Procedures for execution of decisions to execute prison sentences in Vietnam

Procedures for execution of decisions to execute prison sentences in Vietnam (Internet image)

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

1. What is execution of prison sentence?

According to Clause 4, Article 3 of the Law on Execution of Criminal Judgments 2019, execution of prison sentence means that a competent authority or person defined in the Law on Execution of Criminal Judgments 2019 puts a person receiving a termed prison sentence or a life sentence under control, incarceration and education.

2. Regulations on the decisions to execute prison sentences in Vietnam

Regulations on the decisions to execute prison sentences under Article 22 of the Law on Execution of Criminal Judgments 2019 is as follows:

- A judgment execution decision must clearly indicate the full name and position of the decision maker; the judgment or decision to be executed; name of the agency responsible for executing the decision; full name, date of birth and place of residence of the convict; the duration of serving the prison sentence and the duration of serving additional penalty(ies).

In case the convict is on bail, the decision must clearly state that, within 7 days after receiving the decision, the convict must present himself/herself at the criminal judgment execution agency of the district-level police office of the place where he/she resides or the criminal judgment execution agency of the military zone where he/she works.

- Within 3 working days after issuing a decision to execute a prison sentence, the issuing court shall send the decision to the following individuals and agencies:

+ The sentenced person and his/her representative if the sentenced person is under 18 years of age;

+ The same-level procuracy;

+ The criminal judgment execution agency of the provincial-level police department or military zone;

+ The detention center where the sentenced person is held or the criminal judgment execution agency of the district-level police office in charge of the custody house where the sentenced person is held or the place of residence where the sentenced person is on bail;

+ The Department of Justice of the province where the issuing court is based;

+ Ministry of Foreign Affairs in a case where the sentenced person is a foreigner.

3. Procedures for execution of decisions to execute prison sentences in Vietnam

Procedures for execution of decisions to execute prison sentences in Vietnam under Article 23 of the Law on Execution of Criminal Judgments 2019 are as follows:

- In case the person sentenced to prison is currently in detention, within 3 working days after receiving the judgment execution decision, the detention center of the provincial-level police department or the criminal judgment execution agency of the district-level police office shall serve the judgment execution decision on such person and report it to the criminal judgment execution agency of the provincial-level police department.

Within 5 working days after receiving the report, the criminal judgment execution agency of the provincial-level police department shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment execution management agency of the Ministry of Public Security.

In case the person sentenced to prison is currently held in a detention center of the Ministry of Public Security, this detention center shall serve the judgment execution decision on such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of Public Security.

If the sentenced person is convicted of another criminal offense, the prison shall serve the new judgment execution decision on such person.

Within 5 working days after receiving the report of the criminal judgment execution agency of the provincial-level police department or detention center of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of Public Security shall issue a decision to send the sentenced person to serve the sentence.

- In case the person sentenced to prison is currently in detention center of military zone, within 3 working days after receiving the judgment execution decision, the prison shall serve the judgment execution decision on such person and report it to the criminal judgment execution management agency of military zone.

Within 5 working days after receiving the report, the criminal judgment execution agency of military zone shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment execution management agency of the Ministry of National Defense.

In case the person sentenced to prison is currently held in a detention center of the Ministry of National Defense, this detention center shall serve the judgment execution decision on such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of National Defense.

If the sentenced person is convicted of another criminal offense, the prison shall serve the new judgment execution decision on such person.

Within 5 working days after receiving the report of the criminal judgment execution agency of military zone or detention center of the Ministry of National Defense, the criminal judgment execution management agency of the Ministry of National Defense shall issue a decision to send the sentenced person to serve the sentence.

- Pending transfer to a place for serving his/her prison sentence, the sentenced person is eligible for the regime applicable to inmates.

- If the person sentenced to prison is on bail, within 7 days after receiving the judgment execution decision, he/she must present himself/herself at the head office of the criminal judgment execution agency of the district-level police office or military zone indicated in the decision.

If he/she fails to appear within the time limit, the criminal execution and judicial assistance police or judicial guards shall escort him/her to serve his/her sentence.

If the person sentenced to prison escapes while on bail, the criminal judgment execution agency of provincial-level police department or the criminal judgment execution agency of military zone shall release a wanted notice and organize the pursuit; if such person suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall seek mental health assessment;

If the assessment report certifies that such person suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall request the court which issued the judgment execution decision to issue a decision on application of judicial measure of compulsory medical treatment.

If a person sentenced to prison dies while on bail, the criminal judgment execution agency of district-level police office or of military zone shall request the court which issued the judgment execution decision to issue a decision to suspend judgment execution.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE