Luật Thi hành án hình sự 2025

LAW

ON EXECUTION OF CRIMINAL JUDGMENTS

Based on the Constitution of the Socialist Republic of Vietnam amended by Resolution No. 203/2025/QH15;

The National Assembly hereby issues the Law on execution of criminal judgments.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for the principles, procedures, organization, tasks, and powers of competent authorities and persons in the execution of judgments and decisions concerning imprisonment, death penalty, expulsion sentences, warning, community sentence, prohibition of residence, mandatory supervision, deprivation of certain civil rights, prohibition from holding certain positions, prohibition from practicing profession or performing certain jobs, suspended sentences, parole, suspension of operations, permanent shutdown of operations, prohibition of doing business, prohibition of operating in certain fields, prohibition of raising capital, judicial measures; the rights and obligations of individuals and commercial juridical person executing criminal judgments and judicial measures; responsibilities of relevant agencies, organizations, and individuals in the execution of criminal judgments and judicial measures; and international cooperation in the execution of criminal judgments.

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1. Courts’ judgments and decisions which have become legally effective and whose execution decisions have been issued;

2. Courts’ judgments and decisions to be executed immediately in accordance with the Criminal Procedure Code or from their effective dates according to the Criminal Code.

3. Decisions issued by Courts to receive persons currently serving imprisonment in foreign countries and returning to Vietnam to serve their sentences in Vietnam when execution decisions have been issued; Courts’ decisions to transfer persons currently serving imprisonment in Vietnam to foreign countries.

4. Procuracy’s decisions executed in accordance with law;

5. Judgments and decisions on application of judicial measures of enforced compulsory medical treatment, enforced restoration of original state; enforced implementation of remedial measures, measures for preventing further consequences for commercial juridical persons under the jurisdiction of the criminal judgment executing agency.

Article 3. Term interpretation

In this Law, the below terms are construed as follows:

1. “Convict” means a person who has been convicted of a crime and is subject to a penalty under a Court’s judgment or decision that has taken legal effect and a decision on the execution of which has been issued.

2. “Inmate” means a person who is currently serving an imprisonment or a life sentence for a definite period.

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4. “Detention facility” means a place where inmates are managed, detained and educated. Detention facilities include detention camps, temporary detention camps.

5. “Imprisonment execution” means that a competent authority/person specified in this Law puts a person subject to an imprisonment or a life sentence under management, detention, or education.

6. “Death penalty execution” means that a competent authority/person specified in this Law deprives the life of a person sentenced to death.

7. “Execution to postpone the execution of imprisonment” means that a competent authority/person specified in this Law manages, supervises and educates a person subject to a suspended sentence during the postponement period.

8. “Execution of a decision on suspension of execution of imprisonment” means that a competent authority/person specified in this Law manages, supervises, and educates the person whose imprisonment has been suspended during the suspension period.

9. “Suspended sentence execution” means that a competent authority/person specified in this Law manages, supervises, and educates a person subject to a suspended sentence during the probation period.

10. “Parole execution” means that a competent authority/person specified in this Law supervises a person on parole (hereinafter referred to as “parolee”) during probation period.

11. “Community sentence execution” means that a competent authority/person specified in this Law manages, supervises and educates a convict at his/her place of residence, work or study; deducts partial amount from his/her income and transfer it to state budget, and supervises his/her performance of community activities under a legally effective judgment or decision of the Court.

12. “Residence prohibition sentence execution” means that a competent authority/person specified in this Law forces a convict not to temporarily or permanently reside in certain administrative divisions under a legally effective judgment or decision of the Court.

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14. “Expulsion sentence execution” means that a competent authority/person specified in this Law forces a convict to leave the territory of the Socialist Republic of Vietnam under a legally effective judgment or decision of the Court.

15. “Execution of sentence of deprivation of certain civil rights” means that a competent authority/person specified in this Law deprives a convict of one or some civil rights under a legally effective judgment or decision of the Court.

16. “Execution of sentence of prohibition of holding certain positions, practicing certain professions or performing certain jobs” means that a competent authority, organization or person specified in this Law forces a convict not to hold certain positions, practice certain professions or perform certain jobs under a legally effective judgment or decision of the Court.

17. “Execution of enforced compulsory medical treatment” means that a competent authority or person specified in this Law forces a person who has committed an act dangerous to the society or a convict who suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity to receive treatment at a compulsory medical establishment under the decision of a Court or Procuracy.

18. “Escort for criminal judgment execution” means that a competent authority or person defined in this Law forces a person receiving a prison sentence, death sentence, or expulsion sentence to come to a place where he/she will serve the sentence or forces a person subject to a decisions to seek forensic examination, forensic psychiatric examination to the place where the examination is to be carried out.

19. “Extraction” means the execution of the decision of a competent authority or person specified in this Law to take an inmate or a person sentenced to death out of his/her place of supervision and deliver over him/her to a competent authority or person for the purposes of investigation, prosecution, trial, medical examination and treatment, detention management, education, seeking forensic examination, forensic psychiatric examination, organ or body part donation, and participating in exercising other rights and obligations of the inmate or person sentenced to death as prescribed by law within a specified period.

20. “Full record of identity” means a document summarizing the profile, identity with photos of thee postures and two thumbprints of a convict or a person serving a judicial measure, prepared and stored by the competent authority.

21. “Basic record of identity” means a document summarizing profile with all fingerprints of the convict, prepared and stored by the competent authority.

22. “Sentenced commercial juridical person” means a commercial juridical person who has been convicted of a crime and is subject to a penalty, judicial measures under a Court’s judgment or decision that has taken legal effect.

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24. “Execution of sentence of permanent shutdown” means that a competent authority or person specified in this Law forces a sentenced commercial juridical person to shut down its operation in one or certain business lines or the entire operation subject to permanent shutdown under a Court’s judgment or decision that has taken legal effect.

25. “Execution of sentence of prohibition of doing business or operating in certain fields” means that a competent authority or person specified in this Law forces a sentenced commercial juridical person to cease its operation in certain prohibited business lines for a given period of time under a Court’s judgment or decision that has taken legal effect.

26. “Execution of sentence of prohibition of raising capital” means that a competent authority or person specified in this Law forces a sentenced commercial juridical person to refrain from raising capital in one or certain forms for a given prohibition period under a Court’s judgment or decision that has taken legal effect.

27. “State regulatory authority supervising sentenced commercial juridical person” means an authority which is competent to register business, issue a certificate of registration, issue an operation license or grant approval to a commercial juridical person and supervise the operation of the commercial juridical person, and is requested by a criminal judgment execution agency to perform one or certain tasks to maintain the imposition of penalty or judicial measure against the sentenced commercial juridical person.

Article 4. Rules for execution of criminal judgments

1. Complying with the Constitution and laws; ensuring the interests of the State, and the legitimate rights and interests of agencies, organizations, and individuals.

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

3. Ensuring socialist humanism; respect for the honor, dignity, and lawful rights and interests of convicts, persons subject to judicial measures, and the lawful rights and interests of sentenced commercial juridical persons.

4. Combining punishment and education in the execution of judgments; applying educational measures based on the nature and severity of crimes committed, age, gender, educational level and other personal characteristics of convicts.

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

7. Ensuring the participation of agencies, organizations, individuals, and families in execution of criminal judgments and community reintegration as prescribed by law.

8. Applying science, technology, digital transformation, and modernization in execution of criminal judgments.

Article 5. Supervision of execution of criminal judgments

1. The National Assembly, People's Councils, the Vietnam Fatherland Front, and member organizations of the Front shall supervise the operation of competent authorities, organizations, persons, and other relevant agencies, organizations, and individuals in accordance with the law.

2. The People’s Procuracy shall supervise the compliance with laws by competent authorities and persons, and other relevant organizations and individuals in executing criminal judgments.

Article 6. International cooperation in execution of criminal judgments

1. International cooperation in execution of criminal judgments between competent authorities of the Socialist Republic of Vietnam and respective competent authorities of foreign counterparts shall be conducted on the principle of respect for national independence, sovereignty, territorial integrity and non-intervention in one another's internal affairs, equality and mutual benefit, compliance with the Constitution of the Socialist Republic of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory.

2. If Vietnam and a related country have not concluded any international treaty, their international cooperation in execution of criminal judgments shall be carried out in a manner that applies principle of reciprocity, is not contrary to the Constitution of Vietnam and complies with international law and practices.

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1. Destroying supervision and detention facilities; destroying and intentionally damaging property of supervision and detention facilities; organizing escape or escaping from supervision and detention places; organizing escape or escaping while being escorted; rescuing inmates, persons serving judicial measures or persons being escorted.

