Law Enforcement Of Criminal Judgments Law No 41/2019/QH14

CONGRESS	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness
Law No. 41/2019/QH14	Hanoi, June 14, 2019

➦ Download document pdf
➦ Download document word

LAW ENFORCEMENT OF CRIMINAL JUDGMENTS
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Enforcement of Criminal Judgments.
 
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law prescribes the principles, order, procedures, organization, tasks and powers of competent agencies and persons in the execution of judgments and decisions on imprisonment, death penalty, warning, non-custodial reform, residence ban, probation, expulsion and deprivation of a number of citizens’ rights.  prohibition from holding certain positions, practicing certain professions or doing certain jobs, suspended sentences, early release from prison, penalties of suspension of operation for a definite time, permanent suspension of operation, prohibition of business, prohibition of activities in certain fields, prohibition of capital mobilization,  judicial measures; rights and obligations of commercial persons and legal entities serving criminal judgments and judicial measures; responsibilities of relevant agencies, organizations and individuals in the enforcement of criminal judgments and judicial measures.
Article 2. Enforced judgments and decisions
Court judgments and decisions have taken legal effect and enforcement decisions have been issued.
Court judgments and decisions shall be enforced immediately in accordance with the provisions of the Criminal Procedure Code or from the date the judgment takes legal effect in accordance with the provisions of the Penal Code.
Decisions of courts on receipt of persons serving imprisonment sentences abroad to Vietnam to serve judgments and enforcement decisions have been issued; the Court’s decision to transfer a person serving a prison sentence in Vietnam to a foreign country.
Judgments and decisions on the application of judicial measures of compulsory medical treatment and education at reformatories; forcible restoration of the original state, forcible implementation of a number of measures to remedy and prevent consequences that continue to occur to commercial legal entities under the jurisdiction of criminal judgment enforcement agencies.
Article 3. Explanation of terminology
In this Law, the following terms shall be construed as follows:
Judgment servants are persons who are convicted and subject to penalties under legally effective court judgments or decisions and execution decisions have been issued.
Inmates are persons who are serving fixed-term imprisonment sentences or life imprisonment.
Prisoner detention establishments are places where prisoners are managed, detained and educated and rehabilitated, including prisons, detention camps and detention houses.
Execution of imprisonment sentences means that competent agencies or persons under the provisions of this Law force persons sentenced to fixed-term imprisonment or life imprisonment to be subject to detention management, education and rehabilitation.
Execution of the death penalty means the deprivation of life of a person sentenced to death by a competent agency or person under the provisions of this Law.
Execution of a suspended sentence means the supervision and education of a person sentenced to imprisonment by a competent agency or person as prescribed in this Law who is entitled to a suspended sentence during the probationary period.
Enforcement of a decision on early release from prison means the management of a person released from prison before the conditional term by a competent agency or person under the probation period of this Law.
Execution of non-custodial reform sentences means the supervision and education of judgment servants at their places of residence or workplaces or studies by competent agencies and persons under the provisions of this Law; deduction of part of their incomes into the state fund, supervision of the performance of a number of labor jobs in service of the community according to judgments, the Court’s decision has legal effect.
Enforcement of a residence ban penalty means a competent agency or person under the provisions of this Law compels a judgment servant not to temporarily or permanently reside in a certain locality under a legally effective court judgment or decision.
Execution of probation penalty means the execution of a sentence by a competent agency or person under the provisions of this Law that compels the judgment servant to reside, do business and live and rehabilitate in a certain locality under the control and education of the local administration and the local people according to the judgment. the Court’s decision has legal effect.
Execution of an expulsion sentence means the execution of a judgment servant by a competent agency or person under the provisions of this Law to leave the territory of the Socialist Republic of Vietnam under a legally effective court judgment or decision.
Execution of a judgment of deprivation of a number of civil rights means the deprivation of one or several civil rights of a judgment servant by a competent agency under the provisions of this Law under a legally effective court judgment or decision.
Enforcement of a penalty of prohibition from holding certain posts, practicing professions or doing certain jobs means that a competent agency, organization or person under the provisions of this Law compels a judgment servant not to hold certain posts, practice professions or do certain jobs under a judgment or the Court’s decision has legal effect.
Execution of judicial measures of compulsory medical treatment means that competent agencies or persons under the provisions of this Law force persons who commit acts dangerous to society or persons who are serving sentences suffering from mental diseases or other diseases that cause them to lose their cognitive capacity or ability to control their acts to be treated at compulsory medical treatment establishments under decisions decisions of courts and procuracies.
Enforcement of judicial measures for education at reformatories means the sending of persons under 18 years of age to reformatories for education under legally effective courts by competent agencies or persons under the provisions of this Law.
Escort for judgment enforcement means the compelling expulsion of a person serving a prison sentence, death penalty or expulsion sentence to a place of judgment execution by a competent agency or person under the provisions of this Law.
Extraction means the implementation of decisions of competent agencies or persons under the provisions of this Law to remove inmates, persons sentenced to death or persons serving judicial measures of education at reformatories out of their places of management and transfer them to agencies or agencies competent persons to serve the activities of investigation, prosecution, trial, medical examination and treatment, detention management, education and reform within a certain time limit.
List means a record of brief information on the background, identity, photographs of three postures, printed with two index fingers of a judgment servant or judicial measure executor made and kept by a competent agency.
Copy only means a record of brief information on the background and all fingerprints of the judgment servant made and kept by a competent agency.
Judgment-executing commercial legal entity means a commercial legal entity that is convicted and subject to penalties or judicial measures according to legally effective court judgments or decisions.
Execution of the penalty of suspension of operation for a definite period means that a competent agency or person under the provisions of this Law compels a judgment-serving commercial legal entity to suspend its operation in one or several domains suspended for a definite period of time under a judgment or the Court’s decision has legal effect.
Execution of the penalty of permanent suspension of operation means that a competent agency or person under the provisions of this Law compels a judgment-serving commercial legal entity to immediately terminate its operation in one or several domains whose operation is permanently suspended or the entire operation is permanently suspended under a judgment. the Court’s decision has legal effect.
Enforcement of penalties of business bans or operation in certain domains means that competent agencies or persons under the provisions of this Law compel commercial legal entities to serve judgments not to continue doing business or operating in the prohibited domains within the time limit prescribed by the judgment. the Court’s decision has legal effect.
Enforcement of a penalty of prohibition of capital mobilization means that a competent agency or person under the provisions of this Law compels a commercial legal entity to execute a judgment not to perform one or several forms of capital mobilization within the time limit prohibited under a legally effective court judgment or decision.
State management agencies for commercial legal entities executing judgments are agencies competent to register business, grant registration certificates, grant licenses or approve commercial legal entities to operate, supervise and monitor commercial legal entities operating and are requested by competent criminal judgment enforcement agencies to perform one or several tasks to ensure the enforcement of penalties and judicial measures against commercial legal entities serving judgments.
Article 4. Principles of criminal judgment enforcement
To comply with the Constitution and laws, ensure the interests of the State, the legitimate rights and interests of agencies, organizations and individuals.
Legally effective court judgments and decisions must be respected by agencies, organizations and individuals; relevant agencies, organizations and individuals must strictly abide by.
To ensure socialist humanitarianism; respect the honor, dignity, legitimate rights and interests of judgment servants and judicial measure executors, and the legitimate rights and interests of commercial legal entities executing judgments.
Combining punishment and education and reform in judgment enforcement; the application of the measure of education and reform must be based on the nature and severity of the offense, age, health, gender, educational level and other personal characteristics of the judgment servant.
Execution of judgments against persons under 18 years of age is mainly aimed at educating and helping them to correct their mistakes, develop healthily and become useful persons for society.
Encourage judgment servants to repent, actively study, work for rehabilitation, and voluntarily pay compensation for damages.
To ensure the right to lodge complaints and denunciations about unlawful acts and decisions of competent agencies and persons in the enforcement of criminal judgments.
To ensure the participation of agencies, organizations, individuals and families in criminal judgment enforcement and community reintegration activities in accordance with law.
Article 5. Coordination responsibilities of agencies, organizations and individuals in criminal judgment enforcement
Agencies, organizations and individuals shall, within the scope of their tasks, powers and obligations, coordinate with and comply with requests of competent agencies and persons in the enforcement of criminal judgments in accordance with the provisions of this Law.
Article 6. Supervision of the enforcement of criminal judgments
The National Assembly, the People’s Council, the Vietnam Fatherland Front and its member organizations shall supervise the activities of agencies, organizations, competent persons and other relevant agencies, organizations and individuals in the execution of criminal judgments in accordance with law.
Article 7. Supervision of the execution of criminal judgments
The People’s Procuracy shall supervise the observance of law by competent agencies and persons and other relevant agencies, organizations and individuals in the enforcement of criminal judgments.
Article 8. Dissemination and education of the law on criminal judgment enforcement
The Government, ministries, ministerial-level agencies and agencies attached to the Government shall have to organize and direct the dissemination and education of the law on criminal judgment enforcement.
People’s Committees at all levels, other agencies and organizations shall, within the ambit of their tasks and powers, organize the dissemination and education of the law and mobilize the people to observe the law on criminal judgment enforcement.
Article 9. International cooperation in criminal judgment enforcement
International cooperation in the enforcement of criminal judgments between competent agencies of the Socialist Republic of Vietnam and corresponding competent agencies of foreign countries shall be carried out on the basis of respect for independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs.  equality, mutual benefit, in accordance with the Constitution and laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory.
In case there is no international treaty between Vietnam and the concerned country, the international cooperation in criminal judgment enforcement shall be carried out on the principle of reciprocity but not contrary to the Constitution of Vietnam and in accordance with international law and international practice.
Article 10. Prohibited acts in criminal judgment enforcement
Destruction of management and detention establishments; destroying or intentionally damaging property of management or detention establishments; organizing the escape or escaping from the place of management or detention; organizing hiding or hiding while being escorted or escorted; to remove prisoners, judicial measure executors, escorted or escorted persons.
Failing to abide by decisions on criminal judgment enforcement; obstructing or opposing the implementation of internal rules and regulations on criminal judgment enforcement or decisions and requests of competent agencies and persons in criminal judgment enforcement.
Organizing, inciting, instigating, enticing, enticing, assisting or coercing others to violate the law on criminal judgment enforcement; taking revenge or infringing upon the life, health, honor, dignity and property of persons responsible for criminal judgment enforcement.
Failing to issue decisions on criminal judgment enforcement; failing to execute the release decision as prescribed by law and other decisions of competent agencies and persons in criminal judgment enforcement.
Giving bribes, receiving bribes, brokering bribes, interfering in criminal judgment enforcement.
Illegally releasing persons in custody or persons escorted for judgment enforcement; lack of responsibility in the management, guard and escort of judgment enforcement so that the person serving the imprisonment, death penalty or expulsion sentence escapes.
Abusing or abusing their positions and powers to request exemption, reduction, postponement, suspension or early release from prison or shorten the probation period for ineligible persons; failing to propose eligible persons to be exempted, reduced, postponed, suspended, released from prison before the conditional time limit, shortening the probation period; proposing or not proposing the early termination of the execution of judicial measures, postponement or suspension of the execution of judicial measures; obstructing judgment-serving persons and legal entities from exercising their rights under the provisions of this Law.
Torture and other forms of cruel, inhuman or degrading treatment or punishment of judgment servants or judicial measures.
Discriminating, discriminating against or infringing upon the lawful rights and interests of judgment-serving commercial persons or legal entities.
Granting or refusing to grant decisions, certificates, certifications or other papers on criminal judgment enforcement in contravention of law.
Falsifying dossiers and books on criminal judgment enforcement.
 
Chapter II
SYSTEM OF ORGANIZATION OF CRIMINAL JUDGMENT ENFORCEMENT, TASKS AND POWERS OF COMPETENT AGENCIES IN CRIMINAL JUDGMENT ENFORCEMENT
Article 11. Criminal judgment enforcement organization system
Criminal judgment enforcement management agencies include:
a) Criminal judgment enforcement management agencies under the Ministry of Public Security;
b) Agencies managing criminal judgment enforcement under the Ministry of National Defense.
Criminal judgment enforcement agencies include:
a) Prisons under the Ministry of Public Security, prisons under the Ministry of National Defense, prisons of military zones (hereinafter referred to as prisons);
b) Criminal judgment enforcement agencies of police departments of provinces and centrally-run cities (hereinafter referred to as criminal judgment enforcement agencies of provincial-level police offices);
c) Criminal judgment enforcement agencies of police offices of rural districts, urban districts, provincial towns, provincial cities and centrally-run cities (hereinafter referred to as criminal judgment enforcement agencies of district-level police offices);
d) Criminal judgment enforcement agencies of military zones and equivalent (hereinafter referred to as criminal judgment enforcement agencies of military zones).
Agencies assigned a number of tasks to enforce criminal judgments include:
a) Detention camps affiliated to the Ministry of Public Security, temporary detention camps affiliated to the Ministry of National Defense, temporary detention camps affiliated to provincial-level police offices, military zone-level detention camps (hereinafter referred to as temporary detention camps);
b) Commune-level People’s Committees;
c) Military units at the residency level and equivalent (hereinafter referred to as military units).
The Minister of Public Security and the Minister of National Defense shall detail the organizational apparatus of criminal judgment enforcement management agencies and criminal judgment enforcement agencies.
Article 12. Tasks and powers of criminal judgment enforcement management agencies under the Ministry of Public Security
To assist the Minister of Public Security in performing the following tasks and exercising the following powers:
a) Organize the enforcement of the law on criminal judgment enforcement;
b/ To provide professional direction and guidance on the uniform application of the provisions of law on criminal judgment enforcement;
c) Summarizing the execution of criminal judgments.
Inspection of criminal judgment enforcement.
To decide on sending imprisonment sentence servants to the places of judgment serving, sending persons under 18 years of age to reformatories.
To directly manage prisons and reformatory schools under the Ministry of Public Security.
To implement the statistical and reporting regime.
To settle complaints and denunciations about criminal judgment enforcement in accordance with the provisions of this Law and the Law on Denunciations.
To perform other tasks and exercise other powers as prescribed in this Law and the tasks and powers assigned by the Minister of Public Security.
Article 13. Tasks and powers of criminal judgment enforcement management agencies under the Ministry of National Defense
To assist the Minister of National Defense in performing the following tasks and exercising the following powers:
a) Organize the enforcement of the law on criminal judgment enforcement;
b/ To provide professional direction and guidance on the uniform application of the provisions of law on criminal judgment enforcement in the army;
c) Summarizing the work of criminal judgment enforcement in the army.
To examine the enforcement of criminal judgments in the army.
To decide to send the imprisonment sentence servant to the place where the judgment is served.
To directly manage prisons under the Ministry of National Defense.
To implement the statistical and reporting regime.
To settle complaints and denunciations about criminal judgment enforcement in accordance with the provisions of this Law and the Law on Denunciations.
To perform other tasks and exercise other powers as prescribed in this Law and the tasks and powers assigned by the Minister of National Defense.
Article 14. Tasks and powers of criminal judgment enforcement agencies of provincial-level police
To assist provincial-level police directors in managing and directing the enforcement of criminal judgments in provincial-level areas:
a/ To provide professional direction and inspection of criminal judgment enforcement of detention camps under provincial-level police offices and criminal judgment enforcement agencies of district-level police offices;
b) Summarize the criminal judgment enforcement work and implement the statistical and reporting regime under the guidance of the criminal judgment enforcement management agency of the Ministry of Public Security.
To receive court judgments and decisions or judgment enforcement decisions; complete dossiers, make lists of persons serving imprisonment sentences for reporting and proposing competent agencies and persons to decide; compile judgment enforcement dossiers for commercial legal entities.
To propose competent courts to consider and decide to suspend the execution of imprisonment sentences, reduce the term of serving imprisonment sentences, release prisoners before the conditional time limit and shorten the probation period for persons who are released from prison before the conditional time limit, soliciting forensic psychiatric expertise in accordance with law.
To organize the reception of persons sentenced to imprisonment who are transferred to Vietnam to serve their sentences by foreign countries according to decisions of competent courts, complete judgment enforcement dossiers, and report to criminal judgment enforcement management agencies for issuance of decisions on sending them to judgment enforcement places.
To organize the execution of expulsion penalties; participating in the execution of the death penalty; to manage the number of inmates in service of temporary detention and detention in accordance with the provisions of this Law.
To issue wanted decisions and organize the arrest of fugitive judgment servants.
To decide on extraction or execute extraction orders at the request of competent agencies or persons.
To organize the enforcement of penalties and judicial measures against commercial legal entities in accordance with the provisions of this Law.
To issue certificates of complete execution of penalties and certificates of complete observance of judicial measures according to their competence.
To settle complaints and denunciations about criminal judgment enforcement in accordance with the provisions of this Law and the Law on Denunciations.
To perform other tasks and exercise other powers as prescribed by this Law.
Article 15. Tasks and powers of military zone-level criminal judgment enforcement agencies
To assist military zone commanders in managing and directing the execution of criminal judgments in military zones and equivalent:
a/ To provide professional direction and inspection of criminal judgment enforcement;
b) Managing prisons in military zones;
c) Summarize the work of criminal judgment enforcement and make statistics and reports under the guidance of the criminal judgment enforcement management agency of the Ministry of National Defense.
To receive court judgments and decisions or judgment enforcement decisions; complete dossiers, make lists of persons serving imprisonment sentences for reporting and proposing competent agencies and persons to decide; compile judgment enforcement dossiers for commercial legal entities.
To request competent courts to consider and decide on the suspension of the execution of imprisonment sentences, reduction of the term of serving imprisonment sentences, early release of prisoners and shortening of the probation period for persons entitled to suspended sentences or persons released from prison before the conditional time limit, reducing the time limit for serving the non-custodial reform penalty, forcing the person entitled to a suspended sentence to violate the obligation to serve the imprisonment penalty of the suspended sentence, canceling the decision on early release from prison before the conditional time limit for violating the obligation and compelling such person to serve the remaining imprisonment penalty have not complied with and solicited forensic psychiatric examination in accordance with the law.
Escort the execution of the judgment for the person sentenced to imprisonment who is on bail, postponed or suspended, the person who is compelled by the court to serve the imprisonment penalty of the suspended sentence, or the person whose decision to release the prisoner is canceled by the court before the conditional time limit.
Participating in the execution of the death penalty; to manage the number of inmates in service of temporary detention and detention in accordance with the provisions of this Law.
To issue wanted decisions and organize the arrest of fugitive judgment servants.
To decide on extraction or execute extraction orders at the request of competent agencies or persons.
To organize the enforcement of penalties and judicial measures against commercial legal entities in accordance with the provisions of this Law.
To issue certificates of complete execution of penalties and certificates of complete observance of judicial measures according to their competence.
To settle complaints and denunciations about criminal judgment enforcement in accordance with the provisions of this Law and the Law on Denunciations.
To perform other tasks and exercise other powers as prescribed by this Law.
Article 16. Tasks and powers of criminal judgment enforcement agencies of district-level police
To assist district-level police chiefs in managing and directing the execution of criminal judgments in district-level areas:
a/ To provide professional guidance on criminal judgment enforcement according to its competence to commune-level People’s Committees; to direct and inspect the commune-level Police in assisting the commune-level People’s Committee in performing the task of criminal judgment enforcement in accordance with the provisions of this Law;
b) Make statistics and report under the guidance of the criminal judgment enforcement management agency of the Ministry of Public Security.
To receive court judgments and decisions, judgment enforcement decisions and relevant documents, compile dossiers and organize judgment enforcement for persons serving suspended sentences, non-custodial reform sentences, residence bans, bans from holding posts, practicing certain professions or doing certain jobs, deprivation of some citizenship and probation; organize the management of persons entitled to postponement or suspension of serving imprisonment sentences and persons released from prison ahead of the conditional time limit.
To compile dossiers and report to the criminal judgment enforcement agencies of provincial-level police departments to request competent courts to consider and decide on the suspension of the execution of imprisonment sentences, reduction of the term of imprisonment or early release of prisoners who are serving their sentences at detention houses, shorten the probation period for persons released from prison before the conditional time limit.
Escort the execution of the judgment for the person sentenced to imprisonment who is on bail, postponed or suspended, the person who is compelled by the court to serve the imprisonment penalty of the suspended sentence, or the person whose decision to release the prisoner is canceled by the court before the conditional time limit.
To directly manage the number of inmates in service of temporary detention and detention at temporary detention houses.
To serve judgment enforcement decisions to persons sentenced to imprisonment who are in custody houses and report them to the criminal judgment enforcement agencies of provincial-level police departments.
To compile dossiers and report to the criminal judgment enforcement agencies of the provincial-level Police to request the criminal judgment enforcement management agencies of the Ministry of Public Security to issue decisions to send persons sentenced to imprisonment who are in custody houses, persons entitled to postponement or suspension of judgment execution, persons who are compelled by the courts to serve the imprisonment penalties of the suspended sentences, persons whose decisions to be released from prison ahead of the conditional time limit are canceled by the courts.
To request competent courts to consider and decide to postpone the execution of imprisonment sentences for persons sentenced to imprisonment who are on bail, to compel suspended sentence beneficiaries to violate their obligations to serve imprisonment penalties of suspended sentences, to cancel decisions on early release of prison sentences for persons who are released from prison before the conditional time limit violating obligations and forcing such persons to serve the remaining unserved imprisonment sentences, shortening the probation period for persons entitled to suspended sentences, reducing the time limit for serving non-custodial reform sentences, exempting persons from serving the remaining term of probation, residence ban.
To propose competent agencies to issue decisions to arrest persons who evade judgment enforcement; decide on extraction or execute the extraction order at the request of competent agencies or persons.
To issue certificates of complete execution of penalties according to their competence.
To settle complaints and denunciations about criminal judgment enforcement in accordance with the provisions of this Law and the Law on Denunciations.
To perform other tasks and exercise other powers as prescribed by this Law.
Article 17. Tasks, powers and organizational structure of prisons
Prisons are imprisonment sentence execution agencies with the following tasks and powers:
a) Receiving, organizing the management of detention and education and rehabilitation of prisoners;
b) Notify the inmate’s relatives of the reception of the inmate and the situation of his/her judgment execution;
c) Request competent courts to consider and decide to reduce the term of serving imprisonment sentences, suspend the execution of prison sentences, release prisoners before the conditional time limit in accordance with law;
d) Execute the extraction order of a competent agency or person;
dd) Receiving assets and money voluntarily paid by inmates or relatives of prisoners for judgment enforcement and transferring them to the civil judgment enforcement agencies of the localities where the courts that have conducted the first-instance trial of the cases are headquartered or the civil judgment enforcement agencies entrusted with judgment enforcement; receiving assets and money transferred by civil judgment enforcement agencies to be delivered to inmates in accordance with the Law on Enforcement of Civil Judgments;
e) Coordinate with civil judgment enforcement agencies in providing information on the places where imprisonment sentences are served and the exercise of civil rights and obligations of prisoners, information on places of residence of persons who have completely served their imprisonment sentences, persons granted special amnesty and persons exempt from serving prison sentences, persons who are released from prison before the conditional time limit; transfer of papers related to prisoners subject to fines, confiscation of assets and civil obligations;
g) Issuance of certificates of complete execution of imprisonment sentences or certificates of release from prison ahead of the conditional time limit;
h) Carrying out procedures for settling cases of death of prisoners;
i) Escorting and handing over foreign prisoners under court decisions on the transfer of persons serving imprisonment sentences; receive, organize the management of detention, education and rehabilitation of inmates who are Vietnamese citizens who commit crimes and have been sentenced to imprisonment abroad and are transferred to Vietnam to serve their sentences; to comply with the provisions of this Law on execution of expulsion penalties;
k) Make statistics and report on the execution of imprisonment sentences;
l) Perform other tasks and exercise other powers as prescribed by law.
Prison superintendents shall have the following tasks and powers:
a) Organize the performance of the tasks and exercise the powers of the prison as prescribed in Clause 1 of this Article;
b) Issue decisions on classification and organization of detention of prisoners according to types; decisions on grading and serving imprisonment sentences, decisions on raising or downgrading prisoners, decisions on recognition of prisoners who have violated discipline have progressed, decisions on a number of initial investigative measures in accordance with law, decisions on suspension of prisons when prisoners are caught escaping from prisons; decisions on commendation and discipline of prisoners;
c) Decide on the inspection, seizure and handling of objects and documents on the list of prohibited objects and documents;
d) Decide on the extraction of inmates in service of medical examination and treatment, management, labor and study; inmates who come to the treatment area at the hospital to serve seriously ill inmates who are unable to take care of themselves, inmates whose children under 36 months old follow their mothers to the sick prison must be taken to the hospital for treatment;
dd) Issue wanted decisions and coordinate in organizing the timely arrest of prisoners who escape from prisons.
Deputy Superintendents of prisons shall perform the tasks and exercise the powers of the Superintendent as assigned or authorized by the Superintendent and take responsibility within the scope of their assigned work.
Prisons are organized as follows:
a) Prisons with sub-camps, detention areas and prisons; works serving the management of detention, study, daily life and medical care; labor and vocational training areas managed by prisons; works in service of working and living activities of officers, professional soldiers, non-commissioned officers, soldiers and workers working at prisons;
b) The management apparatus of the prison shall be organized by the superintendent, deputy superintendent, head of the sub-camp, deputy head of the sub-camp, the head of the deputy camp and the deputy head of the camp; officers, professional soldiers, non-commissioned officers; soldiers and workers.
Superintendents, deputy superintendents, heads of sub-camps, deputy heads of sub-camps, team leaders and deputy team leaders must have a police university degree, security university or bachelor’s degree in law or higher and ensure other standards as prescribed.
The Government shall detail Clause 4 of this Article.
Article 18. Tasks and powers of detention centers in criminal judgment enforcement
To directly manage, detain and educate and rehabilitate prisoners serving their sentences in detention camps in accordance with the provisions of this Law.
To compile dossiers to request competent agencies to consider and decide on reduction of the judgment serving duration, suspension of the execution of imprisonment sentences, or conditional early release of prisoners.
To issue certificates of complete execution of imprisonment sentences and certificates of conditional early release to prisoners serving their sentences in detention camps under the Ministry of Public Security or temporary detention camps under the Ministry of National Defense.
To perform other tasks and exercise other powers as prescribed by this Law.
Article 19. Tasks and powers of commune-level People’s Committees in criminal judgment enforcement
Commune-level People’s Committees shall perform the tasks and exercise the powers of supervising and educating suspended sentence beneficiaries, persons serving sentences of non-custodial reform, residence ban, prohibition from holding certain posts, practicing certain professions or doing certain jobs, and depriving them of a number of citizenship rights; management of persons entitled to postponement or suspension of imprisonment sentences, persons released from prison ahead of the conditional time limit; control and educate persons serving probation sentences.
Commune, ward and township police (hereinafter referred to as commune-level police) shall advise and assist commune-level People’s Committees in organizing the performance of tasks and exercise the powers specified in Clause 1 of this Article.
For districts without commune-level administrative units, the criminal judgment enforcement agencies of district-level police departments shall perform the tasks and exercise the powers specified in Clause 1 of this Article.
Article 20. Tasks and powers of military units in criminal judgment enforcement
Military units performing the tasks and powers of supervising and educating persons entitled to suspended sentences, persons serving sentences of non-custodial reform, banning them from holding certain posts, practicing certain professions or doing certain jobs, depriving them of a number of citizenship rights; management of persons entitled to postponement or suspension of serving imprisonment sentences, persons released from prison ahead of the conditional time limit.
Article 21. Tasks and powers of courts in criminal judgment enforcement
To issue judgment enforcement decisions; to decide on the establishment of the Death Penalty Execution Council.
To issue decisions or cancel decisions on postponement or suspension of the execution of imprisonment sentences or early release from prison terms; decisions on suspension of judgment enforcement; decisions on exemption from judgment serving, reduction of judgment serving duration; a decision to force the person entitled to a suspended sentence to serve a prison sentence; decisions on extension of the expulsion duration; decide to shorten the probation period for persons entitled to suspended sentences or persons released from prison before the conditional time limit.
To consider and settle the acceptance of corpses of executed persons.
To send enforced judgments and decisions specified in Clauses 1 and 2 of this Article and relevant documents to agencies, organizations and individuals in accordance with this Law.
To issue decisions on the admission of inmates who are Vietnamese citizens who commit crimes and have been sentenced to imprisonment abroad and are transferred to Vietnam for judgment serving, and transfer foreign inmates.
To issue decisions to solicit forensic psychiatric expertise for inmates who show signs of suffering from mental diseases or other diseases that cause them to lose their cognitive capacity or ability to control their acts.
To implement the regime of statistics and reports on criminal judgment enforcement according to its competence.
To perform other tasks and exercise other powers as prescribed by this Law.
 
Chapter III
EXECUTION OF IMPRISONMENT SENTENCES
Section 1. PROCEDURES FOR EXECUTION OF IMPRISONMENT SENTENCES AND REGIME OF MANAGEMENT OF DETENTION AND EDUCATION OF PRISONERS
Article 22. Decisions on execution of imprisonment sentences
Decisions on execution of imprisonment sentences must clearly state the full names and positions of the decision issuers; judgments and decisions to be enforced; name of the agency tasked to execute the judgment enforcement decision; full name, date of birth and place of residence of the convict; the term of serving the imprisonment sentence, the time limit for serving the additional penalty. In case the convict is on bail, the judgment enforcement decision must clearly state within 07 days from the date of receipt of the decision, the convict must be present at the criminal judgment enforcement agency of the district-level police where he/she resides or the criminal judgment enforcement agency of the military zone where he/she works.
Within 3 working days from the date of issuance of a decision on execution of a prison sentence, the court must send such decision to the following individuals or agencies:
a) The judgment servant and his representative in case the judgment servant is a person under 18 years old;
b) Procuracies of the same level;
c) Criminal judgment enforcement agencies of provincial-level police or military zone-level criminal judgment enforcement agencies;
d) The detention camp where the judgment servant is being held in custody or the criminal judgment enforcement agency of the district-level police where the judgment servant is being held in custody or on bail;
dd) The provincial-level Justice Department of the locality where the court that has issued the judgment enforcement decision is headquartered;
e) The Ministry of Foreign Affairs in case the judgment servant is a foreigner.
Article 23. Execution of decisions on execution of imprisonment sentences
In case the person sentenced to imprisonment is in custody, within 03 working days from the date of receipt of the judgment enforcement decision, the detention camp of the provincial-level police or the criminal judgment enforcement agency of the district-level police where the person sentenced to imprisonment is being held in custody must serve the judgment enforcement decision to the convict and report to the criminal judgment enforcement agency of the provincial-level Police. Within 05 working days from the date of receipt of the report, the criminal judgment enforcement agency of the provincial-level Police shall complete the dossier and make a list of persons serving the imprisonment sentence for reporting to the criminal judgment enforcement management agency of the Ministry of Public Security. In cases where persons sentenced to imprisonment are being held in custody at detention camps under the Ministry of Public Security, the detention camps shall have to serve judgment enforcement decisions to the convicts, complete dossiers and make lists for reporting to the criminal judgment enforcement management agencies of the Ministry of Public Security. In case the person currently serving the sentence is convicted of another criminal act, the prison shall serve the judgment enforcement decision of the new judgment to that person.
Within 05 working days from the date of receipt of the report of the criminal judgment enforcement agency of the provincial-level Police or the detention center under the Ministry of Public Security, the criminal judgment enforcement management agency of the Ministry of Public Security shall issue a decision to send the judgment servant to serve the judgment.
In case a person sentenced to imprisonment is being held in custody at a military zone-level detention center, within 03 working days from the date of receipt of the judgment enforcement decision, the detention camp must serve the judgment enforcement decision to the convict and report it to the military zone-level criminal judgment enforcement agency. Within 05 working days from the date of receipt of the report, the military zone-level criminal judgment enforcement agency shall complete the dossier and make a list of persons serving the imprisonment sentence for reporting to the criminal judgment enforcement management agency of the Ministry of National Defense. In cases where persons sentenced to imprisonment are being held in custody at detention camps under the Ministry of National Defense, the detention camps must serve judgment enforcement decisions to the convicts, complete dossiers and make lists for reporting to the criminal judgment enforcement management agencies of the Ministry of National Defense. In case the person currently serving the sentence is convicted of another criminal act, the prison shall serve the judgment enforcement decision of the new judgment to that person.
Within 05 working days from the date of receipt of the report of the criminal judgment enforcement agency of the military zone or detention center under the Ministry of National Defense, the criminal judgment enforcement management agency of the Ministry of National Defense shall issue a decision to send the judgment servant to serve the judgment.
While waiting for transfer to the place where the imprisonment sentence is served, the judgment servant shall enjoy the same regime as that of prisoners.
In case the person sentenced to imprisonment is on bail, within 7 days from the date of receipt of the judgment enforcement decision, the judgment servant must be present at the head office of the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency designated in the judgment enforcement decision; past this time limit, if such person is not present, the Criminal Judgment Enforcement and Judicial Assistance Police or the Judicial Assistance Guard shall escort the judgment enforcement.
In case the sentenced person is on bail and runs away, the criminal judgment enforcement agency of the provincial-level police or the military zone-level criminal judgment enforcement agency shall issue a wanted decision and organize the arrest; in case such persons show signs of mental illness or other diseases that cause them to lose their cognitive capacity or ability to control their acts, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall solicit expertise; in case the assessment results determine that such persons suffer from mental diseases or other diseases that cause them to lose their cognitive capacity or ability to control their acts, the criminal judgment enforcement agencies of district-level police offices or military zone-level criminal judgment enforcement agencies shall request the courts that have issued judgment enforcement decisions to decide on the application of compulsory judicial measures disease.
In case the person sentenced to imprisonment who is on bail dies, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall report to the court that has issued the judgment enforcement decision for issuance of a decision to suspend the judgment enforcement.
Article 24. Procedures for postponement of the execution of imprisonment sentences
For persons sentenced to imprisonment who are on bail, the chief judges of courts that have issued judgment enforcement decisions may themselves or at the written request of the convicts or the written requests of the procuracies of the same level, the criminal judgment enforcement agencies of the district-level police of the localities where the judgment debtors reside. the military zone-level criminal judgment enforcement agency where the judgment servant works or resides shall issue a decision to postpone the execution of the imprisonment sentence. The written request or written request must be sent to the court that has issued the judgment enforcement decision, enclosed with relevant papers.
Within 7 days from the date of receipt of the application or written request for postponement of the execution of the imprisonment sentence, the chief judge of the court that has issued the judgment execution decision must consider and make a decision. In case of refusal to postpone the execution of the imprisonment sentence, the chief justice of the court must send a written reply to the applicant or the agency making the written request and notify it to the procuracy of the same level, clearly stating the reason for refusal.
Within 03 working days from the date of issuance of the decision to postpone the execution of the imprisonment sentence, the court must send such decision to the following individuals and agencies:
a) The person entitled to postponement of judgment execution and his/her representative in case the person entitled to postponement of judgment execution is a person under 18 years of age;
b) Procuracies of the same level;
c) Criminal judgment enforcement agencies of district-level police offices or military zone-level criminal judgment enforcement agencies where persons entitled to postponement of judgment execution reside or work;
d) The provincial-level Justice Department of the locality where the court has issued the judgment enforcement decision is headquartered;
dd) The Ministry of Foreign Affairs in case the person entitled to the postponement of judgment service is a foreigner.
Article 25. Execution of decisions on postponement of imprisonment sentences
Upon receipt of the court’s decision on postponement of the execution of the imprisonment sentence, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall stop carrying out the procedures for sending the imprisonment sentence servant to serve the judgment and send a copy of the decision on postponement of the imprisonment sentence to the commune-level People’s Committee of the locality where the person entitled to the postponement of the imprisonment sentence is the executor of the resident judgment or the military unit assigned to manage such person and compile a dossier of execution of the decision on postponement of the execution of the imprisonment sentence.
Within 03 working days from the date of receipt of the decision to postpone the execution of the imprisonment sentence, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall summon the person entitled to the postponement of the sentence to the commune-level People’s Committee of the locality where the person resides or the military unit managing such person to notify the decision and request such persons to commit in writing to strictly abide by the law. Persons entitled to postponement of imprisonment sentences must be present according to the summons, except for cases of force majeure or objective obstacles. In case the person entitled to the postponement of the imprisonment sentence fails to commit, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall make a record and notify the court that has issued the decision to postpone the execution of the imprisonment sentence for handling according to its competence.
In cases where the persons entitled to judgment deferral are not present at the request of summons, the criminal judgment enforcement agencies of the district-level Police and the military zone-level criminal judgment enforcement agencies shall coordinate with the commune-level People’s Committees and military units in verifying and requesting them to be present at the offices of the commune-level People’s Committees.  military units to carry out notification procedures and commit to strictly abide by the law.
In case the person entitled to the postponement of judgment service is being treated at a hospital or at home due to serious illness but is unable to be present at the request of the summons, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall coordinate with the commune-level People’s Committee.  the military unit and the hospital where the treatment is placed, the person’s family is postponed to carry out the procedures for notification and commitment to comply with the law.
Within 03 working days from the date of receipt of the copy of the decision on postponement of the execution of the imprisonment sentence, the commune-level People’s Committee or military unit assigned to manage the person entitled to postponement of the execution of the imprisonment sentence shall make a dossier of management of the person entitled to postponement of the execution of the imprisonment sentence.
Every month, the commune-level People’s Committees and military units assigned to manage persons entitled to postponement of imprisonment sentences must report to the criminal judgment enforcement agencies of district-level police offices and military zone-level criminal judgment enforcement agencies on the management of persons entitled to postponement of judgment execution.
Persons entitled to postponement of judgment execution may not leave their places of residence during the period of postponement of judgment execution without the consent of commune-level People’s Committees or military units and must be present at the request of summons of commune-level People’s Committees or military units assigned to manage persons entitled to postponement of judgment execution.
The change of residence or workplace of the person entitled to postponement of judgment execution shall comply with the provisions of Article 68 of this Law.
In case the person entitled to the postponement of the sentence for serious illness is being treated at a hospital other than his/her place of residence, the commune-level People’s Committee or military unit shall coordinate with his/her family in managing such person.
During the period of postponement of judgment execution, if the person entitled to postponement commits a new criminal act, runs away or violates the law, adversely affecting social security, order and safety, the commune-level People’s Committee or military unit assigned to manage the person entitled to postponement shall report to the penal judgment enforcement agency district-level police offices and military zone-level criminal judgment enforcement agencies to request the chief justices of competent courts to consider and issue decisions to cancel decisions on postponement of imprisonment sentences.
Within 03 working days from the date of issuance of the decision to cancel the decision to postpone the execution of the imprisonment sentence, the court must send such decision to the individual or agency specified in Clause 3, Article 24 of this Law. Immediately after receiving the Court’s decision, the criminal judgment enforcement agency of the district-level Police and the military zone-level criminal judgment enforcement agency shall organize the judgment enforcement.
In case the person entitled to the postponement of the sentence runs away, the criminal judgment enforcement agency of the provincial-level Police or the military zone-level criminal judgment enforcement agency shall issue a wanted decision and organize the arrest.
If the person entitled to the postponement of the execution of the imprisonment sentence dies, the commune-level People’s Committee or the military unit assigned to manage the person entitled to the postponement of the sentence must report to the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency for notification to the court that has issued the decision postpone the execution of imprisonment sentences, issue decisions to suspend judgment enforcement and settle relevant procedures.
At least 07 days before the expiration of the time limit for postponement of the execution of the imprisonment sentence, the chief justice of the court that has decided to postpone the execution of the imprisonment sentence must notify in writing the expiration of the postponement time limit and immediately send it to the individuals and agencies specified in Clause 3, Article 24 of this Law. After 07 days from the expiration of the time limit for postponement of imprisonment sentence, if the person entitled to the postponement fails to appear at the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency to serve the judgment, the head of the criminal judgment enforcement agency of the district-level police The head of the military zone-level criminal judgment enforcement agency shall issue a decision to escort judgment enforcement, except for cases of force majeure or objective obstacles.
For persons entitled to postponement of imprisonment sentences due to serious illness, if deeming that they show signs of health rehabilitation but still use health reasons to evade the execution of their sentences or persons entitled to postponement of imprisonment sentences show signs of mental illness, other diseases that cause the loss of their cognitive capacity or ability to control their acts, the criminal judgment enforcement agency of the district-level police of the locality where the person entitled to the postponement of imprisonment resides, the criminal judgment enforcement agency of the military zone where the military unit assigned to manage such person shall have to solicit medical expertise at the provincial-level hospital. hospitals of military zone level or higher or soliciting forensic psychiatric assessment at competent forensic psychiatric assessment organizations.
In case the assessment results determine that the person entitled to the postponement of judgment execution has recovered his or her health, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall take such person to the judgment serving place and notify the court that has issued the decision to postpone the judgment execution.
In case the assessment results determine that such persons suffer from mental diseases or other diseases that cause them to lose their cognitive capacity or ability to control their acts, the criminal judgment enforcement agencies of the district-level Police and the military zone-level criminal judgment enforcement agencies shall request the chief judges of the courts that have issued the judgment enforcement decisions to issue decisions to cancel the decisions on postponement of liability executing judgments and applying judicial measures to compulsory medical treatment.
Expertise expenses shall be paid by the expertise-soliciting agency.
Article 26. Dossiers of sending convicts to places of serving imprisonment sentences
A dossier of sending a convicted person to the place of serving the imprisonment sentence must contain all the following documents:
a) Legally effective court judgments or decisions; in case of appellate, cassation or reopening trials, the first-instance judgment must be enclosed;
b) Decisions on execution of imprisonment sentences;
c) Decisions of criminal judgment enforcement management agencies sending imprisonment sentence servants to prisons, detention camps or criminal judgment enforcement agencies of district-level police offices;
d) List of persons serving imprisonment sentences;
dd) A copy of the passport or papers proving the nationality of the foreigner serving the imprisonment sentence;
e) Health examination slips and other documents related to the health of the imprisonment sentence servant;
g) A written comment on the observance of internal regulations of the detention center or detention house for the person in custody;
h) Other relevant documents.
In case the child of a person sentenced to imprisonment accompanies his or her mother to a prison, a birth certificate is required. In case there is no birth certificate, there must be a birth certificate issued by the health agency where the child is born or a document of a witness if the child is born outside the medical establishment; in case the above-mentioned papers are not available, there must be a written report of the criminal judgment enforcement agency of the district-level police or detention camp transferring the sentenced person to the prison for execution of the sentence, enclosed with the mother’s written commitment to give birth to the child. Prisons shall have to organize the birth registration of children who follow their mothers into prisons in accordance with the law on civil status registration and management.
The criminal judgment enforcement management agency of the Ministry of Public Security, the criminal judgment enforcement management agency of the Ministry of National Defense, the criminal judgment enforcement agency of the provincial-level Police, the criminal judgment enforcement agency of the district-level Police and the criminal judgment enforcement agency of the military zone shall complete the dossier specified in Clause 1 of this Article. to organize the transfer of persons sentenced to imprisonment and their enclosed dossiers to be handed over to prisons, detention camps and criminal judgment enforcement agencies of district-level police that have been appointed for judgment enforcement.
Article 27. Rights and obligations of prisoners
Prisoners have the following rights:
a) To be protected life, health and property, respect for honor and dignity; to disseminate their rights and obligations, internal regulations of prisoner detention establishments;
b) To be ensured of food, accommodation, clothing, personal daily necessities and medical care as prescribed; sending, receiving letters, receiving gifts and money; reading books, newspapers, listening to radio and watching television in accordance with the conditions of the place where the judgment is served;
c) To participate in physical training, sports, cultural and artistic activities;
d) To be allowed to work, study or learn a job;
dd) To meet and contact relatives, representatives of agencies, organizations or individuals; for prisoners who are foreigners entitled to consular visits and contacts;
e) To perform civil transactions by themselves or through their representatives in accordance with law;
g) To be guaranteed the right to complain and denounce; to be proposed for consideration of special amnesty and compensation for damage in accordance with law;
h) To participate in voluntary social insurance and enjoy social insurance regimes and policies in accordance with law;
i) To use scriptures and express their beliefs and religions in accordance with law;
k) To be commended and rewarded for their achievements in the course of serving judgments.
Prisoners have the following obligations:
a/ To abide by legally effective court judgments and decisions, decisions of criminal judgment enforcement management agencies or criminal judgment enforcement agencies in the course of criminal judgment enforcement and other decisions of competent state agencies;
b) Observe the internal rules of the prisoner detention facility and the criteria for emulation of judgment serving;
c) Comply with the requests, orders and instructions of officials of the prisoner detention establishments;
d) Labor, study and vocational training as prescribed;
e) Prisoners who damage, lose or destroy other people’s property shall have to pay compensation.
Prisoners shall have other rights and obligations under the provisions of this Law.
Article 28. Reception of persons serving imprisonment sentences
Prisons, detention camps and criminal judgment enforcement agencies of district-level police appointed for judgment execution must receive imprisonment sentence servants when they have sufficient dossiers specified in Clause 1, Article 26 of this Law.
When receiving persons serving prison sentences, prisons or detention camps, the criminal judgment enforcement agencies of district-level police departments shall have the following responsibilities:
a) Examine information to identify the correct person serving the imprisonment sentence according to the court’s judgment enforcement decision;
b) Make a record of handing over and receiving imprisonment sentence servants; record of handover of dossiers and documents;
c) Examining persons serving imprisonment sentences; inspect and handle objects carried before being put into the cell;
d) Organize medical examinations for prison sentence servants and children under 36 months old who follow their mothers to prisons (if any);
dd) Explanation of the rights and obligations of prisoners; disseminate the internal regulations of prisoner detention establishments.
Agencies receiving and disseminating to prisoners shall comply with the following regulations:
a) Only the prescribed utensils may be brought into the cell; in case of unused personal belongings, money, valuable papers, electronic payment cards, gold, silver, gems or precious metals, they must be sent to prisons, detention camps or criminal judgment enforcement agencies managed by district-level police offices; in case inmates wish to transfer money, utensils and personal belongings to their relatives or representatives and bear their own expenses, the prisons, detention camps and criminal judgment enforcement agencies of district-level police shall have to transfer or hand them over directly to their relatives or representatives at the places where the sentences are served;
b) Not to use money and valuable papers at the place where the judgment is served. The purchase of food, food and other goods by inmates to serve life and activities at the place of serving the sentence shall be carried out in the form of purchase through the depository book;
c) Objects on the list of prohibited objects prescribed by the Minister of Public Security or the Minister of National Defense must not be brought into the place of judgment serving.
Within 05 working days from the date of receipt of the judgment servant, prison or detention camp, the criminal judgment enforcement agency of the district-level police shall notify the court that has issued the judgment enforcement decision and the relatives of the imprisonment sentence serving the information and report to the criminal judgment enforcement management agency.
Article 29. Prisoner Records
Dossiers and documents specified in Clauses 1 and 2, Article 26 of this Law.
The record of delivery and receipt of the person serving the imprisonment sentence; record of handover of dossiers and documents; the record of delivery and receipt of money and other assets of the person serving the imprisonment sentence shall be deposited or assigned to their relatives or representatives for management; decisions and minutes on handling of items on the list of prohibited items (if any).
Documents reflecting the results of compliance with regulations on execution of imprisonment sentences; documents on health, medical examination and treatment; documents related to the exercise of rights and obligations of imprisonment sentence servants during the sentence serving period; documents on the performance of civil obligations; records and disciplinary decisions on violations of internal regulations of prisoner detention establishments, the law on imprisonment sentence execution, documents related to the settlement of complaints and denunciations, requests and proposals of judgment servants, documents on consular visits and contacts (if any).
Other relevant documents in the course of serving the judgment.
Article 30. Detention of prisoners
Prisons shall organize the detention of prisoners as follows:
a) Detention areas for prisoners sentenced to more than 15 years of imprisonment, life imprisonment, prisoners in dangerous recidivism;
b) Detention areas for prisoners with imprisonment sentences of 15 years or less; inmates with imprisonment sentences of more than 15 years have had their imprisonment term reduced and the remaining sentence serving term is less than 15 years; inmates in dangerous recidivism cases, have served half of their imprisonment term and have had their sentence served reduced;
c) Disciplinary chambers for disciplined prisoners.
In the detention zones specified in Clause 1 of this Article, the following inmates shall be placed in separate detention:
a) Female prisoners;
b) The inmate is a person under 18 years old;
c) Prisoners who are foreigners;
d) Inmates who suffer from group A infectious diseases under the Law on Prevention and Control of Infectious Diseases;
dd) Inmates show signs of mental illness or other diseases that cause them to lose their cognitive capacity or ability to control their acts while waiting for the Court’s decision;
e) Inmates with children under 36 months old who follow their mothers into prisons;
g) Inmates regularly violate the internal regulations of inmate detention establishments.
Prisoners who are homosexuals, gender reassigners or persons whose gender has not yet been clearly determined may be detained separately.
In detention camps, the inmates specified at Points a and g, Clause 2 of this Article shall be placed in separate detention.
Prisoners shall be divided into teams and groups for labor, study and daily life. Based on the nature of the crime, the penalty level, the personal characteristics of the prisoners, and the results of serving the sentences, the prison superintendents and detention camp superintendents shall decide on the classification and transfer of detention areas.
Article 31. Study and vocational training regime of prisoners
Prisoners shall be entitled to law dissemination, civic education and cultural and vocational training. Illiterate prisoners must learn culture to eradicate illiteracy. Prisoners who are foreigners are encouraged to learn Vietnamese. Inmates are allocated 01 day a week to study and apprenticeship, except for Sundays, holidays and Tet as prescribed by law.
Based on the requirements for management, education and rehabilitation of inmates and the duration of serving their sentences, prisons and detention camps shall organize teaching and learning for inmates; based on actual conditions, the criminal judgment enforcement agency of the district-level Police organizes teaching for prisoners.
Programs and contents of study and vocational training of inmates shall be prescribed by the Government.
Article 32. Labor regime of prisoners
Prisoners shall be organized to work in accordance with their age and health and meet the requirements of management, education and community integration. Labor prisoners must be under the supervision and management of prisons and detention camps. The working hours of inmates shall not exceed 08 hours in 01 day and 05 days in 01 week, and shall be entitled to rest on Sundays, holidays and Tet as prescribed by law. In case of irregular or seasonal cases, prison superintendents may request prisoners to work overtime but must not exceed the total number of overtime hours in a day in accordance with the labor law. In case inmates work overtime or work on holidays, they are entitled to compensatory leave or remuneration in money or in kind.
Prisons must apply necessary measures to ensure occupational safety and hygiene for prisoners.
Female prisoners shall be assigned to do jobs suitable to their gender; must not be arranged to do jobs that do not employ female employees in accordance with the labor law.
Inmates who are sick or have physical or mental disadvantages shall, depending on the severity and nature of their illnesses and on the basis of the designation of the prison or detention camp doctors, be exempt from or reduce their working hours.
Inmates are entitled to leave from work in the following cases:
a) The inmate is sick, unhealthy enough to work and certified by the prison doctor;
b) Inmates who are being treated at medical establishments;
c) Inmates who have children under 36 months old who are living with their mothers in prisons and are sick and are certified by prison doctors;
d) Pregnant female inmates are entitled to leave from work before and after giving birth in accordance with the labor law.
Article 33. Labor organization for prisoners
Based on the age, health, gender, sentence level, nature and severity of criminal acts of the inmates; conditions of land, resources, branches, trades, equipment, means, supplies and capital sources that the prison is managing and the specific conditions of the prison; the ability to cooperate with organizations and individuals to organize labor for prisoners, prison superintendents shall make plans to organize labor for prisoners in the year and send them to the criminal judgment enforcement management agencies of the Ministry of Public Security and the criminal judgment enforcement management agencies of the Ministry of National Defense for approval.
An annual plan on organization of labor for prisoners must contain the following basic contents:
a) The total number of inmates, including the number of inmates who are eligible for labor as prescribed by law;
b) Estimated expenses for labor; depreciation of fixed assets;
c) Expected labor results of inmates; the difference between revenues and expenditures in the labor organization of inmates;
d) Estimate and propose plans for the use of labor results of prisoners.
Prisons shall organize labor for prisoners according to plans approved by competent authorities specified in Clause 1 of this Article.
The Government shall detail this Article.
Article 34. Use of labor results of prisoners
Labor results of inmates after deducting reasonable expenses shall be used as follows:
a) Supplementing the diet level for inmates;
b) Establish a community integration fund to support inmates upon completion of their imprisonment sentences;
c) Addition to the prison’s welfare and commendation fund;
d) Expenditures on support for re-investment in prisons in service of labor organization, education and vocational training for prisoners; improve skills for inmates preparing to complete their prison sentences;
dd) Pay part of the labor remuneration to inmates who directly participate in production labor; expenditures on support for prisoners suffering from occupational accidents.
Prisoners may use the bonus amount specified at Point c, Clause 1 of this Article and the amount of money received specified at Point dd, Clause 1 of this Article or send it to the prison for management and receive it back when they completely serve their imprisonment sentences.
The revenues and expenditures from labor and vocational training activities of inmates shall be effected as follows:
a) Prisons shall open accounting books and the recording and accounting of arising financial revenues and expenditures and financial statements shall comply with the regime of administrative and non-business accounting. All revenues and expenditures from labor and vocational training activities of prisoners shall be reflected through the system of financial and accounting books of prisons;
b) The prison shall fully include the expenses specified in Clause 1 of this Article into the product price;
c) The report on revenues and expenditures from labor activities of prisoners in prisons is a general report on data, situation and results of revenues and expenditures from labor organization activities for prisoners. Prison superintendents shall be responsible for making general reports and detailed explanatory reports on the results of revenues and expenditures from labor activities of prisoners and sending them to the criminal judgment enforcement management agencies of the Ministry of Public Security and the Ministry of National Defense;
d) Criminal judgment enforcement management agencies under the Ministry of Public Security and the Ministry of National Defense shall appraise and approve reports on revenues and expenditures from inmates’ labor activities and report to financial management agencies of the Ministry of Public Security and the Ministry of National Defense for general consolidation in annual budget settlement reports of the Ministry of Public Security. The Ministry of National Defense in accordance with law.
The Government shall detail this Article.
Article 35. Classification of serving imprisonment sentences
During the time of serving the imprisonment sentence, the prisoner may comment and evaluate the results of serving the imprisonment sentence on a weekly, monthly, quarterly, 06-month and 01-year basis. The comments and evaluations must ensure objectivity, fairness, publicity, democracy and continuity.
Based on the results of the implementation of the standards for emulation of the execution of imprisonment sentences, the internal regulations of the establishments of detention of prisoners, study and re-education labor, and the results of remedying consequences caused by criminal acts, to comment, evaluate and rank the execution of imprisonment sentences for prisoners according to one of the good levels. good, average, poor.
The results of grading the serving of imprisonment sentences on a quarterly, 06-month or 01-year basis must be in writing and kept in the prisoner’s dossier. Prisoners who have made meritorious deeds shall be raised to serve their prison sentences.
The Government shall detail this Article.
Article 36. Procedures for requesting suspension of imprisonment sentence execution
The competence to request the suspension of the execution of imprisonment sentences is prescribed as follows:
a) Prisons and detention camps under the Ministry of Public Security and the Ministry of National Defense;
b) Criminal judgment enforcement agencies of provincial-level police and military zone-level criminal judgment enforcement agencies;
c) Provincial-level People’s Procuracies and military zone-level Military Procuracies.
The competent agency where the inmate is serving the sentence specified in Clause 1 of this Article shall compile a dossier of request for suspension of the execution of the imprisonment sentence and transfer it to the competent court for consideration and decision.
Within 07 days from the date of receipt of the dossier of request for suspension of imprisonment sentence, the chief judge of the provincial-level People’s Court or the chief judge of the military zone-level military court where the prisoner is serving the sentence must consider and make a decision. In case of refusal to agree to the suspension of the execution of the imprisonment sentence, the chief justice of the court must send a written notice to the procuracy of the same level and the agency requesting the suspension, clearly stating the reason for refusal.
The suspension of the execution of imprisonment sentences for trial according to cassation or reopening procedures shall be decided by the protesters.
Article 37. Execution of decisions on suspension of imprisonment sentences
Immediately after issuing a decision to suspend the execution of a prison sentence, the court must send such decision to the following individuals or agencies:
a) The suspended person and his/her representative in case the suspended person is under 18 years of age;
b) The agency requesting the suspension, the prison, the detention camp, the criminal judgment enforcement agency of the district-level police of the locality where the suspended person is serving the sentence;
c) Criminal judgment enforcement agencies of district-level police offices, commune-level People’s Committees of the localities where the suspended persons reside, or military units assigned to manage such persons;
d) Procuracies of the same level;
dd) The court has issued the judgment enforcement decision;
e) The provincial-level Justice Department of the locality where the court has issued the decision on suspension is headquartered;
g) The Ministry of Foreign Affairs in case the suspended person is a foreigner.
In case the chairman of the procuracy decides to suspend the execution of the imprisonment sentence, such decision must be sent to the provincial-level Justice Department of the locality where the procuracy has issued the decision is headquartered and the individuals and agencies specified at Points a, b, c, dd and g, Clause 1 of this Article.
Prisons, detention camps and criminal judgment enforcement agencies of district-level police that are managing the suspended persons shall organize the assignment of the suspended persons to the commune-level People’s Committees of the localities where such persons reside or the military units assigned to manage such persons; Relatives of the suspended persons shall receive the suspended persons.
In case the suspended person suffers from a serious illness and is undergoing treatment at a hospital, the prison, detention center or criminal judgment enforcement agency of the district-level police shall assign the suspended person to his/her relatives at the hospital, make a record of handing over the person, notify and send the record of handing over the person to the criminal judgment enforcement agency of the district-level police  military zone-level criminal judgment enforcement agencies. The criminal judgment enforcement agencies of the district-level police of the localities where such persons reside and the military zone-level criminal judgment enforcement agencies assigned to manage them shall coordinate with their relatives in monitoring and managing the suspended persons during the time they are treated at hospitals. In case the suspended person is discharged from the hospital, the criminal judgment enforcement agency of the district-level police of the locality where such person returns to reside, the military zone-level criminal judgment enforcement agency assigned to manage the suspended person shall assign the suspended person to the commune-level People’s Committee of the locality where such person returns to reside.  military units assigned to manage.
Within 03 working days from the date of receipt of the decision on suspension of the execution of the imprisonment sentence, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency of the locality where the suspended person resides shall compile a dossier of execution of the suspended decision.
Within 03 working days from the date of receipt of the handover of the suspended person or the record of handing over the suspended person, the commune-level People’s Committee of the locality where the suspended person resides, the military unit assigned to manage the suspended person shall compile a dossier on management of the suspended person.
During the suspension period, the suspended person may not leave his/her place of residence without the consent of the commune-level People’s Committee of the locality where he/she resides or the military unit assigned to manage it; reports on the law observance situation at the request of the commune-level People’s Committees of the localities where such persons reside or the military units assigned to manage them; must voluntarily report to the criminal judgment enforcement agency of the district-level Police or the military zone-level criminal judgment enforcement agency upon the expiration of the suspension period or when the health recovers to continue serving the judgment.
The commune-level People’s Committee of the locality where such person returns to reside, the military unit assigned to manage the suspended person shall have to monitor and supervise the suspended person, consider and settle the removal of such person from his/her place of residence or workplace; summoning the suspended person to request a report on the observance of law during the suspension period; must monthly report to the criminal judgment enforcement agencies of district-level police offices and military zone-level criminal judgment enforcement agencies on the management of suspended persons.
The continuation of judgment enforcement against the suspended person shall be carried out as follows:
a) At least 07 days before the expiration of the suspension period, the chief judge of the court that has decided to suspend the execution of the imprisonment sentence must notify in writing and immediately send such notice to the individual or agency specified in Clause 1 of this Article. After 07 days from the expiration of the time limit for suspension of imprisonment sentence, if the suspended person fails to appear at the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency to serve the judgment, the head of the criminal judgment enforcement agency of the district-level police The head of the military zone-level criminal judgment enforcement agency shall issue a decision to escort judgment enforcement, except for cases of force majeure or objective obstacles;
b) For a person who is temporarily suspended from serving a prison sentence for the reason of serious illness, if deeming that there are signs of health rehabilitation but still use health reasons to evade the execution of the judgment or the person who is suspended from serving the sentence shows signs of mental illness, other diseases that cause the loss of cognitive capacity or ability to control his/her acts, the criminal judgment enforcement agency of the district-level police of the locality where the suspended person resides, the military zone-level criminal judgment enforcement agency of the locality where the unit assigned to manage such person shall have to solicit medical expertise at the provincial-level hospital. hospitals of military zone level or higher or soliciting forensic psychiatric assessment at competent forensic psychiatric assessment organizations.
In case the assessment results determine that the person who is suspended from serving the judgment has recovered his health, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall take such person to the place of judgment execution and notify the court that has issued the suspension decision.
In case the assessment results determine that such persons suffer from mental diseases or other diseases that cause them to lose their cognitive capacity or ability to control their acts, the criminal judgment enforcement agencies of district-level police offices or military zone-level criminal judgment enforcement agencies shall request the courts that have issued judgment enforcement decisions to issue decisions to cancel the decisions on suspension and application compulsory judicial measures.
Expertise expenses shall be paid by the expertise-soliciting agency.
During the period of suspension, if the suspended person commits a new criminal act, flees or violates the law, adversely affecting social security, order and safety, the commune-level People’s Committee of the locality where the suspended person resides, the military unit assigned to manage the suspended person shall report to the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency for notifying the court that has issued the suspension decision. Within 03 working days from the date of receipt of the notice, the court that has issued the suspension decision must consider issuing a decision to cancel the suspension decision and send such decision to the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency. Procuracies of the same level.
In case the suspended person escapes, the criminal judgment enforcement agency of the provincial-level police or the military zone-level criminal judgment enforcement agency shall issue a wanted decision and organize the arrest.
In case of death of the suspended person, the commune-level People’s Committee of the locality where such person resides or the military unit assigned to manage such person shall report to the criminal judgment enforcement agency of the district-level Police or the military zone-level criminal judgment enforcement agency for notifying the court that has issued the suspension decision and the court that has issued the exam decision judgment enforcement. In case the suspended person dies while undergoing treatment at a hospital as prescribed in Clause 3 of this Article, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall notify the court that has issued the suspension decision and the court that has issued the judgment enforcement decision. Procuracies of the same level.
Within 03 working days from the date of receipt of the notice, the court that has issued the judgment enforcement decision must issue a decision to suspend judgment enforcement and send it to the agency specified at Points b, c, d, e and g, Clause 1 of this Article and the court that has issued the decision to suspend judgment enforcement.
Article 38. Procedures for reducing the term of imprisonment
The competent agencies specified at Points a and b, Clause 1, Article 36 of this Law may request the reduction of the term of serving imprisonment sentences.
The agency competent to request the reduction of the imprisonment term shall compile a dossier and transfer it to the provincial-level People’s Court or the military zone-level Military Court of the locality where the prisoner is serving the sentence for consideration and decision, and at the same time send 01 set of dossier to the procuracy of the same level as the court. The dossier comprises:
a) A copy of the judgment; in case of consideration for judgment reduction from the second time, the copy of the judgment shall be replaced with a copy of the judgment enforcement decision;
b) A written request of a competent agency for reduction of the imprisonment term term;
c) Results of grading the serving of imprisonment sentences on a quarterly, 06-month, 01-year basis; the commendation decision or the competent agency’s certification of the inmate’s meritorious deeds;
d) The conclusion of the hospital or the medical assessment council of the provincial or military zone level or higher on the medical condition in case the prisoner suffers from a serious disease or documents showing that the prisoner is too old or frail;
dd) A copy of the decision on reduction of the imprisonment term in case of reduction;
e) Documents proving the result of compensation for civil obligations of the person proposed to reduce the term of imprisonment.
Within 15 days from the date of receipt of the dossier of request for reduction of the imprisonment term, the chief judge of the provincial-level People’s Court or the chief judge of the military zone-level military court where the prisoner is serving the sentence shall set up a council and hold a meeting to consider and decide to reduce the term of serving the imprisonment sentence. The Council consists of 03 Judges; the meeting was attended by procurators of the procuracies of the same level. In case the dossier must be supplemented at the request of the Court, the time limit for opening the meeting shall be counted from the date of receipt of the supplementary dossier.
Within 03 working days from the date of issuance of the decision on the reduction of the imprisonment term term, the court shall send such decision to the judgment servant, the agency requesting the reduction of the judgment serving duration, the procuracy of the same level, the immediate superior procuracy The court that has issued the judgment enforcement decision, the Department of Justice where the court issues the decision to reduce the imprisonment term is headquartered, the Ministry of Foreign Affairs in case the person entitled to the reduction of the sentence term is a foreigner.
The consideration for reduction of the term of imprisonment shall be carried out in 03 installments per year. Judgment servants may only be considered for reduction of the sentence term 01 time per year. In case after the sentence term is reduced, there is a special reason worthy of further leniency such as having made meritorious deeds, being too old or suffering from a serious illness, they may be considered for further reduction but not more than 02 times in 01 year.
Article 39. Procedures for exemption from serving imprisonment sentences
The provincial-level People’s Procuracies and the military zone-level Military Procuracies of the localities where the imprisonment sentence servants are residing or working shall compile dossiers to request the provincial-level People’s Courts or military zone-level Military Courts to consider exemption from serving imprisonment sentences. The dossier comprises:
a) A copy of the legally effective court judgment or decision;
b) A written request of the chairman of the competent procuracies;
c) An application for exemption from serving the imprisonment sentence of the convict;
d) For convicts who have made meritorious or major merits, there must be a report certified by a competent agency; for a person convicted of a serious disease, there must be a conclusion of the hospital, the medical assessment council of the province or military zone level or higher; for convicts who have well observed the law and have extremely difficult family circumstances, they must have the certification of the local administration where they reside.
Within 15 days after receiving the dossier of request for exemption from serving the imprisonment sentence, the chief justice of the court is competent to set up a council and hold a meeting to consider and decide on the exemption from serving the imprisonment sentence. The Council consists of 03 Judges; the meeting was attended by procurators of the procuracies of the same level. In case the dossier must be supplemented at the request of the Court, the time limit for opening the meeting shall be counted from the date of receipt of the supplementary dossier.
Within 03 working days from the date of issuance of the decision on exemption from serving the imprisonment sentence, the court shall send such decision to the judgment servant, the procuracy at the request, the immediate superior procuracy or the criminal judgment enforcement agency of the same level, the court that has issued the judgment enforcement decision, The commune-level People’s Committee of the locality where the person exempted from serving the judgment resides, the military unit assigned to manage such person, the provincial-level Justice Department of the locality where the court has issued the decision is headquartered, the Ministry of Foreign Affairs in case the person exempted from serving the judgment is a foreigner.
Immediately after receiving decisions on exemption from serving imprisonment sentences, prisons or detention camps, the criminal judgment enforcement agencies of district-level police offices shall carry out procedures for releasing persons exempted from serving judgments and report the results to the criminal judgment enforcement management agencies or superior criminal judgment enforcement agencies.
Article 40. Extracting prisoners
Agencies and persons competent to conduct proceedings at the request of extracting prisoners must send written requests to the criminal judgment enforcement management agencies, criminal judgment enforcement agencies of provincial-level Police Departments or military zone-level criminal judgment enforcement agencies where the agencies and persons competent to conduct procedures shall send written requests to the criminal judgment enforcement agencies of the persons competent to conduct proceedings shall request extraction in order to request the competent persons specified in Clause 2 of this Article to issue extraction orders. Upon receipt of a request for the extraction of prisoners, the competent person must issue an order for extraction.
The competence to extract prisoners in service of investigation, prosecution and trial shall be implemented as follows:
a) The head of the criminal judgment enforcement management agency of the Ministry of Public Security shall issue an order for the extraction of prisoners who are serving their sentences in prisons or detention camps under the Ministry of Public Security;
b) The head of the criminal judgment enforcement management agency of the Ministry of National Defense shall issue an order for the extraction of prisoners serving their sentences in prisons or detention camps under the Ministry of National Defense; Heads of military zone-level criminal judgment enforcement agencies shall issue extraction orders for prisoners serving sentences in military zone-level prisons or detention centers;
c) The head of the criminal judgment enforcement agency of the provincial-level police shall issue an order for the extraction of inmates who are serving their sentences in detention camps or inmates directly managed by the criminal judgment enforcement agencies of the district-level police.
In case of extraction of inmates to serve the requirements of detention management, education and reform, medical examination and treatment or to take care of children of inmates who are living with their mothers in detention establishments, they must be sent for examination and treatment at medical examination establishments. for medical treatment, the prison superintendent, the detention center superintendent or the head of the criminal judgment enforcement agency of the district-level police shall order the extraction.
An order for the extraction of prisoners must contain the following contents:
a) Agency, full name, position and rank of the person issuing the order;
b) Full name, date of birth, place of residence, date of arrest, crime, time limit and place where the prisoner is serving his or her imprisonment sentence;
c) Purpose and duration of extraction;
d) Agencies and persons receiving extracted prisoners (if any);
dd) Date, month and year of issuance of the order; signature of the person who gave the order and stamped.
Prison superintendents, detention camp superintendents and heads of criminal judgment enforcement agencies of district-level police offices shall inspect, hand over and make records of delivery and receipt of extracted prisoners. In case the extraction period is 02 months or more and the extraction time is equal to the remaining time of serving the prison sentence of the extracted prisoner, the prisoner shall be handed over together with the dossier and papers, objects, money and other assets (if any) of the extracted prisoner to the agency, the person competent to receive the extracted prisoner shall issue a certificate of complete execution of the imprisonment penalty upon the expiration of the term and record the extraction monitoring book.
The criminal judgment enforcement agency of the provincial-level police, the criminal judgment enforcement agency of the district-level police and the criminal judgment enforcement agency of the military zone where the agency or person conducting the procedure requests the extraction shall have the task of receiving, escorting and managing the prisoner and the prisoner’s dossier extracted during the extraction period.
In case of taking the extracted prisoner out of the judgment serving place, the criminal judgment enforcement agency of the provincial-level police or the military zone-level criminal judgment enforcement agency receiving the extracted prisoner must ensure the diet, accommodation and daily life for such prisoner in accordance with law during the extraction period. Based on the extraction order, the detention center or detention house where the investigating, prosecuting or adjudicating agency requests the management of the extracted prisoner in accordance with law.
In case the extracted prisoner is not taken out of the judgment serving place, the prison, detention center or criminal judgment enforcement agency of the district-level police shall ensure the diet, accommodation, daily life and management of such prisoner outside the time the agency or person receiving the extracted prisoner works with the prisoner.
Upon the expiration of the extraction time limit, the agencies receiving the extracted prisoners must send notices to the criminal judgment enforcement management agencies of the Ministry of Public Security, the Ministry of National Defense, the criminal judgment enforcement agencies of the provincial-level Police and the military zone-level criminal judgment enforcement agencies and hand over the extracted prisons to prisons. detention camps or criminal judgment enforcement agencies of district-level Police to continue executing judgments, except for cases where the extraction duration is equal to the remaining time of serving the imprisonment sentence specified in Clause 5 of this Article; if there is a need to continue extraction, it is proposed to extend the extraction period; the time limit for extraction and extension of extraction must not be longer than the remaining term of serving the prisoner’s prison sentence.
The extraction time shall be included in the term of serving the imprisonment sentence, except for cases where such prisoners escape during the extraction period.
The extraction does not affect the consideration of reducing the term of serving the prison sentence or early release of the prisoner before the conditional term.
Article 41. Commendation and reward of prisoners
During the time of serving their imprisonment sentences, inmates who have well observed the internal regulations of inmate detention establishments and have achievements in labor, study or meritorious achievements shall be commended and rewarded in one or more of the following forms:
a) Commendation;
b) Monetary or in-kind rewards;
c) Increase the number of times contacted by telephone, the number of times to meet relatives, the number of times and the number of gifts received.
Prison superintendents, detention camp superintendents under the Ministry of Public Security, detention camp superintendents under the Ministry of National Defense, heads of criminal judgment enforcement agencies of provincial-level police and heads of military zone-level criminal judgment enforcement agencies shall decide on commendation and reward of prisoners. The commendation and reward must be in writing and kept in the prisoner’s file. Prisoners who are rewarded may be proposed to consider reducing the term of imprisonment in accordance with law.
Article 42. Settlement of cases of escaped prisoners
When prisoners escape, prisons, detention camps, criminal judgment enforcement agencies of provincial-level Police Departments, criminal judgment enforcement agencies of district-level Police Departments or military zone-level criminal judgment enforcement agencies must immediately organize arrests, report to criminal judgment enforcement management agencies and notify competent procuracies. Within 24 hours after detecting the escaped prisoner, if the arrest is fruitless, the prison superintendent, the superintendent of the detention camp under the Ministry of Public Security, the superintendent of the detention camp under the Ministry of National Defense, the head of the criminal judgment enforcement agency of the provincial-level Police, The heads of the military zone-level criminal judgment enforcement agencies must issue wanted decisions and organize the arrest.
All cases of escaped prisoners must be recorded and measures to prevent, investigate and handle in accordance with the law on criminal procedures.
If an inmate has escaped and surrendered, the agency receiving the inmate surrender shall make a record and handle it according to its competence or hand over such inmate to the nearest criminal judgment enforcement agency for handling according to the provisions of law.
Article 43. Handling of violating inmates
Inmates who violate the internal regulations of inmate detention establishments or commit acts of law violation shall, depending on the nature and seriousness of their violations, be disciplined in one of the following forms:
a) Reprimand;
b) Warning;
c) Detention in the disciplinary cell for up to 10 days.
During the period of detention in the discipline cell, prisoners are not allowed to see their relatives and may be shackled. Leg shackles are not applied to female inmates, inmates under 18 years old, inmates who are elderly and infirm.
Prison superintendents, detention camp superintendents and heads of criminal judgment enforcement agencies of district-level police shall decide on disciplining inmates in writing and keep inmate files.
In case the prisoner’s violation shows signs of a crime falling under the investigating competence of the prison superintendent, the prison superintendent shall issue a decision to institute a criminal case and conduct a number of investigative activities in accordance with law. In case it does not fall under its investigating competence, it must propose the competent investigating agency to institute a criminal case in accordance with law.
In case the violations committed by inmates being held in detention camps or detention houses of district-level police departments show signs of crimes, the superintendents of detention camps or heads of criminal judgment enforcement agencies of district-level police shall propose competent investigating agencies to institute criminal cases in accordance with law.
The Government shall detail this Article.
Article 44. Notification of judgment execution; coordinate with prisoners’ families, agencies, organizations and individuals participating in prisoner education and rehabilitation
Prisons, detention camps and criminal judgment enforcement agencies of district-level police offices shall notify their relatives of the execution of sentences of inmates every 6 months.
Prisons, detention camps and criminal judgment enforcement agencies of district-level police departments shall coordinate with prisoners’ families, local administrations, agencies, organizations and individuals interested in encouraging prisoners to actively study, work and train in order to enjoy the State’s leniency; support educational and vocational training activities for prisoners and prepare necessary conditions for prisoners to reintegrate into the community after serving their prison sentences.
Article 45. Community reintegration
Prisons, detention camps and criminal judgment enforcement agencies of district-level police departments shall organize preparations for community reintegration before prisoners completely serve their prison sentences, are granted special amnesty or released from prison before the conditional time limit. The content of preparation for community reintegration includes:
a) Psychological counseling, support for legal procedures;
b) Career orientation and job search;
c) Support part of the funding from the community integration fund of the prison.
Funding for community reintegration includes:
a) Funds allocated by the state budget;
b) Community integration funds of prisons and other funds as prescribed by law;
c) Voluntary contributions of agencies, organizations and individuals and other lawful revenue sources.
The State encourages agencies, organizations, units and individuals to create conditions and assist persons who have completely served their prison sentences, persons granted special amnesty or persons released from prison before the conditional time limit to reintegrate into the community by the following measures:
a) Information, communication and education on community reintegration;
b) Providing vocational training and job creation;
c) Psychological assistance and support for legal procedures;
d) Other support measures.
The Government shall detail this Article.
Article 46. Release of prisoners
Two months before the expiration of the prison sentence term of an inmate, the prison or detention camp of the Ministry of Public Security, the Ministry of National Defense, the criminal judgment enforcement agency of the provincial-level Police or the military zone-level criminal judgment enforcement agency shall notify the criminal judgment enforcement agency of the district-level Police Department, commune-level People’s Committees, agencies and organizations where the prisoners have completely served their prison sentences reside or work, the Ministry of Foreign Affairs in case the prisoners are foreigners. The contents of the notice include the results of serving the imprisonment sentence, the additional penalties that the inmate still has to serve and other relevant necessary information for consideration, arrangement and creation of a normal life for that person.
In case it is not possible to identify the places where the prisoners have completely served their imprisonment sentences reside, the prisons or detention camps of the Ministry of Public Security, the Ministry of National Defense, the criminal judgment enforcement agencies of the provincial-level Police and the military zone-level criminal judgment enforcement agencies shall propose to the commune-level People’s Committees of the localities where the prisoners have served their sentences or the agencies or  other organizations to receive persons who have completely served their imprisonment sentences to reside.
On the last day of the term for serving imprisonment sentences, prisons or detention camps, the criminal judgment enforcement agencies of the provincial-level Police and the military zone-level criminal judgment enforcement agencies shall complete the procedures prescribed by law for the release of prisoners; to issue certificates of complete execution of imprisonment sentences to persons who have completely served their prison sentences, to provide money from the Community Inclusion Fund, to provide transportation and meal allowances while traveling back to their places of residence or workplaces; to fully return papers, objects, money and other assets that the prisoners have sent at the places where the imprisonment sentences are served.
In case an inmate is extracted for investigation, prosecution or trial and the extraction time is 02 months or more and the extraction time is equal to the remaining imprisonment sentence, the agency competent to receive the extracted prisoner shall notify as prescribed in Clause 1 of this Article. to grant certificates of complete execution of imprisonment sentences, release them to the extracted persons and settle relevant procedures, obligations, rights and interests of the extracted persons under the provisions of Clause 2 of this Article if such persons are not held in custody for other crimes under decisions of competent procedure-conducting agencies.
Prisoners who are foreigners who have completely served their imprisonment sentences shall be granted certificates of complete execution of their imprisonment sentences and stay at accommodation establishments designated by the criminal judgment enforcement management agencies while waiting for exit procedures.
The agency that has issued the certificate of complete execution of the imprisonment sentence shall send such certificate to the National Center for Judicial Records, the court that has issued the judgment enforcement decision, the agency responsible for executing the additional penalties, the notified agency specified in Clause 1 of this Article and notify in writing to the executing agency the civil part of the criminal judgment or decision.
Article 47. Execution of decisions on receipt and transfer of persons serving imprisonment sentences
The execution of decisions on admission of persons serving imprisonment sentences from abroad to Vietnam for judgment execution shall be carried out as follows:
a) Upon issuance of a decision on enforcement of a decision on receipt of a person serving an imprisonment sentence who is being transferred from abroad to Vietnam for judgment serving, the Criminal Judgment Enforcement and Judicial Assistance Police shall organize the reception and handover of the convicted person to the prison under the decision of the criminal judgment enforcement management agency of the Ministry of Public Security;
b) The regime of management of detention, education and rehabilitation, rights and obligations of the transferred imprisonment sentence servants shall comply with the provisions of this Law and other relevant laws.
The execution of decisions on transfer of persons serving imprisonment sentences in Vietnam to foreign countries shall be carried out as follows:
a) Upon receipt of a decision on execution of a decision on transfer of a person serving an imprisonment sentence in Vietnam to a foreign country, the prison shall hand over the inmate to the criminal judgment enforcement and judicial assistance police. The handover must be recorded and the prisoner’s dossier must be kept;
b) The criminal judgment enforcement and judicial assistance police shall have the task of escorting the transferred person to the place and time agreed in advance by the competent agency of Vietnam and the transfer-requesting country.
The Government shall detail this Article.
Section 2. DIET, CLOTHING, ACCOMMODATION, DAILY LIFE AND MEDICAL CARE FOR INMATES
Article 48. Diet and accommodation for inmates
Prisoners shall be ensured with quantitative standards on rice, green vegetables, meat, fish, sugar, salt, fish sauce, cooking oil, monosodium glutamate and fuel. For prisoners who work heavily and hazardously as prescribed by law, the amount of food can be increased but must not exceed 02 times the standard meal on weekdays. On holidays and Tet as prescribed by law, prisoners are allowed to eat more, but the food level does not exceed 05 times the standard meal on weekdays.
Based on the requirements for ensuring the health of prisoners in the course of detention, labor and study at the place where the sentence is served, the Government shall specify the food norms suitable to economic conditions, budget and market price fluctuations. Prison superintendents, detention camp superintendents, heads of criminal judgment enforcement agencies of district-level police may decide to swap the amount of food to suit the reality so that prisoners can eat all the standards.
In addition to the food standards specified in Clause 1 of this Article, prisoners may use their gifts and money to eat more, but not more than 03 times in 01 month for each prisoner.
Prisoners are guaranteed to eat and drink hygienically. The cooking for inmates shall be undertaken by inmates under the supervision and inspection of prisons, detention camps, and criminal judgment enforcement agencies of district-level police.
Kitchens for prisoners are provided with necessary tools for cooking, heating drinking water and distributing food to prisoners according to standard rations.
Inmates may stay in collective cells, except for inmates who are being held separately under the provisions of Points d, dd, e, g, Clause 2 and Clause 3, Article 30 of this Law. The minimum sleeping place for each inmate is 02 m². For inmates with small children living with them, a minimum sleeping area of 03 m2 shall be arranged.
Article 49. Regime of clothing and personal belongings of prisoners
Prisoners shall be provided with uniform clothing, face towels, blankets, mats, curtains, sandals, hats or hats, soap, cream and toothbrushes; female inmates are provided with additional necessary utensils for women’s hygiene. Prisoners participating in labor shall be provided with additional clothes for labor and based on specific working conditions, necessary labor protective equipment.
The Government shall detail this Article.
Article 50. Regime of physical training, sports, cultural and artistic activities and the use of scriptures and expression of beliefs and religions of prisoners
Prisoners may engage in physical training, sports, cultural and artistic activities, read books, newspapers, listen to radio and watch television in accordance with the conditions of the places where they serve their sentences.
Each sub-camp of the prison has a library, amusement park, sports field, equipped with an internal radio system, each collective cell is equipped with 01 television.
The duration of physical training, sports, cultural and artistic activities, reading books, newspapers, listening to radio and watching television of prisons shall comply with the internal regulations of prisons.
Religious inmates may use textbooks published in the form of printed and lawfully distributed books and express their beliefs and religions in accordance with the law on beliefs and religions.
Article 51. Regimes for female prisoners who are pregnant or nursing children under 36 months old
Pregnant female inmates who are not entitled to the suspension of serving their imprisonment sentences shall be provided with reasonable detention places, periodic or irregular prenatal examinations, medical care in case of necessity, reduced working hours, and enjoyed diets and drinks to ensure their health.
Pregnant female inmates are entitled to leave from work before and after giving birth in accordance with the labor law. During the maternity leave, inmates are ensured to eat standards and quantities according to the instructions of doctors or doctors, and are provided with food and utensils necessary for the care of newborns. Female inmates raising children under 36 months old are allocated appropriate time to take care of and nurture their children.
Children under 36 months of age and children aged 36 months or older who are waiting to be sent to social relief establishments who are children of inmates living with their mothers in prisons are entitled to food, clothing, accommodation, allocation of necessities and medical care. medical examination and treatment to ensure the implementation of children’s rights in accordance with the Children’s Law.
Prisons, detention camps and criminal judgment enforcement agencies of district-level police offices shall carry out procedures for requesting birth registration for children of inmates. The commune-level People’s Committee of the locality where the prisoner serves the sentence shall have to register and issue birth certificates.
Female inmates with children aged 36 months or older must send their children to their relatives for nurturing. In case the prisoner’s child has no relatives to adopt him, the prison or detention camp under the Ministry of Public Security, the Ministry of National Defense, the criminal judgment enforcement agency of the provincial-level Police or the military zone-level criminal judgment enforcement agency must request the specialized labor agency war invalids and social affairs of the provincial-level People’s Committee of the locality where the prisoner serves the sentence shall designate the social protection establishment to receive and nurture. Within 15 days from the date of receipt of the request, the specialized agency in charge of labor, war invalids and social affairs under the provincial-level People’s Committee must designate the social relief establishment responsible for receiving and nurturing. Persons who have completely served their imprisonment sentences may receive back their children who are being raised by social protection establishments.
Prisons must organize kindergartens outside the detention areas to care for and nurture children of inmates under 36 months of age and children of inmates aged 36 months or more while waiting for carrying out procedures for being sent to social relief establishments.
The Government shall detail this Article.
Article 52. Regime of meeting and receiving gifts of prisoners
Inmates may meet their relatives 01 time in 01 month, each meeting shall not exceed 01 hour. Based on the results of judgment servant grading, requirements for education and rehabilitation, labor and study achievements of prisoners, prison superintendents, detention camp superintendents, heads of criminal judgment enforcement agencies of district-level police departments shall decide to extend the time to meet relatives but not exceed 03 hours or to meet their wives or wives husband stays in a private room for no more than 24 hours. Prisoners who are rewarded or made meritorious achievements may meet their relatives 01 more time in 01 month.
Prisoners who violate the internal rules of prisoner detention establishments are entitled to see their relatives 01 time in 02 months, each time not exceeding 01 hour.
In case representatives of other agencies, organizations or individuals request to meet inmates, prison superintendents, custody camp superintendents or heads of criminal judgment enforcement agencies of district-level police shall consider and make decisions.
When meeting their relatives, representatives of agencies, organizations or other individuals, prisoners may receive letters, money and objects, except for items on the list of prohibited items. For money, prisoners must send them to prisons, detention centers, and criminal judgment enforcement agencies managed by district-level police offices. The management and use of objects and money of prisoners shall comply with the provisions of Points a, b and c, Clause 3, Article 28 of this Law.
Inmates are entitled to receive gifts of money and objects sent by their relatives by post no more than 02 times in 01 month. Prisons, detention camps and criminal judgment enforcement agencies of district-level police offices shall have to receive money and objects sent to prisoners by relatives of prisoners and peel, open and inspect them to detect and handle items on the list of prohibited items according to the provisions of law.
Relatives of inmates who come to see inmates must bring visitation books or application forms certified by commune-level People’s Committees or commune-level police offices of the localities where such persons reside or of agencies or organizations where they work or study. Prisons, detention camps and criminal judgment enforcement agencies of district-level police must disseminate to their relatives the regulations on visiting prisoners; relatives of prisoners must comply with these regulations.
For prisoners who are foreigners, in case their relatives are foreigners, they must send an application for meeting to the criminal judgment enforcement management agency, which must be written in Vietnamese or translated into Vietnamese and certified by the diplomatic or consular missions of the countries of which such persons are nationals or representative missions of national organizations in Vietnam where such person works; in case the relatives are Vietnamese, the application for meeting must be certified by the commune-level People’s Committee of the locality where such person resides. Within 15 days from the date of receipt of the application, the criminal judgment enforcement management agency shall reply to the applicant; In special cases, it may be prolonged, but the time limit for replying must not exceed 30 days.
Prisons, detention camps and criminal judgment enforcement agencies of district-level police shall arrange places where prisoners meet their relatives, representatives of other agencies, organizations or individuals.
The Minister of Public Security and the Minister of National Defense shall detail this Article.
Article 53. Procedures for consular visits and contacts
Foreign diplomatic missions or consulates that request consular visits and contacts of prisoners of their own nationality who are serving imprisonment sentences in Vietnam must send written requests to the Ministry of Foreign Affairs. The contents of the written request include:
a) Name of the diplomatic mission or consulate sending the document;
b) Full name and nationality of the prisoner to be visited or contacted consular by consular contact;
c) Prisons where prisoners are serving their sentences;
d) Full names and positions of persons visiting or having consular contacts;
dd) Full name of the interpreter.
Within 3 working days from the date of receipt of the written request, the Ministry of Foreign Affairs shall notify the criminal judgment enforcement management agency of the Ministry of Public Security or the criminal judgment enforcement management agency of the Ministry of National Defense. Within 05 working days from the date of receipt of the notice, the competent criminal judgment enforcement management agency shall reply in writing to the Ministry of Foreign Affairs to notify the foreign diplomatic mission or consulate that has requested to contact the criminal judgment enforcement management agency competent to issue the invitation for visit. consular contact.
Article 54. Prisoner’s communication regime
Prisoners are entitled to send 02 letters per month. Prison superintendents, detention camp superintendents and heads of criminal judgment enforcement agencies of district-level police must examine and censor letters sent and received by inmates.
Prisoners may make domestic telephone contacts with their relatives 01 time per month, each time for no more than 10 minutes, except for urgent cases. Prison superintendents, detention camp superintendents and heads of criminal judgment enforcement agencies of district-level police shall consider and decide on allowing inmates to communicate by telephone and organize the control of such communication.
Expenses for communication of inmates specified in Clauses 1 and 2 of this Article shall be paid by inmates.
Article 55. Medical care regime for prisoners
Prisoners are entitled to the epidemic prevention and control regime. Prisons, detention camps and criminal judgment enforcement agencies of district-level Police shall coordinate with district-level medical examination and treatment establishments or military hospitals where prisons, detention camps and criminal judgment enforcement agencies of district-level Police are located in organizing medical examinations for inmates.
Inmates who are sick or injured shall be provided with medical examination, treatment and treatment at medical establishments of prisons or detention camps or at the nearest State medical examination and treatment establishments. In case inmates suffer from serious illnesses or injuries beyond the treatment capacity of such medical examination and treatment establishments, they shall be transferred to higher-level medical examination and treatment establishments for treatment; prisons, detention camps and criminal judgment enforcement agencies of district-level Police must notify such persons’ relatives or representatives for coordination in care and treatment. Diets, dispensing medicines and fostering for inmates shall be designated by medical examination and treatment establishments.
Prisons, criminal judgment enforcement agencies of provincial-level police and military zone-level criminal judgment enforcement agencies shall coordinate with district-level and provincial-level medical examination and treatment establishments and military hospitals in building or arranging a number of separate rooms in medical examination and treatment establishments to treat inmates. The management and supervision of inmates during the treatment period at medical examination and treatment establishments shall be responsible for prisons, detention camps and criminal judgment enforcement agencies of district-level police offices.
For inmates showing signs of mental illness or other diseases that cause them to lose their cognitive capacity or ability to control their acts, prisons, detention camps and criminal judgment enforcement agencies of provincial-level Police shall request provincial-level People’s Courts or military zone-level Military Courts where inmates serve their imprisonment sentences to request forensic psychological expertise god. When there is an assessment conclusion that such person suffers from a mental illness or other disease that causes the incapacitation or ability to control his/her behavior, the chief judge of the provincial-level People’s Court or the chief judge of the military zone-level military court where the inmate serves the sentence shall issue a decision to suspend the execution of the imprisonment sentence and apply the judicial measure of compulsory medical treatment to the with that person.
Medical examination and treatment establishments shall receive and manage inmates subject to compulsory medical treatment at medical examination and treatment establishments.
Drug addicts shall be detoxified by prisons.
Funding for medical examination and treatment, organization of drug detoxication and funding for construction and arrangement of medical treatment rooms for inmates at medical examination and treatment establishments allocated by the State.
The Government shall detail this Article.
Article 56. Procedures for settling cases of death of prisoners
When an inmate dies in a prison, detention camp, criminal judgment enforcement agency of the district-level police or the State’s medical examination and treatment establishment, such agency or organization shall immediately notify the investigating agency and the district-level People’s Procuracy, the investigating agency and the Military Procuracy of the area where the inmate dies for identification cause. Prisons, detention camps and criminal judgment enforcement agencies of district-level police shall carry out death registration procedures at the commune-level People’s Committees of the localities where the inmates die and notify their relatives or representatives before carrying out burial procedures. In case an inmate dies at a medical examination and treatment establishment, such medical examination and treatment establishment shall send a death notice to the prison, detention center or criminal judgment enforcement agency of the district-level police.
In case the prisoner is a foreigner, the prison superintendent must immediately notify the investigating agency and the provincial-level People’s Procuracy, the investigating agency and the military zone-level military procuracy of the locality where the prisoner dies to determine the cause; and at the same time report to the criminal judgment enforcement management agency of the Ministry of Public Security or the criminal judgment enforcement management agency of the Ministry of National Defense or the Ministry of Foreign Affairs for notification to the representative agency of the country of which such person holds nationality. After obtaining permission from the competent authority, the prison shall have to organize the funeral.
When competent agencies permit the funeral procedures of the deceased, the prisons, detention camps and criminal judgment enforcement agencies of district-level police shall have to notify the funeral to their relatives or representatives. In case the relatives of the deceased make a written request, the corpse shall be handed over to them, unless there are grounds to believe that it affects security, order and environmental sanitation. After 24 hours from the date of the notice, if they do not receive the notice, the prison, detention camp or criminal judgment enforcement agency of the district-level Police shall organize the funeral in accordance with law and notify the court that has issued the judgment enforcement decision. Within 03 working days from the date of receipt of the notice, the court that has issued the judgment enforcement decision must issue a decision to suspend the execution of the imprisonment sentence and send it to the relatives of the deceased, the prison, the detention camp, the criminal judgment enforcement agency of the district-level police of the locality where the inmate dies, competent procuracies and provincial-level Justice Departments where courts issue suspension decisions are headquartered. The commune-level People’s Committees of the localities where the inmates die shall have to coordinate with the prisons, detention camps and criminal judgment enforcement agencies of the district-level Police in burying and managing the graves of the inmates. Funding for the burial shall be provided by the State.
In case the death of the inmate is a foreigner, within 48 hours after the notification of the death of the inmate, if the representative mission of the country of which such person is a nationality does not request to receive the corpse, the prison shall organize the funeral.
In case the prisoner’s relatives or representatives submit a written request for the receipt of the inmate’s corpse or remains and bear their own expenses, the prison, detention camp or criminal judgment enforcement agency of the district-level police may consider and settle it, unless there are grounds to believe that such matter affects the security or order and environmental sanitation. The receipt of remains shall only be settled after 03 years from the date of burial. In case the prisoner is a foreigner, the receipt of corpses or remains must be considered and decided by the criminal judgment enforcement management agency.
Section 3. CONDITIONAL EARLY RELEASE
Article 57. Time of consideration for early release from prison with conditions
The consideration for conditional early release shall be carried out in 03 batches per year at the end of the first quarter, the end of the second quarter and the end of the year of grading.
Article 58. Dossier of request for early release from prison with conditional time limit
Prisons and detention camps affiliated to the Ministry of Public Security, the Ministry of National Defense, criminal judgment enforcement agencies of provincial-level Police Departments and military zone-level criminal judgment enforcement agencies shall compile dossiers of request for early release from prison and transfer them to provincial-level People’s Procuracies. military zone-level military procuracies, provincial-level People’s Courts and military zone-level military courts of the localities where prisoners are serving prison sentences.
A dossier of request for early release from prison with a conditional time limit comprises:
a) The prisoner’s application for early release from prison enclosed with a commitment not to violate the law and the obligations to be fulfilled upon early release;
b) A copy of the legally effective court judgment or decision; judgment enforcement decisions;
c) Documents showing that the inmate has made a lot of progress and has a good sense of rehabilitation, which are decisions or copies of decisions on grading the execution of imprisonment sentences;
d) A copy of the decision on reduction of the imprisonment term for the person convicted of a serious crime, a very serious crime or a particularly serious crime;
dd) Documents showing the complete execution of additional penalties such as fines, the obligation to pay compensation for damage and court costs;
e) Documents to determine the actual time of serving the imprisonment sentence;
g) In case the prisoner is a person with meritorious services to the revolution or a relative of a person with meritorious services to the revolution, a person aged full 70 years or older, a person with a serious disability or a particularly serious disability, a woman who is nursing a child under 36 months old, or a person serving a prison sentence under 18 years old, there must be documents proving it;
h) A written request for early release from prisons or detention camps affiliated to the Ministry of Public Security, the Ministry of National Defense, the criminal judgment enforcement agency of the provincial-level Police or the criminal judgment enforcement agency of the military zone.
Persons who have been temporarily suspended from serving their imprisonment sentences or persons entitled to the application of judicial measures of compulsory medical treatment shall be entitled to reserve the results of grading their imprisonment sentences and shall be calculated continuously adjacent to the time after returning to continue serving their sentences. In this case, if the commune-level People’s Committee of the locality where the person is suspended from serving the imprisonment sentence resides, the military unit assigned to manage or the medical establishment treating the person certifies the strict observance of the provisions of law, it may be considered. request for early release from prison with conditions.
In case an inmate is extracted for investigation, prosecution or trial but is not subject to penal liability examination for other criminal acts, the prison, detention camp or criminal judgment enforcement agency of the district-level police where the extracted prisoner is received shall make a written request to the prison or the prison detention camps, criminal judgment enforcement agencies of district-level police offices where prisoner dossiers are being managed shall consider and compile dossiers of request for early release from prison before the conditional time limit, if they fully meet the conditions.
Article 59. Execution of the decision on early release from prison
Immediately after receiving the decisions on early release from prison, prisons, detention camps and criminal judgment enforcement agencies of district-level police must post up the lists of prisoners eligible for early release from prison at prisoner detention establishments. Immediately after deciding to release prisoners ahead of the legal time limit, prisons, detention camps or criminal judgment enforcement agencies of district-level police shall issue certificates of conditional early release and release prisoners. The probation period is counted from the date the decision to release prisoners before the conditional time limit takes effect.
Prisons, detention camps and criminal judgment enforcement agencies of district-level police offices shall have to hand over prisoner dossiers to criminal judgment enforcement agencies of district-level police offices where persons released prisoners ahead of the conditional residence time limit reside, and criminal judgment enforcement agencies of military zones.
The criminal judgment enforcement agencies of the district-level police of the localities where the persons released from prison ahead of the conditional term return to residence, the criminal judgment enforcement agencies of the military zones shall receive and manage prisoner dossiers; compile dossiers on management of persons released from prison before the conditional time limit and assign them to commune-level People’s Committees and military units for management.
Within 05 days from the date of early release from prison, the person who is released from prison before the conditional term must submit to the commune-level People’s Committee or the military unit assigned to manage it to commit to fulfill his/her obligations, except for cases of force majeure or objective obstacles. Upon the expiration of 05 days, if the person released from prison before the conditional time limit fails to appear, the commune-level People’s Committee or military unit shall summon such person to the head office to commit to the performance of the obligation. In case such person fails to be present within the time limit for summoning or fails to commit, the commune-level police or military unit shall make a record of the violation of obligation.
The commune-level People’s Committees and military units shall report to the criminal judgment enforcement agencies of the district-level Police and the military zone-level criminal judgment enforcement agencies on the results of the presentation and commitments of the persons released from prison before the conditional time limit.
In cases where a person who is released from prison before the conditional term is managed by the army but subsequently no longer serves in the army, the military zone-level criminal judgment enforcement agency shall hand over such person enclosed with the prisoner dossier to the criminal judgment enforcement agency of the district-level police of the locality where such person resides to compile the management dossier and assign it to commune-level People’s Committees to organize the management.
On the last day of the probationary period, the criminal judgment enforcement agencies of the district-level police and the military zone-level criminal judgment enforcement agencies which have managed the persons released from prison ahead of the conditional time limit shall issue certificates of complete execution of their imprisonment sentences to them and send them to the procuracies of the same level. The court that has issued the decision to release the prisoner before the conditional time limit, the court that has issued the judgment enforcement decision, the prison, the detention camp, the criminal judgment enforcement agency of the district-level police or the criminal judgment enforcement agency of the military zone where the person has served the sentence, the National Judicial Record Center and the commune-level People’s Committee of the locality where such person resides.
In case a person who is released from prison before the conditional time limit dies, the commune-level People’s Committee or the military unit assigned to manage such person shall notify the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency for notifying the court that has issued the judgment enforcement decision. Within 03 working days from the date of receipt of the notice, the court that has issued the judgment enforcement decision must issue a decision to suspend the judgment enforcement and send it to the Procuracy of the same level, the criminal judgment enforcement agency of the district-level Police, the criminal judgment enforcement agency of the military zone, The commune-level People’s Committee, the military unit assigned to manage such person, the provincial-level Justice Department of the locality where the court has issued the decision is headquartered.
Article 60. Dossiers of management of persons released from prison before the conditional time limit
A dossier of management of a person who is released from prison before the conditional time limit made by the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency comprises:
a) A copy of the legally effective court judgment or decision; judgment enforcement decisions;
b) Deciding on early release from prison;
c) The certificate of early release from prison;
d) A written remark on the process of serving the imprisonment sentence of the person who is released from prison before the conditional time limit;
dd) The commitment of the person who is released from prison before the conditional time limit;
e) The information sheet of the person who is released from prison before the conditional time limit;
g) Other relevant documents.
Commune-level People’s Committees and military units assigned to manage persons released from prison ahead of the conditional time limit shall receive and add the following documents to the management dossiers:
a) The written comments of the commune-level People’s Committees or military units assigned to manage the persons released from prison ahead of the conditional time limit;
b) The report of the person released from prison before the conditional time limit on the performance of obligations;
c) In case a person who is released from prison before the conditional term is reviewed under the provisions of Article 66 of this Law, there must be a review report, minutes of the review meeting and relevant documents;
d) In case the person who is released from prison before the conditional time limit is entitled to shorten the probation period, there must be a court decision;
dd) Other relevant documents.
Before the expiration of the 15-day probation period, the commune-level People’s Committees and military units assigned to manage persons released from prison ahead of time shall hand over the management dossiers to the criminal judgment enforcement agencies of district-level police offices or military zone-level criminal judgment enforcement agencies for issuance of certificates of complete execution of imprisonment sentences upon conviction Accelerate the trial period. The delivery and receipt of dossiers shall be made in record and kept in prisoners’ records.
Article 61. Tasks and powers of commune-level People’s Committees and military units assigned to manage persons released from prison before the conditional time limit
Commune-level People’s Committees assigned to manage persons released from prison before the conditional term have the following tasks and powers:
a) Receive dossiers and organize the management of persons released from prison before the conditional time limit; handing over dossiers to competent criminal judgment enforcement agencies in accordance with the provisions of this Law;
b/ To request persons who are released from prison before the conditional time limit to fully perform their obligations; take measures to educate and prevent such persons when they show signs of violating the law;
c/ To commend persons who are released from prison before the conditional time limit for making much progress or making meritorious achievements;
d) Settle for persons who are released from prison before the conditional time limit to be absent from their places of residence in accordance with the provisions of this Law and the law on residence;
dd) Coordinate with socio-political organizations, families and agencies and organizations where persons released from prison ahead of time have conditions to work or study in managing such persons;
e) Compile a dossier and send a written request to the criminal judgment enforcement agency of the district-level Police to report to the criminal judgment enforcement agency of the provincial-level Police to request the court of the same level to consider and decide to shorten the probation period;
g) Report to the criminal judgment enforcement agency of the district-level police to carry out the order and procedures for requesting the competent court to annul the decision on early release from prison and compel the person released from prison before the conditional term to serve the remaining unserved imprisonment penalty in case such person violates the provisions of Clause 4 of Article 66 of the Criminal Code;
h) Report to the criminal judgment enforcement agency of the district-level police when the person who is released from prison before the conditional term escapes;
i) Written comments on the performance of obligations during the probationary period of the person released from prison before the conditional time limit;
k) Report to competent criminal judgment enforcement agencies on the results of management of persons released from prison ahead of the conditional time limit during the probationary period.
The commune-level police shall advise and directly assist the commune-level People’s Committee in performing the tasks and exercising the powers specified in Clause 1 of this Article.
Military units assigned to manage persons released from prison ahead of the conditional time limit shall have the following tasks and powers:
a) Tasks and powers specified at Points a, b, c, i and k, Clause 1 of this Article;
b/ To coordinate with commune-level People’s Committees in settling for persons who are released from prison ahead of the conditional time limit to be absent from their places of residence in accordance with this Law and the law on residence;
c/ To coordinate with the families of persons released from prison before the conditional time limit in managing such persons;
d) Compile a dossier and send a written request to the military zone-level criminal judgment enforcement agency to request the court of the same level to consider and decide to shorten the probation period;
dd) Report to the military zone-level criminal judgment enforcement agency to carry out the order and procedures for requesting the competent court to cancel the decision on early release from prison and compel the person released from prison before the conditional term to serve the remaining unserved imprisonment penalty in case such person violates the provisions of Clause 4, Article 66 of the Criminal Code;
e) Report to the military zone-level criminal judgment enforcement agency when the person released from prison before the conditional term escapes.
Article 62. Obligations of persons released from prison before the conditional term
Strictly implement commitments in complying with laws, civic obligations, internal rules and regulations of places of residence, work and study.
To present and make commitments under the provisions of Clause 2, Article 59 of this Law.
To submit to the management of commune-level People’s Committees and military units assigned for management.
To abide by the provisions of Article 67 of this Law.
To be present at the request of the commune-level People’s Committee or the military unit assigned to manage it.
To report in writing on the performance of their obligations to the commune-level People’s Committees and military units assigned to manage them on the monthly basis. In case of absence as prescribed in Clause 1, Article 67 of this Law, upon the expiration of the duration of absence, the person who is released from prison before the conditional time limit must report on the performance of his/her obligations.
Article 63. The work and study of persons released from prison before the conditional time limit
Persons who are released from prison before the conditional term but are not cadres, civil servants or public employees who are allowed to continue working at agencies, organizations or units shall be entitled to salaries and other regimes suitable to the jobs they undertake, which shall be included in their working time as prescribed by law.
Persons who are released from prison before the conditional time limit and are accepted for study by general education or vocational education institutions shall enjoy benefits as prescribed by law.
Persons who are released from prison before the conditional term other than those specified in Clauses 1 and 2 of this Article shall be facilitated by the commune-level People’s Committees to find jobs.
Article 64. Shortening the probation period for persons released from prison before the conditional time limit
A person who is released from prison before the conditional time limit may request to shorten the probation period when fully meeting the following conditions:
a) Having served half of the probation period;
b) There has been much progress during the probationary period.
A person who is released from prison before the conditional term of imprisonment each year may be shortened the probation period 01 time from 03 months to 02 years. In case the remaining probationary period of the person released from prison before the conditional term is less than 03 months, the Court may decide to shorten the remaining probation period.
Persons who are released from prison before the conditional time limit may have their probation period shortened many times, provided that they have actually served at least three-quarters of the probation period, except for the case specified in Clause 3 of this Article.
In case a person who is released from prison before the conditional term is a person under 18 years old, a person who has made meritorious deeds, a person who is too old or infirm or suffers from a serious illness and fully meets the conditions specified in Clause 1 of this Article, the court may shorten the remaining probation period.
Article 65. Procedures for shortening the probation period for persons released from prison before the conditional time limit
Commune-level People’s Committees and military units assigned to manage persons released from prison ahead of the conditional time limit shall review eligible persons according to the provisions of the Penal Code, compile dossiers and send written requests for shortening of the probation period to the criminal judgment enforcement agencies of district-level police offices. military zone-level criminal judgment enforcement agencies.
Within 07 days from the date of receipt of the dossier and written request of the commune-level People’s Committee assigned to manage the person released from prison before the conditional time limit, the criminal judgment enforcement agency of the district-level Police shall consider and make a written request for shortening the probation period for eligible persons enclosed with the dossier to the criminal judgment enforcement agency of the Provincial Police. Within 07 days after receiving the dossier and written request of the criminal judgment enforcement agency of the district-level police or the criminal judgment enforcement agency of the provincial-level police shall consider and send a written request for shortening the probation period for the person who is released from prison before the conditional time limit and send it to the People’s Court of the same level for consideration. decision, and at the same time send it to the Procuracy of the same level.
Within 07 days from the date of receipt of the dossier and written request of the military unit assigned to manage the persons released from prison before the conditional time limit, the military zone-level criminal judgment enforcement agency shall consider and send a written request for shortening the probation period for eligible persons to the military-level military court districts for consideration and decision, and at the same time send them to the procuracies of the same level.
Within 07 days from the date of receipt of the dossier and written request of the criminal judgment enforcement agency of the provincial-level Police, the criminal judgment enforcement agency of the military zone, the chief judge of the provincial-level People’s Court or the chief judge of the military zone-level military court where the person released from prison before the conditional residence period resides, work on the establishment of the Council and organize a meeting to consider and decide to shorten the probation period. The Council consists of 03 Judges; the meeting was attended by procurators of the procuracies of the same level. In case the dossier must be supplemented at the request of the Court, the time limit for opening the meeting shall be counted from the date of receipt of the supplementary dossier.
Within 03 working days from the date of issuance of the decision on the shortening of the probationary period, the court shall send such decision to the judgment servant, the procuracy of the same level, the immediate superior procuracy or the agency requesting the shortening of the probationary period. The Court has issued a decision to release the prisoner before the conditional time limit, the Department of Justice where the Court issues the decision to shorten the probation period is headquartered.
Article 66. The review of persons released from prison before the conditional time limit
During the probationary period, if a person who is released from prison before the conditional time limit commits the obligations specified in Article 62 of this Law for the first time or has been sanctioned for administrative violation for the first time, the commune-level People’s Committee assigned to manage it must coordinate with the agency organizations and the Vietnam Fatherland Front at the grassroots level shall organize meetings in the population communities where persons released from prison ahead of the conditional residence time limit shall be held to review such persons; in case the person who is released from prison before the conditional term is working at the military unit, the review shall be carried out at the military unit where such person works.
The review must be made in writing, archived in dossiers on management of persons released from prison before the conditional time limit and reported to the criminal judgment enforcement agencies of district-level police and military zone-level criminal judgment enforcement agencies.
Article 67. The absence from the place of residence of a person released from prison before the conditional time limit
Persons who are released from prison before the conditional time limit may be absent from their places of residence if they have plausible reasons and must apply for permission as prescribed in Clause 2 of this Article, and must declare their temporary absence in accordance with the law on residence. The period of absence from the place of residence shall be counted as the probation period but shall not exceed 60 days each time and the total period of absence from the place of residence must not exceed one-third of the probation period, except for cases where the patient is sick and must be treated at a medical establishment as prescribed by a doctor and must be certified by a medical establishment that.
A person who is released from prison before the conditional term when absent from his/her place of residence must apply for permission and obtain the consent of the commune-level People’s Committee or military unit assigned to manage it, in case of disagreement, the commune-level People’s Committee or military unit must reply in writing and clearly state the reason. Persons who are released from prison before the conditional time limit when arriving at their new places of residence must report to the commune-level police offices of the localities where they come to temporarily reside or stay; upon the expiration of the temporary residence or stay duration, it must be certified by the commune-level People’s Committee or the commune-level police of the locality where the temporary residence or stay is located. In case a person who is released from prison before the conditional time limit violates the law, the commune-level People’s Committee of the locality where such person comes to temporarily reside or stay must notify the commune-level People’s Committee or the military unit assigned to manage it.
Persons who are released from prison before the conditional time limit are not allowed to leave the country during the probationary period.
Article 68. Settlement of cases in which persons who are released from prison ahead of time have a conditional change of place of residence or place of work
In case a person who is released from prison before the conditional time limit has to change his/her place of residence or place of work for plausible reasons, he/she must make an application certified by the commune-level People’s Committee or the military unit assigned to manage it and send it to the criminal judgment enforcement agency of the district-level Police Department. military zone-level criminal judgment enforcement agencies.
Within 15 days after receiving the application of the person who is released from prison before the conditional time limit, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall coordinate with the concerned units in inspecting, verifying and settling for such person to change his/her place of residence.  workplace. In case of disagreement, it must reply in writing and clearly state the reason.
Persons who are released from prison before the conditional time limit shall be considered and settled for change of their place of residence if they satisfy the following conditions:
a) Satisfying the requirements prescribed by the law on residence;
b) Obtaining the consent of the criminal judgment enforcement agency of the district-level police in case of change of residence within the district-level administrative unit, the criminal judgment enforcement agency of the provincial-level police in case of change of residence outside the district-level administrative unit, criminal judgment enforcement management agencies under the Ministry of Public Security in case of change of residence outside the scope of provincial-level administrative units.
The change of the workplace of a person who is released from prison before the conditional time limit within the military zone shall be decided by the criminal judgment enforcement agency of the military zone.
The change of the place of work of a person released from prison before the conditional term outside the military zone shall be decided by the criminal judgment enforcement management agency of the Ministry of National Defense.
In case the person released from prison before the conditional term does not continue to work in the army, the military zone-level criminal judgment enforcement agency shall carry out procedures for transferring the dossier to the criminal judgment enforcement agency of the district-level police of the locality where the person released from prison before the conditional term resides for management according to the provisions of Clause 3, Article 59 of the This Law.
The Minister of Public Security and the Minister of National Defense shall detail this Article.
Article 69. Handling of persons who are released from prison before the conditional time limit who violate their obligations or violate the law and are administratively sanctioned
If a person who is released from prison before the conditional term intentionally violates the obligations specified in Article 62 of this Law, the commune-level police office shall make a record of the violation; in case of intentional violation for the second time, a record of the violation shall be made and reported to the commune-level People’s Committee.
If a person who is released from prison before the conditional term and is managed by a military unit who deliberately violates the obligations specified in Article 62 of this Law, the military unit assigned to manage it shall make a record of the violation; in case of intentional violation for the second time, a record of the violation shall be made and reported to the military zone-level criminal judgment enforcement agency.
In case a person who is released from prison before the conditional time limit violates the law and is administratively sanctioned 02 times or more, the commune-level police shall report to the commune-level People’s Committee.
In case a person who is released from prison before the conditional term managed by a military unit violates the law and is administratively sanctioned 02 times or more, the military unit assigned to manage it shall report to the military zone-level criminal judgment enforcement agency.
Within 03 working days from the date of receipt of the report of the commune-level police, the commune-level People’s Committee must send a written request to the criminal judgment enforcement agency of the district-level police enclosed with the record of breach of obligation or decision on sanctioning of administrative violations and other relevant documents for the person who is released from prison first a conditional time limit for carrying out procedures for annulment of a decision on release from prison before the conditional time limit.
Within 03 working days from the date of receipt of the report enclosed with the record of breach of obligation or decision on sanctioning of administrative violations and other relevant documents of the military unit assigned to manage the person released from prison before the conditional time limit,  the military zone-level criminal judgment enforcement agency shall carry out procedures for requesting the cancellation of the decision on release from prison before the conditional time limit.
Article 70. Settlement of cases where inmates who have been proposed for release from prison before the conditional time limit violate the internal regulations of inmate detention establishments or commit acts of violating law
In case an inmate who has been proposed for early release from prison violates the internal regulations of the inmate detention facility and is disciplined or commits acts of violating law before the court’s decision to release prisoners before the conditional time limit, the agency that has made the request shall comply with the provisions of Clause 1, Article 368 of the Code The criminal procedure shall send a written request to the Procuracy or the Court to withdraw the dossier and delete the prisoner’s name from the list of prisoners requesting early release from prison before the conditional time limit.
In case an inmate has been released from prison before the court’s conditional time limit but has not yet taken legal effect and violates the internal regulations of the inmate detention establishment and is disciplined or commits acts of law violation, the dossier, order and the procedures for considering the cancellation of the decision on early release from prison before the conditional time limit shall comply with the provisions of Clause 3, Article 71 of this Law and Article 368 of the Criminal Procedure Code.
Article 71. Cancellation of the decision to release prisoners before the conditional time limit
In case a person who is released from prison before the conditional time limit commits a violation specified in Clause 4, Article 66 of the Penal Code, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall compile a dossier and transfer it to the court that has issued the decision on early release from prison for consideration and cancel the decision on release from prison ahead of the conditional time limit, and at the same time send 01 set of dossier to the Procuracy of the same level as the Court. The dossier comprises:
a) The written request of the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency for cancellation of the decision on release from prison ahead of the conditional time limit;
b) A record of breach of obligations or a decision on sanctioning an administrative violation;
c) The report of the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency on the performance of the obligations of the person released from prison before the conditional time limit during the probationary period;
d) A copy of the court’s judgment or decision; a copy of the decision on early release from prison with a conditional time limit;
dd) Other relevant documents.
Within 03 working days from the date on which the decision to cancel the decision on early conditional release from prison takes legal effect, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall notify in writing the person whose decision on early release is canceled. Within 07 days from the date of receipt of the notice, the person whose decision to release from prison before the conditional time limit is annulled must be present at the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency to serve the remaining portion of the imprisonment penalty; past the above time limit, if such person is not present, the Criminal Judgment Enforcement and Judicial Assistance Police or the Judicial Assistance Guard shall escort the judgment enforcement. In case the person whose decision is cancelled and released from prison before the conditional time limit shall flee, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall carry out procedures to request the competent criminal judgment enforcement agency to issue a wanted decision.
In case an inmate violates the internal regulations of the inmate’s detention facility or commits an act of law violating the case specified in Clause 2, Article 70 of this Law, the agency that has requested the conditional release from prison shall compile a dossier and transfer it to the court that has issued the conditional release decision for consideration. cancel the decision on release from prison ahead of the conditional time limit, and at the same time send 01 set of dossier to the Procuracy of the same level as the Court. The dossier comprises:
a) A written request for annulment of the decision on early release from prison before the conditional time limit;
b) The decision on discipline of the inmate enclosed with the record of the violation of the internal regulations of the inmate detention facility or the document on the violation of law;
c) Other relevant documents.
The order and procedures for courts to consider and decide to cancel decisions on early release from prison before the conditional time limit shall comply with the provisions of Article 368 of the Criminal Procedure Code.
Article 72. Responsibilities of the family of the person released from prison before the conditional time limit
Families of persons released from prison before the conditional term shall coordinate with commune-level People’s Committees and military units in managing persons released from prison before the conditional time limit; notify the results of fulfillment of obligations of persons released from prison ahead of the conditional time limit to the commune-level People’s Committees or military units assigned to manage them upon request; to be present at the meeting to review the person who is released from prison before the conditional time limit at the request of the commune-level People’s Committee or the military unit assigned to manage such person.
Section 4. REGULATIONS ON INMATES UNDER 18 YEARS OLD
Article 73. Scope of application
Inmates who are under 18 years of age who serve sentences under the provisions of this Section and other regulations not contrary to the provisions of this Section; when they are full 18 years old, they shall be transferred to the regime of detention and education management for persons aged full 18 years or older.
Article 74. Regime of management, education, cultural learning, vocational training and labor
Inmates who are persons under 18 years of age shall be detained according to their own regimes suitable to their health, gender and personal characteristics.
Prisons shall have to educate inmates under 18 years of age in culture, law and vocational training suitable to their age, education, gender and health, and prepare conditions for them to integrate into the community after they have completely served their prison sentences. To universalize primary education and lower secondary education. Primary education is compulsory for prisoners who have not completed the primary school program.
Programs and contents of learning and vocational training of inmates under 18 years of age shall be prescribed by the Government.
Inmates who are under 18 years of age may work in their own areas and in accordance with their age; do not have to do heavy, dangerous work or be exposed to hazardous substances.
Article 75. Diet, clothing, medical care, cultural, artistic and entertainment activities
Inmates who are under 18 years of age shall be ensured with the same food quota standards and receive medical care as inmates who are full 18 years of age or older and shall be entitled to an increase in meat and fish but not more than 20% of the quota.
In addition to the standard of dress and personal belongings as inmates who are full 18 years of age or older, each year inmates who are under 18 years old shall be provided with additional clothes according to the uniform form and other personal belongings as prescribed.
The time and form of organizing physical training, sports, cultural and artistic activities, listening to the radio, reading books, newspapers, watching television and other forms of entertainment suitable to the characteristics of persons under 18 years of age.
The Government shall detail this Article.
Article 76. Mode of meeting and communicating by phone with relatives
Inmates who are under 18 years of age may see their relatives no more than 03 times in 01 month, each meeting for no more than 03 hours. Based on the results of the sentence serving classification, requirements for education and rehabilitation, labor and study achievements of the prisoners, the prison superintendent shall decide to extend the meeting time but not more than 24 hours.
Inmates who are under 18 years old and are rewarded may meet their relatives 01 more time in 01 month.
Inmates who are under 18 years of age may contact their relatives by domestic telephone no more than 04 times in 01 month, each time for no more than 10 minutes, under the supervision of prison officials and at their own expense.
The State encourages relatives of inmates who are under 18 years of age to send books, school supplies, exercise, sports, recreation and entertainment equipment to inmates.
 
Chapter IV
EXECUTION OF THE DEATH PENALTY
Article 77. Decision on execution of the death penalty
The chief judge of the court that has conducted the first-instance trial shall issue a decision to execute the death penalty. The decision must clearly state the date, month and year of issuance of the decision, full name and position of the decision issuer; judgments and decisions to be enforced; full name, date of birth and place of residence of the convict.
Within 3 working days from the date of issuance of the decision on execution of the death penalty, the court shall send such decision to the following agencies:
a) Procuracies and criminal judgment enforcement agencies of the same level;
b) The detention camp where the judgment servant is being detained;
c) The provincial-level Justice Department of the locality where the court has issued the judgment enforcement decision is headquartered.
Article 78. Decision on the establishment of the Death Penalty Execution Council
Immediately upon issuance of a decision on execution of the death penalty, the chief judge of the court that has issued the judgment enforcement decision shall request in writing the chairman of the procuracy of the same level, the head of the criminal judgment enforcement agency of the provincial-level police or the head of the criminal judgment enforcement agency of the military zone to appoint a leading representative to participate in the death penalty execution council. Within 03 working days from the date of receipt of the written request, the chairman of the procuracy of the same level, the head of the criminal judgment enforcement agency of the provincial-level police or the head of the military zone-level criminal judgment enforcement agency must send a written appointment of a leading representative to participate in the death penalty execution council.
Within 03 working days from the date of receipt of the written appointment of leading representatives to participate in the death penalty execution council of the agencies specified in Clause 1 of this Article, the chief justice of the court that has issued the judgment enforcement decision must issue a decision on the establishment of the death penalty execution council. The decision on establishment of the Death Penalty Execution Council must clearly state the date, month and year of issuance of the decision, full name and position of the decision issuer; grounds for issuing decisions; full names and positions of the Council’s participants.
The Death Penalty Execution Council comprises:
a) The chief judge or deputy chief justice of the court that has issued the judgment enforcement decision shall act as the chairperson of the council;
b) The chairman or deputy chairman of the procuracy of the same level;
c) The head or deputy head of the criminal judgment enforcement agency of the same level.
Assisting the Death Penalty Execution Council with a clerk who is a cadre or civil servant of the Court, assigned by the Chief Justice of the Court competent to issue judgment enforcement decisions.
Article 79. Tasks and powers of the Death Penalty Execution Council
The Death Penalty Execution Council shall have the following tasks and powers:
a/ To decide on plans and prepare conditions to ensure judgment enforcement;
b) Organize the examination of conditions for death penalty servants in accordance with the Criminal Code and the Criminal Procedure Code; issue decisions to postpone judgment enforcement and report to the chief justice of the court that has issued the judgment enforcement decision when the convict is not eligible for judgment enforcement;
c) Request relevant agencies and organizations to supply necessary information and documents for judgment enforcement; request people’s armed forces units, agencies and organizations to support and ensure the safety of judgment enforcement in case of necessity;
d) Administer the judgment enforcement according to the plan;
dd) Notify the judgment enforcement results to the criminal judgment enforcement management agency;
e) The Council shall dissolve itself after completing its tasks.
The Chairman of the Death Penalty Execution Council shall convene meetings and announce decisions related to the execution of the death penalty and decide on the execution time; contents that need to be kept confidential; conditions to ensure the implementation of the judgment enforcement plan; burial place in case the body is not accepted or there is no application for receiving the corpse. The meeting must be recorded and the execution dossier of the death penalty must be kept.
Article 80. Dossiers of execution of the death penalty
A dossier of execution of the death penalty shall comprise the following documents:
a) The first-instance judgment is legally effective; appellate judgments in cases where first-instance judgments are appealed or protested according to appellate procedures;
b) Cassation or reopening decisions (if any);
c) The decision not to protest of the Chief Justice of the Supreme People’s Court and the decision not to protest of the Procurator General of the Supreme People’s Procuracy;
d) A copy of the President’s decision rejecting the application for commutation of the death penalty (if any);
dd) Decisions on execution of the death penalty;
e) Decide on the establishment of the Death Penalty Execution Council;
g) Minutes of the meeting of the Death Penalty Execution Council;
h) The plan for execution of the death penalty;
i) Lists, instructions and records of identity examination of persons sentenced to death;
k) The record of examination and verification of the executed person does not fall into the case specified in Clause 3, Article 40 of the Penal Code;
l) Documents related to the postponement of execution of the death penalty in case of postponement of execution of the execution of the death penalty;
m) The record of forensic examination of the corpse of the person who has been sentenced to death;
n) 01 photo of the person who has been sentenced to death;
o) The record of execution of the death penalty;
p) Reports on results of execution of the death penalty;
q) Other relevant documents.
Death penalty execution dossiers shall be compiled and managed by criminal judgment enforcement agencies of provincial-level Police and military zone-level criminal judgment enforcement agencies and shall be kept and preserved according to the dossier regime prescribed by the Minister of Public Security or the Minister of National Defense.
Article 81. Postponement of execution of the death penalty
The Death Penalty Execution Council shall decide to postpone the execution of the death penalty in one of the following cases:
a) Persons sentenced to death in the cases specified in Clause 3, Article 40 of the Penal Code;
b) There are force majeure reasons or objective obstacles;
c) Immediately before the execution of the judgment, the person sentenced to death shall declare new circumstances about the crime.
When deciding to postpone the execution of the death penalty, the death penalty execution council must make a record clearly stating the date, time, month, year and place of execution; full names and positions of members of the Council; reasons for postponement of judgment enforcement. The record of postponement of judgment execution must be signed by all members of the Council, the execution dossier must be kept and reported to the chief justice of the court that has issued the judgment enforcement decision, the chairman of the provincial-level People’s Procuracy, the chairman of the military zone-level military procuracy and the criminal judgment enforcement agency of the provincial-level police. military zone-level criminal judgment enforcement agencies.
The criminal judgment enforcement and judicial assistance police or judicial assistance guards shall escort and hand over persons entitled to postponement of execution of death sentences to detention camps for further management and detention of such persons. The delivery and receipt of persons entitled to postponement of execution of the death penalty must be made in writing.
In case of postponement of judgment execution as prescribed at Point a, Clause 1 of this Article, the Death Penalty Execution Council shall postpone the execution of the judgment and report to the Chief Justice of the court that has issued the judgment enforcement decision for reporting to the Chief Justice of the Supreme People’s Court for consideration. decide.
In case of postponement of judgment enforcement under the provisions of Points b and c, Clause 1 of this Article but the reason for postponement is no longer available, the chief justice of the court shall issue a judgment enforcement decision requesting the council to continue performing the judgment enforcement. In case of change of members of the Council, the Chief Justice of the Court that has issued the judgment execution decision shall decide to change the members of the Council or establish the Death Penalty Execution Council under the provisions of Article 78 of this Law.
Article 82. Forms and order of execution of the death penalty
The execution of the death penalty shall be carried out by poison injection. The process of injecting poison is prescribed by the Government.
Before executing the judgment, the death penalty execution council shall have to examine the lists, fingerprints and curriculum vitae dossiers of the execution sentence servants; in case the judgment servant is a woman, the Council must examine documents related to the conditions for non-execution of the death penalty according to the provisions of the Penal Code.
Before being sent to execute the death penalty, the judgment servants may eat, drink, write letters and record their speeches to send them back to their relatives.
The order of execution of the death penalty shall be carried out as follows:
a) Based on the death penalty execution decision and the request of the Chairperson of the Death Penalty Execution Council, the Criminal Judgment Enforcement and Judicial Assistance Police or the Judicial Assistance Guard shall escort the judgment servant to the working place of the Death Penalty Execution Council;
b) Comply with the request of the Death Penalty Execution Council, professional officials of the People’s Public Security or the People’s Army shall roll their hands, check the lists and copies, and compare them with relevant dossiers and documents; taking photos and recordings of the process of carrying out hand-rolling procedures, checking and making records; report to the Death Penalty Execution Council on the inspection results;
c) The Chairperson of the Death Penalty Execution Council shall announce the judgment execution decision, the decision not to protest of the Chief Justice of the Supreme People’s Court and the decision not to protest of the Procurator General of the Supreme People’s Procuracy or the decision of the Council of Judges of the Supreme People’s Court not to accept the protest of the Chief Justice of the Supreme People’s Court or the protest of the Procurator General of the Supreme People’s Procuracy and the President’s decision to reject the application for commutation of the death penalty.
Immediately after the Chairman of the Judgment Enforcement Council announces the decisions, the Criminal Judgment Enforcement and Judicial Assistance Police or the Judicial Support Guard shall have the task of handing over the above decisions to the judgment servant for such person to read by himself/herself. In cases where the judgment servants are illiterate, do not know Vietnamese or cannot read by themselves, the death penalty execution councils shall appoint a person to read or interpret the above decisions for such persons. The process of announcing and reading decisions must be photographed, videotaped, recorded and recorded in the execution dossier;
d) On the orders of the Chairperson of the Death Penalty Execution Council, a professional official appointed by the criminal judgment enforcement agency of the provincial-level Police or the military zone-level criminal judgment enforcement agency shall execute the judgment and report the results to the Chairperson of the Council;
dd) Under the order of the Chairman of the Death Penalty Execution Council, the forensic doctor shall determine the condition of the person who has been executed on the death penalty and report the results to the Council;
e) The Death Penalty Execution Council shall make a record of judgment execution; report on the process and results of judgment enforcement to the Supreme People’s Court, the Supreme People’s Procuracy and criminal judgment enforcement management agencies. Criminal judgment enforcement agencies of provincial-level police and military zone-level criminal judgment enforcement agencies shall carry out death registration procedures at the commune-level People’s Committees of the localities where the judgments are executed;
g) Criminal judgment enforcement agencies of provincial-level police offices and military zone-level criminal judgment enforcement agencies shall preserve corpses, organize burials and draw grave diagrams of sentenced persons. The commune-level People’s Committee of the place of burial shall have the task of coordinating with the criminal judgment enforcement agency of the provincial-level police and the military zone-level criminal judgment enforcement agency in burying and managing the graves of the sentenced persons;
h) Within 03 working days from the date of judgment enforcement, the criminal judgment enforcement agency of the provincial-level police or the military zone-level criminal judgment enforcement agency shall notify the relatives of the judgment sentenced person, except for the case specified in Clause 1, Article 83 of this Law.
Article 83. Settlement of applications for receipt of corpses, ashes and remains of persons sentenced to death
Within 03 working days from the date of issuance of the execution decision, the chief judge of the court that has issued the execution decision shall notify the relatives or representatives of the executed person thereof for making an application for receipt of the corpse of the executed person. Within 03 working days from the date of receipt of the notice, the application for receipt of the corpse of the executed person must be sent to the chief judge of the court that issued the notice. An application for receipt of a corpse for burial must clearly state the full name and address of the recipient of the corpse; relations with judgment debtors; commit to ensure the requirements of security, order, environmental sanitation and bear their own costs. The application must be certified by the commune-level People’s Committee of the place of residence, in case the person sentenced to death is a foreigner, the application must be certified by a competent agency or a representative agency of the country of which such person holds nationality and must be translated into Vietnamese.
Within 3 working days from the date of receipt of the application for receipt of the corpse for burial of the relatives or representatives of the executed person, the chief judge of the court that has issued the execution decision must notify in writing the acceptance or rejection of the reception of the corpse for burial. If the corpse is not accepted for burial, the reason shall be clearly stated.
03 working days before the execution of the death penalty, the chief judge of the court that has issued the execution decision must notify in writing the criminal judgment enforcement agency of the provincial-level police or the military zone-level criminal judgment enforcement agency in order to settle the receipt of the corpse of the person who has been executed on death penalty for burial or organizing the burial of persons who have been sentenced to death.
In case the chief justice of the court has issued a decision to establish the death penalty execution council accepting the receipt of the corpse of the executed person, but in the course of execution of the death penalty, the death penalty execution council considers that the acceptance of the corpse does not ensure security. shall decide not to accept and notify in writing the relatives of the persons who have been sentenced to death, and at the same time assign the criminal judgment enforcement agencies of the provincial-level Police or the military zone-level criminal judgment enforcement agencies to organize the funeral and report to the chief judges of the courts that have issued the decisions.
Criminal judgment enforcement agencies of provincial-level police offices and military zone-level criminal judgment enforcement agencies shall have to notify the applicants immediately after judgment execution to receive the corpses for burial. The delivery and receipt of corpses of persons who have been sentenced to death must be carried out within 24 hours after the notification and shall be carried out by the criminal judgment enforcement agencies of the provincial-level Police and the military zone-level criminal judgment enforcement agencies. The delivery and receipt of corpses must be made in writing and signed by the deliverer and the recipient. Upon the expiration of this time limit, if the applicants do not come to receive the corpses, the criminal judgment enforcement agencies of the provincial-level Police and the military zone-level criminal judgment enforcement agencies shall have to bury them.
In case the relatives or representatives of the executed persons wish to receive the ashes of the executed persons and bear the cremation expenses themselves, the criminal judgment enforcement agencies of the provincial-level Police and the military zone-level criminal judgment enforcement agencies shall hand over the corpses and assist in bringing the corpses to the cremation places.
In case the criminal judgment enforcement agency of the provincial-level police or the military zone-level criminal judgment enforcement agency organizes the funeral of the executed person, after 03 years from the date of judgment enforcement, the relatives or representatives of the judgment executed person may make a written request to the criminal judgment enforcement agency of the provincial-level police the criminal judgment enforcement agency of the military zone where the judgment has been executed shall receive the remains. The application must clearly state the full name and address of the recipient of the remains; relations with persons who have been sentenced; commit to ensure the requirements of security, order, environmental sanitation and bear their own costs. The application must be certified by the commune-level People’s Committee of the place of residence, in case the judgment debtor is a foreigner, the application must be certified by a competent agency or a representative agency of the country of which such person holds nationality and must be translated into Vietnamese. Within 07 days from the date of receipt of the application, the criminal judgment enforcement agency of the provincial-level Police and the military zone-level criminal judgment enforcement agency shall consider and settle the application.
 
Chapter V
EXECUTION OF SUSPENDED SENTENCES, WARNING SENTENCES, NON-CUSTODIAL REFORM
Section 1. EXECUTION OF SUSPENDED JUDGMENTS
Article 84. Decision on execution of a suspended sentence
A decision on execution of a suspended judgment must clearly state the full name and position of the decision issuer; judgments and decisions to be enforced; name of the agency tasked to implement it; full name, date of birth, place of residence of the person entitled to a suspended sentence; the level of imprisonment and the probation period of the person entitled to the suspended sentence; additional penalties, except for additional penalties, which are fines; consequences of the breach of obligations during the probationary period as prescribed in Clause 5, Article 65 of the Penal Code; Commune-level People’s Committees and military units assigned to supervise and educate persons entitled to suspended sentences.
Within 03 working days from the date of issuance of the decision on execution of the suspended judgment, the court must send such decision to the following individuals or agencies:
a) The suspended sentence beneficiary and his/her representative in case the suspended sentence beneficiary is a person under 18 years old;
b) Procuracies of the same level;
c) Criminal judgment enforcement agencies of district-level police offices of localities where commune-level People’s Committees are assigned to supervise and educate suspended sentence beneficiaries, military zone-level criminal judgment enforcement agencies where suspended sentence beneficiaries work;
d) Commune-level People’s Committees and military units assigned to supervise and educate suspended sentence beneficiaries;
dd) The provincial-level Justice Department of the locality where the court has issued the judgment enforcement decision is headquartered.
Article 85. Enforcement of decisions on execution of suspended sentences
Within 03 working days from the date of receipt of the decision on execution of the suspended sentence, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall summon the person entitled to the suspended sentence or his/her representative in case the person entitled to the suspended sentence is under 18 years old to the head office of the commune-level People’s Committee where the person is entitled to the suspended sentence that person resides or the military unit where he or she works to commit to the execution of the sentence. The suspended sentence beneficiary and the representative of the suspended sentence beneficiary must be present according to the summons, except for force majeure reasons or objective obstacles. In case the person entitled to a suspended sentence fails to appear according to the summons or fails to commit, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall make a record of the violation of obligation.
Upon receipt of judgment enforcement decisions, the criminal judgment enforcement agencies of district-level police offices and military zone-level criminal judgment enforcement agencies shall compile judgment enforcement dossiers and send copies to commune-level People’s Committees and military units assigned to supervise and educate suspended sentence beneficiaries. The dossier comprises:
a) Legally effective court judgments or decisions;
b) Decisions on execution of suspended sentences;
c) Commitments of the suspended sentence beneficiaries. For persons entitled to suspended sentences who are from full 14 years old to under 16 years old, their written commitments must be certified by their representatives;
d) Other relevant documents.
Within 07 days from the date of summoning the suspended sentence beneficiary, the commune-level People’s Committee or military unit assigned to supervise and educate the suspended sentence beneficiary shall compile a dossier of supervision and education of the suspended sentence beneficiary. The dossier comprises:
a) Copies of the documents specified in Clause 2 of this Article;
b) Written comments of the commune-level People’s Committee or military unit assigned to supervise and educate the performance of obligations of the suspended sentence beneficiary;
c) A written self-assessment of the person entitled to a suspended sentence on the performance of the law observance obligation; in case the person entitled to a suspended sentence is reviewed under the provisions of Article 91 of this Law, there must be a review report and the minutes of the review meeting;
d) In case the person entitled to a suspended sentence is entitled to a shortened probationary period, a court decision is required;
dd) Other relevant documents.
Before the expiration of the probationary period of 03 days, the commune-level People’s Committee or military unit assigned to supervise and educate shall hand over the supervision and education dossier to the criminal judgment enforcement agency of the district-level Police or the criminal judgment enforcement agency of the military zone. On the last day of the probationary period, the criminal judgment enforcement agencies of the district-level Police and the military zone-level criminal judgment enforcement agencies must issue certificates of completion of the probationary period. The certificate must be sent to the suspended sentence beneficiary, the commune-level People’s Committee, the military unit assigned to supervise and educate, the court that has issued the judgment enforcement decision, the procuracy of the same level, and the provincial-level Justice Department of the locality where the court has issued the judgment enforcement decision is headquartered.
In case the person entitled to a suspended sentence dies, the commune-level People’s Committee or military unit assigned to supervise and educate shall notify the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency for notification to the court that has issued the judgment enforcement decision. Within 03 working days from the date of receipt of the notice, the court that has issued the judgment enforcement decision must issue a decision to suspend the judgment enforcement and send it to the agency specified at Points b, c, d and dd, Clause 2, Article 84 of this Law.
Article 86. Tasks and powers of commune-level People’s Committees and military units assigned to supervise and educate suspended sentence beneficiaries
Commune-level People’s Committees assigned to supervise and educate suspended sentence beneficiaries have the following tasks and powers:
a) Compile dossiers, supervise and educate suspended sentence beneficiaries; handing over dossiers to competent criminal judgment enforcement agencies in accordance with the provisions of this Law;
b) To request the suspended sentence beneficiaries to fully perform their obligations; take measures to educate and prevent such persons when they show signs of violating the law;
c) Commending persons entitled to suspended sentences for making great progress or meritorious achievements;
d) Settle for suspended sentence beneficiaries to be absent from their places of residence in accordance with the provisions of this Law and the law on residence;
dd) Coordinate with socio-political organizations, families and agencies and organizations where the suspended sentence beneficiaries work and study in supervising and educating such persons;
e) Report to the criminal judgment enforcement agency of the district-level police to request the court of the same level to consider and decide on the shortening of the probation period;
g) Report to the criminal judgment enforcement agency of the district-level Police to carry out the order and procedures for requesting the competent court to decide to compel the suspended sentence beneficiary to violate the obligation to serve the imprisonment penalty of the suspended sentence in accordance with this Law;
h) Report to the criminal judgment enforcement agency of the district-level police when the person entitled to the suspended sentence escapes;
i) Monthly written comments on the process of serving judgments of suspended sentence beneficiaries and keep supervision and education dossiers;
k) Report to the competent criminal judgment enforcement agency on the judgment enforcement results.
The commune-level police shall advise and directly assist the commune-level People’s Committee in performing the tasks and exercising the powers specified in Clause 1 of this Article.
Military units assigned to supervise and educate suspended sentence beneficiaries have the following tasks and powers:
a) Tasks and powers specified at Points a, b, c, i and k, Clause 1 of this Article;
b) Coordinate with commune-level People’s Committees in settling for suspended sentence beneficiaries to be absent from their places of residence in accordance with this Law and the law on residence;
c) Coordinate with the family and the commune-level People’s Committee of the locality where the suspended sentence beneficiary resides in supervising and educating such person;
d) Report to the military zone-level criminal judgment enforcement agency to request the regional military court to consider and decide on the shortening of the probation period;
dd) Report to the competent criminal judgment enforcement agency to carry out the order and procedures for requesting the competent court to decide to compel the suspended sentence beneficiary to violate the obligation to serve the imprisonment penalty of the suspended sentence in accordance with this Law;
e) Report to the military zone-level criminal judgment enforcement agency when the person entitled to the suspended sentence escapes.
Article 87. Obligations of persons entitled to suspended sentences
To be present at the summons and commit to the execution of the judgment as prescribed in Clause 1, Article 85 of this Law.
Strictly implement commitments in complying with law, civic obligations, internal rules and regulations of places of residence, work and study; fully comply with additional penalties and the obligation to compensate for damages, unless for objective reasons certified by competent state agencies.
To submit to the supervision and education of commune-level People’s Committees, military units assigned to supervise and educate, criminal judgment enforcement agencies of district-level police offices, and military zone-level criminal judgment enforcement agencies where they reside or work.
To abide by the provisions of Article 92 of this Law.
To be present at the request of the commune-level People’s Committee or the military unit assigned to supervise and educate, the criminal judgment enforcement agency of the district-level police or the criminal judgment enforcement agency of the military zone.
To report in writing to the commune-level People’s Committees and military units assigned to supervise and educate on the performance of their obligations every month. In case of absence as prescribed in Clause 1, Article 92 of this Law, upon the expiration of the duration of absence, the person entitled to the suspended sentence must report on the performance of his/her obligations.
Article 88. The work and study of the person entitled to a suspended sentence
Persons entitled to suspended sentences who are cadres, civil servants, public employees, officers, professional soldiers, non-commissioned officers, soldiers, defense workers and public employees, police workers, and laborers who are allowed to continue working at agencies or organizations shall be assigned jobs to meet the requirements of supervision and education, enjoy salaries and other regimes suitable to the jobs they undertake, which shall be included in their working time and active service time as prescribed by law.
Persons entitled to suspended sentences who are accepted for study by general education or vocational education institutions shall be entitled to benefits according to their regulations.
Persons entitled to suspended sentences other than those specified in Clauses 1 and 2 of this Article shall be facilitated by the commune-level People’s Committees of the localities where they reside.
Persons entitled to suspended sentences who are entitled to the preferential regime for persons with meritorious services to the revolution or who are enjoying the social insurance regime shall comply with the provisions of law.
Article 89. Shortening the probation period for persons entitled to suspended sentences
A person entitled to a suspended sentence may request to shorten the probation period when fully meeting the following conditions:
a) Having served half of the probation period;
b) During the probationary period, the suspended sentence beneficiaries have strictly complied with the law and the obligations prescribed in Article 87 of this Law; actively studying, working, correcting mistakes or making achievements in labor, protecting security and order are commended and rewarded by competent state agencies.
Persons entitled to suspended sentences may only be considered for shortening the probation period 01 time per year, each time from 01 month to 01 year. In case the remaining probationary period does not exceed 01 month, the remaining probationary period may be shortened. The person entitled to a suspended sentence may be entitled to shorten the probation period many times, but must ensure that he or she has actually served three-quarters of the probation period.
In case the person entitled to a suspended sentence has made meritorious deeds or suffers from a serious illness and fully meets the conditions specified in Clause 1 of this Article, the court may shorten the remaining probation period.
In case a person entitled to a suspended sentence has been granted a shortened probation period but subsequently violates the obligations specified in Article 87 of this Law and is compelled by a court to compel such person to serve the imprisonment penalty of the judgment granting the suspended sentence, the shortened probation period shall not be counted as deducted from the time for serving the sentence prisoner.
Article 90. Procedures for shortening the probation period for persons entitled to suspended sentences
Commune-level People’s Committees and military units assigned to supervise and educate suspended sentence beneficiaries shall review eligible persons as prescribed in Clause 1, Article 89 of this Law and report to criminal judgment enforcement agencies of district-level police offices and military zone-level criminal judgment enforcement agencies enclosed with relevant documents for request considering shortening the probation period.
Within 07 days from the date of receipt of the report, the criminal judgment enforcement agency of the district-level police shall compile a dossier and send a written request for shortening the probation period for the eligible person to the court and the procuracy of the same level. In case of deeming that the conditions for making a dossier to shorten the probation period are not met, the criminal judgment enforcement agency of the district-level Police shall notify in writing the commune-level People’s Committee assigned to supervise and educate the person entitled to the suspended sentence.
Within 07 days from the date of receipt of the report, the military zone-level criminal judgment enforcement agency shall compile a dossier and send a written request for shortening the probation period for eligible persons to the court and the regional military procuracy. In case of deeming that the conditions for making dossiers to shorten the probation period are not met, the military zone-level criminal judgment enforcement agencies shall notify in writing the military units assigned to supervise and educate the persons entitled to suspended sentences.
A dossier of request for shortening the probation period comprises:
a) An application for shortening the probation period of the suspended sentence beneficiary;
b) A copy of the judgment. For cases of considering shortening the probation period from the second time, the copy of the judgment shall be replaced with a copy of the decision on execution of the suspended judgment;
c) A written request for shortening the probation period of the commune-level People’s Committee or military unit assigned to supervise and educate the suspended sentence beneficiary;
d) In case the person entitled to the suspended sentence is commended or made meritorious deeds, the dossier must contain the commendation and reward decision or the competent agency’s certification that the person entitled to the suspended sentence has made meritorious deeds; in case of serious disease, there must be a conclusion of the provincial-level hospital or a military zone-level hospital or higher on their medical condition;
dd) In case the person entitled to the suspended sentence has had the probation period shortened, a copy of the decision to shorten the probation period is required.
Within 07 days from the date of receipt of the dossier of request for shortening the probation period, the chief judge of the district-level People’s Court or the chief judge of the regional military court where the suspended sentence beneficiary resides or works shall establish a council and hold a meeting to consider and decide to shorten the probation period. The Council consists of 03 Judges; the meeting was attended by procurators of the procuracies of the same level. In case the dossier must be supplemented at the request of the Court, the time limit for opening the meeting shall be counted from the date of receipt of the supplementary dossier.
Within 03 working days from the date of issuance of the decision on the acceptance of the whole, partial acceptance or non-acceptance of the shortening of the probationary period of the suspended sentence, the court shall send such decision to the judgment servant, the procuracy of the same level or the immediate superior procuracy the agency proposing to shorten the probation period, the Court that has issued the decision to enjoy the suspended sentence, the Department of Justice where the Court issues the decision to enjoy the suspended sentence is headquartered.
Article 91. The review of persons entitled to suspended sentences
During the probationary period, if a person enjoying a suspended sentence falls into one of the following cases, the commune-level People’s Committee or military unit assigned to supervise and educate shall organize the review:
a) Violating the obligations specified in Clauses 2, 3, 4, 5 and 6, Article 87 of this Law and having been reminded in writing of the violation but continuing to commit the violation;
b) Having been administratively sanctioned.
The review must be made in writing, kept in the supervision and education dossier and reported to the criminal judgment enforcement agency of the district-level police or the criminal judgment enforcement agency of the military zone.
Article 92. Settlement of absence from the place of residence, change of place of residence or place of work of the person entitled to a suspended sentence
A person entitled to a suspended sentence may be absent from his/her place of residence if there is a plausible reason and must apply for permission as prescribed in Clause 2 of this Article, and must declare his/her temporary absence in accordance with the law on residence. The period of absence from the place of residence shall not exceed 60 days at a time and the total period of absence from the place of residence must not exceed one-third of the probationary period, except for cases where the patient is sick and must be treated at a medical establishment as prescribed by a doctor and must be certified by such medical establishment.
A person entitled to a suspended sentence when absent from his/her place of residence must apply for permission and obtain the consent of the commune-level People’s Committee or the military unit assigned to supervise and educate; in case of disagreement, the commune-level People’s Committee or military unit must reply in writing and clearly state the reason. Persons entitled to suspended sentences when arriving at their new places of residence must report to the commune-level police offices of the localities where they come to temporarily reside or stay; upon the expiration of the temporary residence or stay duration, it must be certified by the commune-level People’s Committee or the commune-level police of the locality where the temporary residence or stay is located. In case the person entitled to a suspended sentence violates the law, the commune-level People’s Committee of the locality where such person comes to temporarily reside or stay must notify the commune-level People’s Committee or the military unit assigned to supervise and educate together with relevant documents.
The settlement of cases where suspended sentence beneficiaries change their place of residence or place of work shall comply with the provisions of Article 68 of this Law.
Persons entitled to suspended sentences shall not be allowed to leave the country during the probationary period.
Article 93. Handling of violations against persons entitled to suspended sentences
In case the suspended sentence beneficiary breaches the obligations specified in Clause 1, Article 87 of this Law, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall make a record of the violation and at the same time request the suspended sentence beneficiary to be present within 07 days from the date of making the record of violation. Upon the expiration of this time limit, if the suspended sentence beneficiary is still not present, the criminal judgment enforcement agency of the district-level Police or the military zone-level criminal judgment enforcement agency shall make a record of the violation and request the district-level People’s Court of the locality where the suspended sentence beneficiary resides. The regional military court where the person entitled to the suspended sentence works shall decide to compel that person to serve the imprisonment penalty of the judgment that has granted the suspended sentence.
During the probationary period, if the person entitled to a suspended sentence has been reviewed under the provisions of Article 91 of this Law but continues to commit the violation after the review and has been reminded in writing but still deliberately commits the violation, the commune-level police shall propose the commune-level People’s Committee to report, request the criminal judgment enforcement agency of the district-level Police to carry out the order and procedures for requesting the competent court to decide to compel the person to serve the imprisonment penalty of the suspended sentence.
Within 05 working days from the date of receipt of the report, the criminal judgment enforcement agency of the district-level police shall compile a dossier of request for compulsory imprisonment of the suspended sentence and send it to the district-level People’s Court for consideration and decision. and at the same time send it to the Procuracy of the same level. The dossier comprises:
a) A written request of the criminal judgment enforcement agency of the district-level Police;
b) The report of the commune-level People’s Committee assigned to supervise and educate the suspended sentence beneficiary on the suspended sentence beneficiary’s violation of obligations 02 times or more;
c) The record of the suspended sentence beneficiary’s breach of obligation;
d) Decisions on sanctioning administrative violations against persons entitled to suspended sentences in case such persons are administratively sanctioned;
dd) A record of review of the suspended sentence beneficiary who has breached his/her obligations;
e) Other relevant documents.
During the probationary period, if a person entitled to a suspended sentence who is supervised or educated by a military unit has been reviewed under the provisions of Article 91 of this Law but after the review continues to commit the violation and has been reminded in writing but still deliberately commits the violation, the military unit shall supervise, educate and make records of violations and request the military zone-level criminal judgment enforcement agencies to carry out the order and procedures for requesting competent courts to decide to compel such persons to serve the imprisonment penalties of the suspended sentences, and at the same time send them to the military procuracies of the same level. The dossier comprises:
a) A written request of the military zone-level criminal judgment enforcement agency;
b) The report of the military unit assigned to supervise and educate the suspended sentence beneficiary on the suspended sentence beneficiary’s violation of obligations 02 times or more;
c) The record of the suspended sentence beneficiary’s breach of obligation;
d) Decisions on sanctioning administrative violations against persons entitled to suspended sentences in case such persons are administratively sanctioned;
dd) A record of review of the suspended sentence beneficiary who has breached his/her obligations;
e) Other relevant documents.
Within 05 working days from the date of receipt of the application dossier, the chief judge of the district-level People’s Court or the chief judge of the regional military court where the suspended sentence beneficiary resides or works shall establish a council and hold a meeting to consider and decide on compulsory imprisonment of the suspended sentence. The Council consists of 03 Judges; the meeting was attended by procurators of the procuracies of the same level. In case the dossier must be supplemented at the request of the Court, the time limit for opening the meeting shall be counted from the date of receipt of the supplementary dossier.
Within 03 working days from the date of issuance of the decision on compulsory execution of the imprisonment penalty of the suspended sentence, the court must send the decision to the individual or agency specified in Clause 2, Article 84 of this Law.
Within 03 working days from the date on which the court’s decision takes legal effect, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall carry out procedures for sending the person who is forced to serve the imprisonment penalty of the suspended judgment to serve the imprisonment sentence. In case the person who is sentenced by the court to serve the imprisonment penalty of the suspended sentence runs away, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall carry out procedures to request the competent criminal judgment enforcement agency to issue a wanted decision.
In case the court refuses to accept the request for compulsory imprisonment of the suspended sentence, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall save the decision and relevant documents in the suspended judgment enforcement dossier and notify the decision to the commune-level People’s Committee.  military units assigned to supervise and educate suspended sentence beneficiaries to continue supervision and education.
Article 94. Responsibilities for supervision and education of agencies, organizations and families for persons entitled to suspended sentences
Relevant agencies and organizations shall coordinate with commune-level People’s Committees and military units in supervising and educating persons entitled to suspended sentences.
Families of suspended sentence beneficiaries shall coordinate in supervising and educating and notifying the judgment execution results of suspended sentence beneficiaries to the commune-level People’s Committees assigned to supervise and educate them upon request; must be present at the meeting to review the person entitled to a suspended sentence at the request of the commune-level People’s Committee or the military unit assigned to supervise and educate.
Section 2. ENFORCEMENT OF WARNING
Article 95. Enforcement of warning penalties
Within 07 days from the date the judgment takes legal effect, the court that has conducted the first-instance trial must send the judgment to the person subject to the warning, the criminal judgment enforcement agency of the district-level Police, the criminal judgment enforcement agency of the military zone, the commune-level People’s Committee, military units where the persons subject to warning reside or work, and provincial-level Justice Services where the courts that have conducted first-instance trials are headquartered.
Criminal judgment enforcement agencies of district-level police offices and military zone-level criminal judgment enforcement agencies shall have to monitor, make statistics and report in accordance with the provisions of this Law.
Section 3. EXECUTION OF NON-CUSTODIAL REFORM SENTENCES
Article 96. Decision on execution of non-custodial reform sentence
A decision on execution of a non-custodial reform sentence must clearly state the full name and position of the decision issuer; the judgment is enforced; full name, date of birth, place of residence of the judgment servant; the time limit for serving the non-custodial reform sentence; additional penalties, except for additional penalties, which are fines; name of the agency tasked to implement it; Commune-level People’s Committees and military units assigned to supervise and educate judgment servants.
Within 03 working days from the date of issuance of the decision on execution of the non-custodial reform sentence, the court must send such decision to the following individuals or agencies:
a) The judgment servant or the representative in case the judgment servant is a person under 18 years old;
b) Procuracies of the same level;
c) Criminal judgment enforcement agencies of district-level police offices where commune-level People’s Committees are assigned to supervise and educate judgment servants, military zone-level criminal judgment enforcement agencies where judgment servants work;
d) Commune-level People’s Committees and military units assigned to supervise and educate judgment servants;
dd) The provincial-level Justice Department of the locality where the court has issued the judgment enforcement decision is headquartered.
Article 97. Execution of decisions on execution of non-custodial reform sentences
Within 03 working days from the date of receipt of the decision on execution of the non-custodial reform sentence, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall summon the judgment servant or his/her representative in case the judgment servant is under 18 years old to the head office of the district-level People’s Committee the commune where the person resides, the military unit where the person works to commit to the execution of the judgment. The judgment servant and the judgment servant’s representative must be present according to the summons, except for force majeure reasons or objective obstacles. In case the judgment servant fails to appear according to the summons or fails to commit, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall make a record of the breach of obligation.
Upon receipt of judgment enforcement decisions, criminal judgment enforcement agencies of district-level police offices and military zone-level criminal judgment enforcement agencies shall compile judgment enforcement dossiers and send copies to commune-level People’s Committees and military units assigned to supervise and educate judgment servants. The dossier comprises:
a) Legally effective court judgments or decisions;
b) Decision on judgment enforcement;
c) Commitments of judgment servants. For judgment servants who are between full 14 and under 16 years old, their written commitments must be certified by their representatives;
d) Other relevant documents.
Within 07 days from the date of summoning the judgment servant, the commune-level People’s Committee or military unit assigned to supervise and educate the judgment servant must compile a dossier of supervision and education of the judgment servant. The dossier comprises:
a) The documents specified in Clause 2 of this Article;
b) The written remarks of the commune-level People’s Committee or military unit assigned to supervise and educate the judgment servant on the performance of obligations;
c) The judgment servant’s written self-assessment on the performance of the law observance obligation; in case the judgment servant is reviewed under the provisions of Article 105 of this Law, there must be a review report and the minutes of the review meeting;
d) In case of reduction of the judgment serving duration or exemption from serving the non-custodial reform sentence, a court decision is required;
dd) Other relevant documents.
03 days before the expiration of the judgment serving time, the commune-level People’s Committee or military unit assigned to supervise and educate shall hand over the supervision and education dossier to the criminal judgment enforcement agency of the district-level Police or the military zone-level criminal judgment enforcement agency. On the last day of the time limit for serving non-custodial reform sentences, the criminal judgment enforcement agencies of district-level police offices and military zone-level criminal judgment enforcement agencies must issue certificates of complete execution of non-custodial reform sentences. The certificate must be sent to the judgment servant, the commune-level People’s Committee, the military unit assigned to supervise and educate, the court that has issued the judgment enforcement decision, the procuracy of the same level and the provincial-level Justice Department of the locality where the court has issued the judgment enforcement decision is headquartered.
In case of death of a judgment servant, the commune-level People’s Committee or military unit assigned to supervise and educate shall notify the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency to notify the court that has issued the judgment enforcement decision. Within 03 working days from the date of receipt of the notice, the court that has issued the judgment enforcement decision must issue a decision to suspend the judgment enforcement and send it to the agency specified at Points b, c, d and dd, Clause 2, Article 96 of this Law.
Article 98. Tasks and powers of commune-level People’s Committees and military units assigned to supervise and educate persons serving non-custodial reform sentences
Commune-level People’s Committees assigned to supervise and educate judgment servants have the following tasks and powers:
a) Compile dossiers, organize the supervision and education of judgment servants; handing over dossiers to competent criminal judgment enforcement agencies in accordance with the provisions of this Law;
b) Request the judgment servant to fully perform his/her obligations; take measures to educate and prevent such persons when they show signs of violating the law;
c/ To commend judgment servants who have made great progress or made meritorious achievements;
d) Settle the judgment servants who are absent from their places of residence in accordance with the provisions of this Law and the law on residence;
dd) Coordinate with socio-political organizations, families and agencies and organizations where the judgment servants work and study in supervising and educating such persons;
e) Report to the criminal judgment enforcement agency of the district-level police to request the competent court to consider and decide on the reduction of the judgment serving duration or exemption from judgment serving;
g) Coordinate with civil judgment enforcement agencies in deducting part of the judgment debtor’s income under the court’s decision to contribute to the state fund;
h) Organize the supervision of judgment servants in the performance of a number of labor jobs in service of the community;
i) Request agencies or persons competent to sanction administrative violations or consider and examine the judgment servants for penal liability in the cases specified in Clause 2, Article 105 of this Law;
k) Monthly written comments on the judgment execution process of the judgment servant and keep the supervision and education dossiers;
l) Report to competent criminal judgment enforcement agencies on judgment enforcement results.
The commune-level police shall advise and directly assist the commune-level People’s Committee in performing the tasks and exercising the powers specified in Clause 1 of this Article.
Military units assigned to supervise and educate judgment servants have the following tasks and powers:
a) Tasks and powers specified at Points a, b, c, g, i, k and l, Clause 1 of this Article;
b/ To coordinate with commune-level People’s Committees in settling for judgment servants to be absent from their places of residence in accordance with the provisions of this Law and the law on residence;
c) Coordinate with the family and the commune-level People’s Committee of the locality where the judgment debtor resides in supervising and educating such person;
d) Report to the military zone-level criminal judgment enforcement agency to request the competent court to consider and decide on the reduction of the judgment serving duration or exemption from judgment serving.
Article 99. Obligations of persons serving non-custodial reform sentences
To be present at the summons and commit to the execution of the judgment as prescribed in Clause 1, Article 97 of this Law.
To strictly abide by the commitment to comply with the law, fully fulfill the civic obligations, internal rules and regulations of the place of residence and workplace; actively participate in labor and study; fully comply with the obligation to compensate for damage and additional penalties according to the Court’s judgment.
To fulfill the obligation to pay the deducted income; perform a number of labor jobs to serve the community in accordance with law.
To submit to the supervision and education of commune-level People’s Committees, military units assigned to supervise and educate, criminal judgment enforcement agencies of district-level police and military zone-level criminal judgment enforcement agencies of the localities where they reside or work.
To abide by the provisions of Article 100 of this Law.
To be present at the request of commune-level People’s Committees, military units assigned to supervise and educate, criminal judgment enforcement agencies of district-level Police Departments and military zone-level criminal judgment enforcement agencies.
To submit monthly self-remarks on the fulfillment of the judgment serving obligation to the commune-level People’s Committees or military units assigned to supervise and educate, except for the case specified in Clause 1, Article 100 of this Law.
Article 100. Settlement of the absence from the place of residence, change of place of residence or place of work of the person serving the non-custodial reform sentence
Judgment servants may be absent from their places of residence if they have plausible reasons and must apply for permission as prescribed in Clause 2 of this Article, and must declare their temporary absence in accordance with the law on residence. The duration of absence from the place of residence shall not exceed 30 days each time and the total duration of absence from the place of residence must not exceed one-third of the time of serving the judgment, except for cases where the patient must be treated at a medical establishment as prescribed by a doctor and must be certified by such medical establishment.
When the judgment servant is absent from his/her place of residence, she must apply for permission and obtain the consent of the commune-level People’s Committee or the military unit assigned to supervise and educate; in case of disagreement, the commune-level People’s Committee or military unit must reply in writing and clearly state the reason. Judgment servants who arrive at their new places of residence must report to the commune-level police offices of the localities where they come to temporarily reside or stay; upon the expiration of the temporary residence or stay duration, it must be certified by the commune-level People’s Committee or the commune-level police of the locality where the temporary residence or stay is located. In case the judgment servant violates the law, the commune-level People’s Committee of the locality where such person comes to temporarily reside or stay must notify the commune-level People’s Committee or the military unit assigned to supervise and educate together with relevant documents.
The settlement of cases where judgment servants change their places of residence or working places in the army shall comply with the provisions of Article 68 of this Law.
Judgment servants are not allowed to leave the country during the time of serving their sentences.
Article 101. The work and study of persons serving non-custodial reform sentences
Judgment servants who are cadres, civil servants, public employees, officers, professional soldiers, non-commissioned officers, soldiers, defense workers and public employees, police workers, and laborers who are allowed to continue working at agencies or organizations may be assigned jobs to meet the supervision requirements. education, enjoy salaries and other regimes suitable to the jobs they undertake, which shall be included in their working time and active service time as prescribed by law.
Judgment servants who are accepted for study by general education or vocational education institutions shall enjoy benefits according to their regulations.
Judgment servants who do not fall into the cases specified in Clauses 1 and 2 of this Article shall be facilitated by the commune-level People’s Committees of the localities where they serve their sentences.
Judgment servants who are eligible for the preferential regime for persons with meritorious services to the revolution or persons who are enjoying the social insurance regime shall comply with the provisions of law.
Judgment servants who have no jobs or lose their jobs during the judgment serving period must perform a number of labor jobs in service of the community.
Within 03 working days from the date the judgment servant is determined to be unemployed or unemployed, the commune-level police shall report in writing to the People’s Committee of the same level; within 03 working days from the date of receipt of the report, the commune-level People’s Committee shall report to the criminal judgment enforcement agency of the district-level Police.
Within 03 working days from the date of receipt of the report of the commune-level People’s Committee, the criminal judgment enforcement agency of the district-level Police must consider and decide to compel the judgment servant to perform a number of labor jobs in service of the community.
The report of the commune-level People’s Committee and the decision of the criminal judgment enforcement agency of the district-level police must clearly state the type of work and the working time in service of the community expected to be compelled to perform by the judgment servant.
Based on the decision to compel the judgment servant to perform a number of labor jobs in service of the community, the commune-level People’s Committee shall assign the judgment servant to perform a number of labor jobs in service of the community under the supervision of the commune-level Police.
Article 102. Reduction of the term of non-custodial reform sentence
Judgment servants may be decided by district-level People’s Courts or regional military courts to reduce the judgment serving duration when the following conditions are fully met:
a) Having served one-third of the fine sentence term; for persons under 18 years of age, they must serve one-quarter of the penalty term;
b) During the probation period, the judgment servant has strictly complied with the obligations specified in Article 99 of this Law; actively studying, working, correcting mistakes or making achievements in labor, protecting security, ensuring social order and safety and being commended and rewarded by competent state agencies;
c) Compensation for part of civil obligations in case of civil obligations.
Judgment servants may be considered for reduction of the judgment serving term 01 time per year, each time may be reduced from 03 months to 09 months.
Judgment servants may be entitled to reduction of the judgment serving time several times but must ensure that the actual time of serving the judgment is one-fifth of the sentence level, and for the judgment servants who are under 18 years of age, the actual time of serving the judgment must be two-fifths of the sentence level.
Judgment servants who have made meritorious deeds, who are too old or infirm or who suffer from serious diseases who have served one-quarter of the sentence term may be considered for reduction of the judgment serving duration, the highest reduction rate for each time is 01 year but must ensure that the actual time of judgment serving is two-fifths of the sentence level.
Judgment servants who are under 18 years of age who, if they make meritorious deeds or suffer from serious diseases, shall be considered for immediate reduction. In case they have served two-fifths of the sentence, they may be reduced to the end of the remaining term.
Article 103. Procedures for reducing the term of serving a non-custodial reform sentence
Commune-level People’s Committees and military units assigned to supervise and educate judgment servants shall review persons eligible for reduction of judgment serving duration and report to criminal judgment enforcement agencies of district-level police offices or military zone-level criminal judgment enforcement agencies enclosed with relevant documents to request reduction of judgment serving durations.
Within 07 days from the date of receipt of the report, the criminal judgment enforcement agency of the district-level police shall compile a dossier and send a written request for reduction of the judgment serving time limit for the eligible person to the court and the procuracy of the same level. In case of deeming that the conditions for making a dossier of reduction of the judgment serving term are not met, the criminal judgment enforcement agency of the district-level police shall notify in writing the commune-level People’s Committee assigned to supervise and educate the judgment servant.
Within 07 days from the date of receipt of the report, the military zone-level criminal judgment enforcement agency shall compile a dossier and send a written request for reduction of the judgment serving term for eligible persons to the court and the regional military procuracy. In case of deeming that the conditions for making a dossier of reduction of the judgment serving term are not met, the military zone-level criminal judgment enforcement agency shall notify in writing the military unit assigned to supervise and educate the judgment servant.
A dossier of request for reduction of the judgment serving term comprises:
a) An application for reduction of the judgment serving term of the judgment servant;
b) A copy of the judgment. For cases of considering the reduction of the judgment serving term from the second time, the copy of the judgment shall be replaced with a copy of the judgment enforcement decision;
c) A written request for reduction of the judgment serving term of the commune-level People’s Committee or military unit assigned to supervise and educate the judgment servant;
d) In case the judgment servant is commended or made meritorious deeds, the dossier must contain the commendation decision or the competent agency’s certification of the judgment servant’s meritorious deeds; in case of serious disease, there must be a conclusion of the provincial-level hospital or a military zone-level hospital or higher on their medical condition; documents showing that part of the civil obligation has been fulfilled;
dd) In case the judgment servant has had the judgment serving term reduced, a copy of the decision on reduction of the judgment serving time limit is required;
e) Other relevant documents.
Within 07 days from the date of receipt of the dossier of request for reduction of the judgment serving duration, the chief judge of the district-level People’s Court or the chief judge of the regional military court where the judgment debtor resides or works shall establish a council and hold a meeting to consider and decide to reduce the term of serving the non-custodial reform sentence. The Council consists of 03 Judges; the meeting was attended by procurators of the procuracies of the same level. In case the dossier must be supplemented at the request of the Court, the time limit for opening the meeting shall be counted from the date of receipt of the supplementary dossier.
Within 03 working days from the date of issuance of the decision on the acceptance of the whole, partial acceptance or non-reduction of the judgment serving duration, the court shall send such decision to the judgment servant, the procuracy of the same level, the immediate superior procuracy the agency requesting the reduction of the judgment serving term, the court that has issued the judgment enforcement decision, the provincial-level Justice Department of the locality where the court issues the decision to reduce the judgment serving term is headquartered.
Article 104. Procedures for exemption from serving non-custodial reform sentences
District-level People’s Procuracies and Military Procuracies of the regions where the judgment servants are residing or working on their own or at the request of the criminal judgment enforcement agencies of the district-level Police or the military zone-level criminal judgment enforcement agencies shall consider and compile dossiers to request the courts of the same level to consider exemption from judgment execution. The dossier comprises:
a) A copy of the legally effective court judgment or decision;
b) The written request of the Procuracy Chairman;
c) A written request of the criminal judgment enforcement agency in case this agency requests it;
d) An application for exemption from serving the sentence of the convict or his/her representative as prescribed by law;
dd) The competent agency’s certification that the convict has made meritorious deeds; conclusions of provincial-level hospitals, military zone-level hospitals or higher on the medical condition of the convicted persons suffering from critical illnesses; certification of competent agencies that the convict has well observed the law and has extremely difficult family circumstances.
Within 15 days from the date of receipt of the dossier specified in Clause 1 of this Article, the chief justice of the court is competent to set up a council and hold a meeting to consider and decide on exemption from execution of the judgment. The Council consists of 03 Judges; the meeting was attended by procurators of the procuracies of the same level. In case the dossier must be supplemented at the request of the Court, the time limit for opening the meeting shall be counted from the date of receipt of the supplementary dossier.
Within 3 working days from the date of issuance of the decision on judgment execution exemption, the court shall send such decision to the convict, the procuracy of the same level, the immediate superior procuracy, the court that has issued the judgment enforcement decision, the criminal judgment enforcement agency of the same level, Commune-level People’s Committees, military units assigned to supervise and educate judgment servants, and provincial-level Justice Services where courts have issued decisions on exemption from judgment execution are headquartered.
Article 105. Handling of violations against persons serving non-custodial reform sentences
In case the judgment servant deliberately violates the obligations specified in Article 99 of this Law, the commune-level police or military unit shall make a record of the violation. In case a record of the violation of obligations has been made 02 times but the judgment servant continues to commit the violation, the commune-level police shall request the commune-level People’s Committee assigned to supervise and educate to organize the review of such person; in case the judgment servant is supervised and educated by the military unit, the military unit shall organize the review of that person.
The review must be made in writing, supervised and educated and reported to the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency.
Judgment servants who have been reviewed but continue to deliberately fail to fulfill the obligations specified in Article 99 of this Law shall not be considered for reduction of the judgment serving duration. Depending on the nature and seriousness of the violations, the commune-level People’s Committees and military units assigned to supervise and educate shall propose competent agencies and persons to sanction administrative violations or consider examining them for penal liability.
Article 106. Responsibilities for supervision and education of agencies, organizations and families of persons serving non-custodial reform sentences
Relevant agencies and organizations shall coordinate with commune-level People’s Committees and military units in supervising and educating judgment servants.
Families of judgment debtors shall coordinate in supervising, educating and notifying judgment execution results of judgment servants to commune-level People’s Committees assigned to supervise and educate them upon request; must be present at the meeting to review the judgment servant at the request of the commune-level People’s Committee or the military unit assigned to supervise and educate.
 
