Procedures for requesting postponement of serving prison sentences in Vietnam

Bao Ngoc

16:52, 18/10/2021

This is the content at Vietnam's Joint Circular 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP dated August 12, 2021 stipulates the cooperation relationship in implementing the order and procedures for postponing or exempting from serving prison sentences.

According to the Joint Circular of Vietnam, the following individuals and agencies have the right to make applications or written requests for postponement of serving prison sentences:

- The person sentenced to prison. If the offender is unable to make an application by himself/herself, the convict's next of kin may make an application on his/her behalf;

- Procuracy of the same level;

- The criminal judgment execution agency of the district-level police office where the sentenced person resides;

- Military zone-level criminal judgment execution agency where the sentenced person works or resides.

An application or written request for postponement of the serving of a prison sentence must be sent to the court that has issued the judgment enforcement decision within 03 days from the date of receipt of the judgment enforcement decision, except for force majeure events or objective obstacles.

Submission method:

- Filed directly at the Court;

- Send to the Court by postal service;

- Submit online by electronic form via the electronic portal of the Court (if any).

For details, see Joint Circular 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP of Vietnam effective from October 1, 2021.

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