Guidance on organizing the implementation of decisions on admission of persons serving prison sentences in Vietnam

Guidance on organizing the implementation of decisions on admission of persons serving prison sentences in Vietnam (Internet image)

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

1. Guidance on organizing the implementation of decisions on admission of persons serving prison sentences in Vietnam

The organization of the implementation of the Decision on admission of persons serving prison sentences under Article 30 of Decree 133/2020/ND-CP is as follows:

- Within 05 working days from the date of receipt of the decision to execute the decision on receipt and transfer of the person serving an overseas prison sentence back to Vietnam in order to serve the prison sentence of the Court, the focal agency of the Ministry of Public Security on the transfer of persons currently serving a prison sentence shall send a document to the competent agency of the transferring country to agree on the time, place, and method of receiving and transferring the person currently serving a prison sentence (enclosed with the judgment execution dossier) abroad to Vietnam to serve the sentence.

In case the competent agency of the transferring country makes a written request for the issuance of entry and exit documents to a person serving an overseas prison sentence to return to Vietnam, the Ministry of Foreign Affairs is responsible for directing a competent Vietnamese diplomatic mission to issue a passport to that person.

- Organizing the reception and escort of persons transferred to detention facilities and completing procedures for the execution of prison sentences in Vietnam.

+ The Ministry of Public Security organizes a delegation to receive and transfer people currently serving prison sentences, consisting of: the representative of the focal agency of the Ministry of Public Security on the transfer of persons currently serving prison sentences is the head of the delegation; the representative of the criminal judgment execution management agency under the Ministry of Public Security; and the representative of the criminal judgment execution agency of the provincial-level police office where the court issued the decision to receive and transfer the person serving an overseas prison sentence to Vietnam to serve the sentence.

Representative of the immigration management agency under the Ministry of Public Security; representative of the Vietnamese representative mission abroad in case the place of reception is outside the Vietnamese territory; Police legal aid; medical staff; interpreters; and other relevant individuals carry out the receiving procedures;

+ The reception must comply with the order and procedures as prescribed by law and diplomatic principles, in accordance with international practices, and ensure absolute safety; check and receive the correct person named in the Court's decision on receipt and transfer, enclosed with the prison sentence execution dossier and papers, objects, personal belongings, money, property (if any) of the transferee and conduct a physical examination of the transferee.

The receipt must be made in writing, including 03 copies in Vietnamese, 03 copies in English and 03 copies in the language of the transferring country; signed by the representative of the competent agency of the transferring country and the representative of the agency mentioned at point a, clause 2, Article 30 of Decree 133/2020/ND-CP;

+ After receiving the transfer, the criminal judgment execution agency of the provincial-level police office where the court has issued the decision to execute the transfer decision shall have to organize the escort of the person who has just been received accompanied by the application for the execution of the prison sentence and papers, objects, personal belongings, money, and property (if any) of that person to the detention camp under the management of his local police to complete the judgment execution dossier, make a list, and report it to the Criminal Judgment Execution Management Agency of the Ministry of Public Security to issue a decision to send the person to prison to serve the sentence.

Within 05 working days from the date of receipt of the written report from the criminal judgment execution agency of the provincial-level police department, the criminal judgment execution management agency of the Ministry of Public Security must issue a decision to send the person to prison to serve the sentence;

+ For dossier of sending a person serving a prison sentence from abroad to Vietnam to a prison serving sentence under a decision of the criminal judgment execution management agency of the Ministry of Public Security, there must be a decision on receipt and transfer of the person currently serving an overseas prison sentence to Vietnam serving the legally effective sentence, a decision to execute the court's decision on receipt of the transfer, and sufficient documents as prescribed in Article 26 of the Law on Execution of Criminal Judgments 2019.

Documents on the execution of foreign imprisonment sentences included in the dossiers for sending the sentenced person to prison to serve his sentence must be accompanied by a Vietnamese translation and certified by a competent Vietnamese agency. .

2. Responsibilities of the inmate's family in Vietnam

The responsibilities of the inmate's family under Article 26 of Decree 133/2020/ND-CP are as follows:

- Inmates' families and relatives are responsible for coordinating with inmates' detention facilities to promptly educate, encourage, and assist inmates in solving difficulties and problems in serving prison sentences; create conditions for inmates to feel secure in their thoughts; strive to correct their mistakes; and improve their progress;

Helping fulfill civil liabilities caused by criminal acts of their relatives; coordinate in disease prevention and control, care, and treatment when prisoners are sick, and treat diseases; receiving and managing inmates who are temporarily suspended from serving prison sentences and sent home for medical treatment.

- Being present at the inmate detention facility at the request of the head of the inmate detention facility to exchange and coordinate in education and preparation for the inmate's reintegration into the community; promptly notified the inmate detention facility of information affecting the inmate's sentence execution; inmates' violations of internal regulations; do not assist or cover up to bring prohibited objects into the place where the prison sentence is to be served.

- Not taking advantage of visits to bring people who are not relatives to meet inmates; enticing or gathering large numbers of people to places where prison sentences are served, affecting the security and safety of inmates' detention facilities.

- The State encourages the inmate's family to provide material support for the education and re-education of inmates, including textbooks, documents, school supplies, books, newspapers, equipment for watching television and listening to the radio, equipment for physical training, sports, culture, art, and entertainment, in service of improving the material and spiritual lives of inmates.

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