Procedures for exemption from serving the remainder of the prohibition from residence sentence in Vietnam

Procedures for exemption from serving the remainder of the prohibition from residence sentence in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for exemption from serving the remainder of the prohibition from residence sentence in Vietnam

According to Article 110 of the Law on Execution of Criminal Judgments 2019, the procedures for exemption from serving the remaining period of residence ban are as follows:

- At the request of the commune-level People's Committee of the place in which a person serving prohibition from residence sentence comes to reside as such person has met all conditions prescribed in Clause 6 Article 62 of the Criminal Code, the criminal judgment execution agency of the district-level police office shall compile a dossier to request the court at the same level to consider exemption from serving the remainder of the prohibition from residence sentence, and send a copy of dossier to the same-level procuracy.

Such a dossier comprises:

= A copy of the legally effective court judgment or decision; a copy of the judgment execution decision;

= The written request of the commune-level People's Committee;

= The written request of the criminal judgment execution agency of the district-level police office;

= A petition of the person serving prohibition from residence for the exemption;

= Other relevant documents.

- Within 15 days after receiving a dossier prescribed in Clause 1 Article 110 of the Law on Execution of Criminal Judgments 2019, the chief judge shall establish a council and hold a meeting to consider the request for exemption from the remainder of the prohibition from residence sentence.

The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

- Within 3 working days after issuing a decision to exempt the remainder of the prohibition from residence sentence, the court shall send this decision to the sentenced person concerned, the same-level procuracy, the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision and the People’s Committee of commune where he/she resides or Department of Justice of province where the court which issued the decision is based.

2. Rights and obligations of persons serving prohibition from residence sentence in Vietnam

Specifically, Article 109 of the Law on Execution of Criminal Judgments 2019 stipulates the rights and obligations of persons serving prohibition from residence sentence as follows:

- A person serving prohibition from residence sentence shall have the following rights:

= Travel to places in which they are prohibited from residing when having a plausible reason and obtaining approval of commune-level People's Committees of these places. The duration of each sojourn shall be decided by commune-level People's Committees of places of destination but must not exceed 5 days;

= Be considered for exemption from serving the prohibition from residence sentence proposed by the People’s Committee of commune where he/she resides as per the law.

- A person serving prohibition from residence sentence shall have the following obligations:

= Refrain from residing in areas in which they are prohibited from residing, except for Point a Clause 1 of Article 109 of the Law on Execution of Criminal Judgments 2019;

= Strictly abide by his/her commitment to comply with law;

= Present himself/herself at the request of the People’s Committee of commune where the sentenced person resides.

3. Tasks and powers of commune-level People's Committees of places in which sentenced persons come to reside in Vietnam

Pursuant to Article 108 of the Law on Execution of Criminal Judgments 2019, the tasks and powers of commune-level People's Committees of places in which sentenced persons come to reside are as follows:

- A commune-level People's Committee of the place in which a sentenced person comes to reside has the following tasks and powers:

= Receive the dossier and organize supervision and education of the sentenced person; to enable him/her to work and learn in normal condition;

= Summon the sentenced person to notify the execution of sentence; inform rights and obligations and regulations relevant to the execution of sentence;

= Give remarks in writing and keep dossier of the sentenced person’s serving of prohibition from residence sentence;

= Require the sentenced person to commit and fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation of law;

= Report the criminal judgment execution agency of district-level police office to request the competent court to consider exemption from the remainder of prohibition from residence sentence;

= Report on the judgment execution result to the competent criminal judgment execution agency.

- Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of Article 108 of the Law on Execution of Criminal Judgments 2019.

Ho Quoc Tuan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE