The Time Limit for Agreement on the Decision to Transfer Individuals Serving Prison Sentences to Vietnam

Time limit for negotiating the decision to transfer prisoners to Vietnam (Illustration)

To be specific, in Article 33 of Decree 133/2020/ND-CP, it is stipulated that within 05 working days from the date of receiving the decision to transfer prisoners serving sentences in Vietnam to a foreign country by the competent court, the Ministry of Public Security is responsible for sending a written notice and requesting the competent authority of the receiving country to agree on the time, place, and method of transfer.

Within 03 working days from the date of receiving the written agreement from the competent authority of the receiving country, the focal agency of the Ministry of Public Security regarding the transfer of prisoners is responsible for notifying in writing the Criminal Judgment Execution Management Agency under the Ministry of Public Security, the prison where the transferred prisoner is serving the sentence, and related agencies to organize the execution according to their authority.

In case the period exceeds 07 days from the designated time in the agreement to transfer the prisoner and the requesting country is unable to receive the transfer due to objective obstacles and has informed the Ministry of Public Security of the delay and committed in writing to accept the prisoner and bear all costs arising from the delay, the Ministry of Public Security is responsible for negotiating with the competent authority of the foreign country to set a new time and place for the transfer. The postponement of the transfer decision should not exceed 15 days from the date of receiving the declaration of commitment from the foreign country regarding the acceptance of the prisoner.

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

Le Vy

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