Conditions for consideration for a reduction in the term of imprisonment in Vietnam

Conditions for consideration for a reduction in the term of imprisonment in Vietnam (Internet image) 

Regarding this issue, LawNet provides the following explanation:

1. Conditions for consideration for a reduction in the term of imprisonment in Vietnam

According to Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC, the conditions for considering a reduction in the term of imprisonment are as follows:

- Inmates who meet the following conditions are eligible for a reduction in the term of imprisonment:

+ Have served at least one-third of the term for imprisonment of thirty years or less, or twelve years for life imprisonment.

+ Have shown significant progress in complying with the rules of correctional facilities, are actively engaged in education, labor reform, and have received at least a "good" rating for their compliance with the term of imprisonment, specifically as follows:

++ Inmates sentenced to life imprisonment must have continuously maintained a "good" rating for at least four consecutive years at the time of the reduction. In the case of a death sentence being commuted to life imprisonment, the inmate must have continuously maintained a "good" rating for at least five consecutive years at the time of the reduction.

++ Inmates sentenced to imprisonment for twenty to thirty years must have continuously maintained a "good" rating for at least three years and six months at the time of the reduction.

++ Inmates sentenced to imprisonment for fifteen to twenty years must have continuously maintained a "good" rating for at least three years at the time of the reduction.

++ Inmates sentenced to imprisonment for ten to fifteen years must have continuously maintained a "good" rating for at least two consecutive years or eight consecutive quarters at the time of the reduction.

++ Inmates sentenced to imprisonment for five to ten years must have at least one year or four consecutive quarters at the time of the reduction with a "good" rating.

++ Inmates sentenced to imprisonment for three to five years must have at least six months or two consecutive quarters at the time of the reduction with a "good" rating.

++ Inmates sentenced to imprisonment for three years or less must have at least the most recent quarter with a "good" rating.

- Inmates may still be considered for a reduction in the term of imprisonment in special cases or if they committed the crime as a juvenile; even if they have not met the requirements stipulated in point b, clause 1 of Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC, which includes the first year with a "good" rating for consecutive time periods at the time of the reduction (for inmates sentenced to more than fifteen years imprisonment), the first six-month period with a "good" rating (for inmates sentenced to five to fifteen years imprisonment), the first quarter with a "good" rating (for inmates sentenced to three to five years imprisonment), or have not been rated for compliance with the term of imprisonment (for inmates sentenced to three years or less), but have spent time in temporary detention, pretrial detention, or correctional facilities and have been evaluated as strictly adhering to the rules of correctional facilities and meet other conditions, they may still be considered for a reduction in the term of imprisonment.

- Inmates who meet the conditions stipulated in point a, clause 1 of Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC, inmates in special cases or inmates who committed the crime as a juvenile and have a number of consecutive periods with a "good" rating equal to or greater than the requirements stipulated in point b, clause 1 or clause 2 of Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC, but not continuously, may still be considered for a reduction in the term of imprisonment if they have at least two consecutive six-month periods at the time of the request for reduction with a "good" rating (for inmates sentenced to more than ten years) or two consecutive quarters with a "good" rating (for inmates sentenced to ten years or less).

- Inmates with criminal records must have more probationary time and have a higher number of classification periods from "good" and above compared to Inmates without criminal records. Each criminal record corresponds to a probationary period of six months from "good" and above. For Inmates sentenced to less than 3 years, each criminal record corresponds to a probationary period of one quarter of "good" and above.

- Inmates who have had their prison sentences reduced must continuously be classified as "good" and above in order to continue to be considered for reduction, and the reduction must be requested at the correct time. If the conditions for reduction are not met at the correct time, the reduction can be considered and requested when there are four consecutive quarters of classification from "good" and above (including at least two consecutive quarters at the time of reduction consideration).

- Inmates who have had their prison sentences reduced due to violations of the regulations in prisons or detention centers must be recognized by the head of the prison, detention center, or the head of the district-level agency for the execution of criminal judgments as having made progress and have four consecutive quarters of classification from "good" and above (for Inmates who have been disciplined twice during the classification period or have received a warning) or five consecutive quarters (for Inmates who have been confined to disciplinary cells) in order to continue to be considered for reduction.

- Inmates who have had their prison sentences reduced but commit new, serious, very serious, or exceptionally serious crimes must serve at least two-thirds of the general punishment level or twenty years if sentenced to life imprisonment, and must meet the conditions specified in point b, clause 1, Article 6 of Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC in order to be considered for reduction.

- Individuals who are temporarily suspended from serving prison sentences or who are subject to compulsory medical treatment must retain the results of their prison sentence execution and have them counted continuously from the time they return to the prison, detention center, or district-level agency for the execution of criminal judgments in order to continue the sentence execution.

When these individuals return to the prison, detention center, or district-level agency for the execution of criminal judgments to continue serving their sentences, if they meet the conditions specified in the above provisions of Article 6 of Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC and strictly comply with the regulations during the temporary suspension or compulsory medical treatment period, and are confirmed by the local authorities where the individual is temporarily suspended from serving the sentence or the medical facility treating the individual subject to compulsory medical treatment, they can be considered and requested for reduction of the prison sentence execution period.

2. Principles for reducing the prison sentence execution period in Vietnam 

The principles for reducing the prison sentence execution period  in Vietnam according to Article 3 of Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC are as follows:

- Compliance with the provisions of the law; ensuring the humane, socialist, objective, fair, and encouraging nature of the prison sentence execution; and promoting the Inmates' progressive rehabilitation.

- Based on the results of the prison sentence execution classification, the nature and severity of the crime, the age, and other characteristics of the prisoner. First-time offenders, those who have made good progress in rehabilitation and have made contributions to redeeming their crimes, are considered, proposed, and decided upon for a higher reduction than other Inmates.

Inmates who have been sentenced to death and have their sentence commuted to life imprisonment, Inmates with multiple criminal records, bad personal characteristics, hooligans, gangsters, and repeat offenders must have a longer probationary period and must be strictly evaluated with a lower reduction compared to other Inmates.

- The provincial-level agency for the execution of criminal judgments, the regional-level agency for the execution of criminal judgments, the prison supervisor, and the detention center supervisor under the Ministry of Public Security and the Ministry of Defense are only allowed to propose reductions in the prison sentence execution period according to the approved list and reduction levels by the Appraisal Council of the provincial-level agency for the execution of criminal judgments, the regional-level agency for the execution of criminal judgments, and the head of the agency responsible for the management of the execution of criminal judgments under the Ministry of Public Security and the Ministry of Defense.

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