Application for temporary suspension of serving a prison sentence in Vietnam

Application for temporary suspension of serving a prison sentence in Vietnam (Internet image)

Application for temporary suspension of serving a prison sentence in Vietnam

The content mentioned in Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP is the regulation on coordination relationships in implementing the order and procedures for the temporary suspension and reduction of the prison term, issued by the Chief Justice of the Supreme People's Court - the Chief Procurator of the Supreme People's Procuracy - the Minister of Public Security - the Minister of National Defense.

Application for request for temporary suspension of serving a prison sentence consists of the following documents:

- An application form for temporary suspension of the serving of prison sentences for the inmate's relatives, certified by the commune-level People's Committee of the place where the inmate resides;

- A written request for temporary suspension of serving a prison sentence from the superintendent of the prison or detention center of the Ministry of Public Security or the Ministry of National Defense, the head of the criminal judgment execution agency of the provincial-level Police Department, or the criminal judgment execution agency of the military zone; The People's Procuracy of the province, the Military Procuracy of the military zone (in the case requested by the Procuracy);

- A copy of the legally effective criminal judgment or decision or an extract of the criminal judgment;

- A copy of the decision on execution of the prison sentence;

- An inmate who is pregnant or nursing a child under 36 months old must have a conclusion from a district-level hospital or higher that the inmate is pregnant, or a copy of the birth certificate or birth certificate of the inmate's child, certified by the superintendent of the prison or detention camp, or the head of the criminal judgment execution agency of the district-level police office where the inmate is serving his sentence, that he or she is raising a child under 36 months old in a detention camp;

- For a seriously ill inmate, there must be a conclusion of the Medical Examination Council, a copy of the medical record, or the conclusion of a provincial- or military zone-level hospital or higher on that person's health condition. Particularly, inmates infected with HIV who have switched to clinical stage IV must have HIV test results according to the regulations of the Ministry of Health and a copy of the medical record or a conclusion of a competent health authority confirming that they have transferred to clinical stage IV, have an opportunistic infection, are unable to self-serve, and have a poor prognosis;

- For an inmate who is proposed to suspend serving a prison sentence for the reason that he is the only family worker, a written report certified by the commune-level People's Committee of the place where the inmate resides that the inmate is the sole worker in his family, if he continues to serve the prison sentence, the family will face special difficulties;

- For an inmate who is requested to temporarily suspend serving a prison sentence due to official duty needs, a written request must be obtained from an agency, organization, local government, or military unit related to the performance of such official duty;

- Other relevant documents (if any).

Application for a request for temporary suspension of a prison sentence must be numbered and kept in the judgment execution file of the person temporarily suspended from serving a prison sentence managed by the court.

Proposal to suspend the execution of prison sentences in Vietnam

Competent agencies specified in Clause 1, Article 36 of the Law on Execution of Criminal Judgments, when requesting a temporary suspension of prison sentence serving for an inmate, must make a written request. The document must contain the following contents:

- Date, month and year of making the document;

- Name of the requesting agency;

- Name of the Court receiving the document;

- Full name, date, month, year of birth, place of residence, and work of the inmate;

- Number, date, and year of the court's legally effective judgment or decision; number, date, month, and year of the decision to execute the prison sentence; the time the inmate has served the prison sentence;

- Reasons for requesting a temporary suspension of serving prison sentences;

- List of documents enclosed with the proposal;

- The end of the written request must be signed and stamped by the legal representative of the agency.

Duong Chau Thanh

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