The Vietnam Ministry of Justice has just signed Decision 1559/QD-BTP for issuing the Plan for the execution of the Criminal Code with the following 8 key contents:
Article table of contents
Firstly, review the subjects stipulated in Clause 2, Article 2 of Resolution 41/2017/QH14 to implement the exemption from executing fines, and criminal record expungement for convicts:
- The General Department of Civil Judgment Execution directs civil judgment execution agencies to review convicts who are eligible for exemption from executing fines as stipulated in Points d and đ of Clause 2, Article 2 of Resolution 41 and prepare dossiers to request the competent court to exempt the convicts from executing the fines;
- The National Judicial Record Center reviews and directs, guides the Department of Justice to review convicts who are naturally eligible for criminal record expungement as stipulated in Point g, Clause 2, Article 2 of Resolution 41 and update the information into their judicial record; issue a judicial record card stating "no criminal record" for them upon request.
Secondly, organize the compilation and printing of materials to serve the communication, dissemination, and training:
- Organize the compilation and printing of materials for general communication, dissemination, and introduction of the Criminal Code 2015 and Resolution 41;
- Organize the compilation and printing of in-depth training materials on Criminal Code 2015;
- Organize the compilation of materials for understanding the Criminal Code 2015;
- Organize the compilation of comment books on Criminal Code 2015.
Thirdly, organize communication, training, dissemination, and propaganda for Criminal Code 2015 and Resolution 41:
- Organize an online conference to implement Criminal Code 2015 and Resolution 41 for representatives from relevant ministries, central agencies of political-social organizations, representatives from People's Councils and People's Committees of provinces and municipalities, and related agencies and organizations at central and local levels, representatives from relevant departments, agencies, representatives from the Vietnam Fatherland Front, and its member organizations, Bar Association, and Provincial Bar Associations;
- Organize an online training conference for legal report presenters on Criminal Code 2015 and Resolution 41 for central, provincial, and district legal report presenters, representatives from the Department of Justice, Civil Judgment Execution Department, and representatives from the Vietnam Fatherland Front, Bar Association, and Provincial Bar Associations;
- Organize a conference to disseminate and propagate Criminal Code 2015 and Resolution 41 to officials and public employees within the Ministry;
- Disseminate and propagate Criminal Code 2015 and Resolution 41 through mass media.
Fourthly, organize in-depth training on Criminal Code 2015 and Resolution 41 for the following subjects:
- Civil judgment execution officers;- Legal aid officers;- Judicial record officers;
At the same time, cooperate with the Vietnam Bar Federation and relevant ministries and agencies in in-depth training for lawyers, forensic experts, legal consultants, auctioneers, and other related subjects on aspects related to Criminal Code 2015.
Fifthly, review legal documents related to Criminal Code 2015 under the Ministry’s management to propose amendments, supplements, replacements, abolition, or issuance of new legal documents to ensure the effective implementation of the Code; aggregate the results of the review of legal documents related to Criminal Code 2015 from other ministries and build a Report on the review results to present to the Prime Minister the Government of Vietnam.
Sixthly, draft a Decree detailing supervision and educational measures applied in cases of exemption from criminal liability as stipulated in Section 2, Chapter XII of the Criminal Code 2015.
Seventhly, review the curriculum system, teaching materials in higher education institutions, vocational education establishments, judicial training institutions, training judicial titles programs, and high school civic education textbooks related to Criminal Code 2015 to amend, supplement, or redraft them to be in line with the new provisions of the Code.
Eighthly, develop a Directive from the Prime Minister of the Government of Vietnam urging the implementation of the Criminal Code 2015.
Decision 1559/QD-BTP is effective from September 27, 2017.
