Time for consideration of parole in Vietnam

Time for consideration of parole in Vietnam (Internet image)

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

1. Time for consideration of parole in Vietnam

According to Article 57 of the Law on Execution of Criminal Judgments 2019, the consideration of parole shall be carried out 3 times a year: at the end of the first quarter, the second quarter and the end of the year.

2. Application for parole

Application for parole according to Article 58 of the Law on Execution of Criminal Judgments 2019 is as follows:

- Prisons, detention centers of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments or of military zones shall prepare applications for parole and send them to the provincial-level or military-level people’s procuracy, provincial-level or military-level people’s court where the inmates have served their prison sentences.

- An application for parole shall consist of:

+ An application form for parole made by the inmate enclosed with commitment not to violate the law and obligations to be fulfilled after the parole is granted;

+ A copy of legally effective court judgment or decision; judgment execution decision;

+ Documents showing that the inmate has made considerable progress and great rehabilitation which are decisions or copies thereof on inmate's performance grade;

+ A copy of decision on reduction of the duration of serving prison sentence granted the person sentenced for serious crime or very serious crime or extremely serious crime;

+ Documents showing that the inmate has completely served the additional sentence as a fine or compensation for damage or payment of court fee;

+ Documents showing the inmate’s actual duration of serving the prison sentence;

+ Relevant proof showing that inmate is a person who has meritorious services to the revolution or a relative thereof, is at least 70 years of age, has severe disabilities or extremely severe disabilities, raises a child under 36 months of age, or is a minor;

+ A request for parole made by the prison, detention center of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agency of provincial-level police department or of military zone.

- A person whose prison sentence is suspended or a person subject to execution of compulsory medical treatment may reserve his/her performance grade and resume the performance period after he/she continues to serve his/her sentence.

In this case, if the People’s Committee of commune where the person whose prison sentence is suspended comes to resides, the military unit assigned to supervise this person, or the health facility receiving this person certifies that such person has strictly complied with laws and regulations, he/she may be considered to be granted parole.

- If an inmate is transferred for investigation, prosecution, and trial purposes has not been prosecuted for another offense, the prison, detention center, or criminal judgment execution agency of district-level police office which receive the transferred inmate shall request the prison, detention center, or criminal judgment execution agency of district-level police office in charge to consider making an application for parole granted him/her if he/she is eligible.

3. Regulations on execution of parole in Vietnam

According to Article 59 of the Law on Execution of Criminal Judgments 2019, the execution of parole in Vietnam is as follows:

- After receiving a decision on parole, the prison, detention center, or criminal judgment execution agency of district-level police office shall post up a list of inmates granted parole at the place of detention.

After the decision on parole takes effect, the prison, detention center, or criminal judgment execution agency of district-level police office shall issue certificates of parole to eligible inmates and release them. The probation period shall begin from the date on which decision on parole takes effect.

The prison, detention center, or criminal judgment execution agency of district-level police office shall hand inmate dossiers over to the criminal judgment execution agency of district-level police office where the parolee comes to reside or the criminal judgment execution agency of military zone.

- The criminal judgment execution agency of district-level police office where the parolee comes to reside or the criminal judgment execution agency of military zone shall receive and maintain the inmate dossiers; prepare supervision dossiers of parolees and give them to the People’s Committee of commune or military unit in charge.

Within 5 days from the parole date, the parolee must present himself/herself at the People’s Committee of commune or the military unit in charge to commit to fulfill his/her obligations, except for force majeure events or objective hindrance.

After the above 5-day time limit, if the parolee fails to present himself/herself, the People’s Committee of commune or the military unit in charge shall summon him/her to the head office to make the commitment.

If he/she fails to present himself/herself as summoned or make such a commitment, the commune police or military unit shall make a report on his/her breach of obligations.

The People’s Committee of commune or military unit in charge shall send reports on parolees’ presence and commitments to district-level police office or criminal judgment execution agency of military zone.

- If the parolee under management of the military has no longer served in the military, the criminal judgment execution agency of military zone shall deliver such parolee enclosed with his/her inmate dossier to the criminal judgment execution agency of district-level police office where he/she comes to reside; prepare supervision dossier of the parolee and give it to the People’s Committee of commune in charge.

- On the final day of the probation period, the criminal judgment execution agency of district-level police office or of military zone in charge of the parolee shall issue a certificate of complete serving of prison sentence and send it to the same-level procuracy and court which has issued the decision on parole and the court which has issued the judgment execution decision, the prison, detention center, or criminal judgment execution agency of district-level police office or of military zone where such person has served the sentence, National Center for Judicial Records and the People’s Committee of commune where he/she comes to reside.

- If the parolee dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision.

Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the same-level procuracy, criminal judgment execution agency of district-level police office or of military zone, the People’s Committee of commune or the military unit in charge and Department of Justice of province where the court which issued the decision is based.

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