Procedures for exemption from serving the remainder of mandatory supervision in Vietnam

Procedures for exemption from serving the remainder of mandatory supervision in Vietnam (Internet image)

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

1. Procedures for exemption from serving the remainder of mandatory supervision in Vietnam

Procedures for exemption from serving the remainder of mandatory supervision in Vietnam according to Article 117 of the Law on Execution of Criminal Judgments 2019 are as follows:

- At the request of the commune-level People's Committee of place of mandatory supervision as such person has met all conditions prescribed in Clause 6 Article 62 of the Criminal Code 2015, the criminal judgment execution agency of the district-level police office shall compile a dossier to request the court at the same level to consider exemption from serving the remainder of the mandatory supervision, and send a copy of dossier to the same-level procuracy. Such a dossier comprises:

+ A copy of the legally effective court judgment or decision; a copy of the judgment execution decision;

+ The written request of the commune-level People's Committee of the place of mandatory supervision;

+ The written request of the criminal judgment execution agency of the district-level police office;

+ A petition of the person subject to the mandatory supervision for exemption from serving the sentence;

+ Other relevant documents.

- Within 15 days after receiving a dossier prescribed in Clause 1 of Article 117 of the Law on Execution of Criminal Judgments 2019, the chief judge shall establish a council and hold a meeting to consider the request for exemption from the remainder of the mandatory supervision. 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 exempt the remainder of mandatory supervision, the court shall send this decision to the sentenced person concerned, the same-level procuracy, the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision and the People’s Committee of commune of place of mandatory supervision or Department of Justice of province where the court which issued the decision is based.

2. Procedures for execution of mandatory supervision in Vietnam

Procedures for execution of mandatory supervision in Vietnam according to Article 112 of the Law on Execution of Criminal Judgments 2019 are as follows:

- Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of mandatory supervision, the superintendent of the prison shall notify such in writing as prescribed in Clause 1 Article 46 of the Law on Execution of Criminal Judgments 2019 to the criminal judgment execution agency of the district-level police office and the commune-level People's Committee of the place in which the inmate comes to reside for serving the mandatory supervision.

- After an inmate subject to the additional penalty of mandatory supervision completely serves the prison sentence, the prison shall hand over the person subject to mandatory supervision together with copies of the judgment and judgment execution decision, the certificate of complete serving of the prison sentence, written assessment of results of the serving of the prison sentence and related documents to the criminal judgment execution agency of the district-level police office at the office of the commune-level People's Committee of the place in which such person will come to reside.

The criminal judgment execution agency of the district-level police office shall immediately hand over such person to the commune-level People's Committee for supervision and education.

- Within 5 working days after receiving the sentenced person, the criminal judgment execution agency of the district-level police office shall compile and deliver a mandatory supervision execution dossier to the commune-level People's Committee. Such a dossier comprises:

+ A copy of the legally effective court judgment;

+ A copy of the decision to execute the prison sentence;

+ The certificate of complete serving of the prison sentence;

+ A minutes on the handover of the person subject to mandatory supervision;

+ Documents on the process of the serving of the prison sentence and other related documents.

- Within 7 days after receiving the required documents prescribed in Clause 3 of Article 112 of the Law on Execution of Criminal Judgments 2019, the People’s Committee of commune where the sentenced person resides shall summon the sentenced person and require him/her to make a commitment to serve the sentence and prepare a dossier of supervision and education of such sentenced person. Such a dossier comprises:

+ Documents prescribed in Clause 3 of Article 112 of the Law on Execution of Criminal Judgments 2019;

+ Commitment of the person subject to mandatory supervision;

+ Remarks of sentenced person’s performance of mandatory supervision;

+ A report on violation of the sentenced person (if any);

+ A decision on penalty for administrative violation against the sentenced person (if any);

+ A court decision on exemption from serving the remainder of the prohibition from residence sentence (if any);

+ Other relevant documents.

- Three days before the expiration of the mandatory supervision term or within three days after receiving a decision on exemption from serving the remainder of the mandatory supervision, the commune-level People's Committee shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office for granting a certificate of complete serving of the mandatory supervision.

Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-granting criminal judgment execution agency is based.

- If the sentenced person dies, the People’s Committee of commune where the sentenced person resides shall report the criminal judgment execution agency of district-level police office to notify the court which issued the judgment execution decision.

Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the criminal judgment execution agency of district-level police office, the same-level procuracy, the People’s Committee of commune where the sentenced person resides, and Department of Justice of province where the court which issued the decision is based.

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