What is the correct understanding of the penalty of residence ban in Vietnam?

According to the Decree No. 53/2001/NĐ-CP of the Government of Vietnam, residence ban is an additional penalty applicable to persons who are sentenced to imprisonment, prohibiting them from temporarily or permanently residing for between one year and five years in certain localities as from the date they have completely served their imprisonment sentences.

Probation is an additional penalty applicable to persons who are sentenced to imprisonment for infringing upon the national security, to dangerous recidivists or other cases provided for by the Criminal Code of Vietnam, forcing them to reside, earn their living and reform themselves in a certain locality for between one year and five years after the date they have completely served their imprisonment sentences, under the supervision and education by the local administrations and people.

The People’s Committees of communes that enforce the residence ban and probation penalties shall have to coordinate with Vietnam Fatherland Front and its members at the same level in closely managing, supervising, educating, helping and creating conditions for the convicted persons to earn their living, thereby preventing them from continuing to commit law violations, and to strictly implement the court judgments.

The residence ban and probation penalties must be enforced to the right subjects and in accordance with the provisions of the Criminal Code, the Criminal Procedure Code of Vietnam and this Decree.

Note: All acts of infringing upon the life, health, honor, dignity and property of the persons subject to residence ban or probation penalty are strictly forbidden.

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

Thuy Tram

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