Vietnam: Probationers still have 03 basic rights

According to Article 5 of the Decree No. 53/2001/NĐ-CP of the Government of Vietnam, persons subject to residence ban shall have the following rights:

1. When having plausible reasons, to possibly get permission to travel to localities banned to them to visit their relatives or families who are living there or to their native places if they get the consent of the commune-level People’s Committees of such places; the duration of their stay shall be decided by the commune-level People’s Committees of the destination places but must not exceed five days each time.

2. To choose on their own will their residence places other than the places banned to them according to the provisions of law; not to be subject to any restrictions on their travel, occupation practicing or job doing provided that there are no other court judgments or decisions banning them from practicing such occupations or doing such jobs, and such occupations or jobs do not fall under conditional business lines and trades prescribed in the Vietnam Government’s Decree No. 08/2001/ND-CP of February 22, 2001.

3. When deeming that they meet all the conditions prescribed in Article 6 of this Decree, to propose the commune-level People’s Committees of the places where they are residing to carry out the procedures to request the competent authorities to consider and exempt them from serving the residence ban for the remaining period according to law provisions.

Along with the above-mentioned rights, persons subject to residence ban shall have the obligation as follows:

- Not to reside in places banned under court decisions but to reside in other places;

- To present themselves to the commune-level People’s Committees of the places where they are allowed to reside, produce the certificates of their complete serving of imprisonment penalty and the prison’s written remarks on the results of their serving of imprisonment sentences;

- To strictly observe the policies and laws of the State and regulations of the administrations of the localities where they reside.

Note: Persons subject to residence ban, who deliberately disobey the regulations on residence ban after necessary coercive measures have been applied, shall be examined for penal liability for non-execution of judgments under Article 304 of the Criminal Code of Vietnam.

More details at the Decree No. 53/2001/NĐ-CP, effective from September 07, 2001.

Thuy Tram

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