What are cases of canceling parole in Vietnam?

What are cases of canceling parole in Vietnam? (Internet image)

1. What are cases of canceling parole in Vietnam?

According to Article 5 of Resolution 01/2018/NQ-HDTP on the cases of canceling parole in Vietnam

- During the probation period, based on the proposal of the competent criminal judgment execution agency, the court that issued the decision of parole may revoke this decision for the person granted conditional early release and compel them to serve the remaining unserved prison sentence if they intentionally violate the obligations twice or more or are administratively sanctioned twice or more.

- Intentional violation of obligations is considered if within one of the following cases:

+ Failing to report to the People's Committee, the People's Public Security of the commune where they reside and failing to register temporary or permanent residence according to the provisions of the law on residence within 05 days from the date of parole.

+ Failing to strictly comply with their commitment to abide by the law, fully fulfill citizen duties, internal regulations, rules of residence, work; not participating in labor, study; not fully complying with additional penalties.

+ Failing to comply with the management, supervision, education of the People's Committee of the commune, the military unit assigned to manage, Criminal Judgment Execution Agency of district-level Public Security, Criminal Judgment Execution Agency of the military zone where they reside and work, and the person assigned by the competent authority to manage, educate.

+ Leaving the place of residence without permission or without the approval of the competent authority. Leaving the place of residence for 03 days without the approval of the person directly assigned to manage, educate; leaving the place of residence for more than 03 days without the approval of the commune-level People's Committee.

+ Failing to appear as required by the commune-level People's Committee, the military unit assigned to manage, Criminal Judgment Execution Agency of district-level Public Security, Criminal Judgment Execution Agency of the military zone where they reside and work.

+ Not reporting monthly to the person assigned to manage, educate about their study, labor, training, and progress.

+ Not providing a periodic 03-month written report on the compliance with the regulations for those granted parole to the commune-level People's Committee, the military unit assigned to manage, Criminal Judgment Execution Agency of district-level Public Security, the Criminal Judgment Execution Agency of the military zone where they reside and work.

2. Conditions for parole for people serving sentence for serious crimes, very serious crimes or extremely serious crimes in Vietnam

According to Article 2 of Resolution 01/2018/NQ-HDTP, individuals serving sentences for serious crimes, very serious crimes or extremely serious crimes who do not fall under the cases stipulated in Clause 2, Article 66 of the Criminal Code 2015 may be granted conditional early release if they meet the following conditions:

- Have had the prison term reduced.

- Are first-time offenders.

Considered as first-time offenders and eligible for consideration if they fall under one of the following cases:

+ Have never committed a crime before;

+ Previously committed a crime but were exempted from criminal responsibility;

+ Previously committed a crime but were subject to re-education in juvenile correctional schools;

+ Previously convicted but are considered to have no criminal record.

- Show significant progress and good reform awareness, demonstrated by good compliance with the regulations of the prison, temporary detention center, detention house; actively participating in study, labor reform and must have good or higher classification for their term in compliance with the law on the execution of criminal judgments. Specifically:

+ Individuals serving life imprisonment reduced to a term of imprisonment must have been classified as having good or higher compliance for at least 20 consecutive quarters up to the time of consideration for conditional early release.

+ Individuals serving imprisonment terms of over 20 to 30 years must have been classified as having good or higher compliance for at least 16 consecutive quarters up to the time of consideration for conditional early release.

+ Individuals serving imprisonment terms of over 15 to 20 years must have been classified as having good or higher compliance for at least 12 consecutive quarters up to the time of consideration for conditional early release.

+ Individuals serving imprisonment terms of over 10 to 15 years must have been classified as having good or higher compliance for at least 08 consecutive quarters up to the time of consideration for conditional early release.

+ Individuals serving imprisonment terms of over 05 to 10 years must have been classified as having good or higher compliance for at least 06 consecutive quarters up to the time of consideration for conditional early release.

+ Individuals serving imprisonment terms of over 03 to 05 years must have been classified as having good or higher compliance for at least 04 consecutive quarters up to the time of consideration for conditional early release.

+ Individuals serving imprisonment terms of 03 years or less must have been classified as having good or higher compliance for at least 02 consecutive quarters up to the time of consideration for conditional early release.

Example: Nguyen Van A was sentenced to 14 years. By March 31, 2018, A has served 07 years of imprisonment. To qualify for consideration of conditional early release (in Quarter I/2018), Nguyen Van A must have been classified as having good or higher compliance for 08 consecutive quarters, specifically: Quarter I/2018; Quarters I, II, III, IV/2017; Quarters II, III, IV/2016.

- Have a clear place of residence.

Place of residence refers to temporary or permanent residence according to the provisions of the Law on Residence 2020 where the person granted conditional early release returns to reside and live regularly after being released from prison.

A clear place of residence is a residence with a specifically determined address.

- Have fully complied with additional penalties including fines, court fees, and compensation obligations.

+ Fully complying with additional penalties including fines and court fees means having paid all fines and court fees as evidenced by receipts, documents, or a court decision exempting the payment of fines and court fees.

+ Fully complying with compensation obligations means having fulfilled the compensation obligation according to the court’s judgment, decision; having a decision to suspend the execution of the judgment by the competent enforcement authority; having a written agreement with the victim or the victim's legal representative that no compensation needs to be fulfilled according to the court's judgment, decision, and this agreement is confirmed by the competent authority.

- Have served at least half of the term of imprisonment; at least 15 years for those sentenced to life imprisonment but have had the sentence reduced to a term.

+ The time served refers to the period the individual was detained, remanded, serving the imprisonment sentence in detention facilities, or compelled to undergo treatment during investigation, prosecution, trial, execution, not counting the time released on bail, postponed, temporarily suspended, and the time reduced from the term of imprisonment served (if any) is subtracted from the remaining prison term.

Example: Nguyen Van B was sentenced to 14 years of imprisonment. By March 31, 2018, Nguyen Van B had served 07 years. During the imprisonment, B was granted a 01-year reduction in imprisonment term, so the remaining term of imprisonment is 06 years.

+ In cases where the individual serving imprisonment is considered to have outstanding contributions to the revolution, is a relative of someone with outstanding contributions to the revolution, is 70 years old or older, is severely disabled or particularly severely disabled, is a woman nursing a child under 36 months, they must have served at least one-third of the term or at least 12 years for those sentenced to life imprisonment but have had the sentence reduced to a term.

Individuals with outstanding contributions to the revolution, or relatives of those with outstanding contributions to the revolution, are identified according to the law on preferential treatment for people with contributions to the revolution.

Severely disabled, particularly severely disabled individuals are identified according to the law on people with disabilities.

Determination of severe or particularly severe disabilities is based on the conclusion of the provincial medical assessment council or the conclusion of the disability determination council.

- Careful and strict consideration is required when assessing for conditional early release to ensure it does not affect social order and security, especially in cases of crimes related to drugs, corruption, organized crime, key figures, leaders, commanders, defiant and recalcitrant individuals, and dangerous repeat offenders.

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