What is execution of prohibition from residence sentence under the law in Vietnam?

What is execution of prohibition from residence sentence? 

Pursuant to the provisions of the Law on Execution of Criminal Judgments 2019, execution of prohibition from residence sentence means that a competent authority or person defined in this Law forces a sentenced person not to temporarily or permanently reside in certain administrative divisions under a legally effective court judgment or decision.

What is execution of prohibition from residence sentence under the law in Vietnam? (Internet image) 

Procedures for execution of prohibition from residence sentence in Vietnam

Procedures for execution of prohibition from residence sentence in Vietnam are carried out according to the provisions of Article 107 of the Law on Execution of Criminal Judgments 2019, specifically as follows:

(1) Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of prohibition from residence, the superintendent of the prison or detention center or the head of the criminal judgment execution agency of the provincial-level police department or military zone shall notify such in writing with the content specified in Clause 1, Article 46 of the Law on Execution of Criminal Judgments 2019 the criminal judgment execution agency of the district-level police office of the place to which such person will come to reside and of the place in which he/she is prohibited from residing and the commune-level People's Committees of the place in which such person will come to reside and of the place in which he/she is prohibited from residing.

(2) Immediately after an inmate subject to the additional penalty of prohibition from residence completely serves his/her full prison sentence, the prison or detention center or the criminal judgment execution agency of the district-level police office or military zone of the place in which he/she has served the sentence shall send a certificate of complete serving of the prison sentence or a copy of the judgment and a copy of the judgment execution decision to the criminal judgment execution agency of the district-level police office of the place in which the sentenced person will come to reside.

(3) Within 5 working days after receiving documents specified in (2), the criminal judgment execution agency of the district-level police office of the place in which the sentenced person will come to reside shall compile and hand over a prohibition from residence sentence execution dossier to the commune-level People's Committee of the place in which such person will come to reside and of the place in which he/she is prohibited from residing. Such a dossier comprises:

- A copy of the legally effective court judgment;

- A copy of the decision to execute the prison sentence;

- The certificate of complete serving of the prison sentence;

- Other relevant documents.

(4) Within 7 days after receiving the required documents prescribed in (3), the People’s Committee of commune where the sentenced person resides shall summon the sentenced person and require him/her to make a commitment to serve the sentence and prepare a dossier of supervision and education of such sentenced person. Such a dossier comprises:

- Documents prescribed in (3);

- A commitment of the sentenced person; remarks of the sentenced person’s performance during prohibition from residence sentence;

- A report on violation of the sentenced person (if any);

- A decision on penalty for administrative violation against the sentenced person (if any);

- A court decision on exemption from serving the remainder of the prohibition from residence sentence (if any);

- Other relevant documents.

(5) Three days before the expiration of the prohibition from residence term after receiving a decision on exemption from serving the remainder of the prohibition from residence sentence, the commune-level People's Committee shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office for granting a certificate of complete serving of the prohibition from residence sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-granting criminal judgment execution agency is based.

(6)  If the sentenced person dies, the People’s Committee of commune where the sentenced person resides shall report the criminal judgment execution agency of district-level police office to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the same-level procuracy, criminal judgment execution agency of district-level police office or of military zone, the People’s Committee of commune where the sentenced person resides and where the sentenced person is prohibited from residing, and Department of Justice of province where the court which issued the decision is based.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE