Procedures for postponement of the serving of a prison sentence in Vietnam 2023

Procedures for postponement of the serving of a prison sentence in Vietnam 2023 (Internet image) 

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

1. Procedures for postponement of the serving of a prison sentence in Vietnam 2023

Procedures for postponement of the serving of a prison sentence in Vietnam under Article 24 of the Law on Execution of Criminal Judgments 2019 are as follows:

- For a person sentenced to prison who is on bail, the chief judge of the court which has issued the judgment execution decision may himself/herself or at the written request of the sentenced person or the written request of the same-level procuracy:

The criminal judgment execution agency of the district-level police office of the place in which such person resides or the criminal judgment execution agency of the military zone in which such person works or resides, issue a decision to postpone the serving of the sentence.

Such written requests must be addressed to the court which has issued the judgment execution decision and enclosed with related papers.

- Within 7 days after receiving a written request for postponement of the serving of a prison sentence, the chief judge of the court which has issued the judgment execution decision shall consider it and make a decision. In case of non-approval for the request, the chief judge of the court shall give a written reply to the entity that made the request and a notice to the same-level procuracy, providing explanation in writing.

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

+ The person whose sentence is postponed and his/her representative if such person is under 18 years of age;

+ The same-level procuracy;

+ The criminal judgment execution agency of district-level police office or of military zone where the person whose sentence is postponed resides or works;

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

+ Ministry of Foreign Affairs in a case where the person whose sentence is postponed is a foreigner.

2. Regulations on execution of decisions to postpone the serving of prison sentences in Vietnam

Regulations on the execution of decisions to postpone the serving of prison sentences in Vietnam under Article 25 of the Law on Execution of Criminal Judgments 2019 are as follows:

- Upon receiving a court decision to postpone the serving of the sentence, the criminal judgment execution agency of the district-level police office or the criminal judgment execution agency of the military zone shall stop carrying out procedures for sending the sentenced person to serve his/her sentence, send a copy of the decision to postpone the serving of the prison sentence to the People’s Committee of commune where the person whose sentence is postponed resides or the military unit which is authorized to control such person and establish dossier of execution of decision to postpone the serving of the prison sentence.

- Within 3 working days after receiving the decision to postpone the serving of the prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall summon the person whose sentence is postponed to the People’s Committee of commune where such person resides or the military unit which manages such person is based to give him/her the decision and require him/her to make a written commitment to strictly comply with law.

The person whose prison sentence is postponed must present himself/herself as indicated in the subpoenas, except for force majeure events or objective hindrance. If the person whose prison sentence is postponed fails to make such a commitment, the criminal judgment execution agency of district-level police office or of military zone shall make a report and notify the court which has issued the decision to postpone the serving of the prison sentence to take actions within their authority.

If the person whose sentence is postponed fails to be present upon the subpoenas, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with the People’s Committee of commune or military unit to conduct verification and requires the person to be present at the People’s Committee of commune or military unit to give the decision and require him/her to make a written commitment to strictly comply with law.

If person whose sentence is postponed cannot present himself/herself upon the subpoenas because he/she has received treatment at hospital or home due to his/her serious illness, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with the People’s Committee of commune, military unit and the concerned hospital or family in carrying out the procedures for notice and commitment to comply with law.

- Within 3 working days after receiving the copy of the decision to postpone the serving of the prison sentence, the People’s Committee of commune or military unit shall prepare the dossier of the person whose sentence is postponed.

The People’s Committee of commune or military unit in charge shall send monthly reports on management of the person whose sentence is postponed to the criminal judgment execution agency of district-level police office or of military zone.

The person whose sentence is postponed may not leave his/her place of residence during the postponement period without consent of the People’s Committee of commune or military unit in charge and must present himself/herself upon subpoenas of that People’s Committee of commune or military unit.

The change of place of residence or work of the person whose sentence is postponed shall conform to Article 68 of this Law.

If the person whose sentence is postponed has received treatment at a hospital located outside the place of residence due to his/her serious disease, the People’s Committee of commune or military unit in charge shall cooperate with his/her family to manage him/her.

- During the postponement period, if the person whose sentence is postponed commits a new crime, escapes or violates the law adversely affecting the security, social safety and order, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to request the competent chief judge to consider issuing a decision to cancel the decision to postpone the serving of the prison sentence.

Within 3 working days after issuing a decision to cancel the decision to postpone the serving of a prison sentence, the issuing court shall send the decision to the individuals and agencies prescribed in Clause 3 Article 24 of the Law on Execution of Criminal Judgments 2019. Immediately after obtaining the decision of the court, the criminal judgment execution agency of district-level police office or of military zone shall execute the judgment.

If the person whose sentence is postponed escapes, the criminal judgment execution agency of district-level police office or of military zone shall release a wanted notice and organize the pursuit.

- During the postponement period, if the person whose sentence is postponed dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to request the court which issued the decision to postpone the serving of the prison sentence to issue a decision to cancel the decision to postpone the serving of the prison sentence and carry out related procedures.

- At least 7 days before the expiration of the postponement duration of the serving of a prison sentence, the chief judge of the court which has decided to postpone the serving of the prison sentence shall make a written notice and send it to the sentenced person and the agency referred to in Clause 3, Article 23 of the Law on Execution of Criminal Judgments 2019.

After 7 days from the expiration of postponement duration of the serving of a prison sentence, if the person whose sentence is postponed fails to present him/herself at the criminal judgment execution agency of district-level police office or of military zone to serve the sentence, the head of the criminal judgment execution agency of district-level police office or of military zone shall issue a decision to escort the sentenced person for judgment execution except for force majeure events or objective hindrance.

- With regard to a person who has his/her sentence postponed due to his/her serious disease, if he/she still gives the health reason to avoid the serving of sentence despite his/her signs of recovery from disease or he/she shows signs of 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 where he/she resides or the criminal judgment execution agency of military zone which manages him/her shall seek health assessment from at least a provincial or military zone-level hospital or seek mental health assessment from a competent mental health assessment agency.

If the assessment report shows that the person whose sentence is postponed has made a recovery from disease, the criminal judgment execution agency of district-level police office or of military zone shall send that person to the place where he/she will serve the sentence and notify the court which has issued the decision to postpone the serving of the sentence.

If the assessment report shows that that person suffers 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 chief judge of court who has issued the judgment execution decision to issue a decision to cancel the decision to postpone the serving of the prison sentence and apply judicial measures of compulsory medical treatment.

The assessment costs shall be borne by the assessment agency.

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