Chapter VI
EXECUTION OF A RESIDENCE BAN OR PROBATION
Section 1. ENFORCEMENT OF RESIDENCE BAN
Article 107. Procedures for execution of residence ban penalty
Two months before the expiration of the term of serving imprisonment sentences for prisoners subject to additional penalties of residence ban, prison superintendents, superintendents of detention camps, heads of criminal judgment enforcement agencies of provincial-level police offices or military zone-level criminal judgment enforcement agencies shall notify in writing the contents specified in Clause 1 of Article 46 of this Law to the criminal judgment enforcement agencies of the district-level Police of the localities where such persons reside and where such persons are banned from residing, the commune-level People’s Committees of the localities where such persons reside and where such persons are banned from residing.
Immediately after an inmate commits an additional penalty of residence ban, or has completely served his or her imprisonment sentence, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency where such person has served the sentence must send a certificate of complete serving of the imprisonment sentence. a copy of the judgment or judgment enforcement decision to the criminal judgment enforcement agency of the district-level police where the judgment debtor resides.
Within 05 working days from the date of receipt of the documents specified in Clause 2 of this Article, the criminal judgment enforcement agency of the district-level police of the locality where the judgment debtor resides shall compile a dossier of execution of the residence ban penalty and send copies of the documents to the commune-level People’s Committee of the locality where the judgment debtor resides and the commune-level People’s Committee of the locality where the banned judgment servant resides. The dossier comprises:
a) A copy of the legally effective court judgment or decision;
b) A copy of the decision on execution of the imprisonment sentence;
c) The certificate of complete execution of the imprisonment sentence;
d) Other relevant documents.
Within 07 days from the date of receipt of the documents specified in Clause 3 of this Article, the commune-level People’s Committee of the locality where the judgment debtor resides shall summon the judgment servant and request the commitment to execute the judgment, compile a supervision dossier, educating judgment servants. The dossier comprises:
a) The documents specified in Clause 3 of this Article;
b) Commitments of judgment servants; comments on the process of serving the residence ban penalty;
c) A record of the judgment servant’s violation of obligations (if any);
d) Decisions on sanctioning administrative violations against judgment servants (if any);
dd) The court’s decision on exemption from serving the remaining residence ban duration (if any);
e) Other relevant documents.
03 days before the expiration of the residence ban period or within 03 days from the date of receipt of the decision on exemption from serving the remaining residence ban duration, the commune-level People’s Committee of the locality where the judgment debtor resides shall hand over the dossier of supervision and education of the judgment servant to the criminal judgment enforcement agency of the district-level Police for issuance of certificates have completely served their residence ban sentences. The certificate must be sent to the judgment servant, the commune-level People’s Committee of the locality where the judgment debtor resides, the commune-level People’s Committee of the locality where the judgment servant is banned from residing, the court that has issued the judgment enforcement decision, the provincial-level Justice Department of the locality where the criminal judgment enforcement agency or the district-level police have issued the certificate of complete execution of the residence ban penalty headquarters.
In case the judgment debtor dies, the commune-level People’s Committee of the locality where the judgment debtor resides shall notify the criminal judgment enforcement agency of the district-level police for notification to the court that has issued the judgment enforcement decision. Within 03 working days from the date of receipt of the notice, the court that has issued the judgment enforcement decision must issue a decision to suspend judgment enforcement and send it to the criminal judgment enforcement agency of the district-level Police, the procuracy of the same level, the commune-level People’s Committee of the locality where the judgment debtor resides, The commune-level People’s Committee of the locality where the banned judgment servant resides, the provincial-level Justice Department of the locality where the court has issued the judgment enforcement decision is headquartered.
Article 108. Tasks and powers of the commune-level People’s Committee of the locality where the judgment debtor resides
The commune-level People’s Committee of the locality where the judgment debtor resides shall have the following tasks and powers:
a) Receive dossiers, supervise and educate judgment servants; create conditions for them to work and study normally;
b) Summon judgment servants to notify judgment enforcement; disseminate rights and obligations and regulations related to the execution of judgments;
c) Give written comments and keep monitoring dossiers on the process of serving the residence ban penalty when such person moves his/her place of residence;
d) Request the judgment servant to commit and fully fulfill his/her obligations; take measures to educate and prevent such persons when they show signs of violating the law;
dd) Report to the criminal judgment enforcement agency of the district-level police to request the competent court to consider the exemption from serving the remaining residence ban duration for the judgment servant;
e) Report to competent criminal judgment enforcement agencies on judgment enforcement results.
The commune-level police shall advise and directly assist the commune-level People’s Committee in performing the tasks and exercising the powers specified in Clause 1 of this Article.
Article 109. Rights and obligations of persons serving residence ban penalties
Persons serving residence ban sentences shall have the following rights:
a) When there is a plausible reason and with the consent of the commune-level People’s Committee of the locality where the residence ban is obtained, the person serving the residence ban sentence may come to that locality; the duration of stay shall be decided by the commune-level People’s Committee of the place of destination, but each time must not exceed 05 days;
b) When fully meeting the conditions prescribed by law, they shall be requested by the commune-level People’s Committee of the locality where they reside to be exempted from serving the term of residence ban under the provisions of this Law.
Persons serving residence ban sentences shall have the following obligations:
a) Not to reside in places where residence has been banned, except for the case specified at Point a, Clause 1 of this Article;
b) Strictly abide by their commitments in complying with law;
c) To be present at the request of the commune-level People’s Committee of the locality where the judgment debtor resides.
Article 110. Procedures for exemption from serving the remaining residence ban period
When the judgment servant satisfies the conditions specified in Clause 6, Article 62 of the Penal Code, the commune-level People’s Committee of the locality where the judgment servant resides shall report to the criminal judgment enforcement agency of the district-level police to compile a dossier to request the court of the same level to consider exemption from serving the remaining residence ban duration. and at the same time send a copy to the Procuracy of the same level. The dossier comprises:
a) A copy of the legally effective court judgment or decision; a copy of the judgment enforcement decision;
b) A written request of the commune-level People’s Committee;
c) A written request of the criminal judgment enforcement agency of the district-level Police;
d) An application for exemption from serving the judgment of the person banned from residence;
dd) Other relevant documents.
Within 15 days from the date of receipt of the dossier specified in Clause 1 of this Article, the chief justice of the court is competent to set up a council and hold a meeting to consider and decide on exemption from serving the remaining residence ban duration. The Council consists of 03 Judges; the meeting was attended by procurators of the procuracies of the same level. In case the dossier must be supplemented at the request of the Court, the time limit for opening the meeting shall be counted from the date of receipt of the supplementary dossier.
Within 03 working days from the date of issuance of the decision on exemption from serving the remaining residence ban duration, the court shall send such decision to the judgment servant, the procuracy of the same level, the immediate superior procuracy or the court that has issued the judgment enforcement decision. criminal judgment enforcement agencies of the same level, commune-level People’s Committees of the localities where such persons reside and where such persons are banned from residing, and provincial-level Justice Services of the localities where the courts have issued decisions on exemption from judgment execution are headquartered.
Article 111. Handling of persons serving residence ban penalties who violate their obligations
In case the judgment servant comes to stay without permission or stays beyond the permitted time limit, the chief of the police or the president of the commune-level People’s Committee shall sanction the administrative violation according to his/her competence, force him or her to leave the locality and notify the commune-level People’s Committee of the locality where the judgment debtor resides.
In case the person serving the residence ban sentence fails to fulfill the obligations specified at Points b and c, Clause 2, Article 109 of this Law, he/she shall not be considered for exemption from serving the remaining residence ban duration.
Section 2. EXECUTION OF PROBATION SENTENCES
Article 112. Procedures for enforcement of probation sentences
Two months before the expiration of the term of serving the imprisonment sentence for prisoners with the additional penalty of probation, the prison superintendent shall have to notify in writing the contents specified in Clause 1, Article 46 of this Law to the criminal judgment enforcement agency of the district-level police The commune-level People’s Committee of the locality where the person resides to serve the probation penalty.
When an inmate commits an additional penalty of probation and has completely served his or her imprisonment sentence, the prison shall hand over the probation person enclosed with a copy of the judgment, the judgment execution decision, the certificate of complete execution of the imprisonment sentence, the comment on the imprisonment sentence serving result and relevant documents to the criminal judgment enforcement agency of the district-level police at the headquarters of the commune-level People’s Committee of the locality where such person resides. The criminal judgment enforcement agency of the district-level Police must immediately hand over such person to the commune-level People’s Committee for control and education.
Within 05 working days from the date of receipt of the judgment servant, the criminal judgment enforcement agency of the district-level Police shall make a dossier of execution of the probation sentence and send copies of the documents to the commune-level People’s Committee of the locality where the judgment debtor resides. The dossier comprises:
a) A copy of the legally effective court judgment or decision;
b) A copy of the decision on execution of the imprisonment sentence;
c) The certificate of complete execution of the imprisonment sentence;
d) The record of handing over the person on probation;
dd) Documents on the process of serving the imprisonment sentence and other relevant documents.
Within 07 days from the date of receipt of the documents specified in Clause 3 of this Article, the commune-level People’s Committee of the locality where the judgment debtor resides shall summon the judgment servant and request a commitment to the judgment execution, compile a control dossier, educate persons serving probation sentences. The dossier comprises:
a) The documents specified in Clause 3 of this Article;
b) The commitment of the person serving the probation sentence;
c) Comments on the process of serving the probation sentence;
d) A record of the judgment servant’s violation of obligations (if any);
dd) Decisions on sanctioning administrative violations against judgment servants (if any);
e) The Court’s decision on exemption from serving the remaining probation term (if any);
g) Other relevant documents.
03 days before the expiration of the probation duration or within 03 days from the date of receipt of the court’s decision on exemption from serving the remaining probation term, the commune-level People’s Committee shall hand over the control and education dossier to the criminal judgment enforcement agency of the district-level police for issuance of a certificate of complete execution of the probation sentence. The certificates must be sent to the judgment servants, the commune-level People’s Committees of the localities where such persons reside, the courts that have issued the judgment enforcement decisions, and the provincial-level Justice Services of the localities where the criminal judgment enforcement agencies of the district-level Police have issued the certificates of complete execution of the probation sentences are headquartered.
In case the judgment debtor dies, the commune-level People’s Committee of the locality where the judgment debtor resides shall notify the criminal judgment enforcement agency of the district-level police for notification to the court that has issued the judgment enforcement decision. Within 03 working days from the date of receipt of the notice, the court that has issued the judgment enforcement decision must issue a decision to suspend judgment enforcement and send it to the criminal judgment enforcement agency of the district-level Police, the procuracy of the same level, the commune-level People’s Committee of the locality where the judgment debtor resides, The Department of Justice of the locality where the Court has issued the judgment enforcement decision is headquartered.
Article 113. Tasks and powers of the commune-level People’s Committee of the locality where the person serving the probation sentence resides
The commune-level People’s Committee of the locality where the judgment debtor resides shall have the following tasks and powers:
a) Receive judgment servants and dossiers of execution of probation sentences; organizing the control and education of judgment servants; create conditions for them to work and study normally at the place of probation; make written comments and keep monitoring records on the process of executing judgments;
b) Summon judgment servants to notify judgment enforcement, disseminate rights and obligations and regulations related to judgment execution;
c) Request the judgment servant to commit and fully perform his/her obligations; take measures to educate and prevent such persons when they show signs of violating the law; summoning persons on probation in case of necessity; to grant permits for judgment servants to leave the places of probation under the provisions of Article 115 of this Law;
d) Every 03 months, 01 time to comment on the judgment execution process and send it to the criminal judgment enforcement agency of the district-level Police Department;
dd) Report to the criminal judgment enforcement agency of the district-level police to request the competent court to consider the exemption from serving the remaining probation term for the judgment servant;
e) Report to competent criminal judgment enforcement agencies on judgment enforcement results.
The commune-level police shall advise and directly assist the commune-level People’s Committee in performing the tasks and exercising the powers specified in Clause 1 of this Article.
Article 114. Rights and obligations of persons serving probation sentences
Judgment servants have the following rights:
a) Living with their families at places of probation;
b) To select appropriate jobs, except for the branches, occupations or jobs which the judgment servants are not allowed to do in accordance with law; enjoy the fruits of their labor;
c) Freedom of movement within the communes, wards or townships where the probation is held;
d) To be considered for exemption from serving the remaining probation term as prescribed in Article 117 of this Law.
Judgment servants have the following obligations:
a) Submit to the control and education of commune-level People’s Committees and local people; not to leave the place of probation on their own;
b) Once a month, in the first week of the month, present and report to the commune-level People’s Committee where the observance of regulations on probation is supervised;
c) To be present at the place specified when the commune-level People’s Committee convenes and, if absentee, must have a plausible reason;
d) Strictly abide by policies, laws and regulations of local administrations; actively working, studying and renovating to become useful people for society;
dd) In case of being allowed to leave the place of probation, the person serving the probation sentence must declare his or her temporary absence; presenting and presenting permits, carrying out procedures for temporary residence and stay registration with the commune-level police of the place of arrival as prescribed; return to the place of probation on time and report to the commune-level People’s Committee.
Article 115. Settlement of cases where the person serving the probation sentence leaves the place of probation
In case of plausible reasons, the judgment servant may be granted a permit to leave the place of probation. The competence to grant licenses is as follows:
a) The Chairperson of the commune-level People’s Committee of the locality of probation shall grant a travel permit within the district level where the probation is held;
b) The head of the criminal judgment enforcement agency of the district-level Police shall grant travel permits within the province where the probation is held;
c) The head of the criminal judgment enforcement agency of the provincial-level police shall grant a permit to go outside the provincial level where the probation is held.
The duration of the judgment servant being allowed to leave the place of probation shall be decided by the person competent to grant the permit, but each time must not exceed 10 days. In case the judgment servant has to go for medical treatment, the time to leave the place of probation shall be the treatment time of the medical treatment establishment.
Article 116. Handling of persons serving probation sentences who violate their obligations
In case the judgment servant violates the obligations specified in Clause 2, Article 114 of this Law, the commune-level police shall make a record of the violation of obligations and keep the judgment enforcement dossier.
If a person serving a probation sentence leaves a place of probation without a permit or violates the provisions stated in the permit without plausible reasons, this time shall not be included in the time limit for serving the probation sentence.
Persons serving probation sentences who violate the obligations specified in Clause 2, Article 114 of this Law shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability.
Article 117. Procedures for exemption from serving the remaining probation term
When the person serving the probation sentence fully meets the conditions specified in Clause 6, Article 62 of the Penal Code, the commune-level People’s Committee where the probation is held shall report to the criminal judgment enforcement agency of the district-level police to compile a dossier to request the court of the same level to consider exemption from serving the remaining probation term. and at the same time send it to the Procuracy of the same level. The dossier comprises:
a) A copy of the legally effective court judgment or decision; a copy of the decision on execution of the imprisonment sentence;
b) A written request of the commune-level People’s Committee where the probation is held;
c) A written request of the criminal judgment enforcement agency of the district-level Police;
d) An application for exemption from serving the sentence of the person serving the probation sentence;
dd) Other relevant documents.
Within 15 days from the date of receipt of the dossier specified in Clause 1 of this Article, the chief justice of the court is competent to set up a council and hold a meeting to consider and decide on exemption from serving the remaining probation term. The Council consists of 03 Judges; the meeting was attended by procurators of the procuracies of the same level. In case the dossier must be supplemented at the request of the Court, the time limit for opening the meeting shall be counted from the date of receipt of the supplementary dossier.
Within 03 working days from the date of issuance of the decision on exemption from serving the remaining probation duration, the court shall send such decision to the judgment servant, the procuracy of the same level, the immediate superior procuracy or the court that has issued the judgment enforcement decision. the criminal judgment enforcement agency of the same level, the commune-level People’s Committee of the locality where the probation is held, and the provincial-level Justice Department of the locality where the court has issued the decision on exemption from judgment execution is headquartered.
 
