Procedures for exemption from the duration of serving community sentence in Vietnam

Procedures for exemption from the duration of serving community sentence in Vietnam (Internet image)

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

1. Procedures for exemption from the duration of serving community sentence in Vietnam

Procedures for exemption from the duration of serving community sentence in Vietnam under Article 104 of the Law on Execution of Criminal Judgments 2019 are as follows:

- The people’s procuracy of district-level police office or of military zone where the sentenced person resides or works shall, at their discretion or at the request of the criminal judgment execution agency of district-level police office or of military zone, send a request dossier to the same-level procuracy court for exemption from serving sentence. Such dossier includes:

+ A copy of the legally effective court judgment;

+ The written request of the chief procurator;

+ A request made by the criminal judgment execution agency if this agency makes such a request;

+ A request for exemption from serving sentence made by the sentenced person or his/her representative as per the law;

+ The commendation certificate of merit issued by a competent agency, for those who have made merits; certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease;

The certification of good observance of law or severely disadvantaged family circumstances issued by the competent agency, for those who have observed law well have severely disadvantaged family circumstances.

- Within 15 days after receiving a dossier prescribed in Clause 1 Article 104 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 serving 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 exempt the duration of serving the sentence, the court shall send this decision to the sentenced person concerned, 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 or military unit in charge or Department of Justice of province where the court which issued the decision is based.

2. Actions against violations committed by persons serving community sentences in Vietnam

Actions against violations committed by persons serving community sentences according to Article 105 of the Law on Execution of Criminal Judgments 2019 include:

- If the sentenced person deliberately violates the terms of community sentence as prescribed in Article 99 of the Law on Execution of Criminal Judgments 2019, the commune-level police office or military unit shall take a violation report.

If two violation reports have been taken but the sentenced person still violates the terms of community sentence, the commune-level police office shall request the People’s Committee of commune in charge to hold a formal criticism against him/her

If the sentenced person is supervised by a military unit, such military unit shall hold a formal criticism against him/her.

The formal criticism shall be recorded in writing and included in the supervision dossier and reported to the criminal judgment execution agency of district-level police office or of military zone.

- A sentenced person who was formally criticized but still intentionally violates the terms of community sentence as prescribed in Article 99 of the Law on Execution of Criminal Judgments 2019, he/she shall not be considered for reduction of the duration of serving sentence.

Depending on nature and severity of the violation, the People’s Committee of commune or the military unit in charge shall request the competent authority to impose an administrative penalty or bring criminal prosecution against him/her.

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