Time limit for agreement on the decisions to transfer inmates serving prison sentences back to Vietnam

Time limit for agreement on the decisions to transfer inmates serving prison sentences back to Vietnam (Illustration)

According to 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 inmates serving sentences in Vietnam to a foreign country by the competent court, the Ministry of Public Security of Vietnam 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 of Vietnam regarding the transfer of inmates is responsible for notifying in writing the Criminal Judgment Execution Management Agency under the Ministry of Public Security of Vietnam, 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 Vietnam of the delay and committed in writing to accept the prisoner and bear all costs arising from the delay, the Ministry of Public Security of Vietnam 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.

More details can be found in Decree 133/2020/ND-CP, which comes into force in Vietnam from December 25, 2020.

Le Vy

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