2. Failing to comply with decisions to execute criminal judgments; obstructing or resisting the implementation of internal rules and regulations on execution of criminal judgments or decisions on or requests issued competent authorities or persons for execution of criminal judgments.

3. Organizing, provoking, instigating, involving, enticing, abetting or forcing others to violate the law on execution of criminal judgments; taking revenge on or infringing upon the life, health, honor, dignity, and property of persons in charge of executing criminal judgments.

4. Failing to issue decisions to execute criminal judgments; failing to execute decisions to set free persons who are released in accordance with law and other decisions issued by competent authorities or persons on execution of criminal judgments.

5. Giving, taking, brokering bribes, or causing harassment in execution of criminal judgments.

6. Illegally releasing persons who are in detention, are being escorted for judgment execution; showing irresponsibility for supervision, guard and escort for judgment execution, resulting in the escape by persons serving imprisonment, death penalties, or expulsion sentences.

7. Abusing positions and powers to request exemption from or reduction of the duration, postponement or suspension of the serving of a sentence, parole or shortening probation period for ineligible persons; failing to request exemption from or reduction of the duration, postponement or suspension of serving a sentence, parole, or shortening probation period for eligible persons; requesting or failing to request early termination of execution of judicial measures, postponement or suspension of execution of judicial measures; obstructing convicts sentenced corporate juridical persons from exercising the rights as specified in this Law.

8. Torturing and using brutal, inhuman or humiliating treatment or punishment against convicts or persons serving judicial measures; abusing power to infringe upon the legitimate rights and interests of convicts; persecuting or taking revenge against denouncers or complainants in execution of criminal judgments.

9. Differentiating, discriminating or infringing upon legitimate rights and interests of convicts or sentenced corporate juridical persons.

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11. Falsifying dossiers and records related to execution of criminal judgments.

Article 8. Criminal judgment execution organization system

1. Criminal judgment execution management agencies, including:

a) Criminal judgment execution management agency affiliated to the Ministry of Public Security;

b) Criminal judgment execution management agency affiliated to the Ministry of National Defense.

2. Criminal judgment execution agencies, including:

a) Detention camps of the Ministry of Public Security, the Ministry of National Defense (hereinafter referred to as “detention camps”);

b) Criminal judgment execution agencies affiliated to police authorities of provinces/cities (hereinafter referred to as “criminal judgment execution agencies of provincial police authorities);

c) Criminal judgment execution agencies affiliated to military zones and equivalents (hereinafter referred to as “criminal judgment execution agencies of military zones”).

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a) Temporary detention camps of the Ministry of Public Security, the Ministry of National Defense, provincial police authorities and military zones (hereinafter referred to as “temporary detention camps”);

b) Commune-level People's Committees;

c) Military units of regiment and equivalent levels (hereinafter referred to as “military units”).

d) Police authorities of communes, wards, and special zones (hereinafter referred to as commune-level police authorities).

4. The Minister of Public Security and the Minister of National Defense shall issue specific regulations on organizational apparatuses of criminal judgment execution management agencies and criminal judgment execution agencies.

Article 9. Tasks and powers of Criminal judgment execution management agency affiliated to the Ministry of Public Security

1. Assist the Minister of Public Security in performing the following tasks and powers:

a) Organize execution of the law on execution of criminal judgments;

b) Provide professional directions and instructions about uniform application of regulations and laws on execution of criminal judgments;

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2. Inspect the execution of criminal judgments.

3. Decide to send persons subject to imprisonment to places where they will serve their sentences; to transfer inmates between detention facilities.

4. Directly manage detention camps, reformatories of the Ministry of Public Security.

5. Follow statistics and reporting regulations.

6. Settle complaints about and denunciations of execution of criminal judgments under this Law and the Law on Denunciation.

7. Perform other tasks and powers in accordance with this Law and assigned by the Minister of Public Security.

Article 10. Tasks and powers of Criminal judgment execution management agency affiliated to the Ministry of National Defense

1. Assist the Minister of National Defense in performing the following tasks and powers:

a) Organize execution of the law on execution of criminal judgments;

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c) Conduct review of the execution of criminal judgments in the army.

2. Inspect the execution of criminal judgments in the army.

3. Decide to send persons subject to imprisonment to places where they will serve their sentences; to transfer inmates between detention facilities.

4. Directly manage detention camps, reformatories of the Ministry of National Defense.

5. Follow statistics and reporting regulations.

6. Settle complaints about and denunciations of execution of criminal judgments under this Law and the Law on Denunciation.

7. Perform other tasks and powers in accordance with this Law and assigned by the Minister of National Defense.

Article 11. Tasks and powers of Criminal judgment execution management agencies of provincial police authorities

1. Assist Directors of provincial police authorities in managing and directing the execution of criminal judgments in their respective provinces/cities:

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b) Review the execution of criminal judgments and implement statistics and reporting regulations as instructed by the criminal judgment execution management agency of the Ministry of Public Security.

2. Receive Courts’ judgments and decisions, decisions on execution of criminal judgments; complete dossiers and establish lists of persons subject to imprisonment and submit them to criminal judgment execution management agencies of the Ministry of Public Security for the decision to send such persons to places of execution.

3. Request competent Courts to issue a decision to seek forensic and psychiatric examinations of inmates showing signs of mental illness or other diseases that impair their cognitive abilities or ability to control their behavior.

4. Request the competent Court to consider and decide the postponement or reduction of the duration of imprisonment execution for persons subject to imprisonment, parole, or the application of the judicial measure of enforced medical treatment for convicts specified in this Law.

Request the competent court to consider and decide the postponement of the execution of imprisonment by convicts while on bail, force persons serving suspended sentence and violating the terms of probation to serve the remainder of the sentences in prisons, cancel decisions on parole granted to persons who violate the terms of parole and force such persons to serve the remainder of the sentences in prisons, shorten probation period granted to persons serving suspended sentences, decide reduction of the serving of community sentences, and exemption from serving the remainder of the sentences granted to persons subject to mandatory supervision or prohibition of residence..

5. Receive persons sentenced to prisons and transferred from foreign countries to Vietnam to execute judgments under decisions issued by competent Courts, complete judgment execution dossiers, and request criminal judgment execution management agencies to issue decisions to send persons to places where they will serve the sentences.

Notify the diplomatic mission of the country of which the convict is a citizen in cases of receiving enforcement decisions, sentence reduction, exemption, sentence completion, or death of the convict.

6. Organize execution of criminal judgments against persons serving suspended sentence or community sentences, prohibition of residence, holding certain positions or practicing certain professions or performing certain jobs, deprived of certain citizenship rights, or subject to mandatory supervision; organize management of persons whose imprisonment is postponed or suspended, parolees.

Organize execution of expulsion sentences; participate in execution of death penalties; manage inmates for custody and temporary detention purposes as per this Law; directly manage accommodation facilities under provincial police authorities.

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8. Release wanted notices and hunt convicts escaping from prisons.

9. Decide to extract inmates or follow inmate extraction orders issued by competent authorities or persons.

10. Prepare dossiers, impose penalties and judicial measures on corporate juridical persons as per this Law.

11. Issue certificates of complete execution of sentences, and certificates of complete execution of judicial measures under their jurisdiction.

12. Settle complaints about and denunciations of execution of criminal judgments under this Law and the Law on Denunciation.

13. Perform other tasks and powers in accordance with this Law.

Article 12. Tasks and powers of criminal judgment execution management agencies of military zones

1. Assist Commanders of military zones in managing and directing the execution of criminal judgments in their military zones or equivalent zones:

a) Provide professional guidance on and inspect the execution of criminal judgments;

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2. Receive Courts’ judgments and decisions, decisions on execution of criminal judgments; complete dossiers and establish lists of persons subject to imprisonment and submit them to criminal judgment execution management agencies of the Ministry of National Defense for the decision to send such persons to places of execution.

3. Request competent Courts to issue a decision to seek forensic and psychiatric examinations of inmates showing signs of mental illness or other diseases that impair their cognitive abilities or ability to control their behavior.

4. Request the competent Court to consider and decide the postponement or reduction of the duration of imprisonment execution for persons subject to imprisonment, parole, or the application of the judicial measure of enforced medical treatment for convicts in accordance with law.

Request the competent court to consider and decide the postponement of the execution of imprisonment by convicts while on bail, force persons serving suspended sentence and violating the terms of probation to serve the remainder of the sentences in prisons, cancel decisions on parole granted to persons who violate the terms of parole and force such persons to serve the remainder of the sentences in prisons, shorten probation period granted to persons serving suspended sentences, decide reduction of the serving of community sentences.

5. Escort, for judgment execution, persons sentenced to prisons while on bail, persons whose prison sentences are postponed or suspended, persons who are forced to serve the remainder of the sentences in prisons, and persons whose decisions on parole are cancelled by Courts.

6. Organize execution of criminal judgments against persons serving suspended sentence or community sentences, prohibited from holding certain positions or practicing certain professions or performing certain jobs; organize management of persons whose imprisonment is postponed or suspended, parolees.

Participate in execution of death penalties; manage inmates for temporary detainment and detention purposes as per this Law.

7. Collect biometric information including iris scans, DNA, and voice recordings of persons subject to penalties such as warnings, fines, community sentences, or suspended sentences if such data are not yet available in the database.

8. Release wanted notices and hunt convicts escaping from prisons.

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10. Prepare dossiers, impose penalties and judicial measures on corporate juridical persons as per this Law.

11. Issue certificates of complete execution of sentences, and certificates of complete execution of judicial measures under their jurisdiction.

12. Settle complaints about and denunciations of execution of criminal judgments under this Law and the Law on Denunciation.

13. Perform other tasks and powers in accordance with this Law.

Article 13. Tasks and powers of detention camps

1. Tasks and powers of detention camps include:

a) Receive inmates and children under 36 months old living with their mothers who are inmates (if any); collect biometric information including iris scans, DNA, and voice samples of inmates if such data are not yet available in the database; organize management of detention, and reformatory education of inmates;

b) Notify relatives of inmates of the receipt of inmates and their execution of sentences;

c) Prepare dossiers and request the competent Court to consider and decide the postponement or reduction of the duration of imprisonment execution for persons subject to imprisonment, parole, or for seeking forensic examination or forensic psychiatric examination, the application of the judicial measure of enforced medical treatment for convicts in accordance with law.

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dd) Cooperate with civil judgment execution agencies in providing information, transfer documents, cash, assets, collecting or returning cash and assets related to inmates who are civil judgment debtors and judgment creditors;

e) Issue certificates of completion of execution of imprisonment, and certificates of parole;

h) Follow procedures for handling in cases where a convict dies, or a child living together with the convict in the prison dies;

i) Escort and deliver foreign inmates under the Court’s decisions on the transfer of persons currently serving imprisonment; receive and manage detention, education and rehabilitation of Vietnamese inmates who have committed crimes and were sentenced to prisons in foreign countries and have been transferred to Vietnam for execution; comply with regulations of this Law on execution of expulsion sentences;

k) Comply with regulations on statistics and report on execution of imprisonment;

l) Perform other tasks and powers as per law.

2. Superintendents have the following tasks and powers:

a) Organize the performance of tasks and powers of detention camps as provided in clause 1 of this Article;

b) Issue decisions to classify inmates and organize detention of inmates according to their performance grade; decisions on inmates' performance grade, decisions on upgrading or downgrading in inmates, decisions to recognize that inmates convicted of disciplinary offences have made progress, decisions on certain investigation measures in accordance with criminal procedure laws and laws on organization of criminal investigation authorities, decisions on commendation for and disciplinary actions against inmates, inmate collectives, groups, or teams;

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d) Make decisions on extraction of inmates;

d) Issue wanted notices and promptly cooperate in capturing inmates escaping from detention camps; decisions on suspension of wanted notices upon successful capture of inmates escaping from detention camps.

3. Deputy superintendents shall perform tasks and powers of superintendents as assigned or authorized by superintendents and take responsibilities for assigned duties.

Article 18. Tasks and powers of temporary detention camps in execution of criminal judgments

1. Directly manage, detain, educate, and rehabilitate inmates serving sentences in temporary detention camps under this Law; organize work and vocational training for inmates to meet the requirements of temporary detainment, detention and the capacity of the detention camp.

2. Collect biometric information including iris scans, DNA, and voice samples of inmates if such information is not yet available in the database.

3. Prepare and submit applications to competent authorities for review and approval of reduction of sentence duration, suspension of sentence execution, parole for the inmates, for seeking forensic examination, forensic psychiatric examination, and for implementation of compulsory medical treatment.

4. Issue certificates of completion of execution of imprisonment, certificates of parole to inmates in temporary detention camps of the Ministry of Public Security and the Ministry of National Defense.

5. Make extraction decisions, and organize the extraction in accordance with this Law.

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7. Perform other tasks and powers as per this Law.

Article 15. Duties and powers of Courts in execution of criminal judgments

1. Issue judgment execution decisions.

2. Issue decisions to establish councils for execution of death penalties.

3. Issue or invalidate decisions to postpone or suspend the execution of imprisonment; parole; decisions to suspend judgment execution; decisions on exemption from or reduction in the duration of sentence execution; decisions to force persons who are serving suspended sentences to serve the original prison sentences; decisions to extend the expulsion period; decisions to apply or invalidate decisions to apply compulsory medical treatment, and decisions to suspend the implementation of compulsory medical treatment..

4. Consider permitting the receipt of corpses of persons sentenced to death.

5. Send judgments and decisions to be executed and decisions stated in clauses 1 and 2 of this Article, and related documents to agencies, organizations and individuals under this Law.

6. Issue decisions to receive Vietnamese inmates who committed crimes and were sentenced to prisons in foreign countries and have been transferred to Vietnam for sentence execution, and transfer foreign inmates.

7. Issue decisions to seek forensic examination, clinical forensic examinations for inmates showing signs of mental diseases or other diseases that have deprived them of the consciousness or act control capacity.

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9. Perform other tasks and powers as per this Law.

Chapter II

EXECUTION OF IMPRISONMENT

Section 1. PROCEDURES FOR EXECUTION OF IMPRISONMENT AND REGULATIONS OF MANAGEMENT OF DETENTION AND EDUCATION OF INMATES

Article 16. Decision on execution of imprisonment

1. A imprisonment execution decision must clearly indicate full name and position of the decision issuer; judgment or decision to be executed; name of the agency responsible for executing the decision; full name, date of birth and place of residence of the convict; the duration of the sentence and the duration of the additional penalty(ies). In case the convict is on bail, the decision must clearly state that, within 7 days from the date of receipt of the decision, the convict must present himself/herself at the criminal judgment execution agency of the police authority of the commune where he/she resides or the criminal judgment execution agency of the military zone where he/she works.

2. Within 2 working days from the date of issuance of the imprisonment execution decision, the Court shall send the decision to the following individuals and agencies:

a) The convict and his/her representative in case the convict is under 18 years of age;

b) The same-level Procuracy;

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3. Within 2 working days from the date of issuance of the imprisonment execution decision, the Court shall send the following documents to the criminal judgment enforcing agency of the provincial Police authority, the criminal judgment execution agency of the military zone, the detention camp where the convict is being held, or the commune-level Police authority, or the military unit where the convict is on bail:

a) Legally effective judgments and decisions of the Court; in cases of appeal, cassation, or retrial, the first-instance judgment must be included;

b) Decision on execution of imprisonment

Article 17. Execution of Decision on execution of imprisonment

1. In case the person sentenced to prison is currently detained, within 2 working days from the date of receipt of the sentence execution decision, the temporary detention camp of the police authority of province where the person sentenced to prison is currently in detention shall serve the sentence execution decision on such person and report it to the criminal judgment execution agency of the provincial police authority. Within 3 working days from the date of receipt of the report, the criminal judgment execution agency of the provincial police authority shall complete the dossier and make a list of persons sentenced to prison to report to the criminal judgment execution management agency of the Ministry of Public Security. In case the person sentenced to prison is currently detained at the temporary detention camp of the Ministry of Public Security, the temporary detention camp shall execute the sentence execution decision on such person and complete the dossier, compile a list and report it to the criminal judgment execution management agency of the Ministry of Public Security. If the convict is convicted of another criminal offense, the detention camp shall execute the new sentence execution decision on such person.

Within 05 working days from the date of receipt of the report from the criminal judgment execution agency of the provincial police authority or the temporary detention camp of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of Public Security shall issue a decision to send the convict to the place where he/she will serve the sentence. If the convict is a foreigner, within 03 working days from the date of issuance of the decision, the criminal judgment execution management agency of the Ministry of Public Security shall inform the Ministry of Foreign Affairs, which then notifies the diplomatic mission or consular office of the country of which the person is a citizen.

Within 07 working days from the date of receipt of the decision to send the convict to the place where he/she will serve the sentence. The criminal judgment execution agency of the provincial police authority or the temporary detention camp of the Ministry of Public Security must complete the dossier and transfer the convict to the detention facility to serve their sentence, except in cases of emergency, force majeure, or objective obstacles.

