Procedures for making and appraising the application for request suspension of serving prison sentences in Vietnam

Procedures for making and appraising the application for request suspension of serving prison sentences in Vietnam (Internet image)

1. Application for request suspension of serving a prison sentence in Vietnam

Pursuant to Article 5 of the Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, the application for request suspension of serving a prison sentence in Vietnam includes the following documents:

(1) An application form for suspension of the serving of a prison sentence for an inmate of a relative of that inmate, certified by the People's Committee of the commune where the inmate resides;

(2) A written request for suspension of serving a prison sentence from the warden of the prison or detention center affiliated to the Ministry of Public Security or the Ministry of National Defense; the head of the criminal judgment execution agency of the provincial-level police office 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);

(3) A copy of the legally effective judgment, decision, or extract of the criminal judgment;

(4) A copy of the decision to execute the prison sentence;

(5) For inmates who are pregnant or nursing a child under 36 months of age, a conclusion from a district-level hospital or higher must be obtained on the fact that the inmate is pregnant; or a copy of the inmate's birth certificate must be obtained and certified by the warden of the prison or detention camp, the head of the criminal judgment execution agency of the district-level police office where the inmate is serving the sentence, about the fact that he or she is raising a child under 36 months in a prison, a detention camp, or a custody house;

(6) For seriously ill inmates, there must be a conclusion of the Medical Examination Council or a copy of the medical record, the conclusion of a hospital at the provincial or military zone level or higher—about that person's health condition.

Particularly, HIV-infected prisoners who have switched to clinical stage IV must have HIV test results as prescribed by the Ministry of Health; and a copy of the medical record or the conclusion of the competent medical authority confirming that he has moved to clinical stage IV, has an opportunistic infection, is incapable of self-care, and has a poor prognosis;

(7) For inmates who are proposed to temporarily suspend the serving of prison sentences because they are the sole laborers in the family, there must be a report certified by the People's Committee of the commune where the inmate resides that the prisoner is the sole worker in the family if they continue to serve the prison sentence, the family will face special difficulties;

(8) For inmates who are requested to temporarily suspend the serving of prison sentences due to official duty needs, there must be a written request from the agency, organization, local government, or military unit related to the performance of such official duty;

(9) Other relevant documents (if any).

Note: The application file for suspension of prison sentence must be numbered and kept in the judgment execution file of the person temporarily suspended from serving the prison sentence under the management of the Court.

2. Procedures for making and appraising dossiers of requests for suspension of serving prison sentences in Vietnam

Article 8 of Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP stipulates the order and procedures for making and appraising dossiers of requests for suspension of serving prison sentences as follows:

Step 1:

- The council considers and proposes the suspension of serving prison sentences in prisons; detention camps of the Ministry of Public Security shall make dossiers of requests for suspension of serving prison sentences for inmates who are serving prison sentences in prisons; that detention camp shall transfer the dossiers to the Police Department managing the prison, compulsory education institution, and reformatory school of the Ministry of Public Security for consideration and appraisal.

- The council considers and proposes the suspension of serving prison sentences in prisons; detention camps of the Ministry of National Defense shall compile dossiers of requests for suspension of serving prison sentences for inmates who are serving prison sentences in prisons; the detention center shall transfer the dossiers to the criminal judgment execution management agency of the Ministry of National Defense for consideration and appraisal.

- The council considers and proposes to suspend the serving of prison sentences in detention camps of provincial-level police offices; the criminal judgment execution agency of the district-level police office shall make a dossier of requests for suspension of the serving of prison sentences for inmates who are serving a prison sentence at a detention camp of the provincial-level police department; criminal judgment execution agencies of district-level police offices and report to criminal judgment execution agencies of provincial-level police offices for consideration and appraisal.

- The council considers and proposes the suspension of serving prison sentences in prisons; detention camps of military zones shall make dossiers of requests for suspension of serving prison sentences for inmates who are serving prison sentences in prisons; and detention camps of military zones shall transfer them to military zone-level criminal judgment and execution agencies for consideration and appraisal.

Step 2:

Within 2 working days from the date of receipt of the application for suspension of serving the prison sentence, agencies competent to appraise dossiers of requests for suspension of prison sentence execution must consider, evaluate, and send written responses to agencies making dossiers of requests for suspension.

If the application file for suspension of serving a prison sentence is incomplete, the appraising agency shall request the agency to make an additional dossier or clarify it further.

The time limit of 02 working days for consideration and appraisal shall be recalculated from the date the appraisal agency receives additional documents or written explanations on the issue that needs further clarification.

Step 3:

Within 02 working days from the date of receiving the consent of the appraisal agency, prisons, detention camps, the Ministry of Public Security, the Ministry of National Defense, and prisons in military zones shall make a written request to a competent court to consider and decide to suspend the serving of prison sentences.

- For dossiers of requests for suspension of serving prison sentences for inmates who are serving prison sentences at detention camps of provincial-level police, criminal judgment execution agencies of district-level police offices, and detention camps of military districts, after due diligence and consent, the criminal judgment execution agency of the provincial-level police department and the military zone-level criminal judgment execution agency send a written request to the People's Court of the province or the military court of the military zone where the inmate is serving his sentence to consider and decide to suspend the serving of the prison sentence.

- For prisoners sentenced to prison terms of 15 years or less who are infected with HIV at clinical stage IV who have opportunistic infections and are unable to take care of themselves, have a poor prognosis, and are at high risk of death, the agency competent to request the suspension of the serving of the prison sentence specified at Points a and b, Clause 1, Article 36 of the Law on Criminal Judgment Execution 2019 shall make a dossier requesting the suspension of serving the prison sentence; and transfer it to the Chief Justice of the competent court for consideration and decision without having to appraise the application file like in other cases.

Along with sending the dossiers of requests for suspension of the serving of imprisonment sentences for inmates specified in this Clause to the competent courts, copies shall also be sent to the procuracies of the same level.

- For an inmate who falls into one of the cases specified at Points a and b, Clause 1, Article 67 of the Penal Code, if convicted of less serious, serious, or very serious crimes infringing upon national security, he or she must have the written consent of the Minister of Public Security or the Minister of National Defense.

- For an inmate falling into one of the cases specified at Points a and b, Clause 1, Article 67 of the Penal Code, if convicted of particularly serious crimes infringing upon national security or sentenced to life imprisonment that has not been reduced to fixed-term prison, then:

There must be a written request from the Minister of Public Security or the Minister of National Defense and the written consent of the Chief Justice of the Supreme People's Court and the Chief Procurator of the Supreme People's Procuracy.

Step 4:

Through the supervision of judgment enforcement, if it is found that an inmate is eligible to be temporarily suspended from serving a prison sentence, the procuracies themselves or in writing request the warden of the prison or detention camp, the head of the criminal judgment execution agency of the provincial- or military zone-level police department, to compile a dossier requesting the suspension of serving a prison sentence for that prisoner.

In the case of superintendents of prisons or detention camps, if the head of the criminal judgment execution agency of the provincial- or military zone-level police department compiles a dossier of requests for a suspension of the serving of a prison sentence for an inmate at the request of the procuracies, the order and procedures shall be followed according to the provisions of Article 67 of the Penal Code.

Ngoc Nhi

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