Supervision dossiers of parolees in Vietnam

Supervision dossiers of parolees in Vietnam​​ (Image from the Internet)

1. Supervision dossiers of parolees in Vietnam

According to Article 60 of the Law on Execution of Criminal Judgments 2019, the supervision dossiers of paroleesin Vietnam are as follows:

- The file management of parolees​ is established by the criminal judgment execution agency of the district police, the criminal judgment execution agency of the military zone level, and includes:

+ Copy of the legally effective judgment, decision of the Court; the execution decision;

+ Decision to release from prison before term conditionally;

+ Certificate of release from prison before term conditionally;

+ Comments on the process of serving the prison sentence of the person released from prison before term conditionally;

+ Commitment of the person released from prison before term conditionally;

+ Information sheet of the person released from prison before term conditionally;

+ Other relevant documents.

- The People's Committee of the commune, the military unit assigned to manage the person released from prison before term conditionally is responsible for receiving and supplementing the management file with the following documents:

+ Comments of the People's Committee of the commune, the military unit assigned to manage the person released from prison before term conditionally;

+ Report of the person released from prison before term conditionally on the performance of obligations;

+ In case the person released from prison before term conditionally is reviewed according to the provisions of Article 66 of the Law on Execution of Criminal Judgments 2019, there must be a review report, meeting minutes and related documents;

+ In case the person released from prison before term conditionally is given a shortened probation period, there must be a Court decision;

+ Other relevant documents.

- Fifteen days before the end of the probation period, the People's Committee of the commune, the military unit assigned to manage the person released from prison before term conditionally must hand over the management file to the criminal judgment execution agency of the district police, the criminal judgment execution agency of the military zone level in order to issue a certificate of completion of the prison sentence at the end of the probation period. The handover of the file is documented and stored in the prisoner's file.

2. Procedures for shortening probation period imposed on parolees in Vietnam

The procedures for shortening probation period imposed on parolees in Vietnam according to Article 65 of the Law on Execution of Criminal Judgments 2019 is as follows:

- The People's Committee of the commune, the military unit assigned to manage the person released from prison before term conditionally is responsible for reviewing those who meet the conditions as prescribed by the Criminal Code 2015, preparing the dossier and submitting a written request for shortening the probation period to the criminal judgment execution agency of the district police, the criminal judgment execution agency of the military zone level.

- Within 07 days from the date of receiving the dossier and the written request of the People's Committee of the commune assigned to manage the person released from prison before term conditionally, the criminal judgment execution agency of the district police shall consider, submit a written request for shortening the probation period for those eligible, along with the dossier, to the criminal judgment execution agency of the provincial police.

Within 07 days from the date of receiving the dossier and the written request from the criminal judgment execution agency of the district police, the criminal judgment execution agency of the provincial police shall consider, submit a written request for shortening the probation period for the person released from prison before term conditionally to the People's Court at the same level for consideration and decision, and at the same time send it to the People's Procuracy at the same level.

- Within 07 days from the date of receiving the dossier and the written request of the military unit assigned to manage the person released from prison before term conditionally, the criminal judgment execution agency of the military zone level shall consider, submit a written request for shortening the probation period for those eligible to the military court of the military zone level for consideration and decision, and at the same time send it to the People's Procuracy at the same level.

- Within 07 days from the date of receiving the dossier and the written request from the criminal judgment execution agency of the provincial police, the criminal judgment execution agency of the military zone level, the Chief Justice of the People's Court of the provincial level, the Chief Justice of the military court of the military zone level where the person released from prison before term conditionally resides or works shall establish a Council and organize a meeting to review and decide on shortening the probation period. The Council comprises 03 Judges; the meeting shall be attended by the Procurator of the People's Procuracy at the same level. In case the dossier needs to be supplemented as required by the Court, the time of organizing the meeting shall be counted from the date of receiving the additional dossier.

- Within 03 working days from the date of issuing the decision on shortening the probation period, the Court must send the decision to the person serving the sentence, the People’s Procuracy at the same level, the directly superior People’s Procuracy, the agency requesting the shortening of the probation period, the court that issued the decision to release from prison before term conditionally, and the Department of Justice where the Court issuing the decision on shortening the probation period is located.

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