Procedures for reduction of the duration of serving community sentences in Vietnam

Procedures for reduction of the duration of serving community sentences in Vietnam (Internet image) 

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

1. Procedures for reduction of the duration of serving community sentences in Vietnam

Procedures for reduction of the duration of serving community sentences in Vietnam according to Article 103 of the Law on Execution of Criminal Judgments 2019 are as follows:

- The People’s Committee of commune or the military unit in charge of a sentenced person shall verify if he/she meets all conditions for reduction of the duration of serving sentence as prescribed. If so, the People’s Committee of commune or the military unit in charge shall send a request for reduction of the duration of serving sentence enclosed with relevant documents to the criminal judgment execution agency of district-level police office or of military zone for consideration.

- Within 7 days after receiving such a request, the criminal judgment execution agency of district-level police office shall send its request for reduction of the duration of serving sentence of eligible persons enclosed with relevant documents to the same-level court and procuracy. If such sentenced person is not eligible for reduction of the duration of serving sentence, the criminal judgment execution agency of district-level police office shall notify the People’s Committee of commune in charge in writing.

Within 7 days after receiving such a request, the criminal judgment execution agency of military zone shall send its request for reduction of the duration of serving sentence of eligible person enclosed with relevant documents to the regional military court and procuracy. If such sentenced person is not eligible for reduction of the duration of serving sentence, the criminal judgment execution agency of military zone shall notify the military unit in charge in writing.

- A request dossier for reduction of the duration of serving sentence shall include:

+ A request for reduction of the duration of serving sentence made by the sentenced person;

+ A copy of the judgment. In case of consideration of the second-time reduction of the duration of serving sentence, a copy of judgment execution decision is required instead;

+ The request for reduction of the duration of serving sentence made by the People’s Committee of commune or the military unit in charge of the sentenced person;

+ The commendation decision or certificate of merit issued by a competent agency, for those who have received commendation or made a great merit; or certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease; document proving that they have fulfilled a part of civil liability;

+ A copy of the decision on reduction of the duration of serving sentence if the sentenced person is so granted;

+ Other relevant documents.

- Within 07 days after receiving a request dossier for reduction of the duration of serving the prison sentence, the chief judge of people's court of district or the chief Judge of military court of the military zone in which the sentenced person resides or work shall establish a council and hold a meeting to consider the request for reduction of the duration of serving community 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 wholly, partially accept or not accept the reduction of duration of serving the sentence, the court shall send this decision to the sentenced person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based.

2. Regulations on work and learning of persons serving community sentences in Vietnam

Regulations on work and learning of persons serving community sentences in Vietnam according to Article 101 of the Law on Execution of Criminal Judgments 2019 are as follows:

- If a sentenced person who is an official, public employee, commissioned officer, professional soldier, non­commissioned officer, soldier, defense worker, public security worker or another employee, is allowed to continue working at that workplace, he/she shall be given a job which meets supervision and education requirements, receive a pay and other benefits suitable to the job he/she performs, and this working duration shall be included in his/her working or service time under law.

- If a sentenced person is admitted to study in a compulsory education institution or vocational education institution, he/she may benefit policies of such institution.

- A sentenced person not falling under any case prescribed in Clause 1 and Clause 2 of Article 101 of the Law on Execution of Criminal Judgments 2019 may be enabled to find a job by the People’s Committee of commune in charge.

- A sentenced person who is entitled to incentives for persons with meritorious services to the revolution or on social insurance scheme may keep benefiting those policies as per the law.

- A sentenced person who has no employment or losses a job during his/her serving time is required to perform certain community services.

Within 3 working days from the date on which the sentenced person is determined as unemployed or losing his/her job, the commune-level police office shall report the same-level People’s Committee in writing; within 3 working days after receiving the report, the People’s Committee of commune shall report the criminal judgment execution agency of district-level police office.

Within 3 working days after receiving the report of the People’s Committee of commune, the criminal judgment execution agency of district-level police office shall consider forcing the sentenced person to perform certain community services.

The report of the People’s Committee of commune and decision of the criminal judgment execution agency of district-level police office shall specify the type of service(s) and estimated performance duration that the sentenced person is bound by.

Based on the decision to force the sentenced person to perform certain community services, the People’s Committee of commune shall assign the sentenced person certain community services under the supervision of the commune-level police office.

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