Procedures for handling of cases of deceased inmates in Vietnam

Procedures for handling of cases of deceased inmates in Vietnam (Internet image)

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

1. Procedures for handling of cases of deceased inmates in Vietnam 

Procedures for handling of cases of deceased inmates in Vietnam according to Article 56 of the Law on Execution of Criminal Judgments 2019 are as follows:

- When an inmate dies in the prison, detention center or criminal judgment execution agency of the district-level police office or a state-owned health facility, such agency or facility shall promptly notify the case to the district-level investigation agency and people's procuracy of the place or the military investigation agency and procuracy of the military zone in which the inmate dies for identifying the cause of his/her death.

The prison, detention center or criminal judgment execution agency of the district-level police office shall apply for death registration to the People’s Committee of commune where the inmate dies and notify the relatives or lawful representative of the deceased inmate before conducting the burial.

For an inmate who dies in a health facility, such health facility shall make a death notice and send it to the prison, detention center or criminal judgment execution agency of the district-level police office.

When a foreign inmate dies, the superintendent of his/her prison shall promptly notify such to the provincial-level investigation agency and people's procuracy of the place or the military investigation agency and procuracy of the military zone in which the inmate dies for identifying the cause of his/her death, and concurrently to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense, or Ministry of Foreign Affairs for notification to the representative mission of the country of which the deceased is a citizen. After obtaining permission of a competent agency, the prison shall conduct a burial for the foreign inmate.

- After obtaining permission of a competent agency to conduct the burial for the deceased inmate, the prison, detention center or criminal judgment execution agency of the district-level police office shall notify the relatives or representatives of the inmate.

In case the relative or lawful representative of the deceased inmate makes a petition for receiving the corpse of the deceased, the prison, detention center or criminal judgment execution agency of the district-level police office shall accept such petition, unless there is a ground to believe that such would affect security, order and environmental sanitation.

Within 24 hours after sending the notice, if the relatives or representatives of the inmate fails to receive his/her corpse, the prison, detention center or criminal judgment execution agency of the district-level police office shall conduct the burial and notify it to the court which has issued the judgment execution decision.

Within 3 working days after receiving the notice, the court which has issued the judgment execution decision shall issue a decision to terminate the serving of prison sentence and send it to a relative of the deceased and the prison, detention center or criminal judgment execution agency of the district-level police office in which the inmate died, the provincial-level Justice Department of the place in which the court which has issued the termination decision is based.

The commune-level People's Committee of the place in which the inmate died shall cooperate with the prison, detention center or criminal judgment execution agency of the district-level police office in conducting the burial and managing his/her grave. Burial expenses shall be covered by the State.

When a foreign inmate dies, within 48 hours after sending the notice, if the representative body of the country in which such inmate is a citizen refuses to receive the corpse, the prison shall conduct the burial.

- In case the relative or lawful representative of the deceased inmate makes a petition for receiving the corpse or mortal remains of the deceased and bear all related costs, the prison, detention center or criminal judgment execution agency of the district-level police office may consider accepting such petition, unless there is a ground to believe that such would affect security, order and environmental sanitation.

The receipt of the mortal remains shall be considered and decided after three years from the date of burial. For a foreign inmate, the receipt of his/her corpse or mortal remains shall be considered and decided by the criminal judgment execution management agency.

2. Regulations on handling of cases of escaped inmates in Vietnam

Regulations on handling of cases of escaped inmates in Vietnam under Article 42 of the Law on Execution of Criminal Judgments 2019 are as follows:

- When an inmate escapes, the prison or detention camp, the criminal judgment execution agency of the provincial-level police department or district-level police office or the criminal judgment execution agency of the military zone shall promptly organize pursuit for such inmate and report the criminal judgment execution management agency and notify the competent people’s procuracy.

Within 24 hours from the time of detecting that an inmate has escaped, if the pursuit is still in vain, the superintendent of the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense, the head of the criminal judgment execution agency of the provincial-level police department or military zone shall release a wanted notice and organize the pursuit.

Every case of escape must be recorded in a report and subject to deterrent measures, investigation and handling under the criminal procedure law.

- When an escaped inmate turns himself/herself in, the agency receiving him/her shall make a report and handle him/her according to its competence or deliver him/her to the nearest criminal judgment execution agency for handling under law.

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