Conditions for reduction of the duration of serving community sentences in Vietnam

Conditions for reduction of the duration of serving community sentences in Vietnam (Internet image)

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

1. Conditions for reduction of the duration of serving community sentences in Vietnam

Conditions for reduction of the duration of serving community sentences in Vietnam under Article 102 of the Law on Execution of Criminal Judgments 2019 are as follows:

- The sentenced person may be granted the reduction of the duration of serving sentence by the People’s Court of district or regional military court when he/she:

+ has served one third of the serving time; or one fourth of the serving time in case of a minor;

+ has strictly complied with laws and regulations and probation conditions prescribed in Article 99 of the Law on Execution of Criminal Judgments 2019; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authorities;

+ has paid partial civil damages if he/she incurs civil liability.

- The sentenced person shall be considered for reduction of the duration of serving prison sentence once a year, with 3 to 9 months for each reduction.

- The sentenced person may be granted reduction of the duration of serving prison sentence multiple times provided that he/she has served a half of the sentence in fact, or two-fifths of the sentence in case of a minor.

- A sentenced person who has made merits, is a decrepit old person or has suffered a fatal disease and has served one-fourth of the sentence may be considered for reduction of the duration of serving sentence, with up to 1 year for each reduction provided that he/she has served two-fifths of the sentence.

- A sentenced person who is a minor and has made merits or has suffered a fatal disease may be considered for reduction of the duration of serving sentence immediately. If he/she has already served two-fifths of the sentence, the remainder of the sentence may be eliminated.

2. Procedures for reduction of the duration of serving community sentences

Procedures for reduction of the duration of serving community sentences in Vietnam under Article 103 of the Law on Execution of Criminal Judgments 2019 are as follows:

- The People’s Committee of commune or the military unit in charge of a sentenced person shall verify if he/she meets all conditions for reduction of the duration of serving sentence as prescribed.

If so, the People’s Committee of commune or the military unit in charge shall send a request for reduction of the duration of serving sentence enclosed with relevant documents to the criminal judgment execution agency of district-level police office or of military zone for consideration.

- Within 7 days after receiving such a request, the criminal judgment execution agency of district-level police office shall send its request for reduction of the duration of serving sentence of eligible persons enclosed with relevant documents to the same-level court and procuracy.

If such sentenced person is not eligible for reduction of the duration of serving sentence, the criminal judgment execution agency of district-level police office shall notify the People’s Committee of commune in charge in writing.

Within 7 days after receiving such a request, the criminal judgment execution agency of military zone shall send its request for reduction of the duration of serving sentence of eligible person enclosed with relevant documents to the regional military court and procuracy.

If such sentenced person is not eligible for reduction of the duration of serving sentence, the criminal judgment execution agency of military zone shall notify the military unit in charge in writing.

- A request dossier for reduction of the duration of serving sentence shall include:

+ A request for reduction of the duration of serving sentence made by the sentenced person;

+ A copy of the judgment. In case of consideration of the second-time reduction of the duration of serving sentence, a copy of judgment execution decision is required instead;

+ The request for reduction of the duration of serving sentence made by the People’s Committee of commune or the military unit in charge of the sentenced person;

+ The commendation decision or certificate of merit issued by a competent agency, for those who have received commendation or made a great merit; or certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease; document proving that they have fulfilled a part of civil liability;

+ A copy of the decision on reduction of the duration of serving sentence if the sentenced person is so granted;

+ Other relevant documents.

- Within 07 days after receiving a request dossier for reduction of the duration of serving the prison sentence, the chief judge of people's court of district or the chief Judge of military court of the military zone in which the sentenced person resides or work shall establish a council and hold a meeting to consider the request for reduction of the duration of serving community sentence.

The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

- Within 3 working days after issuing a decision to wholly, partially accept or not accept the reduction of duration of serving the sentence, the court shall send this decision to the sentenced person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based.

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