What is Suspended Sentence in Vietnam?

Suspended sentence is a legal term commonly used in the criminal law regime. A suspended sentence is understood as the temporary exemption from serving a prison sentence under certain conditions, such as the law violator having committed a less serious offense, the prison sentence not exceeding 03 years, possessing good personal background, having many mitigating circumstances, and it is deemed unnecessary to isolate the offender from society. In such cases, the court may exempt the offender from serving the sentence in a prison facility, allowing the offender to be subjected to supervision, management, and education in the locality where they reside by the local authorities.

Article 60 of the 1999 Criminal Code refers to the suspended sentence as follows:

"1. When sentencing to imprisonment for not more than three years, based on the personal background of the offender and mitigating circumstances, if it is deemed unnecessary to enforce the prison sentence, the court may grant a suspended sentence and set a probation period from one year to five years;

2. During the probation period, the court entrusts the person granted the suspended sentence to the agency, organization where that person works or the local authority where that person permanently resides for supervision and education. The family of the convicted person is responsible for cooperating with the agency, organization, and local authority in the supervision and education of that person;

3. The person granted the suspended sentence may be subject to additional penalties such as a fine, prohibition from holding certain positions, prohibition from practicing certain professions, or doing certain jobs as stipulated in Articles 30 and 36 of this Code;

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A person sentenced to imprisonment may be considered for a suspended sentence only if they meet all the conditions stipulated in Resolution 01/2013/NQ-HDTP as follows:

- Sentenced to imprisonment for not more than 03 years for a less serious crime, serious crime, or very serious crime;

- Having good personal background, having always complied with policies, laws, and fully performed the duties of a citizen in their place of residence and workplace outside the instance of this offense; having no legal violations; never been convicted, administratively handled, or disciplined;

- In the case of an offender who has a criminal record but it has been expunged or is automatically expunged, they are considered as not having been convicted; administrative handling or disciplinary measures, if the time limit for being considered as having not been administratively handled has expired;

- Having a specific and clear place of residence;

- Having no aggravating circumstances for criminal liability as defined in Clause 1, Article 48 of the Criminal Code, and having at least 02 mitigating circumstances for criminal liability, including at least 01 mitigating circumstance specified in Clause 1, Article 46 of the Criminal Code; if there is 01 aggravating circumstance for criminal liability, there must be at least three mitigating circumstances, including at least 02 specified in Clause 1, Article 46 of the Criminal Code;

- Capable of self-rehabilitation and if not required to serve the prison sentence, it will not adversely affect the fight against crime, especially corruption crimes.

Additional guidance on content can be found at: Resolution 01/2007/NQ-HDTP, Decree 61/2000/ND-CP, and Resolution 01/2013/NQ-HDTP

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