Chapter VII
EXECUTION OF EXPULSION PENALTIES
Article 118. Decisions on execution of expulsion penalties
In case expulsion is the main penalty or an additional penalty, in case the main penalty is a fine, the court that has conducted the first-instance trial must issue a judgment enforcement decision. The decision must clearly state the full name and position of the decision issuer; the judgment is enforced; full name, date of birth, place of residence of the judgment servant; additional penalties; name of the agency tasked to execute.
In case expulsion is an additional penalty, the judgment enforcement decision must fully inscribe the main penalty and the additional penalty, except for the case specified in Clause 1 of this Article.
Article 119. Notice of execution of expulsion penalty
In case of issuance of a decision on execution of an expulsion penalty under the provisions of Clause 1, Article 118 of this Law, the court shall immediately send the decision to the criminal judgment enforcement agency of the provincial-level Police and the procuracy of the same level, and the provincial-level Justice Department of the locality where the court has issued the judgment enforcement decision is headquartered. The criminal judgment enforcement agencies of the provincial-level police must serve the judgment enforcement decisions to the judgment servants and immediately notify them to the Ministry of Foreign Affairs of Vietnam, the diplomatic missions, the consular offices of the countries of which such persons are nationals or the representative offices of the international organizations in which they work. agencies and organizations that have sponsored such persons to enter Vietnam. In case the judgment servant is in custody, this decision must be sent to the detention center or the criminal judgment enforcement agency of the district-level police where the person is being held in custody for service to the judgment servant.
In case an inmate has an additional penalty of expulsion under the provisions of Clause 2, Article 118 of this Law, 02 months before the expiration of the term of serving the imprisonment sentence, the prison superintendent shall notify in writing such inmate and the criminal judgment enforcement agency of the provincial-level police of the locality where the prison is located. The criminal judgment enforcement agency of the provincial-level police must notify the Ministry of Foreign Affairs of Vietnam, the diplomatic missions or consular offices of the countries of which the persons hold nationality or the representative offices of the international organizations in which they work, the agencies or organizations that have sponsored such persons to enter Vietnam.
Article 120. Dossiers of execution of expulsion penalties
Criminal judgment enforcement agencies of provincial-level police departments shall compile dossiers of execution of expulsion sentences.
An expulsion judgment execution dossier comprises:
a) A copy of the legally effective judgment; the decision on execution of the expulsion penalty or a copy of the decision on execution of the imprisonment sentence in case of expulsion is an additional penalty;
b) A copy of the passport or a copy of a valid paper in lieu of the judgment servant’s passport;
c) Papers certifying the completion of penalties and other obligations;
d) Other relevant documents.
Article 121. Staying while waiting for exit
While waiting for exit, the judgment servant must stay at a place designated by the criminal judgment enforcement agency of the provincial-level police.
Criminal judgment enforcement agencies of provincial-level police departments shall send persons serving expulsion sentences to accommodation establishments of the Ministry of Public Security if they fall into one of the following cases:
a) Not having a place of permanent residence or temporary residence;
b) Illegally entering or committing serious, very serious or particularly serious crimes;
c) Arbitrarily leaving the designated place of residence or failing to comply with management and supervision measures of competent agencies;
d) Committing acts of law violation or having grounds to believe that such persons may commit acts of law violation while waiting for exit;
dd) Committing acts of fleeing, preparing to flee or other acts that cause difficulties in the execution of the expulsion penalty;
e) Suffering from group A infectious diseases under the Law on Prevention and Control of Infectious Diseases;
g) Voluntarily apply for entry to the accommodation establishment.
Procedures for sending persons serving expulsion sentences to accommodation establishments shall be carried out as follows:
a) In case the judgment servant is on bail, the criminal judgment enforcement agency of the provincial-level police must escort the judgment servant to the accommodation establishment;
b) In case the judgment servant is being held in custody, after receiving the judgment enforcement decision, the detention camp or the criminal judgment enforcement agency of the district-level police where the judgment is temporarily detained must hand over the judgment servant to the criminal judgment enforcement agency of the provincial-level police for escort to the accommodation establishment;
c) When an inmate commits an additional penalty of expulsion and completes serving his or her imprisonment sentence, the prison shall have to hand over the judgment servant to the criminal judgment enforcement agency of the provincial-level police for escort to the accommodation establishment.
In case the judgment servant dies while waiting for exit, the accommodation establishment or designated place of residence must immediately notify the criminal judgment enforcement agency of the provincial-level Police, the investigating agency or the competent procuracy to determine the cause of death. The criminal judgment enforcement agency of the provincial-level police must notify in writing or by fax to the court that has issued the decision to execute the expulsion penalty, the Ministry of Foreign Affairs of Vietnam, the diplomatic mission, the consular office of the country in which the person holds nationality or the representative office of the international organization in which such person works, agencies and organizations that have sponsored such persons to enter Vietnam. After obtaining permission from competent agencies, the criminal judgment enforcement agencies of the provincial-level Police shall have to organize the funeral. In case the relatives or lawful representatives of the deceased request to receive the corpses and ashes for burial and bear their own expenses, the criminal judgment enforcement agencies of the provincial-level Police shall consider and settle them.
The Government shall detail the diet, accommodation, daily activities, visits, medical examination and treatment for persons serving the expulsion penalty during their stay at the accommodation establishments, and funeral expenses for the persons serving the expulsion penalty who die at the accommodation establishments.
Article 122. Settlement of cases where the person serving the expulsion sentence escapes
In case the judgment servant runs away, the accommodation establishment or designated place of residence shall make a record and immediately notify it to the criminal judgment enforcement agency of the provincial-level police of the locality where the accommodation establishment or place of accommodation is located. The criminal judgment enforcement agency of the provincial-level police received a notice that it must immediately organize the arrest. In case the arrest is fruitless, within 07 days from the date the judgment servant escapes, the criminal judgment enforcement agency of the provincial-level Police must issue a wanted decision.
If a judgment servant who runs away and surrenders, the receiving agency shall make a record and notify the criminal judgment enforcement agency of the provincial-level police to receive and take such person to the accommodation establishment.
Article 123. Forced to leave the territory of Vietnam
Upon the time limit for the judgment servant to leave the Vietnamese territory, the criminal judgment enforcement agency of the provincial-level police shall coordinate with the competent immigration management agency in examining the identity of the person serving the expulsion sentence and escort such person to the place of exit and forcible departure from the Vietnamese territory. Persons serving expulsion penalties may carry their lawful property with them when they leave the territory of Vietnam. Within 10 days from the date of completion of the execution of the expulsion penalty, the criminal judgment enforcement agency of the provincial-level Police must notify the execution of the expulsion penalty to the court that has issued the judgment enforcement decision, the procuracy of the same level and the National Judicial Record Center.
The court that has issued the judgment enforcement decision is competent to decide to extend the time limit for compulsory departure from the Vietnamese territory for the judgment servant in one of the following cases:
a) They are seriously ill or in need of emergency treatment and are unable to walk and are certified by health agencies or hospitals of the provincial or higher level;
b) Must serve other judgments or perform other obligations as prescribed by Vietnamese law;
c) There are other plausible reasons for not being able to leave the territory of Vietnam, which are certified by the head of the criminal judgment enforcement agency of the provincial-level Police.
Within 03 working days from the date of issuance of the decision to extend the time limit for compulsory departure from the Vietnamese territory for the judgment servant, the court shall send such decision to the criminal judgment enforcement agency of the provincial-level police of the locality where the court that has issued the judgment enforcement decision is headquartered. Procuracies of the same level.
Article 124. Eviction costs
The person serving the expulsion penalty shall bear the cost of airfares, cars, trains and ships to leave the Vietnamese territory; in case the person serving the expulsion sentence is unable to bear the expenses himself/herself, the criminal judgment enforcement agency of the provincial-level police shall coordinate with the immigration management agency in requesting the diplomatic mission, consular office of the country of which the person holds nationality or the representative office of the international organization in which such person works,  agencies and organizations that have guaranteed such persons to enter Vietnam to settle funds for bringing the persons serving the expulsion sentences back home; in cases where such agencies or organizations have not yet been able to settle the funding but need to be expelled immediately for reasons of national security, the heads of the criminal judgment enforcement agencies of the provincial-level Police shall report to the criminal judgment enforcement management agencies of the Ministry of Public Security for decision on the use of the state budget to pay for air tickets.  automobiles, trains and ships to persons serving expulsion penalties.
 
Chapter VIII
EXECUTION OF THE PENALTY OF DEPRIVATION OF SOME CIVIL RIGHTS
Article 125. Procedures for execution of a penalty of deprivation of some civil rights
Two months before the expiration of the term of serving imprisonment sentences, for prisoners subject to the additional penalty of deprivation of a number of citizenship rights, prison superintendents, detention camp superintendents or heads of criminal judgment enforcement agencies of provincial-level police in case prisoners serve their sentences at criminal judgment enforcement agencies of district-level police shall have to notify to report in writing the contents specified in Clause 1, Article 46 of this Law to the commune-level People’s Committees, the criminal judgment enforcement agencies of the district-level Police, the district-level People’s Procuracies and the provincial-level Justice Services of the localities where such persons reside.
Immediately after an inmate commits an additional penalty of deprivation of a number of civil rights who have completely served their imprisonment sentences, prisons or detention camps, the criminal judgment enforcement agencies of district-level police offices or military zone-level criminal judgment enforcement agencies where such persons serve their sentences must send certificates of complete serving of imprisonment sentences. a copy of the judgment or judgment enforcement decision to the criminal judgment enforcement agency of the district-level police where the judgment debtor resides.
Within 05 working days from the date of receipt of the documents specified in Clause 2 of this Article, the criminal judgment enforcement agency of the district-level police of the locality where the judgment servant resides shall compile a dossier of execution of the judgment of deprivation of a number of civil rights and notify in writing to the commune-level People’s Committee of the locality where such person returns reside. The dossier comprises:
a) A copy of the legally effective court judgment; a copy of the decision on execution of the imprisonment sentence;
b) The certificate of complete execution of the imprisonment sentence;
c) Other relevant documents.
In case a judgment servant is deprived of a number of civil rights who is a person entitled to a suspended sentence, after receiving the judgment enforcement judgment or decision sent by the court that issued the judgment enforcement decision, the criminal judgment enforcement agency of the district-level police shall compile a dossier and notify it to the agency where the judgment servant works. commune-level People’s Committees of the localities where such persons reside.
Criminal judgment enforcement agencies of district-level police offices of localities where persons deprived of a number of citizenship rights reside shall have the task of monitoring and supervising the execution of judgments of deprivation of a number of civil rights according to court judgments; provide a list of persons deprived of a number of citizenship rights at the request of competent agencies and units.
Upon the expiration of the judgment serving duration, the criminal judgment enforcement agency of the district-level Police must issue a certificate of having completely served the sentence of deprivation of a number of citizens’ rights. The certificate must be sent to the judgment servant, the commune-level People’s Committee of the locality where such person resides, the court that has issued the judgment enforcement decision, the provincial-level Justice Department of the locality where the criminal judgment enforcement agency of the district-level police has issued the certificate of complete execution of the fine is headquartered.
In case the judgment debtor dies, the commune-level People’s Committee of the locality where the judgment debtor resides shall notify the criminal judgment enforcement agency of the district-level police for notification to the court that has issued the judgment enforcement decision. Within 03 working days from the date of receipt of the notice, the court that has issued the judgment enforcement decision must issue a decision to suspend judgment enforcement and send it to the criminal judgment enforcement agency of the district-level Police, the procuracy of the same level, the commune-level People’s Committee of the locality where the judgment debtor resides, The Department of Justice of the locality where the Court has issued the judgment enforcement decision is headquartered.
Article 126. Deprivation of the right to stand for election as deputies of state power agencies
During the period of being deprived of the right to stand for election as deputies to state power agencies, the judgment servants are not allowed to participate in the candidacy of deputies to state power agencies.
Article 127. Deprivation of the right to work in state agencies
During the period of deprivation of the right to work in state agencies, judgment servants may not apply for recruitment or continue to work in state agencies.
In case the judgment servant is a cadre, civil servant or public employee in a state agency and is deprived of the right to work in a state agency, the agency where such person works must issue a decision or request the competent agency to issue a decision on dismissal or suspension of work within the duration of deprivation of the right to work in a state agency for that person.
Article 128. Deprivation of the right to serve in the people’s armed forces
During the period of being deprived of the right to serve in the people’s armed forces, the judgment servants may not register for military service, apply for recruitment or continue to work as civil servants, public employees or defense workers in the People’s Army, recruit or continue to serve in the People’s Public Security.
In case a judgment servant is a soldier, civil servant, public employee or defense worker in the People’s Army or is serving in a People’s Public Security agency or unit and is deprived of the right to serve in the people’s armed forces, the agency or unit where such person works must issue a decision or request a competent agency to issue a decision forcing that person to leave the people’s armed forces.
 
Chapter IX
EXECUTION OF A PENALTY OF PROHIBITION FROM HOLDING CERTAIN POSTS, PRACTICING CERTAIN PROFESSIONS OR DOING CERTAIN JOBS
Article 129. Procedures for execution of penalties banned from holding certain posts, practicing certain professions or doing certain jobs
Two months before the expiration of the term of serving imprisonment sentences, for prisoners subject to additional penalties of prohibition from holding certain posts, practicing certain professions or doing certain jobs, prison superintendents, superintendents of detention camps and heads of criminal judgment enforcement agencies of the provincial-level Police of the localities where such persons are serving their imprisonment sentences shall notify in writing the execution of penalties banned from holding certain posts, practicing certain professions or doing certain jobs for commune-level People’s Committees, criminal judgment enforcement agencies of district-level Police Departments, district-level People’s Procuracies of localities where such persons reside, criminal judgment enforcement agencies and military zone-level military procuracies of localities where such military units are located job.
Immediately after an inmate commits an additional penalty of prohibition from holding certain posts, practicing professions or doing certain jobs and has completely served his or her imprisonment sentence, the criminal judgment enforcement agency of the provincial-level Police must send a certificate of complete execution of the imprisonment sentence. a copy of the judgment or judgment enforcement decision to the provincial-level Justice Department, the criminal judgment enforcement agency of the district-level Police, the district-level People’s Procuracy of the locality where the judgment debtor resides, the criminal judgment enforcement agency and the military zone-level Military Procuracy of the locality where the military unit of the person works.
Within 05 working days from the date of receipt of the documents specified in Clause 2 of this Article, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall compile a dossier of execution of the penalty banned from holding a post, prohibiting the practice or doing certain jobs and notifying the commune-level People’s Committees of the localities where the judgment servants reside or the military units where they work. The dossier comprises:
a) A copy of the legally effective judgment; a copy of the decision on execution of the imprisonment sentence;
b) The certificate of complete execution of the imprisonment sentence;
c) Other relevant documents.
In case a person with an additional penalty of a ban from holding a post, practicing a certain profession or doing a certain job must serve the principal penalty of a warning, fine, non-custodial reform or imprisonment for enjoying a suspended sentence, the duration of a ban from holding a post; prohibition from practicing certain professions or doing certain jobs from the date the judgment takes legal effect. The court that issues the judgment enforcement decision must send the judgment or judgment enforcement decision to the provincial-level Justice Department, the criminal judgment enforcement agency of the district-level Police Department, the district-level People’s Procuracy of the locality where such person resides, the criminal judgment enforcement agency and the military zone-level Military Procuracy of the locality where the unit of such person works. Criminal judgment enforcement agencies of district-level police offices and military zone-level criminal judgment enforcement agencies that receive judgment enforcement decisions shall have to compile dossiers and notify them to the agencies, organizations or military units where the judgment servants are banned from holding certain posts, practicing certain professions or doing certain jobs, etc commune-level People’s Committees of the localities where such persons reside.
Criminal judgment enforcement agencies of district-level police offices and military zone-level criminal judgment enforcement agencies shall have the task of monitoring and supervising the execution of penalties banned from holding certain posts, practicing certain professions or doing certain jobs according to court judgments. During the time of serving the judgment, if detecting that the judgment servant holds a prohibited position, profession or job, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall notify the agency or organization where such person works in order to compel such person to strictly abide by the judgment.
Upon the expiration of the judgment serving duration, the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency shall issue a certificate of having completely served the penalty of prohibition from holding certain posts, practicing certain professions or doing certain jobs. The certificate must be sent to the judgment servant, the commune-level People’s Committee of the locality where such person resides, the agency, organization or military unit where such person works, the court that has issued the judgment enforcement decision, the provincial-level Justice Department of the locality where the criminal judgment enforcement agency of the district-level police grants the certificate is headquartered.
In case of death of a judgment servant, the commune-level People’s Committee of the locality where such person resides or the military unit where such person works shall notify the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency for notification to the court that has issued the judgment enforcement decision. Within 03 working days from the date of receipt of the notice, the court that has issued the judgment enforcement decision must issue a decision to suspend the judgment enforcement and send it to the criminal judgment enforcement agency of the district-level police or the military zone-level criminal judgment enforcement agency, The procuracies of the same level, the commune-level People’s Committees of the localities where the judgment debtors reside, the military units where the judgment servants work, and the provincial-level Justice Services of the localities where the courts that have issued the judgment enforcement decisions are headquartered.
Article 130. Obligations of persons serving penalties banned from holding certain posts, practicing certain professions or doing certain jobs
To report on the positions, occupations or jobs prohibited from being held to the agencies or organizations where such persons work and the commune-level People’s Committees of the localities where such persons reside.
Not to continue or have to refuse to hold certain posts, practice or do certain jobs that have been banned.
Not to run for a banned position.
In case of no longer working in the agency or organization or changing the working place, it must report to the commune-level People’s Committee of the place of residence.
To be present when the competent agencies summon them related to the execution of their judgments.
Article 131. Responsibility for executing the penalty of prohibition from holding certain positions, practicing certain professions or doing certain jobs
Agencies and organizations where judgment debtors work shall have the following responsibilities:
a) Issuing decisions on dismissal or requesting competent authorities to issue decisions on dismissal of judgment servants from posts banned from holding posts and publicizing them in the agencies or organizations where such persons work;
b) Not to nominate, promote, appoint or arrange judgment servants to prohibited positions, jobs or occupations;
c) Report on judgment enforcement results to criminal judgment enforcement agencies of district-level police offices or military zone-level criminal judgment enforcement agencies;
d) Notify the agency or organization where the judgment servant is transferred to work that such person is serving the judgment; Agencies and organizations to which the judgment servants move shall have to comply with the provisions at Points a, b and c of this Clause.
The commune-level People’s Committee of the locality where the judgment debtor resides shall have the following responsibilities:
a) Publicize the judgment at the place where the judgment servant resides;
b) Report on judgment enforcement results to the criminal judgment enforcement agency of the district-level Police;
c) In case the judgment servant moves to a new place of residence, it must notify the commune-level People’s Committee of the place of transfer that such person is serving the sentence. The commune-level People’s Committee of the locality where such person moves shall have to comply with the provisions at Points a and b of this Clause.
 
