Guidelines for determining the time to start serving criminal sentences in the community in Vietnam

Guidelines for determining the time to start serving criminal sentences in the community in Vietnam

Specifically, the time to start serving a criminal sentence in the community in Vietnam is determined as follows:

- The time to start serving the suspended sentence shall comply with Article 5 of Resolution 02/2018/NQ-HDTP dated May 15, 2018 guiding the application of Article 65 of the Penal Code on suspended sentences and Clause 4, Article 1 of Resolution 01/2022/NQ-HDTP dated April 15, 2022 amending Resolution 02/2018/NQ-HDTP;

- The time to start serving the sentence of non-custodial reform is counted from the date the criminal judgment execution agency of the district-level police office or the military zone-level criminal judgment execution agency receives the judgment enforcement decision;

- The time to start serving the sentence of residence ban or probation is counted from the date of completing the prison sentence;

- The time to start serving the sentence of deprivation of some citizenships is counted from the date of completion of the imprisonment penalty or from the date the judgment takes legal effect in case the convict is entitled to a suspended sentence.

- The time to start serving the sentence of a ban from holding certain posts, practicing certain professions, or doing certain jobs is counted from the date of completion of the imprisonment penalty.

Or from the date the judgment takes legal effect if the main punishment is a warning, a fine, non-custodial reform, or if the convict is entitled to a suspended sentence.

Conditions for requesting to cancel the decision on parole before the conditional time limit in Vietnam

Conditions for requesting to cancel the decision on parole before the conditional time limit in Vietnam are as follows:

- Within 03 working days from the date of making the record of the second violation of obligations or receiving the decision on sanctioning the second administrative violation, commune-level People's Committees, military units shall report to criminal judgment execution agencies of district-level police offices and military zone-level criminal judgment execution agencies (enclosed with minutes of violations and decisions on sanctioning administrative violations) to request the competent Court to consider and decide.

- Within 03 working days from the date of receiving the report of the commune-level People's Committee, military units, criminal judgment execution agencies of district-level police offices, and criminal judgment execution agencies of military zones shall make dossiers of request for cancellation of prison release decisions before the conditional time limit, transfer them to the court that has issued the decision to release the prison before the conditional time limit to consider and cancel the decision on parole before the conditional time limit; and at the same time send 01 set of dossiers to the procuracies of the same level with the court.

- Dossier of request for annulment of the decision on parole before the time limit with conditions shall comply with Clause 1, Article 71 of the Law on Execution of Criminal Judgments.

More details can be found in Joint Circular 01/2023/TTLT-BCA-BQP-TANDTC-VKSNDTC, effective from March 10, 2023.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE