What are regulations on the transfer of inmates serving prison sentences back to Vietnam?

What are regulations on the transfer of inmates serving prison sentences back to Vietnam? (Illustrative image)

According to Article 31 Decree 133/2020/ND-CP stipulates the policies for management, detention, reformative education, rights, and obligations of individuals serving prison sentences transferred to Vietnam to serve their sentence according to the provisions of the Law on Execution of Criminal Judgments and other relevant provisions of the law in Vietnam.

In case a notice is received regarding pardon decisions, amnesty or reduction of the prison sentence period, release, or any decision or measure from the transferring country towards the individual being transferred to Vietnam to serve their sentence leading to a reduction in the prison sentence period or release of the individual, the focal agency of the Ministry of Public Security of Vietnam responsible for transferring individuals serving prison sentences must immediately send that notice along with a document proposing the competent authority to consider and decide in accordance with Vietnamese law and relevant international treaties on the transfer of individuals serving prison sentences to which Vietnam and the transferring country are members or according to direct agreements between the competent authorities of Vietnam and the transferring country based on the principle of reciprocity but not contrary to Vietnamese law, consistent with international law and practices.

Note: Upon receiving the decision of the competent authority on recognizing and enforcing the decision of the transferring country as mentioned above, the prison where the transferred inmate is being managed and detained has the responsibility to organize the execution and notify the focal agency of the Ministry of Public Security of Vietnam of the execution results to inform the competent authority of the transferring country.

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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