Tasks and powers of the criminal judgment execution management agencies of military zones in Vietnam

Tasks and powers of the criminal judgment execution management agencies of military zones in Vietnam (Internet image)

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

1. Criminal judgment execution agencies in Vietnam

According to Clause 2, Article 11 of the Law on Execution of Criminal Judgments 2019, criminal judgment execution agencies include:

- Prisons of the Ministry of Public Security, prisons of the Ministry of National Defense and prisons of military zones (hereinafter referred to as prisons);

- Criminal judgment execution agencies of police departments of provinces and central-affiliated cities (hereinafter referred to as criminal judgment execution agencies of provincial-level police departments);

- Criminal judgment execution agencies of police departments of districts, towns and provincial cities, cities affiliated to central-affiliated cities (hereinafter referred to as criminal judgment execution agencies of district-level police offices);

- Criminal judgment execution agencies of military zones and equivalent level (hereinafter referred to as criminal judgment execution agencies of military zones).

2. Tasks and powers of the criminal judgment execution management agencies of military zones in Vietnam

According to Article 15 of the Law on Execution of Criminal Judgments 2019, tasks and powers of the criminal judgment execution management agencies of military zones include:

(1) Assist commanders of military zones in managing and directing the execution of criminal judgments in their military zones or equivalent zones:

- Providing professional practices and examining the execution of criminal judgments;

- Managing prisons of military zones;

- Reviewing the execution of criminal judgments and following the statistics and reporting regulations as guided by the criminal judgment execution management agency of the Ministry of National Defense.

(2) Receive court judgments and decisions, decisions on the execution of criminal judgments; complete dossiers and establish lists of persons sentenced to prison and submitting them to competent agencies or persons for decision; establish judgment execution dossiers for corporate legal entities.

(3) Request competent courts to consider deciding the suspension of the serving of prison sentences and reduction of the duration of serving prison sentences, parole granted to inmates and shortening probation period granted to persons serving suspended sentences, parolees, reduction of the duration of serving community sentences, force persons serving suspended sentences who violate the terms of probation to serve the remainder of the sentences in prison, cancel decisions on parole granted to persons who violate the terms of parole and compel such persons to serve the remainder of the sentences in prison, seek mental health assessment as per the law.

(4) Escort for judgment execution against persons sentenced to prison while on bail, persons whose prison sentences are postponed or suspended, persons who are forced to serve the original suspended sentences, and persons whose decisions on parole are cancelled by the court.

(5) Participate in execution of death sentences; manage inmates for custody and detention purposes as per the Law on Execution of Criminal Judgments 2019.

(6) Release wanted notices and hunt sentenced persons escaping from prisons.

(7) Decide to transfer inmates or follow inmate transfer orders of competent authorities or persons.

(8) Organize execution of penalties and judicial measures against corporate legal entities as per the Law on Execution of Criminal Judgments 2019.

(9) Issue certificates of complete serving of sentence, and certificates of complete serving of judicial measure under their competence.

(10) Settle complaints and denunciations about execution of criminal judgments under the Law on Execution of Criminal Judgments 2019 and the Law on Denunciation.

(11) Perform other tasks and powers under the Law on Execution of Criminal Judgments 2019.

3. Principles of execution of criminal judgments in Vietnam

The execution of criminal judgments must comply with the principles specified in Article 4 of of the Law on Execution of Criminal Judgments 2019, specifically as follows:

- Abidance by the Constitution and law, guarantee of the interests of the State and the legitimate rights and interests of agencies, organizations, and individuals.

- Legally effective court judgments and decisions must be respected and strictly complied with by agencies, organizations, and individuals.

- Guarantee of socialist humanism; respect for the dignity and legitimate rights and interests of sentenced persons, persons serving judicial measures, and legitimate rights and interests of sentenced corporate legal entities.

- Combination of punishment and education in the execution of judgments; application of educational measures based on the nature and severity of crimes committed, age, gender, educational level and other personal characteristics of sentenced persons.

- Execution of judgments against minors mainly aims to educate and help them correct their wrongful acts, develop healthily and become useful to the society.

- Sentenced persons are encouraged to show their repentance, actively study and work to reform themselves and voluntarily pay compensations.

- Guarantee of the right to complain and denounce illegal acts and decisions of competent authorities or persons in execution of criminal judgments.

- Guarantee of the participation of agencies, organizations, individuals, and families in the execution of criminal judgments and community re-integration as per the law.

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