The time in custody or temporary detention shall not be deducted from suspended prison term in Vietnam

The time in custody or temporary detention shall not be deducted from suspended prison term in Vietnam
Lê Hải

Recently, TANDTC has just issued Dispatch 58/TANDTC-PC on the determination of serving duration for offenders sentenced to imprisonment but given a suspended sentence in Vietnam.

According to the Official Dispatch, requesting People's Courts and Military Courts at all levels and heads of units under the People's Court in Vietnam to strictly follow the regulations of Article 65 of Vietnam's Criminal Code 2015 and Article 4 of Vietnam's Resolution 02/2018/NQ-HDTP, specifically, can:

  • When allowing offenders to have suspended sentences, the court must fix a probation period equal to twice the prison sentence, but it must not be less than one year and must not exceed five years.
  • For offenders sentenced to imprisonment but given suspended sentences, the time spent in custody and in temporary detention is not deducted from the term of imprisonment.


    For cases committing a new crime or violating the obligation to serve imprisonment sentence of the suspended sentence during the probation period: Upon settlement, the court shall subtract the time they have been held in custody or temporary detention from the suspended sentence or a new sentence.

For more details, see Vietnam's Official Dispatch 58/TANDTC-PC issued on May 6, 2021.


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