11 Prohibited acts in the execution of criminal judgments in Vietnam

11 Prohibited acts in the execution of criminal judgments in Vietnam (Internet image)

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

1. 11 Prohibited acts in the execution of criminal judgments in Vietnam

According to Article 10 of the Law on Execution of Criminal Judgments 2019, the prohibited acts in the execution of criminal judgments in Vietnam include:

- Destroying supervision and detention facilities; destroying and intentionally damaging property of supervision and detention facilities; organizing escape or escaping from supervision and detention places; organizing escape or escaping while being escorted for judgment execution; rescuing inmates, persons serving judicial measures or person being escorted for judgment execution.

- Failing to abide by decisions to execute criminal judgments; obstructing or resisting the implementation of internal regulations on execution of criminal judgments or decisions or requests of competent authorities or persons in execution of criminal judgments.

- Organizing, provoking, instigating, involving, enticing, abetting or forcing others to violate the law on execution of criminal judgments; taking revenge on or infringing upon the life, health, honor, dignity and property of persons in charge of executing criminal judgments.

- Failing to issue decisions to execute criminal judgments; failing to execute decisions to set free persons who are released in accordance with law and other decisions of competent authorities or persons in execution of criminal judgments.

- Giving, taking, brokering bribes, or causing harassment in execution of criminal judgments.

- Illegally releasing persons who are in detention, are being escorted for judgment execution; showing irresponsibility in the management, guard and escort for judgment execution resulting in the escape of persons serving a prison sentence, death sentence or expulsion sentence.

- Abusing positions and powers to request exemption from or reduction of the duration, postponement or suspension of the serving of a sentence, parole, or shortening probation period for ineligible persons; failing to request exemption from or reduction of the duration, postponement or suspension of serving a sentence, parole, or shortening probation period for eligible persons;

Requesting or failing to request early termination of serving judicial measures, postponement or suspension of serving judicial measures; obstructing sentenced persons or corporate legal entities from exercising the rights as specified in this Law.

- Torturing and using brutal, inhuman or humiliating treatment or punishment against sentenced persons or persons serving judicial measures.

- Differentiating, discriminating or infringing upon legitimate rights and interests of sentenced persons or corporate legal entities.

- Issuing or refusing to issue decisions, certificates or other papers regarding execution of criminal judgments in violation of law.

- Falsifying dossiers and records related to execution of criminal judgments.

2. System of execution of criminal judgment organization in Vietnam

System of execution of criminal judgment organization according to Article 11 of the Law on Execution of Criminal Judgments 2019 is as follows:

- Criminal judgment execution management agencies, including:

+ Criminal judgment execution management agencies of the Ministry of Public Security;

+ Criminal judgment execution management agencies of the Ministry of National Defense.

- Criminal judgment execution agencies, including:

+ Prisons of the Ministry of Public Security, prisons of the Ministry of National Defense and prisons of military zones (hereinafter referred to as prisons);

+ Criminal judgment execution agencies of police departments of provinces and central-affiliated cities (hereinafter referred to as criminal judgment execution agencies of provincial-level police departments);

+ Criminal judgment execution agencies of police departments of districts, towns and provincial cities, cities affiliated to central-affiliated cities (hereinafter referred to as criminal judgment execution agencies of district-level police offices);

+ Criminal judgment execution agencies of military zones and equivalent level (hereinafter referred to as criminal judgment execution agencies of military zones).

- Agencies which are assigned certain tasks of criminal judgment execution, including:

+ Detention centers of the Ministry of Public Security, detention centers of the Ministry of National Defense, detention centers of provincial-level departments and detention centers of military zones (hereinafter referred to as detention centers);

+ The People’s Committees of communes;

+ Military units of regiment and equivalent levels (hereinafter referred to as military units).

- The Minister of Public Security and the Minister of National Defense shall specify the organizational apparatuses of criminal judgment execution management agencies and criminal judgment execution agencies.

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