For persons sentenced to prison who are currently in detention and have less than three months remaining on their sentence from the date of receiving the execution decision, they shall serve their sentence at the detention facility where they are being held.

2. In case the person sentenced to prison is currently detained, at the temporary detention camp of a military zone, within 2 working days from the date of receipt of the sentence execution decision, the temporary detention camp shall serve the sentence execution decision on such person and report it to the criminal judgment execution agency of the military zone. Within 3 working days from the date of receipt of the report, the criminal judgment execution agency of the military zone shall complete the dossier and make a list of persons sentenced to prison to report to the criminal judgment execution management agency of the Ministry of Defense. In case the person sentenced to prison is currently detained at the temporary detention camp of the Ministry of Defense, the temporary detention camp shall execute the sentence execution decision on such person and complete the dossier, compile a list and report it to the criminal judgment execution management agency of the Ministry of Defense. If the convict is convicted of another criminal offense, the detention camp shall execute the new sentence execution decision on such person.

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Within 07 working days from the date of receipt of the decision to send the convict to the place where he/she will serve the sentence. The criminal judgment execution agency of the military zone or the temporary detention camp of the Ministry of Defense must complete the dossier and transfer the convict to the detention facility to serve their sentence, except in cases of emergency, force majeure, or objective obstacles.

For persons sentenced to prison who are currently in detention and have less than three months remaining on their sentence from the date of receiving the execution decision, they shall serve their sentence at the detention facility where they are being held.

3. While awaiting transfer to the prison to serve their sentence, convicts are entitled to the same benefits as inmates.

4. If the person sentenced to prison is on bail, within 07 days from the date of receipt of the sentence execution decision, he/she must present himself/herself at the office of the criminal judgment execution agency of the commune-level police authority or military zone indicated in the decision. If he/she fails to appear within the time limit, the head of the commune-level police authority or the head of the criminal judgment execution agency of the military zone shall issue a decision to escort the convict, except in cases of emergency, force majeure, or objective obstacles.

In cases where, due to an emergency situation, force majeure, or objective obstacles, the convict who is on bail fails to appear within 7 days, immediately after the emergency, force majeure, or objective obstacle ends, he/she must be present at the local commune-level police station or the criminal judgment execution agency of the military zone designated in the execution decision to carry out the procedures for serving the sentence.

If the convict who is on bail escapes, the criminal judgment execution agency of the commune-level police authority or military zone where the person resided prior to escape shall issue a wanted notice and organize the pursuit. if such person suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of the commune-level police authority or of military zone shall seek forensic examination, forensic psychiatric examination; if the assessment report certifies that such person suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of the commune-level police authority or of military zone shall request the Court which issued the sentence execution decision to issue a decision on application of compulsory medical treatment.

If a person sentenced to prison dies while on bail, the criminal judgment execution agency of the commune-level police authority or of military zone shall request the Court that issued the sentence execution decision to issue a decision to suspend the execution.

Article 24. Procedures for postponement of the execution of imprisonment

1. For a person sentenced to prison who is on bail, the Chief Justice of the court that issued the execution decision may, on their own initiative or upon the written request of the convict, send a written request to the Same-level Procuracy, the criminal judgment execution agency of the police authority of the province where the convict resides, or the criminal judgment execution agency of the military zone where the convict works or resides for issuance of a decision to postpone the execution of imprisonment. The request must be submitted to the court that issued the execution decision, accompanied by relevant documents.

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In case of rejection, the decision must clearly state the reasons for rejection. The decision rejecting the postponement request shall be sent to the person who submitted the request or the proposing agency and the Same-level Procuracy.

3. Within 03 working days from the date of issuance of the decision on postponement of sentence execution, the Court shall send the decision to the following individuals and agencies:

a) The person whose sentence execution is postponed, and their representative in case the person is under 18 years old;

b) The same-level Procuracy;

c) Criminal judgment execution agency of the provincial police authority or military zone where the convict works or resides;

c) Ministry of Foreign Affairs in case where the person granted postponement is a foreigner;

dd) The commune-level People’s Committee, commune police authority, and military unit assigned to manage, supervise, and educate the person granted postponement.

Article 19. Execution of Decision on postponement of the execution of imprisonment

1. Immediately upon receiving the court’s decision to postpone the execution of imprisonment, the criminal judgment execution agency of the provincial police authority, commune-level police authority or military zone must cease all procedures to send the convict to the place where he/she will serve the sentence.

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If the person refuses to make a commitment, the commune-level police authority or military unit shall make a record and report this to the criminal judgment execution agency of the provincial authority or military zone for the court to handle according to jurisdiction.

If the person fails to be present as summoned, the commune-level police authority or military unit shall verify and request him/her to present himself/herself at the commune-level police station or military unit for notification and commitment.

If, after the second request, the person still fails present himself/herself or makes a commitment, the commune-level police authority or military unit shall make a record and report to the provincial or criminal judgment execution agency of the provincial police authority or the military zone to propose to the court to cancel the postponement decision.

If the person granted postponement is seriously ill and receiving treatment at a medical establishment or at home, and cannot present himself/herself as summoned, the criminal judgment execution agency shall cooperate with the commune-level police authority or military unit, the medical establishment, and such person’s family to notification procedures and obtain a commitment to fulfill obligations.

3. Within 03 working days from the date of receipt of the postponement decision, the criminal judgment execution agency of the provincial police authority or military zone must prepare the dossier on execution of the postponement decision and hand it over to the commune-level police authority or military unit responsible for managing, supervising, and educating the person granted postponement. The dossier includes:

a) Decision on postponement of the execution of imprisonment;

b) The judgment and execution decision;

c) The commitment of the person granted postponement or his/her family representative;

d) Other relevant documents.

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The person granted postponement is prohibited from leaving their residence during the postponement period without the approval of commune-level police authority or military unit and must present himself/herself upon summons by the commune-level police authority or military unit managing, supervising, and educating such person.

If the person granted postponement leaves their place of residence due to an emergency, force majeure, or objective obstacle, as soon as such reason expires, they must report to or inform the commune-level police authority or the military unit assigned to manage, supervise, and educate them.

Change of residence or workplace shall be carried out according to Article 66 of this Law.

If the person granted postponement is seriously ill and treated outside their residence, the commune-level police authority or the military unit shall cooperate with the family to manage, supervise, and educate them.

5. During the postponement period, if the person commits a new crime, escapes, or violates the law affecting public security and order, the commune-level police authority or the military unit assigned to manage, supervise and educate such person must report to the criminal judgment execution agency of the provincial police authority or military zone. Such agency shall then request court to review and cancel the postponement decision.

Within 03 working days of receiving the cancellation request, the court shall decide whether to approve or reject (clearly stating the reason) such request and notify the criminal judgment execution agency of the provincial police authority or military zone accordingly.

Within 03 working days from the date of issuance of the decision on cancellation of decision on postponement of execution of imprisonment, the Court shall send the decision to the individuals and agencies as specified in clause 3 of Article 18 hereof. Immediately upon receiving the court’s decision, the criminal judgment execution agency of the provincial police authority or military zone shall execute the sentence.

If the person escapes during postponement, the criminal judgment execution agency of the provincial police authority or military zone shall issue a wanted notice and organize pursuit.

6. During the postponement period, if the person granted postponement dies, the commune-level police authority or the military unit assigned to manage, supervise and educate such person must report and hand over the dossier to the criminal judgment execution agency of the provincial police authority or military zone to notify the Court that issued the postponement decision and handle related procedures.

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a) If the postponement period has not expired and the person voluntarily presents himself/herself for execution, the commune-level police authority or military unit shall receive and transfer the person to the detention facility designated by the criminal judgment execution agency of the provincial police authority or military zone.

The criminal judgment execution agency of the provincial authority or military zone must notify the court that issued postponement decision to cancel it;

b) Upon expiry of the postponement period, the person must present himself/herself to the commune-level police authority or military unit to proceed with execution of imprisonment.

If the person fails to present himself/herself within 07 days after postponement period expire, head of the commune-level police authority or the head of the criminal judgment execution agency of the military zone shall issue a decision to escort the convict for sentence execution except for force majeure events or objective hindrance.

Upon expiry of the postponement period, if the person is under consideration for further postponement, sentence execution is suspended until the court issues a decision.

8. For individuals whose prison sentences are postponed due to serious illness, if there are signs of recovery but they continue to use their health as an excuse to evade serving their sentence, or if the person whose sentence is postponed shows signs of mental illness or other diseases that impair their cognitive abilities or ability to control their behavior, the criminal judgment execution agency of the police authority of the province where the person resides, or the criminal judgment execution agency of the military zone where the military unit is assigned to manage, supervise, and educate that person, is responsible for requesting a determination of their medical condition at a basic-level or higher medical establishment, or for requesting a forensic and forensic psychiatric examination.

If the medical examination determines that the person whose sentence was postponed has recovered their health, the criminal judgment execution agency of the provincial police authority or the military zone shall transport that person to the place of sentence execution and notify the court that issued the postponement decision. The Court shall then cancel the postponement decision.

If the examination determines that the person is suffering from a mental illness or other disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of the provincial police authority or the military zone shall request the court that issued the execution decision to cancel the decision to postpone the execution of the sentence and issue a decision to apply compulsory medical treatment.

If the period of postponement due to serious illness expires, and the medical records from the medical establishment currently treating the person or the medical conclusion from a primary-level medical establishment or higher confirms that the person’s health has not yet recovered, the criminal judgment execution agency of the police authority of the province where such person resides or the military zone where the unit is assigned to manage, supervise, and educate such person must notify the court that issued the postponement decision in writing to review and decide whether to continue granting the postponement. The documents sent together with the document from the criminal judgment execution agency of the provincial police authority or military zone shall include: The request for the continued postponement of execution of imprisonment submitted by the person granted postponement or their family representative, confirmed by the commune-level police authority or military unit responsible for managing, supervising, and educating such person; Copies of the medical records or medical conclusion regarding the health condition of the person granted postponement.

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Within 03 working days from the date of issuance of the decision on cancellation of decision on postponement of execution of imprisonment, the Court shall send the decision to the individuals and agencies as specified in clause 3 of Article 18 hereof. Immediately upon receiving the court’s decision, the criminal judgment execution agency of the provincial police authority or military zone shall execute the sentence.

Article 20. Tasks and powers of commune-level People's Committees, commune-level police authorities, and military units in managing, supervising, and educating persons granted postponement of execution of imprisonment

1. Commune-level People’s Committees shall manage, supervise, and educate the person granted postponement of execution of imprisonment.

2. The Commune-level Police authority shall directly assist the Commune-level People's Committee in managing, supervising, and educating persons granted postponement of execution of imprisonment and have the following tasks and powers:

a) Receiving dossiers, organizing management, supervision, and education of persons granted postponement; supplementing documents during the management, supervision, and education process; handing over dossiers to the criminal judgment execution agency of the provincial police authority;

b) Requesting persons granted postponement to fully fulfill their obligations; taking educational and preventive measures when there are signs of violations;

c) Resolving request for absence or change of residence of persons granted postponement according to this Law and residence laws;

d) Cooperating with the Vietnam Fatherland Front and its member organizations, family, and agencies or organizations where persons granted postponement reside in managing, supervising, and educating such persons;

dd) Reporting to the criminal judgment execution agency of the provincial police authority to initiate procedures to request the competent court to cancel the postponement decision if the person commits a new crime, escapes, or violates laws causing negative impacts on security, order, and social safety;

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g) Submit monthly report to the criminal judgment execution agency of the provincial police authority on the management, supervision, and education of persons granted postponement;

h) Performing other tasks and powers as per this Law.

3. The Head of Commune-level Police authority shall periodic report or report upon requested by the Commune-level People's Committee on the performance of tasks and powers prescribed in Clause 2 of this Article.

4. The military unit assigned to manage, supervise, and educate the person granted postponement shall have the following tasks and powers:

a) Tasks and powers specified in points b and d clause 2 of this Article;

a) Receiving dossiers, organizing management, supervision, and education of persons granted postponement; supplementing documents during the management, supervision, and education process; handing over dossiers to the criminal judgment execution agency of the military zone;

c) Cooperating with commune-level police authority in resolving request for absence or change of residence of persons granted postponement according to this Law and residence laws;

d) Reporting to the criminal judgment execution agency of the military zone to initiate procedures to request the competent court to cancel the postponement decision if the person commits a new crime, escapes, or violates laws causing negative impacts on security, order, and social safety;

dd) Reporting to the criminal judgment execution agency of the military zone when a person granted postponement dies, escapes, is absent without permission, or changes residence without the military unit’s approval;

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Article 21. Obligations of persons granted postponement of execution of imprisonment

1. Present themselves upon summoned and commit in writing to fulfill their obligations.

2. Strictly comply with commitments to abide by laws, civic duties, and the rules and regulations of their residence and workplace.

3. Comply with the management, supervision, and education by the Commune-level People's Committee, Commune-level Police authority, and the military unit assigned to manage, supervise, and educate them.

4. Present themselves upon requested by the commune-level People’s Committee, commune police authority, or military unit assigned to manage, supervise, and educate them.

5. Report in writing or by other means on compliance with the law as requested by the Commune-level Police authority or the military unit assigned to manage, supervise, and educate them.

6. Voluntarily present themselves at the commune-level police authority or the military unit assigned to manage, supervise, and educate them within 3 days from the date the postponement expires, or when their health recovers, in order to continue serving their sentence.

7. Persons granted postponement of execution of imprisonment are subject to exit restriction during the postponement period.

Article 22. Dossier on sending the convict to place of imprisonment execution

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a) The legally effective judgment and decision of the court; in the case of appeal, cassation, or retrial, the first-instance judgment must be attached;

b) The imprisonment execution decision; consolidated punishment decision (if any); suspended sentence decision and court’s decision on enforced imprisonment execution of the judgment that granted a suspended sentence; decision of cancellation of parole decision of the Court (if any);

c) The decision of the criminal judgment execution agency to send the convict to the detention camp or temporary detention camp;

d) Full record of identity of the convict;

dd) Copy of passport or nationality identification document for foreigners sentenced to prison;

e) Health examination form and other documents related to the health of the person sentenced to prison;

g) Report on assessment of compliance with the internal rules of the temporary detention camp for persons in detention;

h) Other relevant documents (if any).

2. In the case of children accompanying their mother who is sentenced to prison, a birth certificate must be provided. If unavailable, a live birth certificate issued by the medical agency or a statement from witnesses if born outside health facilities must be provided. If these documents are not available, a written report from the criminal judgment execution agency of the provincial police authority or the temporary detention camp transferring the convict to the detention camp for serving their sentence must be provided, along with a written declaration from the mother regarding the birth.

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3. The criminal judgment execution agencies of the Ministry of Public Security, Ministry of National Defense, provincial police authorities, or military zones, and Commune-level Police authorities shall complete the dossier prescribed in Clause 1 of this Article, send the person sentenced to prison and the accompanying documents to hand over to the designated detention camp or temporary detention camp for sentence execution.

Article 23. Rights and obligations of inmates

1. Inmates have the following rights:

a) To have their life, health, property protected; their dignity and honor respected; to be informed of their rights and obligations, and the rules of the detention facility;

b) To donate tissues and organs; to enjoy regimes and policies prescribed by the law on tissue and organ donation;

c) To be provided with adequate food, accommodation, clothing, personal living supplies, and medical care as prescribed; to send and receive letters, cash, and items as provided; to read books, newspapers, listen to the radio, and watch television compatible with the conditions of the place of sentence execution;

d) To participate in physical exercise, sports activities, and cultural, artistic activities; 

dd) To work, study, and receive vocational training;

e) To meet and contact relatives, representatives of agencies, organizations, or individuals; to have the right to consular visits and contact;

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h) To lodge complaints and denunciations; to receive compensation for damages as provided by law;

i) To participate in voluntary social insurance and enjoy social insurance benefits and policies as prescribed by law;

k) To use prayer books, express religious belief and faiths as per the law;

l) Be commended for achievements during their serving time.

2. Inmates have the following obligations:

a) To serve legally effective court’s judgments or decisions, abide by decisions issued by criminal judgment execution management agencies, criminal judgment execution agencies during their serving time and other decisions issued by competent authorities;

b) To comply with the rules of the detention facility and standards for emulation in sentence execution;

c) To comply with the requirements, orders, and instructions of officers of the detention facility;

d) To work, study, and receive vocational training as prescribed;

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3. Inmates have other rights and obligations as prescribed in this Law.

Article 24. Reception of persons sentenced to prison

1. The detention camps and temporary detention camps designated for sentence execution must receive persons sentenced to prison when the dossier is complete as prescribed in Clause 1, Article 22 of this Law

2. Upon receiving persons sentenced to prison, the detention camp and temporary detention camp shall have the following responsibilities:

a) Check if the person sentenced to prison and the one indicated in the sentence execution decision of the Court is the same person;

b) Make a record of receipt of the person sentenced to prison; record of handover of documents and materials;

c) Check the person sentenced to prison; check and deal with such person’s belongings before he/she brings them into the prison cell;

d) Provide health check-ups for persons sentenced to prisons and children under 36 months of age accompanying with their mothers in detention camps (if any); collect biometric data of the inmate including iris, DNA, voice for cases without existing information. The collected data shall be shared with the Identification-managing agency for updating and adjustment in the identification database;

dd) Explain rights and obligations of inmates; inform them of the internal regulations of detention facility.

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a) Only bringing necessary belongings to prison cells as prescribed; handing over unused personal possessions, cash, valuable papers, payment cards, gold, silver, gemstones and precious metals to detention camps or temporary detention camps for management. In case an inmate wishes to send cash and personal possessions to a relative or lawful representative at his/her own expenses, the detention camp or temporary detention camp shall send such cash and possessions to that relative or lawful representative or hand them over in person to such person at the place in which the inmate serves his/her sentence;

b) Being prohibited from using cash and valuable papers in places in which they serve their sentences. Inmates may buy food and other commodities for daily life at places in which they serve their sentences in the form of making book entries;

c) Being prohibited from bringing in places where they serve their sentences articles included in lists of prohibited articles, issued by the Minister of Public Security or the Minister of National Defense.

4. Within 03 working days from the date of receipt of a convict, the detention camp or temporary detention camp must notify it to the court which has issued the sentence execution decision and to relatives of such person and report it to the criminal judgment execution management agency. If the convict is a foreigner, within 03 working days from the date of receipt of the convict, the detention camp or temporary detention camp shall inform the Ministry of Foreign Affairs, which then notifies the diplomatic mission or consular office of the country of which the person is a citizen.

Article 29. Inmate dossiers

1. Dossiers and documents specified in clause 1 and clause 2 Article 26 of this Law.

2. Record of receipt of the person sentenced to prison; record of handover of dossiers and documents; record of transfer of cash and other assets deposited by the person sentenced to prison or to relatives or representatives of such person; decision or record of dealing with articles included in the list of prohibited articles (if any).

3. Documents on the inmate’s compliance with regulations on execution of the prison sentence; medical reports, examination and treatment records; documents on the inmate's performance of rights and obligations; documents on the inmate’s fulfillment of civil obligations; records or decisions on disciplinary measures against violations against internal regulations of the detention facility, laws on execution of imprisonment, relevant documents on handling of complaints and denunciation, requests made by the convict, documents on consular visit and contact (if any).

4. Other relevant documents during their serving time.

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1. A detention camp shall detain inmate as follows:

a) Detention areas for inmates serving sentences of over 15 years' imprisonment or life imprisonment and inmates committing dangerous recidivism;

b) Detention areas for inmates serving sentences of 15 years or less in prison; inmates serving sentences of over 15 years’ imprisonment which have been reduced to under 15 years for good rehabilitation records; inmates who commit dangerous recidivism, have served half their sentences and have their sentences reduced;

c) To ensure the living conditions for inmates under point b of this clause, the superintendent may arrange detention in areas designated under point a but must not place them in the same cell with inmates sentenced to over 15 years, life imprisonment or classified as dangerous repeat offenders;

c) Disciplinary cells for inmates who are disciplined.

2. In detention areas referred to in cause 1 of this Article, the following inmates shall be held separately:

a) Female inmates;

b) Foreign inmates;

d) Inmates with infectious diseases category A;

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dd) Inmates with children under 36 months of age accompanying with their mothers in the detention camp;

e) Inmates who repeatedly violate detention internal regulations.

3. Inmates who are LGBT or transgender, or those with other gender-related reasons may be detained separately.

4. In a temporary detention camp, inmates referred to in points a and g clause 2 of this Article shall be held separately.

5. Inmates shall be divided into teams and groups for working, studying and other activities. Depending on the characteristics of crimes, sentence levels and background of inmates and their execution records, superintendents of detention camps or temporary detention camps shall decide the classification and transfer of inmates between detention areas.

Article 27. Regulations on studying and vocational training applicable to inmates

1. Inmates are entitled to learn law and civil education and learn literacy skills and have the right to literacy skills and vocational training. Illiterate inmates are entitled to learn how to read and write. Foreign inmates are encouraged to learn Vietnamese. Learning and vocational training shall be held one day per week, except for Sunday and holidays as per the law.

2. Based on the management, education, rehabilitation requirements, and sentence duration, detention camps and temporary detention camps shall organizes educational activities for inmates.

3. The programs and content for study and vocational training shall be provided by the Government.

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1. Inmates shall be assigned jobs suitable for their age, health and in conformity with management, education, and community integration requirements. They shall work under supervision and management of detention camps or temporary detention camps. The working time of inmates may not exceed 8 hours per day and 5 days per week. They may have days off on Sundays and holidays as per the law. Foreign inmates also have one additional day off for their traditional New Year and one for their national Independence Day.

In unexpected or seasonal cases, the superintendent may ask inmates to work overtime but the overtime must not exceed the extra hours of work per day as prescribed in labor law. Inmates working overtime or on days off are entitled to receive compensatory time-off or allowances in cash or kind.

Detention camps must adopt necessary measures to ensure occupational safety and hygiene for inmates.

2. Female inmates shall be assigned jobs suitable to their gender; it is prohibited to assign them jobs on the list of jobs prohibited from employment of female laborers in accordance with labor law.

3. Inmates suffering a disease or with physical or mental defects are entitled to exemption from work or reduction of working hours, depending on the degree and nature of such disease and prescriptions of the infirmary of their detention camp or temporary detention camp.

4. An inmate may take days off in any of the following cases:

a) The inmate is sick or is unfit for work and is certified by the infirmary of the detention facility;

b) The inmate is currently receiving treatment at a medical establishment;

c) The child under 36 months of age accompanying with that female inmate is sick and certified by the infirmary of the detention facility;

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dd) The inmate is carrying out regulations on study, vocational training, visit, consular contact, and communication.

Article 29. Work organization for inmates

1. Detention camps shall organize work for inmates both inside and outside the detention camps to educate and rehabilitate them, train labor skills, contributing to their preparation for community reintegration.

2. On the basis of age, health, gender, sentence level, nature and severity of criminal offenses of inmates; land, resources, fields, equipment, means, supplies and sources of funds and facilities; ability to cooperate with organizations and individuals to organize work for inmates, the superintendent of the detention camp or temporary detention camp shall prepare an annual plan for the work organization for inmates and send it to the criminal judgment execution management agency of the Ministry of Public Security or the criminal judgment execution management agency of the Ministry of National Defense for approval.

The plan for organizing labor for prisoners must include phased plans, annual plans, and have the following basic contents:

a) Total number of inmates, specifying number of inmates eligible and ineligible for work as per the law;

b) Total land area used for work organization for inmates and land use structure;

c) Estimated labor quotas and labor norms for inmates;

b) Estimated costs for work; fixed asset depreciation;

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d) Proposed plan for use of labor fruits of inmates.

3. Work outside the detention camp must ensure security and safety during the work process; effectively serve education, rehabilitation, and community reintegration; and create conditions to help inmates find jobs after completing their sentence.

4. Inmates falling into any of the following case shall not be eligible to work, receive vocational guidance, or vocational training outside detention camp:

a) Inmates convicted of crimes against national security, peace destruction, crimes against humanity, and war crimes;

b) Inmates with remaining sentences over 7 years for sentences up to 15 years, and over 10 years for sentences above 15 years;

c) Foreign inmates;

d) Inmates currently suffering from infectious diseases category A;

dd) Inmates under 18 years old;

e) Inmates aged 60 years and older;

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h) Inmates who have escaped from detention or compulsory education facilities;

i) Inmates falling under the cases specified in Clauses 3 and 4 of Article 28 of this Law.

5. The detention camp or temporary detention camp shall conduct the work organization for inmates in accordance with the plan approved by the competent authority prescribed in clause 2 of this Article.

6. The Government shall elaborate this Article.

Article 30. Use of inmates' labor fruits

1. Inmates’ labor fruits, after deducting reasonable costs, shall be used for:

a) Increasing food rations for inmates;

b) Setting up a community integration fund to support inmates after they complete their sentence;

c) Supplementing the detention facility’s welfare and reward funds;

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dd) Pay partial remuneration to inmates who directly engage in labor; provide supports for inmates injured in labor accidents.

If the labor fruits exceed the assigned expenditure, the surplus shall be used to pay inmates who directly engage in excess labor and to supplement the welfare fund of the detention facility.

2. Inmates may use their monetary rewards prescribed in point c clause 1 of this Article and remuneration earned prescribed in point dd clause 1 of this Article, or deposit them at their detention facilities’ safekeeping and receive them back upon completing their sentence.

3. Collection of revenues and expenditures from work and vocational training activities of inmates shall be carried out in accordance with the following regulations:

a) The detention camp or temporary detention camp shall open accounting books, record all financial revenues earned and expenses incurred and make financial statements according to the public administrative accounting regulations.

All revenues earned and expenses incurred associated with work and vocational training activities of inmates shall be reflected in the detention camp or temporary detention camp’s accounting book system;

b) The detention camp or temporary detention camp shall include all expenses specified in clause 1 of this Article in product costs;

c) A report on revenues from and expenditures on work of inmates in the detention camp, temporary detention camp is a consolidated report on figures, status and results of revenues and expenses arising from the organization of work for inmates. Superintendents shall make such consolidated reports and detailed explanation reports on results of revenues from and expenditures on work of inmates and send them to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense;

d) Criminal judgment execution management agencies of the Ministry of Public Security and the Ministry of National Defense shall appraise and approve reports on results of revenues from and expenditures on work of inmates and report them to financial management agencies of the Ministry of Public Security and the Ministry of National Defense for inclusion in annual budget statement reports prepared by the Ministry of Public Security and the Ministry of National Defense in accordance with law.

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Article 31. Inmate's performance grade

1. During the term of imprisonment, inmates shall be assessed and evaluated on their performance during sentence execution on a weekly basis and graded according to monthly and quarterly performance. The assessment, evaluation, and grading of performance during sentence execution must be objective, fair, transparent, democratic, and continuous.

2. Based on their satisfaction of standards for emulation in execution of imprisonment, compliance with internal regulations of detention facility, and their performance in study, rehabilitation efforts, their remedial measures for damages caused by their offense, inmates shall be assessed, evaluated, graded from excellent, good, average to poor.

3. Quarterly, biannual, and annual inmate’s performance grade shall be made in writing and included in the inmate dossier. An inmate making merits shall have his/her performance upgraded.

4. The Government shall elaborate this Article.

Article 32. Procedures for requesting suspension of execution of imprisonment

1. Authority to request suspension of execution of imprisonment:

a) Detention camps and temporary detention camps of the Ministry of Public Security, the Ministry of National Defense;

b) Criminal judgment execution agencies of provincial police authorities and of military zones;

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2. Competent authorities in the places in which inmates are serving their sentences referred to in clause 1 of this Article shall prepare an application for suspension of execution of imprisonment and send them to competent courts for review and decision.

3. Within 7 days from the date of receipt of the application, the Chief Justice of regional People's Court or military court of the military zone in which the inmate is serving his/her prison sentences shall review the application and issue a decision to suspend or reject such application.

The suspension decision must clearly state: The full name, date of birth, place of residence (permanent or temporary), judgment, execution decision, crime, prison sentence, additional penalties; date and place of sentence execution; applicant; the grounds and duration of the suspension; the name of the criminal judgment execution agency responsible for execution; the name of the commune-level People’s Committee, commune-level police authority, and military unit responsible for managing, supervising, and educating the person whose prison sentence is suspended.

In case of rejection, the decision must clearly state the reasons for rejection and be sent to the applicant and the corresponding Procuracy. 4. The suspension of execution of imprisonment for trial according to cassation or reopening procedure shall be decided by the person who has lodged protest.

Article 33. Execution of Decision on suspension of execution of imprisonment

1. Immediately after issuing a decision to suspend the execution of imprisonment, the Court shall send this decision to the following individuals and agencies:

a) The person whose sentence is suspended and his/her representative if such person is under 18 years of age;

b) The applicant, the detention camp, temporary detention camp where the person concerned is serving his/her prison sentence;

c) Criminal judgment execution agency of the provincial police authority or military zone where the person whose sentence is suspended resides;

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dd) The same-level Procuracy;

e) The court that issued the sentence execution decision;

g) Ministry of Foreign Affairs if the person whose sentence is suspended is a foreigner.

2. If the chief prosecutor of a Procuracy issues a decision suspension of execution of imprisonment, this decision shall be sent to individuals and agencies specified at points a, b, c, d, e and g of clause 1 of this Article.

3. The detention camp, temporary detention camp currently managing the person whose sentence is suspended shall deliver such person to the commune-level police authority or military unit assigned to manage, supervise, and educate such person; his/her relatives are obliged to receive such person.

If the person whose sentence is suspended are suffering from a serious disease and has received treatment at medical establishment, the detention camp, temporary detention camp shall deliver him/her to his/her relatives at the medical establishment, prepare a handover record, notify and send such record to the criminal judgment execution agency of the provincial police authority or military zone The criminal judgment execution agency of the police authority of province where such person resides or criminal judgment execution agency of military zone assigned to manage, supervise, and educate such person shall cooperate with his/her relatives in managing, supervising, and educating him/her while he/she is receiving treatment at the medical establishment. When such person is discharged, the criminal judgment execution agency of the provincial police authority or military zone shall inform the commune-level police authority or military unit for management, supervision, and education.

4. Immediately after receiving the person whose sentence is suspended, the commune-level police authority or the military unit assigned to manage, supervise, and educate that person must require them to make a written commitment to strictly comply with the obligations of a person whose sentence is suspended, except in cases of emergency, force majeure, or objective obstacles.

In cases where a person whose sentence is suspended is handed over at a medical establishment, the commune-level police authority or the military unit assigned to manage, supervise, and educate such person shall cooperate with the medical establishment where he/she is being treated and his/her family to request him/her to sign a commitment to fulfill their obligations.

If the person whose sentence is suspended intentionally refuses to sign the commitment, the commune-level police authority or the military unit assigned to manage, supervise, and educate such person shall report to the criminal judgment execution agency of the provincial police authority or military zone to proceed with the cancellation of the sentence suspension decision.

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a) Decision on suspension of execution of imprisonment;

b) A copy of the judgment and execution decision;

c) Application for suspension of execution of imprisonment; application form for suspension and supporting documents regarding the application for suspension of execution of imprisonment;

d) Medical records or conclusions regarding the patient's condition from a medical establishment in cases of suspension due to serious illness;

dd) Other relevant documents.

6. The person whose sentence is suspended is prohibited from leaving their residence during the suspension period without the approval of commune-level police authority or military unit assigned to manage, supervise, and educate such person; must report on their compliance with the law as required by the commune-level police authority or the military unit assigned to manage, supervise, and educate such person; and must voluntarily report to the commune-level police authority or military unit assigned to manage, supervise, and educate such person upon the expiration of the suspension period or when their health recovers so that they can continue serving their sentence.

The commune-level police authority and military unit assigned to manage, supervise, and educate the person whose sentence is suspended shall manage, supervise, and educate the person whose sentence is suspended; review and resolve requests for the person to leave their place of residence or work; summon such person for report on compliance with the law during the suspension period; and monthly report to the criminal judgment execution agency of the provincial police authority or military zone on the management, supervision, and education of such person.

7. Changes to the residence or workplace of a person whose sentence is suspended shall be carried out in accordance with Article 66 of this Law.

8. The resumption of execution of imprisonment by a person whose sentenced is suspended is regulated as follows:

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If the person fails to present himself/herself within 07 days after suspension period expire, head of the commune-level police authority or the head of the criminal judgment execution agency of the military zone shall issue a decision to escort the convict for sentence execution except for force majeure events or objective hindrance.

b) For individuals whose prison sentences are suspended due to serious illness, if there are signs of recovery but they continue to use their health as an excuse to evade serving their sentence, or if the person whose sentence is suspended shows signs of mental illness or other diseases that impair their cognitive abilities or ability to control their behavior, the criminal judgment execution agency of the provincial police authority where the person resides, or the criminal judgment execution agency of the military zone where the military unit is assigned to manage, supervise, and educate that person, is responsible for requesting a determination of their medical condition at a basic-level or higher medical establishment, or for requesting a forensic and forensic psychiatric examination.

If the medical examination determines that the person whose sentence was suspended has recovered their health, the criminal judgment execution agency of the provincial police authority or the military zone shall transport that person to the place of sentence execution and notify the court that issued the suspension decision.

If the examination determines that the person is suffering from a mental illness or other disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of the provincial police authority or the military zone shall request the court that issued the sentence suspension decision to cancel such decision and issue a decision to apply compulsory medical treatment.

If the period of suspension due to serious illness expires, and the medical records from the medical establishment currently treating the person or the medical conclusion from a primary-level medical establishment or higher confirms that the person’s health has not yet recovered, the criminal judgment execution agency of the provincial police authority where such person resides or the military zone where the unit assigned to manage, supervise, and educate such person must notify the court that issued the suspension decision in writing to review and decide whether to continue allowing the suspension.

