Cases of termination of managing individuals who have completed their prison sentences by the People's Public Security Force in Vietnam

Cases of termination of managing individuals who have completed their prison sentences by the People's Public Security Force in Vietnam
Trần Thanh Rin

What are the cases of termination of managing individuals who have completed their prison sentences by the People's Public Security Force in Vietnam? – Ha Tien (Ninh Thuan)

Cases of termination of managing individuals who have completed their prison sentences by the People's Public Security Force in Vietnam

Cases of termination of managing individuals who have completed their prison sentences by the People's Public Security force in Vietnam (Internet image)

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

Cases of termination of managing individuals who have completed their prison sentences by the People's Public Security force in Vietnam

Cases of termination of managing, supervising, educating and assisting individuals who have completed their prison sentences and have been pardoned by the People's Public Security force in Vietnam include:

- Individuals who have completed their prison sentences and have been pardoned have their criminal records erased (with a judicial record certificate, a decision to erase the criminal record, or a document confirming the erasure of the criminal record).

- Individuals who have completed their prison sentences and have been pardoned have changed their place of residence (with a notification document and the transfer of their file from the People's Committee at the commune level where they have completed their prison sentences to the People's Committee at the commune level where they will reside after being pardoned).

- Individuals who have completed their prison sentences and have been pardoned have settled abroad (with a document from the competent authority confirming that they have settled abroad).

- Individuals who have completed their prison sentences and have been pardoned are missing (with a court decision declaring them missing).

- Individuals who have completed their prison sentences and have been pardoned have passed away (with a death certificate or a record confirming their death; a court decision declaring their death).

- Individuals who have completed their prison sentences and have been pardoned commit new crimes, are sentenced to fixed-term imprisonment or life imprisonment, and have served their prison sentences in correctional facilities.

(Article 1 of Article 14 of Circular 10/2024/TT-BCA)

Dossier on management for individuals who have completed their prison sentences of the People's Public Security force

The management, supervision, education, and assistance files for individuals who have completed their prison sentences and have been pardoned are part of the specialized files that store documents reflecting the work of managing the reintegration of individuals into the community.

Each individual who has completed their prison sentence and has been pardoned shall have one file, including the following documents:

- Cover of the file for individuals who have completed their prison sentences and have been pardoned (Form HCD-01).

- Information form for the managing, supervising, educating and assisting individuals who have completed their prison sentences and have been pardoned (Form HCD-02).

- Certificate of completion of the prison sentence, pardon certificate (Forms PT70, PT72 issued together with Circular 12/2020/TT-BCA, which regulates forms and records on the work of implementing prison sentences, implementing judicial education measures at reformatory schools, and monitoring and managing individuals in residential facilities).

- Notification of the date the prisoner completed their prison sentence (Form PT71 issued together with Circular 12/2020/TT-BCA), notification of the pardon decision (if any).

- Minutes of the meeting with individuals who have completed their prison sentences and have been pardoned (Form HCD-05).

- Proposal report on the assignment of organizations and individuals to carry out the managing, supervising, educating and assisting individuals who have completed their prison sentences and have been pardoned (Form HCD-06).

- Decision on the assignment of organizations and individuals directly responsible for managing, supervising, educating, and assisting individuals who have completed their prison sentences and have been pardoned (Form HCD-07).

- Report on the results of the managing, supervising, educating and assisting individuals who have completed their prison sentences and have been pardoned (Form HCD-08).

- Proposal report on ending the implementation of managing, supervising, educating and assisting individuals who have completed their prison sentences and have been pardoned (Form HCD-10).

- Decision on ending the implementation of managing, supervising, educating and assisting individuals who have completed their prison sentences and have been pardoned (Form HCD-11).

- Judicial record certificate, decision to erase the criminal record from the court; other documents that determine whether the individual who has completed their prison sentence and has been pardoned has had their criminal record erased.

- Other relevant documents.

(Article 1 of Article 11 of Circular 10/2024/TT-BCA)

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