Are persons serving suspended sentence allowed to change place of residence in Vietnam?

Are persons serving suspended sentence allowed to change place of residence in Vietnam? (Internet image)

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

1. Are persons serving suspended sentence allowed to change place of residence in Vietnam?

Specifically, Article 92 of the Law on Execution of Criminal Judgments 2019 stipulates dealing with person serving suspended sentence’s change of place of residence or work as follows:

- A person serving suspended sentence may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 of Article 92 of the Law on Execution of Criminal Judgments 2019 and make a declaration of temporary absence as prescribed in law on residence.

The absence duration from place of residence shall not exceed 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.

- When seeking permission for absence from place of residence, a person serving suspended sentence must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing.

When the person serving suspended sentence comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune.

- If the person serving suspended sentence commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall send a notice enclosed with relevant documents to the People’s Committee of commune or the military unit in charge.

- The person serving suspended sentence’s change of place of residence or work shall be dealt with in accordance with Article 68 of the Law on Execution of Criminal Judgments 2019.

- A person serving suspended sentence may not leave Vietnam’s territory during his/her probation period.

Thus, the person serving a suspended sentence is still allowed to leave place of residence if there is a legitimate reason but they must obtain permission and fully satisfy the conditions as prescribed above.

2. Actions against violations committed by persons serving suspended sentences in Vietnam

Pursuant to Article 93 of the Law on Execution of Criminal Judgments 2019, actions against violations committed by persons serving suspended sentences include:

- If a person serving suspended sentence commits probation violation prescribed in Clause 1 Article 87 of the Law on Execution of Criminal Judgments 2019, the criminal judgment execution agency of district-level police office or of military zone shall take a violation report and require the person serving suspended sentence to present himself/herself within 7 days from the date of violation report.

After this time limit, if the person serving suspended sentence fails to appear, the criminal judgment execution agency of district-level police office or of military zone shall take a violation report and request the people’s court of district where he/she resides or the military court where he/she works to compel him/her to serve the original prison sentence.

- During the probation period, if a person serving suspended sentence who had been formally criticized as prescribed in Article 91 of the Law on Execution of Criminal Judgments 2019 keeps breaching the probation condition and has been warned in writing, and then he/she still deliberately commits violation, the commune-level police office shall propose the People’s Committee of commune to request the criminal judgment execution agency of district-level police office to request the competent court to compel him/her to serve the original prison sentence.

- Within 5 working days after receiving such a request, the criminal judgment execution agency of district-level police office shall make a dossier of request for forced serving of the original prison sentence to the people’s court of district for consideration and also to the same-level procuracy. Such dossier includes:

+ The request of the criminal judgment execution agency of district-level police office;

+ The report made by the People’s Committee of commune in charge specifying that the person serving suspended sentence having committed probation violations at least 2 times;

+ The record specifying the person serving suspended sentence’s probation violation;

+ The decision on penalty for administrative violation if the person serving suspended sentence incurred a penalty for administrative violation;

+ The record of formal criticism against the person serving suspended sentence violating probation conditions;

+ Other relevant documents.

- During the probation period, if a person serving suspended sentence who had been formally criticized as prescribed in Article 91 of the Law on Execution of Criminal Judgments 2019 keeps breaching the probation condition and has been warned in writing, and then he/she still deliberately commits violation, the military unit shall take a violation record and propose the criminal judgment execution agency of military zone to request the competent court to compel him/her to serve the original prison sentence, and also send the request to the same-level procuracy.

Such dossier includes:

+ The request of the criminal judgment execution agency of military zone;

+ The report made by the military unit in charge specifying that the person serving suspended sentence having committed probation violations at least 2 times;

+ The record specifying the person serving suspended sentence’s probation violation;

+ The decision on penalty for administrative violation if the person serving suspended sentence incurred a penalty for administrative violation;

+ The record of formal criticism against the person serving suspended sentence violating probation conditions;

+ Other relevant documents.

- Within 5 days after receiving a dossier of request for shortening of the probation period, the chief judge of people’s court of district or military zone where the person serving suspended sentence resides or works shall form a council and hold a meeting to consider issuing a decision to compel the serving of the original prison sentence.

The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

Within 3 working days after issuing a decision to cancel compel the serving of the original prison sentence, the issuing court shall send the decision to the individuals and agencies prescribed in Clause 2 Article 84 of the Law on Execution of Criminal Judgments 2019.

- Within 3 working days from the effective date of the court decision, the criminal judgment execution agency of district-level police office or of military zone shall send the person serving suspended sentence concerned to serve his/her original prison sentence.

If the person serving suspended sentence concerned escapes, the criminal judgment execution agency of district-level police office or of military zone shall request the competent criminal judgment execution agency to release a wanted notice.

If the court rejects the request for forced serving of original prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall keep that decision and relevant documents to the suspended sentence execution dossier and send the decision to the People’s Committee of commune or military unit in charge for further supervision and education.

Ho Quoc Tuan

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