Chapter X
ENFORCEMENT OF JUDICIAL MEASURES
Section 1. GENERAL PROVISIONS ON ENFORCEMENT OF JUDICIAL MEASURES
Article 132. Decision on application of judicial measures
A decision on application of judicial measures includes:
a) Decisions of courts or procuracies on the application of judicial measures of compulsory medical treatment;
b) Court judgments or decisions on the application of judicial measures of education at reformatories.
A decision on application of judicial measures must clearly state the name of the agency, full name and position of the decision issuer; full name, date of birth, place of residence of the judicial measure servant; name of the agency tasked to execute.
Within 03 working days from the date of issuance of the decision, the decision-issuing agency must send such decision to the following individuals and agencies:
a) Judicial measures servants and their representatives;
b) The procuracy of the same level in case the court issues a decision;
c) Criminal judgment enforcement agencies of district-level police departments of the localities where judicial measure servants reside;
d) Mental illness treatment establishments in case of compulsory medical treatment;
dd) Agencies requesting courts or procuracies to apply judicial measures of compulsory medical treatment.
Article 133. Agencies and organizations tasked to enforce judicial measures
Medical examination and treatment establishments assigned the task of compulsory mental disease treatment shall provide medical examination and treatment for persons subject to the application of judicial measures of compulsory medical treatment.
Reformatory schools shall have the task of enforcing judicial measures of education at reformatories.
Article 134. Tasks and powers of the procuracies in the implementation of judicial measures
The tasks and powers of the procuracies in the application and execution of judicial measures shall comply with the provisions of this Chapter.
Procuracies shall perform the function of supervising the observance of law by agencies, organizations and individuals in the implementation of judicial measures in accordance with the provisions of this Law and other relevant laws.
Article 135. Assurance of conditions for the implementation of judicial measures
The State shall ensure conditions on material foundations and funding for the implementation of judicial measures.
The State encourages agencies, organizations, individuals and families to participate in the education of persons subject to judicial measures at reformatories.
Section 2. ENFORCEMENT OF JUDICIAL MEASURES OF COMPULSORY MEDICAL TREATMENT
Article 136. Competence to request the application of judicial measures of compulsory medical treatment, dossiers of sending people to establishments for compulsory medical treatment
The competence to request the application of judicial measures of compulsory medical treatment is prescribed as follows:
a) The agency handling the case in the investigation stage may request the procuracy of the same level;
b) Prisons, detention camps and criminal judgment enforcement agencies of provincial-level police departments during the judgment enforcement stage may request provincial-level People’s Courts or military zone-level Military Courts of the localities where prisoners serve their sentences.
Agencies requesting the application of judicial measures of compulsory medical treatment shall compile dossiers of sending persons to establishments for compulsory medical treatment. The dossier comprises:
a) Decisions of procuracies or courts on the application of judicial measures of compulsory medical treatment;
b) Conclusions of the forensic psychiatric examination council;
c) Personal curriculum vitae of the person serving the judicial measure of compulsory medical treatment;
d) Other relevant documents.
In case the procuracies or courts themselves decide on the application of the judicial measure of compulsory medical treatment, the procuracies or courts that have issued the decisions shall compile dossiers and request the agencies handling the cases to settle the cases in the investigation or prison stages. detention centers, criminal judgment enforcement agencies of district-level Police during the judgment enforcement stage to send people to compulsory medical treatment establishments.
Article 137. Sending people to compulsory medical treatment establishments
Immediately after receiving the decision on application of the judicial measure of compulsory medical treatment, the agency handling the case in the investigation stage or the prison or detention camp or the criminal judgment enforcement agency of the district-level police in the judgment enforcement stage shall hand over the person subject to compulsory medical treatment and the enclosed dossier to the mental health treatment establishment appointed under decisions of procuracies or court decisions, and at the same time send a copy of the decision on application of judicial measures of compulsory medical treatment to the criminal judgment enforcement management agency of the Ministry of Public Security or the Ministry of National Defense.
Mental disease treatment establishments designated by procuracies or courts shall receive persons subject to compulsory medical treatment and enclosed dossiers, and make records of handover and receipt. Agencies responsible for sending persons to mental health treatment establishments must notify the families or relatives of persons subject to compulsory medical treatment of the places where such persons are undergoing medical treatment.
Article 138. Organizing treatment for persons subject to compulsory medical treatment
Mental disease treatment establishments shall manage and organize the treatment of diseases for persons subject to compulsory medical treatment and must not discriminate.
During the period of compulsory medical treatment, the relatives of the persons subject to compulsory medical treatment may meet and coordinate in taking care of the persons subject to compulsory medical treatment and must strictly comply with the regulations on visitation and care of mental health treatment establishments.
In case the person subject to compulsory medical treatment runs away, the mental disease treatment establishment shall make a record and immediately notify the agency requesting the application of the judicial measure of compulsory medical treatment and his/her family thereof for coordination in tracing and returning such person to the mental health treatment establishment.
Funding for treatment shall be paid by the agency requesting the application of the judicial measure of compulsory medical treatment or the procuracy or the court itself shall decide on the application of the judicial measure of compulsory medical treatment from the state budget.
Article 139. Suspension of the enforcement of judicial measures of compulsory medical treatment
When the person subject to compulsory medical treatment has recovered, the head of the mental health treatment establishment shall notify the agency requesting the application of the judicial measure of compulsory medical treatment to request the Medical Assessment Council to conduct an assessment of the patient’s medical condition.
Based on the conclusion of the Medical Examination Council that the person has recovered from the disease, the agency requesting the application of the judicial measure of compulsory medical treatment shall request the court or the procuracy that has issued the decision to apply the judicial measure of compulsory medical treatment to issue a decision to suspend the implementation of this measure.
The court or the procuracy that has issued the decision to suspend the execution of the judicial measure of compulsory medical treatment shall send the decision to the agency requesting the application of the judicial measure of compulsory medical treatment for notification to the mental health treatment establishment and his/her relatives.
After receiving the suspension decision, the agency requesting the application of the judicial measure of compulsory medical treatment must come to receive the person subject to compulsory medical treatment. The delivery and receipt must be recorded, clearly stating the time of medical treatment at the mental disease treatment establishment.
Article 140. Settlement of cases of death of persons subject to compulsory medical treatment
In case the person subject to compulsory medical treatment dies, the head of the mental health treatment establishment must immediately notify the investigating agency or the competent procuracy to determine the cause of death and notify the relatives of the deceased person, the agency specified in Clauses 1 and 3, Article 136 of this Law.
After obtaining the permission of the investigating agency and the competent procuracy, the mental disease treatment establishment shall have to bury it. Funds for the burial shall be allocated by the state budget. In case the relatives of the deceased request to receive the corpse for burial and bear their own expenses, the mental disease treatment establishment shall assign them to do so. The organization of the funeral must ensure security, order and environmental sanitation.
Section 3. ENFORCEMENT OF EDUCATIONAL JUDICIAL MEASURES AT REFORMATORIES
Article 141. Procedures for enforcement of educational judicial measures at reformatories
Within 3 working days from the date of issuance of the judgment or decision on application of judicial measures of education at the reformatory, the court shall send the judgment or decision to such person, his/her representative and the criminal judgment enforcement agency of the district-level police of the locality where the person under 18 years old resides.
Within 03 working days from the date of receipt of the court’s judgment or decision, the criminal judgment enforcement agency of the district-level police of the locality where the under-18-year-old person resides shall report to the criminal judgment enforcement management agency of the Ministry of Public Security for issuance of a decision to send the under-18-year-old person to a reformatory.
Within 3 working days from the date of receipt of the report of the criminal judgment enforcement agency of the district-level Police, the criminal judgment enforcement management agency of the Ministry of Public Security shall issue a decision to send the person under 18 years old to a reformatory school and send it to the criminal judgment enforcement agency of the district-level Police Department.
Within 05 working days from the date of receipt of the decision of the criminal judgment enforcement management agency of the Ministry of Public Security, the criminal judgment enforcement agency of the district-level Police must compile a dossier and hand over the person under 18 years old to a reformatory. The dossier comprises:
a) A copy of the legally effective court judgment or decision;
b) Decide to send persons under 18 years of age to reformatories;
c) A curriculum vitae certified by the commune-level People’s Committee;
d) List;
dd) Other relevant documents.
When receiving persons subject to judicial measures of education at reformatories (hereinafter referred to as pupils), principals of reformatories must examine dossiers and make records of handover, receipt and organization of medical examinations for pupils. Within 05 working days from the date of receiving the student, the principal of the reformatory school must notify the receipt of the student to his/her representative.
Article 142. Postponement or suspension of the execution of educational judicial measures at reformatories
Persons under 18 years of age may be postponed from serving judicial measures of education at reformatories in the following cases:
a) Suffering from serious illness, being in an emergency or unable to travel for other health reasons and being certified by a medical examination and treatment establishment of the district or higher level;
b) There are other plausible reasons certified by the head of the criminal judgment enforcement agency of the district-level police.
In case of postponement of the execution of educational judicial measures at reformatories, the criminal judgment enforcement agencies of district-level Police Departments shall carry out procedures to request the courts that have issued decisions on application of educational judicial measures at reformatories to consider, decision to postpone. The dossier comprises:
a) The written request of the person subject to judicial measures of education at the reformatory school or his/her representative;
b) The conclusion of the medical establishment of the district or higher level on the medical condition of the person subject to judicial measures at the reformatory;
c) A written guarantee of the representative of the person subject to judicial measures at the reformatory, certified by the local administration.
In case a pupil of a reformatory school is seriously ill, the principal of the reformatory school shall compile a dossier and send a written request to the district-level court of the locality where the reformatory school is located for consideration and decision on suspension. The dossier of request for temporary suspension shall comply with the provisions of Clause 2 of this Article.
Within 05 working days from the date of receipt of the dossier, the chief justice of the district-level court must consider and make a decision.
Within 03 working days from the date of issuance of the decision on postponement or suspension of the execution of judicial measures of education at the reformatory, the court that has issued the decision on postponement or suspension must send such decision to the following individuals or agencies:
a) Persons subject to judicial measures of education at reformatory schools and their representatives;
b) The criminal judgment enforcement agency of the district-level Police has requested the application of judicial measures to educate at the reformatories;
c) Procuracies of the same level;
d) The court has issued a decision on the application of educational measures at the reformatory school in case of suspension.
When there is no longer a reason for postponement or suspension, the criminal judgment enforcement agency of the district-level police of the locality where the person subject to the judicial measure of education at the reformatory school resides shall have to notify the court that has issued the decision and send such person to the reformatory.
Article 143. Settlement of cases in which persons subject to judicial measures of education at reformatories run away
In case a person who has been issued a decision on the application of judicial measures of education at a reformatory school runs away, the criminal judgment enforcement agency of the district-level police of the locality where such person resides must issue a decision to trace or send such person to a reformatory school and report the results to the criminal judgment enforcement management agency of the Ministry of Public Security.
When detecting that persons subject to judicial measure of education at reformatories who have run away are being searched, individuals, families, agencies or organizations shall have to report them to the nearest police offices or People’s Committees or arrest and bring them to these agencies. When receiving and keeping such persons, the police offices must make a record and immediately send them to reformatories.
Article 144. Student Management Mode
Pupils must be subject to the supervision and management of reformatory school officials and teachers and strictly abide by the school’s internal rules.
Based on their age, gender, health, educational level, nature and severity of violations, reformatory schools shall arrange pupils into teams, classes, groups and groups and assign teachers to be directly in charge.
In case the pupil runs away, the principal of the reformatory school shall issue a decision and organize the search. The time the pupils run away shall not be included in the time limit for serving educational judicial measures at reformatories. When arrested, if a student commits an act of opposition, necessary coercive measures shall be applied in accordance with the provisions of law. People’s Committees and police agencies at all levels shall coordinate in the search and arrest of runaway pupils. When detecting a person being searched, the detector shall immediately report it to the nearest police office or People’s Committee or arrest and bring him to these agencies.
When the fugitive person is caught or handed over, the police office shall have to make a record, take testimony, keep and manage the fugitive, and immediately notify the reformatory school that has issued the tracing decision. Upon receipt of the notice, the reformatory school has issued a tracing decision to send someone to immediately receive and take the runaway student to the reformatory. The assignment and receipt of runaway pupils must be recorded. The retention period shall be included in the duration of serving the judicial measure of education at the reformatory.
Article 145. Execute a student extraction command
Upon receipt of a written request from a competent procedure-conducting agency or person for the extraction of pupils, the criminal judgment enforcement management agency of the Ministry of Public Security shall issue an order for extraction.
In case it is necessary to extract pupils in service of educational requirements or medical examination and treatment, the principal of the reformatory school shall issue an order for extraction.
The contents of the extraction order shall comply with the provisions of Clause 4, Article 40 of this Law.
The agency requesting the extraction shall be responsible for sending and returning the extracted pupils to reformatories within the time stated in the extraction orders; when handing over and receiving, a record must be made. Expenses for travel, meals and accommodation of pupils shall be deducted from the state budget, except for cases where pupils are sent to their families for medical treatment specified in Clause 2, Article 151 of this Law.
The extraction time is included in the time limit for serving educational judicial measures at reformatories.
Article 146. Regime of cultural education, vocational education, vocational training and labor
Pupils in reformatories may study culture, vocational education and vocational training according to the programs of the Ministry of Education and Training, the Ministry of Public Security and the Ministry of Labor, War Invalids and Social Affairs.
For pupils who have not yet reached the level of universalization of primary and lower secondary education, cultural learning is compulsory. For other students, depending on their abilities and actual conditions, organize them to study appropriately.
Outside of study hours, students must participate in labor organized by the school. Reformatory schools shall be responsible for arranging work suitable to the age and health of pupils to ensure normal physical development; do not arrange heavy, dangerous and toxic jobs.
The student’s working time must not be more than the study time. The duration of study and working shall not exceed 07 hours in 01 day and not exceed 35 hours in 01 week.
The results of students’ labor are used for daily life and learning and supplemented to the community integration fund and reward fund of students.
Students are entitled to Saturday, Sunday, public holidays and New Year’s holidays as prescribed by law.
Funds for the purchase of books and school supplies for pupils shall be allocated by the state budget.
Article 147. Examination, assessment and grading of students and organization of exams
Reformatories shall be responsible for organizing the examination, assessment and grading of pupils and the organization of semester examinations, the end of the school year, the transfer of grades, the examination for selection of excellent pupils or other forms of examination.
Grade books, school records, dossiers and forms related to students’ learning must be made according to the uniform form of the Ministry of Education and Training.
Cultural and vocational training certificates granted by reformatory schools to pupils are as valid as those of general education or vocational education institutions.
Article 148. Regime of cultural, artistic and entertainment activities
In addition to cultural lessons, vocational training and labor, students can participate in cultural, artistic, physical training and sports activities, read books and newspapers, watch television and other entertainment activities organized by reformatory schools.
Article 149. Students’ diet and clothing
Pupils shall be ensured with quantitative standards on rice, green vegetables, meat, fish, sugar, fish sauce, cooking oil, monosodium glutamate, salt and fuel.
On holidays and Tet according to the provisions of the law, students are allowed to eat more but the food level does not exceed 05 times the standard meal on weekdays.
Students are guaranteed to eat and drink hygienically. The diet for students who are sick, sick, or injured shall be prescribed by the doctor or doctor.
Annually, pupils shall be provided with clothes, blankets, mats, curtains and other daily necessities; Female students are provided with additional necessary items for personal hygiene.
The Government shall detail this Article.
Article 150. Accommodation regime and daily necessities of students
Based on the gender, age, personal characteristics, nature and severity of the pupils’ crimes, the school shall arrange appropriate accommodation and living activities in the collective rooms. The room must be airy in summer, airtight in winter, and environmentally hygienic. The minimum sleeping area for each student is 2.5 m2.
Pupils shall be provided with beds or floors with mats and allowed to use their personal daily necessities, except for objects banned from use in reformatories. Supplies necessary for students’ daily activities are loaned or provided by the school.
Article 151. Medical care regime for reformatory school pupils
Pupils shall be entitled to periodic health examinations; in case pupils suffer from illnesses, diseases or injuries and are treated at medical establishments of reformatories; in case of illness, illness or serious injury beyond the school’s treatment capacity, the principal of the reformatory school shall decide to send them for treatment at the State’s medical examination and treatment establishments. The cost of medical examination and treatment shall be paid by the reformatory school.
Expenses for medical examination and treatment specified in Clause 1 of this Article shall be allocated by the state budget. Funding for drug detoxification and HIV/AIDS treatment for pupils shall comply with the regulations of the Ministry of Finance. In case a student is allowed to take a leave of absence from school to be sent to his or her family for medical treatment, the student’s family must pay the cost of medical examination and treatment.
The Government shall detail this Article.
Article 152. Procedures for settling cases of student death
In case of death of a student, the principal must immediately notify the investigating agency or the district-level People’s Procuracy of the locality where the reformatory school is located to determine the cause of death; at the same time, they must immediately notify the relatives of the deceased.
After obtaining permission for the funeral by the investigating agency and the procuratorate, the reformatory school shall organize the funeral, report to the criminal judgment enforcement management agency of the Ministry of Public Security and notify the court that has issued the decision to apply the judicial measure of education at the reformatory. Funds for the burial shall be allocated by the state budget. In case the relatives of the deceased request to receive the corpse for burial and bear their own expenses, the reformatory school shall assign the relatives of the deceased to do so. The organization of the funeral must ensure security, order and environmental sanitation.
Article 153. Regime of meeting relatives, contacting and receiving gifts from students of reformatory schools
Pupils may meet their relatives at the reception places of reformatories and must strictly comply with the regulations on visitation.
Pupils may send and receive letters and gifts in the form of money and objects, except for wine, beer, cigarettes, other stimulants, objects and cultural products on the list of prohibited items. The reformatory school is responsible for inspecting letters and gifts before students send or receive them. Pupils who have money or valuable papers must send them to reformatories for management and use according to the regulations of reformatory schools.
Article 154. Early termination of the observance of educational judicial measures at reformatories
If a pupil has served half of the time limit for serving the judicial measure of education at the reformatory, actively studying, cultivating and well observing the school’s internal rules, the principal of the reformatory school shall request the district-level People’s Court of the locality where the school is located to consider and  to decide on the early termination of the observance of educational judicial measures at reformatories. Courts that have issued decisions to terminate ahead of time must send such decisions to pupils or reformatories, courts that have issued decisions on application of judicial measures to education at reformatories, procuracies of the same level, criminal judgment enforcement management agencies under the Ministry of Public Security, etc  the student’s representative. Immediately after receiving the decision, the principal of the reformatory school must carry out procedures for the student to graduate.
Article 155. Commendation and handling of violations against students
Pupils who strictly abide by the laws and internal rules of the reformatory, have good or higher academic results or have made meritorious achievements shall be commended and rewarded by the principal in one or several of the following forms:
a) Commendation, awarding certificates of merit or gifts;
b) Giving excursions organized by reformatories.
Pupils who violate academic or labor discipline or commit other acts of violating the internal rules of reformatories shall, depending on the nature and seriousness of their violations, decide to handle them in one of the following forms:
a) Reprimand;
b) Warning;
c) Providing special education in a private room for no more than 05 days;
Students who are subjected to special education must make a review and self-review in front of the group or class.
The decision on commendation or handling of violations shall be kept in the student’s dossier.
Article 156. Procedures for students to graduate from school
Two months before the expiration of the time limit for serving judicial measures in education at reformatories, the principals of reformatories must notify in writing the commune-level People’s Committees of the localities where such persons reside and their families of the date of graduation.
On the last day of the time limit for serving educational judicial measures at reformatories, the principals of reformatories must issue certificates of complete execution of educational judicial measures at reformatories to graduates and send these certificates to the criminal judgment enforcement management agencies of the Ministry of Public Security. The court has issued a decision to apply the judicial measure of education at the reformatory school and the commune-level People’s Committee of the locality where the person resides.
Upon graduation, pupils must return the utensils lent by the school; to receive back money, valuable papers, assets and objects sent to the management schools, cultural and vocational training certificates; to be provided with transportation and meal money during the journey back to their place of residence. In case the time limit for serving judicial measures in education at the reformatory school expires but the pupil has not progressed, the principal must make a separate written remark and propose subsequent educational measures to the commune-level People’s Committee or the criminal judgment enforcement agency of the district-level police of the locality where such person resides.
For pupils who have completely served the judicial measure of education at reformatories but their parents and places of residence are unknown, the schools shall have to contact the commune-level People’s Committees of the localities where the schools are located to request help, arrange meals and accommodation and create jobs. learn.
For pupils under 16 years of age or suffering from illness or illness on the date of graduation but no relatives come to pick them up, the reformatory school must send a person to take them back to their families or the commune-level People’s Committees of the localities where such persons reside.
Within 10 days from the date of graduation, pupils who have completely served the judicial measure of education at reformatories must report to the commune-level People’s Committees of the localities where they reside.
Article 157. Expenses for organizing the enforcement of educational judicial measures at reformatories
Expenses for organization of the implementation of educational judicial measures at reformatories shall be allocated by the state budget. The criminal judgment enforcement management agencies under the Ministry of Public Security shall have to formulate annual budget estimates for the enforcement of educational judicial measures at reformatories, and sum them up in their annual budget estimates for the Ministry of Public Security to send to the Ministry of Finance for consideration. submit them to competent authorities for decision.
Reformatories may receive material assistance from local People’s Committees, domestic agencies, organizations and individuals, foreign individuals and organizations to organize cultural teaching, vocational education and vocational training, and purchase of learning and daily life supplies for pupils.
 
Chapter XI
JUDGMENT ENFORCEMENT AGAINST COMMERCIAL LEGAL ENTITIES
Article 158. Agencies tasked to enforce judgments
Criminal judgment enforcement agencies of provincial-level police and military zone-level criminal judgment enforcement agencies shall enforce penalties and judicial measures specified in Articles 78, 79, 80, 81 and Points b and c, Clause 1, Article 82 of the Penal Code in accordance with this Law.
Civil judgment enforcement agencies shall impose fines specified in Article 77 and judicial measures specified at Point a, Clause 1, Article 82 of the Penal Code in accordance with the law on civil judgment enforcement.
Article 159. Judgment enforcement decisions
Judgment enforcement decisions must clearly state the full names and positions of the decision issuers; judgments and decisions to be enforced; criminal judgment enforcement agencies; name, address, enterprise identification number, tax identification number; principal penalties, additional penalties, judicial measures; the time limit for serving the judgment.
Within 03 working days from the date of issuance of the judgment enforcement decision, the court that has issued the decision must send the judgment enforcement decision to the following agencies and organizations:
a) Commercial legal entities executing judgments;
b) Criminal judgment enforcement agencies of provincial-level police or military zone-level criminal judgment enforcement agencies;
c) Procuracies of the same level;
d) The provincial-level Justice Department of the locality where the court has issued the judgment enforcement decision is headquartered;
dd) The National Enterprise Registration Portal.
Article 160. Judgment enforcement procedures
Commercial legal entities executing judgments shall carry out the following procedures:
a) When summoned by a criminal judgment enforcement agency to notify or request the execution of penalties or judicial measures, the legal representative of the commercial legal entity must be present, except for cases of force majeure or objective obstacles;
b) Within 03 working days from the date of receipt of the judgment enforcement decision, the commercial legal entity must publish such decision on the website or publication of the commercial legal entity and publicly post it at the head office and business location of the commercial legal entity during the judgment enforcement period; notify the execution of penalties and judicial measures to relevant agencies, organizations and individuals;
c) Commercial legal entities that are suspended for a definite period of time must suspend their operations in one or several domains suspended for a definite period of time under legally effective court judgments or decisions;
d) The commercial legal entity that is permanently suspended must immediately terminate its operation for the business lines in one or several domains that are permanently suspended or the entire operation is permanently suspended under a legally effective court judgment or decision;
dd) Commercial legal entities banned from doing business or operating in certain domains are not allowed to continue doing business or operating in the prohibited domains for the duration specified by court judgments or decisions. Commercial legal entities are not allowed to continue their business and operation from the date the Court’s judgment or decision takes legal effect;
e) Commercial legal entities banned from raising capital shall not be allowed to perform one or several forms of capital mobilization within the prohibited time limit under court judgments or decisions. Commercial legal entities are not allowed to raise capital from the date the court judgment or decision takes legal effect;
g) Commercial legal entities that are subject to judicial measures shall be forcibly restored to their original state or taken by a number of measures to remedy and prevent consequences from continuing to occur shall be executed according to legally effective court judgments or decisions;
h) Commercial legal entities executing judgments must report in writing to criminal judgment enforcement agencies and state management agencies for commercial legal entities on the observance of penalties and judicial measures according to legally effective court judgments or decisions;
i) Carry out other procedures as prescribed by relevant laws.
Criminal judgment enforcement agencies shall carry out the following procedures:
a) Immediately after receiving the judgment enforcement decision, the criminal judgment enforcement agency must immediately announce such decision on its website and summon the legal representative of the commercial legal entity to notify and request judgment enforcement. If the legal representative of the commercial legal entity is duly summoned but is not present, the criminal judgment enforcement agency must make a record of absence and continue to organize the judgment enforcement;
b) Within 05 working days from the date of receipt of the judgment enforcement decision, the criminal judgment enforcement agency shall send a written request to the state management agency for commercial legal entities to take one or several measures specified in Article 164 of this Law;
c) Assume the prime responsibility for, and coordinate with state management agencies for commercial legal entities and other relevant agencies in, inspecting and supervising the execution of judgments by commercial legal entities;
d/ To issue decisions on coercive judgment enforcement in accordance with the provisions of this Law; assume the prime responsibility for, and coordinate with state management agencies for commercial legal entities and other relevant agencies and organizations in, enforcing judgment enforcement against commercial legal entities in accordance with the provisions of this Law and other relevant laws;
dd) Issue certificates of complete execution of penalties and certificates of complete execution of judicial measures, announce and send these documents according to the provisions of Article 166 of this Law;
e) Carry out other procedures as prescribed by law.
The state management agency of a commercial legal entity executing a judgment shall carry out the following procedures:
a) Implement the measures specified in Article 164 of this Law immediately after receiving the written request of the criminal judgment enforcement agency enclosed with a copy of the judgment enforcement decision and notify the criminal judgment enforcement agency of the implementation result;
b) Immediately publish on their portals and websites, the National Portal on Enterprise Registration of judgment enforcement decisions, measures already applied to commercial legal entities specified in Article 164 of this Law, certificates of complete execution of penalties, certificate of complete compliance with judicial measures;
c) Coordinate with criminal judgment enforcement agencies and other relevant agencies in inspecting and supervising commercial legal entities in the course of judgment serving;
d) Coordinate with criminal judgment enforcement agencies and other relevant agencies and organizations in enforcing judgment enforcement against commercial legal entities in accordance with the provisions of this Law and other relevant laws;
dd) Carry out other procedures as prescribed by law.
The Government shall detail this Article.
Article 161. Judgment enforcement dossiers
Criminal judgment enforcement agencies of provincial-level police offices and military zone-level criminal judgment enforcement agencies shall have to compile judgment enforcement dossiers for commercial legal entities. The dossier comprises:
Legally effective court judgments and decisions;
Judgment enforcement decisions;
The summons of the legal representative of the commercial legal entity;
A written request of the state management agency over a commercial legal entity to perform its tasks and exercise its powers in judgment enforcement;
To notify the state management agencies of commercial legal entities to criminal judgment enforcement agencies of the fulfillment of requirements in judgment enforcement and the judgment enforcement of commercial legal entities;
Reports of commercial legal entities on judgment enforcement;
Documents showing the disclosure of information on judgment enforcement in accordance with this Law;
Records on judgment enforcement;
Documents on coercive judgment enforcement (if any);
Documents on the complete execution of penalties and judicial measures under the provisions of this Law;
Other relevant documents.
Article 162. Rights and obligations of commercial legal entities executing judgments
Commercial legal entities executing judgments have the following rights:
a) To be notified of the judgment enforcement;
b) To receive relevant decisions in the course of serving judgments;
c) To lodge complaints about judgment enforcement;
d) To be granted certificates of complete execution of penalties or certificates of complete observance of judicial measures in accordance with the provisions of this Law;
dd) To be compensated for damage in accordance with the law on the State’s compensation liability.
Judgment-serving commercial legal entities have the following obligations:
a) Strictly abide by legally effective court judgments and decisions; decisions and requests of competent agencies in judgment enforcement;
b) The legal representative of the commercial legal entity must be present at the summons of the criminal judgment enforcement agency;
c) Announce and publicly post up judgment enforcement decisions; notify the execution of penalties and judicial measures to relevant agencies, organizations and individuals in accordance with the provisions of this Law;
d) Report to the criminal judgment enforcement agency on the execution of the judgment.
Commercial legal entities executing judgments shall have other rights and obligations under the provisions of this Law and other relevant laws.
Article 163. Enforcement of judgments
Commercial legal entities that execute judgments fail to comply with or inadequately comply with court judgments or decisions shall be subject to coercive judgment enforcement. Commercial legal entities must bear the cost of coercive judgment enforcement.
Criminal judgment enforcement agencies shall issue decisions on application of coercive judgment enforcement measures.
The Government shall detail this Article.
Article 164. Responsibilities of state management agencies for commercial legal entities
Based on judgments or judgment enforcement decisions and written requests of criminal judgment enforcement agencies, state management agencies for commercial legal entities shall, within the ambit of their tasks and powers, take one or several of the following measures:
a) Modifying or suspending the validity of the establishment and operation license or other documents of equivalent validity for commercial legal entities during the period of suspension of operation for a definite time; apply other measures as prescribed by law to ensure the execution of the penalty of suspension of operation for a definite time according to the court’s judgment or decision;
b) Revoke or delete the registered contents of the commercial legal entity or other documents of equivalent validity; revocation of enterprise registration certificates of commercial legal entities, failure to re-issue establishment and operation licenses for commercial legal entities that have been permanently suspended; apply other measures as prescribed by law to ensure the execution of the penalty of permanent suspension of operation according to court judgments or decisions;
c) Deletion of registered contents; modifying, suspending the validity, revoking, refusing or failing to re-grant part or the whole of the license or other documents of equivalent validity; suspend part or the whole of the business lines and activities of commercial legal entities during the period of operation or business bans for the business lines in the prohibited domains; apply other measures as prescribed by law to ensure the execution of penalties of business or operation bans under court judgments or decisions;
d) To amend, suspend, cancel or revoke licenses by themselves or to request agencies or organizations under their management; refusing to grant licenses, approvals, and carry out procedures for raising capital within the prohibited period for commercial legal entities; apply other measures as prescribed by law to ensure the execution of the penalty of prohibition on capital mobilization under court judgments or decisions;
dd) Apply measures prescribed by law to ensure the implementation of judicial measures to forcibly restore the original state and forcibly take a number of measures to remedy and prevent consequences from continuing to occur under court judgments or decisions.
To coordinate with criminal judgment enforcement agencies and other relevant agencies in examining and supervising commercial legal entities in the course of serving penalties and judicial measures.
To notify in writing the criminal judgment enforcement agency of the fulfillment of the judgment enforcement requirements and the judgment execution of the commercial legal entity.
To coordinate with criminal judgment enforcement agencies and other relevant agencies and organizations in implementing measures to coerce judgment enforcement against commercial legal entities in accordance with the provisions of this Law and other relevant laws.
To publicize decisions and documents of criminal judgment enforcement agencies and measures applied to commercial legal entities in accordance with this Law.
The Government shall detail this Article.
Article 165. Transfer of judgment enforcement obligations in case of reorganization of commercial legal entities
In case the judgment-serving commercial legal entity is divided, separated, consolidated, merged or transformed into an enterprise in accordance with law, the commercial legal entity that inherits the rights and obligations of the judgment-executing commercial legal entity shall be responsible for performing the judgment enforcement obligation in accordance with the provisions of this Law and other relevant laws. Commercial legal entities must not take advantage of the division, separation, consolidation, merger, transformation of enterprises or dissolution or bankruptcy to evade judgment enforcement obligations.
The Government shall detail this Article.
Article 166. Issuance of certificates of complete execution of penalties, certificates of complete execution of judicial measures
Commercial legal entities that have completely served penalties or judicial measures shall be granted certificates of complete execution of penalties or certificates of complete execution of judicial measures by competent criminal judgment enforcement agencies, except for cases where commercial legal entities are convicted under the provisions of Article 79 of the Penal Code.
Within 03 working days from the date of issuance of certificates of complete execution of penalties or certificates of complete observance of judicial measures to commercial legal entities, criminal judgment enforcement agencies shall announce on their websites and send them to state management agencies for commercial legal entities. The Court has issued the judgment enforcement decision and the agency specified at Points d and dd, Clause 2, Article 159 of this Law.
 
