by all participants at the meeting.

- If the sentenced person does not show up at the summoned time without a valid reason, the district-level criminal execution agency of the Police must prepare a report of obligation violation and cooperate with the Commune People’s Committee, the Commune Police to verify. If verification yields results, the sentenced person is requested to be present at the Commune People’s Committee headquarters to commit to sentence execution. If verification does not yield results, then cooperate with the court, the competent procuracy to resolve and handle the execution of the sentence and report to the provincial-level criminal execution agency of the Police and the criminal execution management agency of the Ministry of Public Security. If the sentenced person deliberately refuses to commit, the district-level criminal execution agency of the Police prepares a report of obligation violation and handles it according to regulations in Vietnam.

More details can be found in Circular 65/2019/TT-BCA, which comes into effect in Vietnam from January 15, 2020.

Thuy Tram

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