Competence to settle complaints in criminal judgment execution in Vietnam

Competence to settle complaints in criminal judgment execution in Vietnam (Internet image) 

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

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

Competence to settle complaints in criminal judgment execution according to Article 178 of the Law on Execution of Criminal Judgment 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 Judgment 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 Judgment 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 Judgment 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 Judgment 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.

2. Right to lodge complaints in criminal judgment execution in Vietnam

Right to lodge complaints in criminal judgment execution according to Article 176 of the Law on Execution of Criminal Judgment 2019 is as follows:

- Criminally sentenced persons and sentenced corporate legal entities, and other related agencies, organizations and individuals (hereinafter referred to as complainants) may lodge complaints about decisions or acts of agencies and persons competent to execute criminal judgments if they have grounds to believe that these decisions or acts are unlawful and infringe upon their lawful rights and interests. The complaint of a sentenced corporate legal entity shall be lodged by the legal representative of the corporate legal entity.

- The prescriptive period for lodging first-lime complaint is 30 days after receiving or becoming aware of a decision or an act of criminal judgment execution which the complainant considers unlawful. For subsequent complaints, the applicable prescriptive period is 15 days after receiving a complaint settlement decision of a competent person.

In case a person is unable to lodge his/her complaint within the prescriptive period due to force majeure events or objective hindrance, the period during which such impediment exists shall be excluded from the prescriptive period for lodging complaint.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE