Competence and time limit for denunciation settlement in criminal judgment execution in Vietnam

Competence and time limit for denunciation settlement in criminal judgment execution in Vietnam (Internet image) 

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

1. Competence and time limit for denunciation settlement in criminal judgment execution in Vietnam

The competence and time limit for denunciation settlement in criminal judgment execution in Vietnam according to Article 192 of the Law on Execution of Criminal Judgments 2019 are as follows:

* The competence to settle denunciations is as follows:

- Denunciations about illegal acts in criminal judgment execution shall be settled by heads of agencies or organizations which manage denouncees;

- Presidents of commune-level People's Committees shall settle denunciations about illegal acts of commune-level police chiefs;

- District-level police chiefs shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of district-level police offices;

- Presidents of district-level People's Committees shall settle denunciations about illegal acts of presidents of commune-level People's Committees;

- Directors of provincial-level police departments shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of provincial-level police departments;

- Military zone commanders and holders of equivalent ranks shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of military zones;

- The Minister of Public Security and the Minister of National Defense shall settle denunciations about illegal acts of heads of criminal judgment execution management agencies.

- Directors of competent procuracies shall settle denunciations about illegal acts of persons assigned to manage and educate inmates.

* The time limit for settlement of a denunciation is 30 days after the date of its acceptance; regarding complicated cases, this time limit may be extended once but not exceeding 30 days; regarding extremely complicated cases, this time limit may be extended twice but not exceeding 30 days each.

* Denunciations about illegal acts showing signs of crime shall be settled under the Criminal Procedure Code 2015.

2. Responsibilities of persons competent to settle denunciations in Vietnam

Responsibilities of persons competent to settle denunciations in Vietnam according to Article 193 of the Law on Execution of Criminal Judgments 2019 is as follows:

- Competent agencies and persons shall, within the ambit of their tasks and powers, receive and settle denunciations in a prompt and lawful manner; strictly handle violators; take necessary measures to prevent damage; and assure that their settlement decisions are strictly executed and take legal responsibility for their decisions.

- Persons competent to settle denunciations who fail to settle denunciations or lack responsibility in settling denunciations or unlawfully settle denunciations shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations under law.

3. Competence to settle complaints in criminal judgment execution in Vietnam

Competence to settle complaints in criminal judgment execution in Vietnam according to Article 178 of the Law on Execution of Criminal Judgments 2019 is as follows:

- Chairpersons of commune-level People's Committees shall settle complaints about unlawful decisions or acts of agencies, organizations and individuals assigned to supervise and educate persons serving criminal sentences in their communes, wards or townships.

- Heads of criminal judgment execution agencies of district-level police offices shall settle complaints about:

+ Unlawful decisions or acts of deputy heads, officers, non-commissioned officers and soldiers under management of the criminal judgment execution agency of district-level police office, except the case specified in Clause 8 of Article 178 of the Law on Execution of Criminal Judgments 2019;

+ Unlawful decisions or acts of chairpersons of commune-level People's Committees, the People’s Committees of communes which are assigned by the courts to supervise and educate sentenced persons;

+ Complaint settlement decisions of chairpersons of commune-level People's Committees assigned to supervise and educate sentenced persons.

- District-level police chiefs shall settle complaints about:

+ Unlawful decisions or acts of heads of criminal judgment execution agencies of district-level police offices;

+ Complaint settlement decisions of heads of criminal judgment execution agencies of district-level police offices.

- Heads of criminal judgment execution agencies of provincial-level police departments shall settle complaints about:

+ Unlawful decisions or acts of deputy heads, officers, non-commissioned officers and soldiers under management of the criminal judgment execution agency of provincial-level police department, except the case specified in Clause 8 of Article 178 of the Law on Execution of Criminal Judgments 2019;

+ Unlawful decisions or acts of competent agencies and individuals in criminal judgment execution against corporate legal entities.

- Directors of provincial-level police departments shall settle complaints about:

+ Unlawful decisions or acts of heads of criminal judgment execution agencies of provincial-level police departments;

+ Complaint settlement decisions of heads of criminal judgment execution agencies of provincial-level police departments and district-level police chiefs.

- The head of the criminal judgment execution management agency of the Ministry of Public Security shall settle complaints about unlawful decisions or acts of officers, non­commissioned officers and soldiers under his/her agency's management, except the case specified in Clause 8 of Article 178 of the Law on Execution of Criminal Judgments 2019.

- The Minister of Public Security shall settle complaints about the following decisions and acts, except the case specified in Clause 8 of Article 178 of the Law on Execution of Criminal Judgments 2019:

+ Unlawful decisions or acts of the head of the criminal judgment execution management agency of the Ministry of Public Security;

+ Complaint settlement decisions of directors of provincial-level police departments and the head of the criminal judgment execution management agency of the Ministry of Public Security.

- Chief procurators of provincial-level, military zone-level and district-level procuracies shall settle complaints about unlawful decisions or acts of persons assigned to supervise and educate inmates in performing their assigned tasks.

The chief procurator of provincial-level procuracy shall settle complaints against complaint settlement decisions of the chief procurators of district-level procuracies. The chief procurator of the Supreme People’s Procuracy, the chief procurator of the Central Military Procuracy shall settle complaints against complaint settlement decisions of the chief procurators of provincial-level people’s procuracy and military-zone military procuracy. Complaint settlement decisions of chief procurator of higher-level procuracies are legally effective for execution.

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