Cases are considered and resolved to change the place of residence for people receiving suspended sentences in Vietnam

Cases are considered and resolved to change the place of residence for people receiving suspended sentences in Vietnam (Internet image) 

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

1. Cases are considered and resolved to change the place of residence for people receiving suspended sentences in Vietnam

According to Article 3 of Circular 64/2019/TT-BCA, people serving sentences (including those receiving suspended sentences) can consider and change their place of residence if the following requirements are met:

- Ensure requirements according to the law on residence.

- There is a legitimate reason to change the place of residence in one of the following cases:

+ Currently living with family, but the family moves to another place;

+ Move to a place of residence with your spouse after marriage; move to another place of residence after divorce;

+ Move to a place of residence with your father, mother, grandparents, and children to fulfill care and nurturing obligations in cases where father, mother, grandfather, grandmother, or child are seriously ill and have no one else to care for or raise them, or are old and weak with no one to rely on;

+ Move to another place of residence to ensure work and study;

+ No longer have a place to live due to clearance, natural disasters, fires, or enemy sabotage;

+ Forced to sell the house to overcome consequences or ensure life;

+ For epidemic reasons or to ensure national defense and security requirements;

+ Other cases are decided by the Criminal Judgment Execution Management Agency under the Ministry of Public Security.

- The place of residence you move to must have a specific, clear, and long-term stable address.

- The decision to change the place of residence of the person serving the sentence must ensure that it does not affect security and order; ensure the requirements of management, supervision, education of people serving sentences, and the stabilization of life and integration into the community of people serving sentences.

2. Procedures for receiving and processing applications to change the place of residence of a person receiving a suspended sentence in Vietnam

According to Article 4 of Circular 64/2019/TT-BCA, receiving and processing applications to change the place of residence of people serving sentences (including people receiving suspended sentences) are as follows:

- The commune-level police where the person is managing, supervising, and educating the person serving the sentence (place of departure), guides the person serving the sentence to write an application to change their place of residence and submit it to the commune-level police. The application for a change of residence must clearly state the reason for change of residence.

- Within 03 working days from the date of receiving the application to change the place of residence of the sentenced person, the commune-level police of the locality consult with the commune-level People's Committee and report to the criminal judgment enforcement agency of the district-level police in case the person serving the sentence requests to change the place of residence, attach the application to change the place of residence of the person serving the sentence.

- Within 03 working days from the date of receiving the report from the commune-level People's Committee of the place of departure, the criminal judgment execution agency of the district-level police of the place of departure shall:

+ Conduct verification and consider resolution in case of request to change residence within the district administrative unit;

+ Report to the criminal judgment enforcement agency of the Provincial Police in case of applying to change the place of residence outside the district administrative unit within the same provincial administrative unit.

+ Report to the Criminal Judgment Execution Management Agency under the Ministry of Public Security in case of requesting a change of residence outside the provincial administrative unit.

- Based on the verification results or opinions of the criminal judgment execution agency of the Provincial Police, the Criminal Judgment Execution Management Agency under the Ministry of Public Security, the criminal judgment execution agency of the district-level police department makes the decision to resolve the case of the person serving the sentence requesting to change his/her place of residence and sends that decision to the person serving the sentence and the commune-level People's Committee of the place of departure.

The decision on the resolution of a sentenced person's request to change his/her place of residence must clearly state whether or not he/she agrees to allow the sentenced person to change his/her place of residence; In cases of disagreement, the reason must be clearly stated.

- Police units and localities are responsible for coordinating with the Criminal Judgment Execution Management Agency under the Ministry of Public Security and criminal judgment execution agencies of the Police at all levels in verifying information to serve the decision to change the place of residence of the person serving the sentence.

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