Procedures for temporary suspension of serving prison sentence in Vietnam

Procedures for temporary suspension of serving prison sentence (Artwork)

As follows:

The application for temporary suspension of serving a prison sentence, including the following documents:

- A written request 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 warden of the prison or detention center affiliated to the Ministry of Public Security or the Ministry of National Defense of Vietnam, the head of the criminal judgment execution agency of the provincial-level police department or the judgment enforcement agency or military zone-level criminal judgment execution agency; The People's Procuracy of the province, the Military Procuracy of the military zone (in the case requested by the Procuracy);

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

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

- Other relevant documents (if any).

Besides that:

- For a prisoner who is pregnant or nursing a child under 36 months old, there must be a pregnancy conclusion from the district-level hospital or higher or a copy of the birth certificate or birth certificate of the inmate's child, certification of 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 his sentence that he or she is raising children under 36 months old in prisons, detention camps or detention houses.

- For a prisoner who is seriously ill, there must be a conclusion of the Medical Examination Council or a copy of the medical record, the conclusion of a provincial- or military zone-level hospital or higher on that person's health condition. Particularly, HIV-infected prisoners who have changed to clinical stage IV must have HIV test results under the regulations of the Ministry of Health of Vietnam and a copy of the medical record or a conclusion of a competent health authority confirming that has progressed to clinical stage IV, has an opportunistic infection, is incapable of self-care, and has a poor prognosis.

- For a prisoner who is requested to temporarily suspend serving a prison sentence due to the sole worker in the family, a written report certified by the commune-level People's Committee of the place where the inmate resides about the Inmates are the sole labourers in the family. If they continue to serve prison sentences, the family will face special difficulties.

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

Appraisal of dossiers of request for temporary suspension of serving prison sentences

- Within 02 working days from the date of receiving the application for temporary suspension of the prison sentence, the agency competent to appraise the application for temporary suspension of a prison sentence must consider, appraise and give a written reply to the agency making the application for the temporary suspension.

If the application file for temporary suspension of prison sentence serving is incomplete, the appraising agency shall request the agency to make additional documents or clarify 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 matters that need further clarification.

- Within 02 working days from the date of receipt of consent from the appraisal agency, the prison or detention center under the Ministry of Public Security, the Ministry of National Defense of Vietnam, and the prison in the military zone shall make a written request to the competent courts to consider and decide to suspend the serving of prison sentences.

For the application file for temporary 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, detention camps of the military, after appraising and agreeing, the criminal judgment execution agency of the provincial-level police department or the military zone-level criminal judgment execution agency shall send a written request to the provincial-level People's Court or military-level military court. The area where the inmate is serving a sentence shall consider and decide to suspend the serving of the prison sentence.

Note: Particularly for prisoners sentenced to imprisonment of 15 years or less who are infected with HIV at clinical stage IV who have opportunistic infections and are unable to self-serve, have a poor prognosis, and are at high risk of death. If death is high, the agency competent to request the temporary suspension of serving the prison sentence specified at Points a and b, Clause 1, Article 36 of the Law on Criminal Judgment Execution of Vietnam shall make a dossier requesting the suspension of serving the prison sentence and transfer to the Chief Justice of the competent court for consideration and decision without having to examine the application file as in other cases.

Receive dossiers and consider and decide to suspend the serving of prison sentences

- Dossiers of request for temporary suspension of serving prison sentences shall be sent to competent courts by the following methods:

+ Handing over directly at the Court;

+ Send to the Court by postal service;

+ Send by electronic means via the Court's web portal (if any).

- As soon as the court receives the application file for temporary suspension of serving a prison sentence, the court must enter the receipt book, organize the consideration and study of the file and settle as follows:

+ If the application file for temporary suspension of prison sentence is complete according to the instructions, consider and decide on the temporary suspension of serving the prison sentence;

+ In case the application file is incomplete as prescribed or unclear, the court shall notify the competent agency to request the temporary suspension of a prison sentence to supplement documents or clarify further.

In this case, the time limit of 07 days specified in Clause 3, Article 36 of the Law on Criminal Judgment Execution shall be recalculated from the date the Court receives additional documents or written explanations on matters that need further clarification.

- After considering the application file for temporary suspension of serving the prison sentence, the chief justice of the court shall settle as follows:

+ In case there are not enough grounds to suspend the serving of the prison sentence, a decision on temporary suspension shall not be issued and a written reply clearly stating the reason. This document may be complained or recommended in accordance with the Law on Criminal Judgment Execution and must be sent in accordance with Clause 3, Article 36 of the Law on Criminal Judgment Execution;

+ In case there are enough grounds to suspend the serving of the prison sentence, a decision to suspend the serving of the prison sentence shall be issued;

+ If the application file for temporary suspension of serving a prison sentence is complete, but if it is found that there are still problems and unclear contents, the chief justice of the court shall coordinate with the chief procurator of the same-level procuracy to discuss and reach an agreement before issuing the decision.

Note:

- The time limit for temporary suspension of serving a prison sentence is counted from the date the People's Committee of the commune where the person temporarily suspended resides, the military unit assigned to manage the person temporarily suspended receives the handover of the person temporarily suspended.

If the person temporarily suspended has a serious illness and is being treated at a hospital and has to be taken care of by his/her relatives, the time limit for temporary suspension of serving the prison sentence shall be counted from the date of making a record of handing over the person temporarily suspended to him/her. the person at the hospital.

- The decision to suspend the serving of a prison sentence shall be immediately enforced and may be protested against.

Bao Ngoc

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