Suspension of imprisonment in specific cases in Vietnam

Suspension of imprisonment in specific cases in Vietnam (Internet image) 

1. Regulations on request for suspension of serving prison sentences in Vietnam

Article 6 of Joint Circular 01/2021/TTLT-TANDTC-BCA-BQP, the competent agencies specified in Clause 1, Article 36 of the Law on Criminal Judgment Execution require a written request be made when requesting a suspension of the serving of prison sentences for an inmate. 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 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.

2. Suspension of imprisonment in specific cases in Vietnam

According to Article 10 of the Joint Circular 01/2021/TTLT-TANDTC-BCA-BQP, the suspension of imprisonment in some specific cases is as follows:

2.1. Cases where people are waiting to be sent to serve prison sentences in Vietnam

For those who are waiting to be sent to serve prison sentences.

Persons who have received a court's decision to execute prison sentences and are in detention camps, custody houses, or criminal judgment execution agencies of district-level police offices waiting to be sent to serve judgments (persons awaiting sentencing)  may be proposed to suspend the serving of prison sentences. Authority, order, procedures, and dossiers of request for suspension of serving prison sentences shall be similar to those of inmates currently serving prison sentences at detention camps or criminal judgment execution agencies of district-level police offices.

2.2. The case of the inmate is extracted

Inmates who are extracted to serve an investigation, prosecution, or trial but are not subject to criminal prosecution for other criminal acts shall:

The prison, detention center, and criminal judgment execution agency of the district-level police office where the inmate is extracted shall send a written request to the detention center, detention center, and criminal judgment execution agency of the district-level police office where the inmate's records are managed to consider and compile a dossier of a request for suspension of the serving of prison sentences. If they are eligible, they can be Suspended from serving a prison sentence.

For prisons, detention camps, and criminal judgment execution agencies of district-level police offices where the inmates are extracted, and concurrently manage inmates' files, prisons, detention camps, and criminal judgment execution agencies of the district-level police offices where the inmates are extracted shall request a suspension of the serving of prison sentences.

The order, procedures, and dossiers of requests for suspension of prison sentences are the same as those of inmates currently serving sentences at prisons, detention camps, or criminal judgment execution agencies of district-level police offices.

2.3. Suspending the serving of prison sentences for cassation and reopening trials in Vietnam

Suspending the serving of prison sentences for cassation or reopening trials.

Immediately after receiving a decision to suspend the execution of a judgment or a decision protested against by cassation or reopening, a prison or detention center, the criminal judgment execution agency of the district-level police office that is managing the person subject to suspension shall organize the assignment of the suspended person to the commune-level People's Committee of the place where he/she resides or the assigned military unit for management.

Ngoc Nhi

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