Chapter XII
SUPERVISION OF CRIMINAL JUDGMENT ENFORCEMENT
Article 167. Tasks and powers of the procuracies in the supervision of criminal judgment enforcement
To request the courts of the same level and subordinate levels to issue decisions on criminal judgment enforcement in accordance with law; request courts, criminal judgment enforcement agencies and agencies assigned a number of criminal judgment enforcement tasks to self-examine the criminal judgment enforcement and notify the results to the procuracies; supply of dossiers and documents related to criminal judgment enforcement.
To directly supervise the enforcement of criminal judgments by criminal judgment enforcement agencies of the same level and subordinate levels, agencies assigned a number of criminal judgment enforcement tasks; supervising criminal judgment enforcement dossiers of criminal judgment enforcement agencies of the same level and subordinate levels, agencies assigned a number of criminal judgment enforcement tasks. Provincial-level People’s Procuracies and military zone-level Military Procuracies shall directly supervise the execution of imprisonment sentences by prisons located in localities and localities; supervising the enforcement of judgments against commercial legal entities.
To decide on the immediate release of persons serving imprisonment sentences without grounds and in contravention of law.
To request exemption, postponement, suspension or suspension of judgment execution; participate in meetings to consider the reduction or exemption of the sentence serving term, early release from prison, cancellation of the decision on early release from prison, forced to serve the imprisonment penalty of the suspended sentence, shortening the probation period.
To protest, petition and request courts, criminal judgment enforcement agencies of the same level and subordinates, agencies assigned a number of criminal judgment enforcement tasks, competent persons and individuals involved in criminal judgment enforcement; requesting the suspension of the enforcement, amendment or annulment of decisions that violate the law in the enforcement of criminal judgments; to terminate acts of law violation.
To receive and settle complaints and denunciations in the management and education of imprisonment sentence servants; supervise the observance of law in the settlement of complaints and denunciations against the enforcement of criminal judgments.
To institute criminal cases or request investigating agencies to institute criminal cases when detecting cases showing signs of crime in criminal judgment enforcement in accordance with law.
To perform other tasks and exercise other powers in the supervision of criminal judgment enforcement.
Article 168. Supervising the settlement of complaints and denunciations in criminal judgment enforcement
The procuracies shall directly supervise the settlement of complaints and denunciations by courts, criminal judgment enforcement management agencies, criminal judgment enforcement agencies and agencies assigned a number of criminal judgment enforcement tasks.
When supervising the settlement of complaints and denunciations in criminal judgment enforcement, procuracies may request courts, criminal judgment enforcement management agencies, criminal judgment enforcement agencies, agencies assigned a number of criminal judgment enforcement tasks of the same level and subordinate levels to perform the following tasks:
a/ To issue written complaints and denunciations in accordance with the provisions of Chapter XIV of this Law;
b/ To examine the settlement of complaints and denunciations under their competence and of their subordinates; notify the settlement results to the procuracies;
c) Supply dossiers and documents related to the settlement of complaints and denunciations to the procuracies.
Article 169. Responsibilities for implementing requests, decisions, protests and proposals of the procuracies on criminal judgment enforcement
Requests for courts to issue decisions on criminal judgment enforcement and supply of dossiers and documents related to criminal judgment enforcement must be carried out immediately; for requests for courts, criminal judgment enforcement agencies and agencies assigned with a number of criminal judgment enforcement tasks to self-inspect the enforcement of criminal judgments and notify the results to the procuracies, they must be implemented within 30 days from the date of receipt of the requests.
For the decisions specified in Clause 3, Article 167 of this Law, the criminal judgment enforcement agencies shall have to execute them immediately; if they disagree with such decisions, they shall still have to execute them, but may propose to the immediate superior procuracies. Within 10 days from the date of receipt of the petitions, the chairmen of the immediate superior procuracies shall have to settle them.
For protests against decisions specified in Clause 4, Article 167 of this Law, the settlement shall comply with the provisions of the criminal procedure law.
For the protests specified in Clause 5, Article 167 of this Law, courts, criminal judgment enforcement agencies and agencies assigned to execute criminal judgments shall reply in writing within 15 days from the date of receipt of the protests; if they disagree with such protests, these agencies shall have the right to lodge complaints with the immediate superior procuracies; The immediate superior procuracies must settle the complaints within 15 days from the date of receipt of the complaints. Decisions of the immediate superior procuracies must be enforced.
Petitions specified in Clause 5, Article 167 of this Law must be considered, settled and replied in writing within 30 days from the date of receipt of petitions.
 
Chapter XIII
ENSURING CONDITIONS FOR CRIMINAL JUDGMENT ENFORCEMENT ACTIVITIES
Article 170. Payroll, training, training and fostering of criminal judgment enforcement officers
The State shall ensure necessary payrolls and personnel for criminal judgment enforcement management agencies and criminal judgment enforcement agencies.
Persons engaged in criminal judgment enforcement must be trained, trained and fostered in professional skills, law and other knowledge suitable to their assigned tasks and powers.
Article 171. Assurance of material foundations for criminal judgment enforcement activities
Based on the requirements of criminal judgment enforcement, operation areas and socio-economic conditions, the State shall ensure the material foundations of criminal judgment enforcement management agencies and criminal judgment enforcement agencies, including land, offices and works; equipment, weapons, combat gears, means of transport, communications, professional techniques and other material and technical conditions; prioritize ensuring material foundations for agencies located in deep-lying, remote, mountainous, island, areas with extremely difficult socio-economic conditions, and key areas in terms of national security, social order and safety.
Article 172. Equipping and using weapons, professional technical means and combat gears in criminal judgment enforcement
Officers, non-commissioned officers, professional soldiers, soldiers of the People’s Police and the People’s Army, when performing the task of executing criminal judgments, shall be equipped with and use weapons, professional technical means and combat gears in accordance with law.
Article 173. Database on criminal judgment enforcement
The database on criminal judgment enforcement managed by the Ministry of Public Security is a part of the national database on crime prevention and combat information in service of the state management of criminal judgment enforcement and crime prevention and combat.
The establishment, collection, storage, handling, protection, exploitation and use of criminal judgment enforcement databases shall be prescribed by the Government.
Article 174. Ensuring funding for criminal judgment enforcement activities
The State shall ensure funding for criminal judgment enforcement activities. The estimation, use and settlement of funds to ensure criminal judgment enforcement activities shall comply with the provisions of the Law on the State Budget.
Article 175. Regimes and policies for agencies, organizations and individuals in criminal judgment enforcement
Cadres and civil servants; police workers; defense workers, public employees and other persons in charge of criminal judgment enforcement are entitled to regimes and policies in accordance with law.
Officers, non-commissioned officers and soldiers of the People’s Public Security; officers, non-commissioned officers, professional soldiers and soldiers of the People’s Army performing criminal judgment enforcement tasks shall be conferred or promoted to the rank of the people’s armed forces and enjoy regimes and policies in accordance with law.
Agencies, organizations and individuals that have achievements in criminal judgment enforcement shall be commended and rewarded; persons who suffer loss of life, health or property, themselves and their families shall be entitled to regimes and policies as prescribed by law.
 
Chapter XIV
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS IN CRIMINAL JUDGMENT ENFORCEMENT
Section 1. COMPLAINTS AND SETTLEMENT OF COMPLAINTS IN CRIMINAL JUDGMENT ENFORCEMENT
Article 176. Right to lodge complaints in criminal judgment enforcement
Commercial persons and legal entities executing criminal judgments and other relevant agencies, organizations and individuals (hereinafter referred to as complainants) may lodge complaints about decisions or acts of agencies or persons competent to execute criminal judgments if there are grounds to believe that decisions or acts of agencies or persons competent to execute criminal judgments such acts are unlawful and infringe upon their legitimate rights and interests. The complaint of the judgment-executing commercial legal entity shall be made through the legal representative of the commercial legal entity.
The statute of limitations for first-time complaints is 30 days from the date of receipt or knowledge of decisions or acts of enforcement of criminal judgments which the complainants believe are in violation of law. The statute of limitations for a second complaint is 15 days from the date of receipt of the complaint settlement decision of the competent person.
In case the complainant fails to exercise the right to lodge a complaint in accordance with the statute of limitations due to force majeure reasons or objective obstacles, the time for such force majeure reasons or objective obstacles shall not be included in the statute of limitations for complaints.
Article 177. Cases of complaints about criminal judgment enforcement not accepted for settlement
The complained decision or act is not directly related to the lawful rights and interests of the complainant.
The complainant is an individual who does not have full civil act capacity but does not have a representative, unless otherwise provided for by law.
The representative does not have papers proving his/her lawful representation.
The statute of limitations for complaints has expired.
Complaints for which complaint settlement decisions have taken effect shall be enforced.
Article 178. Competence to settle complaints in criminal judgment enforcement
Presidents of commune-level People’s Committees shall settle complaints about unlawful decisions and acts of relevant agencies, organizations and persons in the management, supervision and education of criminal judgment servants in communes, wards or townships.
Heads of criminal judgment enforcement agencies of district-level police shall settle complaints about the following decisions and acts:
a) Unlawful decisions or acts of deputy heads, officers, non-commissioned officers and soldiers under the management of the criminal judgment enforcement agencies of the district-level Police, except for the cases specified in Clause 8 of this Article;
b) Unlawful decisions or acts of the Chairperson of the commune-level People’s Committee or the commune-level People’s Committee assigned by the Court to supervise and educate the judgment servant;
c) The complaint settlement decision of the commune-level People’s Committee president assigned by the court to supervise and educate the judgment servant.
District-level police chiefs shall settle complaints about the following decisions and acts:
a) Unlawful decisions or acts of heads of criminal judgment enforcement agencies of district-level police offices;
b) The complaint settlement decision of the head of the criminal judgment enforcement agency of the district-level Police Department.
Heads of criminal judgment enforcement agencies of provincial-level police shall settle complaints about the following decisions and acts:
a) Unlawful decisions or acts of officers, non-commissioned officers or soldiers under the management of the criminal judgment enforcement agencies of the provincial-level Police, except for the cases specified in Clause 8 of this Article;
b) Unlawful decisions or acts of competent agencies or individuals in the enforcement of criminal judgments against commercial legal entities.
Provincial-level police directors shall settle complaints about the following decisions and acts:
a) Unlawful decisions or acts of heads of criminal judgment enforcement agencies of provincial-level Police Departments;
b) Decisions on complaint settlement of the heads of the criminal judgment enforcement agencies of the provincial-level Police or the chiefs of the district-level Police Departments.
Heads of criminal judgment enforcement management agencies of the Ministry of Public Security shall settle complaints about unlawful decisions and acts of officers, non-commissioned officers and soldiers under the management of criminal judgment enforcement management agencies of the Ministry of Public Security, except for the cases specified in Clause 8 of this Article.
The Minister of Public Security shall settle complaints about the following decisions and acts, except for the cases specified in Clause 8 of this Article:
a) Unlawful decisions or acts of the head of the criminal judgment enforcement management agency of the Ministry of Public Security;
b) Decisions on complaint settlement of provincial-level police directors and heads of criminal judgment enforcement management agencies under the Ministry of Public Security.
The chairman of the provincial-level People’s Procuracy, the chairman of the military zone-level military procuracy or the chairman of the district-level People’s Procuracy shall settle complaints about unlawful decisions and acts in the management and education of prisoners by the persons assigned to manage and educate them.
The chairman of the provincial-level People’s Procuracy shall settle complaints about the complaint settlement decision of the chairman of the district-level People’s Procuracy. The Procurator General of the Supreme People’s Procuracy and the Procurator General of the Central Military Procuracy shall settle complaints about complaint settlement decisions of the Procurators of the provincial-level People’s Procuracies or the Procurators of the military zone-level Military Procuracies. The complaint settlement decisions of the chairmen of the superior procuracies take effect.
Article 179. Competence to settle complaints about criminal judgment enforcement in the People’s Army
Heads of military zone-level criminal judgment enforcement agencies shall settle complaints about unlawful decisions and acts in criminal judgment enforcement of officers, professional soldiers, non-commissioned officers and soldiers of military units, military zone-level criminal judgment enforcement agencies, except for the case specified in Clause 8, Article 178 of this Law.
Commanders of military zones and equivalent shall settle complaints about the following decisions and acts, except for the cases specified in Clause 8, Article 178 of this Law:
a) Unlawful decisions or acts of heads of military zone-level criminal judgment enforcement agencies;
b) The complaint settlement decision of the head of the military zone-level criminal judgment enforcement agency.
Heads of criminal judgment enforcement management agencies affiliated to the Ministry of National Defense shall settle complaints about unlawful decisions and acts of officers, professional soldiers, non-commissioned officers and soldiers under the management of criminal judgment enforcement management agencies of the Ministry of National Defense, except for the case specified in Clause 8, Article 178 of this Law.
The Minister of National Defense shall settle complaints about the following decisions and acts, except for the cases specified in Clause 8, Article 178 of this Law:
a) Unlawful decisions or acts of heads of criminal judgment enforcement management agencies under the Ministry of National Defense;
b) Unlawful decisions and acts of military zone commanders and equivalent;
c) Decisions on complaint settlement of the heads of the criminal judgment enforcement management agencies of the Ministry of National Defense, commanders of military zones or the equivalent.
Article 180. Rights and obligations of complainants in criminal judgment enforcement
Complainants have the following rights:
a) To lodge complaints by themselves or through their representatives during any period of the criminal judgment enforcement process;
b) Withdraw the complaint during any period of the complaint settlement process;
c) To receive written replies on the acceptance and settlement of complaints or complaint settlement decisions;
d) To be restored to their lawful rights and interests that have been infringed upon and to be compensated for damage in accordance with law.
Complainants have the following obligations:
a) Truthfully present the facts and provide information and documents related to the complaint to the complaint settler; take responsibility before law for the content of presentation and the provision of such information and documents;
b) Comply with the effective complaint settlement decisions.
Article 181. Rights and obligations of the complained person in criminal judgment enforcement
The complained persons have the following rights:
a) To be notified of the complaint contents;
b) Give evidence of the lawfulness of the complained decision or act of enforcement of the criminal judgment;
c) To receive complaint settlement decisions.
The complained persons have the following obligations:
a) Explain the complained criminal judgment enforcement decision or act, provide relevant information and documents at the request of competent agencies, organizations and individuals;
b/ To abide by the effective complaint settlement decisions;
c) To reimburse and remedy consequences caused by their unlawful decisions or acts in accordance with law.
Article 182. Tasks and powers of persons competent to settle complaints in criminal judgment enforcement
To receive and settle complaints about complained decisions and acts.
To request the complainant or the complained person to explain and supply information and documents related to the complaint.
To notify in writing the acceptance of the case for settlement and send the settlement decision to the complainant.
To take responsibility before law for the settlement of their complaints.
Article 183. Time limit for settlement of complaints in criminal judgment enforcement
The time limit for first-time complaint settlement is 15 days from the date of receipt of the complaint.
The time limit for settling a second-time complaint is 30 days from the date of receipt of the complaint.
In case of necessity, for complicated cases, the time limit for settlement of complaints specified in Clauses 1 and 2 of this Article may be extended but must not exceed 30 days.
Article 184. Receipt and acceptance of complaints in criminal judgment enforcement
Competent agencies and persons must receive complaints in criminal judgment enforcement. For complaints made by prisoners specified in Clause 8, Article 178 of this Law, within 24 hours after receiving them, the prison superintendents, custodial camp superintendents and heads of criminal judgment enforcement agencies of district-level police departments must immediately forward the complaints to the competent procuracies.
Within 3 working days from the date of receipt of the complaint, the competent agency or person specified in Clause 1 of this Article, Articles 178 and 179 of this Law shall accept the complainant for settlement and notify the complainant in writing. In case of refusal to accept the complaint for settlement, it must notify in writing and clearly state the reason.
Article 185. Dossiers of settlement of complaints in criminal judgment enforcement
A complaint settlement dossier comprises:
a) A written complaint or a written record of the complaint contents;
b) The written explanation of the complained person;
c) The record of verification, verification and conclusion;
d) Decisions on complaint settlement;
dd) Other relevant documents.
Complaint settlement dossiers must be numbered and kept at complaint settlement agencies.
Article 186. Order and procedures for settling first-time complaints in criminal judgment enforcement
After accepting the complaint, the person competent to settle the complaint specified in Articles 178 and 179 of this Law shall conduct verification and request the complainant or the complained person to explain and supply information and documents related to the complaint; meet with relevant agencies, organizations and individuals to clarify the complaint contents and issue a decision to settle the complaint for the first time.
A first-time complaint settlement decision takes effect if the complainant fails to lodge further complaints within the statute of limitations prescribed by this Law.
Article 187. Contents of decisions on settlement of first-time complaints in criminal judgment enforcement
Date of issuance of the decision.
Full names and addresses of complainants and complained persons.
Contents of complaints.
Results of verification of complaint contents.
Legal grounds for complaint settlement.
The conclusion on the complaint contents is true, partly correct or wholly false.
Upholding, modifying, annulling or requesting the modification or cancellation of part of the complained decision or forcible termination of the implementation of the complained decision or act.
The compensation for damage and remedy of consequences caused by unlawful decisions or acts (if any).
To guide the involved parties’ right to make subsequent complaints.
Article 188. Order and procedures for settling second-time complaints in criminal judgment enforcement
In case of continuation of complaints, the complainants must send an application enclosed with a copy of the decision on settlement of the first-time complaint and relevant documents to the person competent to settle the second-time complaint.
In the course of settling a second-time complaint, the person competent to settle the complaint specified in Articles 178 and 179 of this Law may request the first-time complaint settler, relevant agencies, organizations and individuals to supply information and documents related to the complaint contents; summon complained persons and complainants when necessary; verify and take other measures as prescribed by law to settle complaints. Agencies, organizations and individuals, when receiving requests, must strictly comply with such requests.
The second-time complaint settlement decision takes effect.
Article 189. Contents of decisions on settlement of second-time complaints in criminal judgment enforcement
Date of issuance of the decision.
Full names and addresses of complainants and complained persons.
Contents of complaints.
Results of verification of complaint contents.
Legal grounds for complaint settlement.
Conclusions on complaint contents and settlement by persons competent to settle complaints for the first time.
Upholding, modifying, annulling or requesting the modification or cancellation of part of the complained decision or forcible termination of the implementation of the complained decision or act; the compensation for damage and remedy of consequences caused by unlawful decisions or acts.
Section 2. DENUNCIATIONS AND SETTLEMENT OF DENUNCIATIONS IN CRIMINAL JUDGMENT ENFORCEMENT
Article 190. Persons with the right to denounce in criminal judgment enforcement
Judgment servants and all citizens have the right to denounce to competent agencies and persons any acts of law violation by any competent person in criminal judgment enforcement that cause damage or threaten to cause damage to the interests of the State, the right and the  legitimate interests of agencies, organizations and individuals.
Article 191. Rights and obligations of denunciators and denounced persons in criminal judgment enforcement
The rights and obligations of denunciators and denounced persons in the enforcement of criminal judgments shall comply with the provisions of the Law on Denunciations.
Article 192. Competence and time limit for settlement of denunciations
The competence to settle denunciations is as follows:
a) Heads of agencies or organizations that settle denunciations of acts of law violations committed by persons under the management of such agencies or organizations;
b) Presidents of commune-level People’s Committees shall settle denunciations against acts of law violations committed by commune-level police chiefs;
c) The chief of the district-level police shall settle denunciations of acts of law violation committed by the head of the criminal judgment enforcement agency of the district-level police;
d) Presidents of district-level People’s Committees shall settle denunciations of violations committed by Presidents of commune-level People’s Committees;
dd) Directors of provincial-level Police Departments shall settle denunciations of acts of law violations committed by heads of criminal judgment enforcement agencies of provincial-level Police Departments;
e) Commanders of military zones and the equivalent shall settle denunciations against acts of law violations committed by heads of military zone-level criminal judgment enforcement agencies;
g) The Minister of Public Security and the Minister of National Defense shall settle denunciations of acts of law violations committed by the heads of the agencies managing the execution of criminal judgments under their management.
h) The chairman of the procuracy is competent to settle denunciations against acts of law violation in the management and education of prisoners by the person assigned to manage and educate prisoners.
The time limit for settling denunciations shall not exceed 30 days from the date of acceptance of denunciation settlement; for complicated cases, the time limit for settling denunciations may be extended once but not exceeding 30 days; for particularly complicated cases, the time limit for settling denunciations may be extended 02 times, each time not exceeding 30 days.
Denunciations of acts of law violation showing signs of crime shall be settled in accordance with the provisions of the Criminal Procedure Code.
Article 193. Responsibilities for settling denunciations
Competent agencies and persons shall, within the ambit of their tasks and powers, receive and settle denunciations in a timely and lawful manner; strictly handle violators; apply necessary measures to prevent possible damage; ensure that the settlement decisions are strictly implemented and take responsibility before law for their decisions.
Persons competent to settle denunciations who fail to settle denunciations or lack responsibility in the unlawful settlement shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensation according to the provisions of law.
 
Chapter XV
TASKS AND POWERS OF STATE AGENCIES IN THE MANAGEMENT OF CRIMINAL JUDGMENT ENFORCEMENT
Article 194. Tasks and powers of the Government in the state management of criminal judgment enforcement
To perform the unified state management of criminal judgment enforcement nationwide.
To direct the Government’s agencies and provincial-level People’s Committees in the enforcement of criminal judgments.
To coordinate with the Supreme People’s Court and the Supreme People’s Procuracy in the execution of criminal judgments.
Annually, report to the National Assembly on criminal judgment enforcement.
Article 195. Tasks and powers of the Ministry of Public Security in the management of criminal judgment enforcement
The Ministry of Public Security shall be responsible to the Government for performing the unified state management of criminal judgment enforcement and has the following tasks and powers:
a) Promulgate or submit to competent agencies for promulgation legal documents on criminal judgment enforcement; coordinate with the Supreme People’s Court, the Supreme People’s Procuracy and other relevant agencies in promulgating a joint circular providing for coordination between these agencies in the implementation of the order and procedures for criminal judgment enforcement;
b) Formulate and organize the implementation of policies and plans on criminal judgment enforcement; to direct and organize the implementation of legal documents on criminal judgment enforcement;
c) Suspension or annulment according to its competence or propose competent authorities to annul regulations on criminal judgment enforcement which are contrary to the provisions of this Law;
d) Promulgating forms, papers and books on criminal judgment enforcement;
e/ To disseminate and educate the law on criminal judgment enforcement;
e) Manage the organizational system, payroll and operation of criminal judgment enforcement agencies in the People’s Public Security; to decide on the establishment, merger and dissolution of criminal judgment enforcement agencies in the People’s Public Security in accordance with the provisions of this Law; to train, retrain and train officers, non-commissioned officers, soldiers and police workers in the execution of criminal judgments; fostering, training, directing and providing professional guidance to cadres, civil servants and employees of agencies and organizations assigned a number of criminal judgment enforcement tasks;
g/ To direct the arrest of fussy judgment servants; escorting persons with criminal judgment enforcement decisions for judgment enforcement; dissolving or temporarily detaining persons who commit acts of obstructing or opposing the judgment enforcement; coordinate with other people’s armed forces units and local administrations to proactively deploy forces to support criminal judgment enforcement in case of necessity; perform other tasks and exercise other powers as prescribed by this Law;
h/ To examine, inspect, commend and handle violations in the enforcement of criminal judgments; to settle complaints and denunciations about criminal judgment enforcement in accordance with the provisions of this Law;
i/ To decide on plans on allocation of funds and ensure conditions for the operation of criminal judgment enforcement agencies;
k) International cooperation in the field of criminal judgment enforcement;
l) Summarizing the execution of criminal judgments;
m/ To promulgate and implement the statistical regime on criminal judgment enforcement;
n) Report to the Government on the enforcement of criminal judgments.
The Minister of Public Security shall, based on the request for management of persons held in temporary detention or custody, decide to send persons serving imprisonment sentences with a term of 05 years or less who are not persons under 18 years of age, foreigners, persons suffering from dangerous infectious diseases or drug addicts to serve the temporary detention. temporarily detained. The number of persons serving imprisonment sentences in service of temporary detention or detention shall be calculated according to the ratio to the total number of persons held in temporary detention or custody but must not exceed 15%.
Article 196. Tasks and powers of the Ministry of National Defense in the management of criminal judgment enforcement
The Ministry of National Defense shall be responsible for managing the execution of criminal judgments in the People’s Army with the following tasks and powers:
a/ To promulgate or submit to competent authorities for promulgation legal documents on criminal judgment enforcement in the People’s Army; coordinate with the Supreme People’s Court, the Supreme People’s Procuracy and other relevant agencies in promulgating a joint circular providing for coordination between these agencies in the implementation of the order and procedures for criminal judgment enforcement;
b/ To manage the organizational system, payroll and operation of criminal judgment enforcement agencies in the People’s Army; to decide on the establishment, merger and dissolution of criminal judgment enforcement agencies in the People’s Army in accordance with the provisions of this Law;
c/ To coordinate with the Ministry of Public Security, the Ministry of Education and Training and the Ministry of Justice in formulating programs on legal education and civic education; coordinate with the Ministry of Public Security in summarizing, making statistics and reporting to the Government on criminal judgment enforcement;
d/ To guide and direct criminal judgment enforcement operations for military zone-level criminal judgment enforcement agencies; disseminate and educate the law on criminal judgment enforcement in the People’s Army;
e/ To commend and discipline military personnel engaged in criminal judgment enforcement in the People’s Army;
e) Direct the arrest of fugitive judgment servants; escorting persons with criminal judgment enforcement decisions for judgment enforcement; dissolving or temporarily detaining persons who commit acts of obstructing or opposing the judgment enforcement; coordinate with other people’s armed forces units and local administrations to proactively deploy forces to support criminal judgment enforcement in case of necessity; perform other tasks and exercise other powers as prescribed by this Law;
g/ To examine, inspect, settle complaints and denunciations and handle violations of criminal judgment enforcement in the People’s Army in accordance with this Law;
h) Manage and formulate plans on allocation of funds, ensure material foundations and means for criminal judgment enforcement activities in the People’s Army.
The Minister of National Defense shall, based on the request for management of persons held in temporary detention or custody in detention facilities of the Ministry of National Defense, decide to send persons serving imprisonment sentences with a term of 5 years or less who are not persons under 18 years of age, foreigners, persons suffering from dangerous infectious diseases or drug addicts in service of temporary detention and detention. The number of persons serving imprisonment sentences at detention camps shall be calculated according to the proportion of the total number of persons held in temporary detention or custody but must not exceed 15%.
Article 197. Tasks and powers of the Supreme People’s Court in criminal judgment enforcement
To coordinate with the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice and other relevant agencies in promulgating joint circulars providing for coordination among these agencies in the implementation of the order and procedures for criminal judgment enforcement.
To guide courts at all levels in issuing decisions on criminal judgment enforcement; direct courts at all levels to coordinate with agencies specified in Clauses 1, 2 and 3, Article 11 of this Law in the enforcement of criminal judgments.
To coordinate with the Ministry of Public Security and the Ministry of National Defense in summarizing the work of criminal judgment enforcement.
To coordinate with the Ministry of Public Security in implementing the regime of statistics and reporting on criminal judgment enforcement.
Article 198. Tasks and powers of the Supreme People’s Procuracy in criminal judgment enforcement
To coordinate with the Supreme People’s Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice and other relevant agencies in promulgating joint circulars providing for coordination among these agencies in the implementation of the order and procedures for criminal judgment enforcement.
To supervise and direct the procuracies at all levels to supervise the execution of criminal judgments in accordance with the provisions of this Law and other relevant laws.
To coordinate with the Ministry of Public Security and the Ministry of National Defense in summarizing the work of criminal judgment enforcement.
To coordinate with the Ministry of Public Security in implementing the regime of statistics and reporting on criminal judgment enforcement.
Article 199. Tasks and powers of the Ministry of Justice in criminal judgment enforcement
To coordinate with the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense and other relevant agencies in promulgating joint circulars providing for the coordination between these agencies in the implementation of the order and procedures for criminal judgment enforcement.
To coordinate with the Ministry of Education and Training, the Ministry of Public Security and the Ministry of National Defense in formulating programs on legal education and civic education; disseminate and educate the law on criminal judgment enforcement.
To direct civil judgment enforcement agencies to assume the prime responsibility for, and coordinate with prisons, detention camps, criminal judgment enforcement agencies of provincial-level Police Departments, criminal judgment enforcement agencies of district-level Police Departments and military zone-level criminal judgment enforcement agencies in providing information and transfer of papers, money and property, the collection and payment of money and assets related to inmates who are civil judgment debtors or civil judgment creditors; coordinate with criminal judgment enforcement agencies and relevant agencies in judgment enforcement against commercial legal entities.
Article 200. Tasks and powers of the Ministry of Health in criminal judgment enforcement
To coordinate with the Ministry of Public Security and the Ministry of National Defense in directing and guiding the prevention and control of epidemics, medical examination and treatment for inmates and students of reformatory schools; direct the assessment according to its competence; to organize specialized medical establishments to take judicial measures of compulsory medical treatment in accordance with the provisions of this Law.
Article 201. Tasks and powers of the Ministry of Labor, War Invalids and Social Affairs in the enforcement of criminal judgments
To coordinate with the Ministry of Public Security in directing and guiding the organization of labor and vocational training and the implementation of regimes and policies for inmates and pupils of reformatories.
To direct specialized agencies in charge of labor, war invalids and social affairs under provincial-level People’s Committees and social relief establishments to receive, care for and nurture children who are children of inmates who have no relatives to take care of and nurture them in accordance with this Law and other relevant laws.
Article 202. Tasks and powers of the Ministry of Education and Training in criminal judgment enforcement
To coordinate with the Ministry of Public Security and the Ministry of National Defense in directing and guiding the formulation of programs, documents, training of teachers, participation in cultural teaching for inmates and students of reformatories in accordance with the provisions of this Law and other relevant laws.
Article 203. Responsibilities of ministries and ministerial-level agencies in criminal judgment enforcement
Ministries and ministerial-level agencies shall, within the ambit of their functions and tasks, coordinate with the Ministry of Public Security and the Ministry of National Defense in the enforcement of criminal judgments.
Article 204. Tasks and powers of provincial-level People’s Committees in criminal judgment enforcement
To direct the organization and coordination with relevant agencies and subordinate People’s Committees in the enforcement of criminal judgments in their localities in accordance with the provisions of this Law and other relevant laws.
To direct specialized agencies and subordinate People’s Committees and adopt appropriate policies to encourage agencies, organizations and individuals in creating conditions for persons who have completely served their prison sentences, persons granted special amnesty and persons released from prison ahead of time to find jobs, stabilize their lives, learn jobs, and integrate into the community.
To request provincial-level police offices to report on the enforcement of criminal judgments in their localities.
Article 205. Tasks and powers of district-level People’s Committees in criminal judgment enforcement
To direct the organization and coordination with relevant agencies and commune-level People’s Committees in supervising and educating persons entitled to suspended sentences, persons serving sentences of non-custodial reform, residence ban, prohibition from holding certain posts, practicing certain professions or doing certain jobs, deprivation of some citizenship rights; management of persons entitled to postponement or suspension of imprisonment sentences, persons released from prison ahead of the conditional time limit; control and educate persons serving probation sentences in accordance with the provisions of this Law and other relevant laws.
To direct specialized agencies and commune-level People’s Committees and adopt appropriate policies to encourage agencies, organizations and individuals in creating conditions for persons who have completely served their prison sentences, persons granted special amnesty and persons released from prison before the conditional time limit to find jobs, stabilize their lives, learn jobs, and integrate into the community.
To request district-level police offices to report on criminal judgment enforcement in their localities.
 
Chapter XVI
IMPLEMENTATION PROVISIONS
Article 206. Enforcement effect
This Law takes effect from January 1, 2020.
The Law on Enforcement of Criminal Judgments No. 53/2010/QH12 ceases to be effective from the effective date of this Law, except for the cases specified in Clauses 2 and 3, Article 207 of this Law.
Article 207. Transitional Regulations
For legally effective court judgments or decisions that have not yet been enforced or have not been fully enforced by the effective date of this Law, the provisions of this Law shall be applied for enforcement, except for the case specified in Clause 2 of this Article.
For the execution of suspended sentences or non-custodial reform sentences for which the judgments are pronounced under the provisions of the Penal Code No. 15/1999/QH10 which has been amended and supplemented by a number of articles under Law No. 37/2009/QH12, the provisions of the Law on Enforcement of Criminal Judgments No. 53/2010/QH12 and documents detailing the to guide the implementation of the Law.
For the enforcement of judgments or decisions under the Law on Enforcement of Criminal Judgments No. 53/2010/QH12 but complaints and denunciations are still lodged by the effective date of this Law, the settlement of complaints and denunciations shall comply with the provisions of the Law on Enforcement of Criminal Judgments No. 53/2010/QH12 and documents detailing to guide the implementation of the Law.
This Law was approved by the National Assembly of the Socialist Republic of Vietnam at its 14th session on June 14, 2019.

CHAIRWOMAN OF THE NATIONAL ASSEMBLY  Nguyen Thi Kim Ngan

This translation was prepared by An Law Vietnam, for reference purposes only. Its copyright is owned by An Law Vietnam and is protected under Clause 2, Article 14 of the Law on Intellectual Property. Your comments are always welcome.
Contact Us An Law Vietnam
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan Street, Sai Gon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau Ward, Ho Chi Minh City