The documents sent together with the document from the criminal judgment execution agency of the provincial police authority or military zone shall include: The request for the continued suspension of execution of imprisonment submitted by the person whose sentence is suspended or their family representative, confirmed by the commune-level police authority or military unit responsible for managing, supervising, and educating such person; Copies of the medical records or medical conclusion regarding the health condition of the person whose sentence is suspended.

If the person whose sentence is suspended refuses the competent authority’s request for health assessment without a legitimate reason, the commune-level police authority or military unit responsible for managing and supervising such person shall make a record and report to the criminal judgment execution agency of the provincial police authority where such person resides or the military zone where the unit is assigned to manage, supervise, and educate such person to request the court to cancel the suspension decision. Within 03 working days from the date of receiving the request, the Court shall review and decide whether to cancel the suspension decision.

Within 03 working days from the date of issuance of the decision on cancellation of decision on suspension of execution of imprisonment, the Court shall send the decision to the individuals and agencies as specified in clause 1 of Article 33 hereof. Immediately upon receiving the court’s decision, the criminal judgment execution agency of the provincial police authority or military zone shall execute the sentence.

9. During the suspension period, if the person commits a new crime, escapes, or violates the law affecting public security and order, the commune-level police authority or the military unit must report to the criminal judgment execution agency of the provincial police authority or military zone. Such agency shall then request court to review and cancel the suspension decision. Within 03 working days from the date of receipt of the notification, the court that issued the suspension decision must review and issue a decision to cancel such the decision and send it to criminal judgment execution agency of the provincial police authority or military zone and the same-level People's Procuracy.

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10. If the person whose sentence is suspended dies, the commune-level police authority or the military unit assigned to manage, supervise, and educate such person shall report to the criminal judgment execution agency of the provincial police authority or military zone to notify the court that issued the suspension order and the court that issued the execution order of such matter. If the person whose sentence is suspended intentionally dies while undergoing treatment at a medical establishment as prescribed in Clause 3 of this Article, the provincial police authority or military zone to notify the court that issued the suspension order and the court that issued the execution order, and the competent Procuracy of such matter.

Within 03 working days from the date of receipt of the notification, the court that issued the execution decision must issue a decision to terminate sentence execution and send it to agencies specified in points b, c, d, e, and g of Clause 1 of this Article and to the court that issued the suspension decision.

Article 34. Tasks and powers of commune-level People's Committees, commune-level police authorities, and military units in managing, supervising, and educating persons whose sentence are suspended

1. Commune-level People’s Committees shall manage, supervise, and educate the person whose prison sentence is suspended.

2. The Commune-level Police authorities shall directly assist the Commune-level People's Committees in managing, supervising, and educating Persons whose prison sentences are suspended and have the following tasks and powers:

a) Receiving dossiers, organizing management, supervision, and education of persons whose sentence are suspended; supplementing documents during the management, supervision, and education process; handing over dossiers to the criminal judgment execution agency of the provincial police authority;

b) Requesting persons whose sentences are suspended to fully fulfill their obligations; taking educational and preventive measures when there are signs of violations;

c) Resolving request for absence or change of residence of persons whose sentences are suspended according to this Law and residence laws;

d) Cooperating with the Vietnam Fatherland Front and its member organizations, family, and agencies or organizations where persons whose sentences are suspended reside in managing, supervising, and educating such persons;

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e) Reporting to the criminal judgment execution agency of the provincial police authority when a person whose sentence is suspended dies, escapes, is absent without permission, or changes residence without the approval of the commune-level police authority;

g) Submit monthly report to the criminal judgment execution agency of the provincial police authority on the management, supervision, and education of persons whose sentence are suspended.

3. The Head of Commune-level Police authority shall periodic report or report upon requested by the Commune-level People's Committee on the performance of tasks and powers prescribed in Clause 2 of this Article.

4. The military unit assigned to manage, supervise, and educate the person whose sentence is suspended shall have the following tasks and powers:

a) Tasks and powers specified in points b and d clause 2 of this Article;

b) Receiving dossiers, organizing management, supervision, and education of persons whose sentence are suspended; supplementing documents during the management, supervision, and education process; handing over dossiers to the criminal judgment execution agency of the military zone;

c) Cooperating with the commune-level police authority in resolving request for absence or change of residence of persons whose sentences are suspended according to this Law and residence laws;

d) Reporting to the criminal judgment execution agency of the military zone to initiate procedures to request the competent court to cancel the suspension decision if the person commits a new crime, escapes, or violates laws causing negative impacts on security, order, and social safety;

dd) Reporting to the criminal judgment execution agency of the military zone when a person whose sentence is suspended dies, escapes, is absent without permission, or changes residence without the approval of the military unit;

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Article 35. Obligations of persons whose sentence are suspended

1. Present himself/herself upon summoned and commit in writing to strictly abide by the law.

2. Strictly comply with commitments to abide by laws, civic duties, and the rules and regulations of their residence and workplace.

3. Comply with the management, supervision, and education by the Commune-level People's Committee, Commune-level Police authority, and the military unit assigned to manage, supervise, and educate them.

4. Present themselves upon requested by the commune-level People’s Committee, commune-level police authority, or military unit assigned to manage, supervise, and educate them.

5. Report on compliance with the law as requested by the Commune-level Police authority or the military unit assigned to manage, supervise, and educate them.

6. Voluntarily present themselves at the commune-level police authority or the military unit assigned to manage, supervise, and educate them within 3 days from the date the suspension expires, or when their health recovers, in order to continue serving their sentence.

7. Persons whose prison sentences are suspended are subject to exit restriction during the suspension period.

Article 36. Procedures for reduction of the duration of imprisonment

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2. Competent authorities shall prepare an application for reduction of the duration of imprisonment and send them to People's Courts of provinces and military courts of military zones in which the inmates concerned are serving their sentences for review and decision, and to the same-level Procuracies. The application shall include:

a) A copy of the judgment; in case of consideration of reduction from the second time onwards, a copy of the sentence execution decision is required;

b) An application made by the competent authority for the reduction of the duration of imprisonment;

c) Quarterly, biannual, and annual inmate’s performance grade in execution of imprisonment; commendation decision(s) or confirmation (s) of the inmate's merits issued by competent authority(ies);

d) Conclusion given by a primary- or higher-level medical establishment on the illness in case the inmate suffers from a fatal disease or a document showing that the inmate is a decrepit old person;

dd) A copy of the decision to reduce the duration of imprisonment, in case the inmate has been granted a reduction;

e) Proof of compensation for civil obligations paid by the person whose duration of serving prison sentence is requested for reduction.

3. Within 02 days from the date of receipt of the application for reduction of the duration of imprisonment, the Chief Justice of People's Court of province or the Chief Justice of Military Court of the military zone where the inmate is serving his/her sentence shall assign one judge to preside over the meeting to review such application. Within five working days from the date of being assigned, the judge must hold a meeting to review reduction of the duration of imprisonment and issue a decision on the reduction of the duration of imprisonment; the decision must clearly state whether such reduction is accepted or rejected.

The meeting must be attended by the procurator of the same-level Procuracy. In case the application needs to be supplemented, the time limit for holding a meeting shall begin from the date of receipt of the supplemented application.

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5. The reduction of the duration of serving the prison sentence shall be considered 3 times a year. A convict may only be considered for reduction of the duration of imprisonment once a year. After the convict is granted the reduction of duration of imprisonment, if there are special grounds showing that he/she deserves greater leniency since he/she has made merits, is a decrepit old person or has suffered a fatal disease, he/she may be considered for further reduction of duration of imprisonment up to twice a year.

Article 37. Procedures for exemption from execution of imprisonment

1. The People’s Procuracy of province or the Military Procuracy of military zone where the person sentenced to prison resides or works shall make and submit an application to the provincial People's Court or the Military Court of the military zone to consider exempting such person from serving his/her sentence. The application shall include:

a) A copy of the legally effective court judgment/decision;

b) Written request made by the competent Chief Procurator;

c) The convict’s application form for exemption from execution of imprisonment;

d) A written statement certified by a competent authority for convicts who have made merit or great merit; the conclusion given by a primary- or higher-level medical establishment on the illness for convicts suffering from fatal illnesses; for convicts who have good compliance with the law and have severely disadvantaged family circumstances, a confirmation on such matters from the People's Committee of the commune where the convict resides.

2. Within 02 days from the date of receipt of the application for exemption from execution of imprisonment, the Chief Justice of the competent court shall assign one judge to preside over the meeting to review the exemption from execution of imprisonment. Within 07 working days from the date of being assigned, the judge must hold a meeting to review exemption from execution of imprisonment and issue a decision on the exemption from execution of imprisonment; the decision must clearly state whether such exemption is accepted or rejected.

The meeting must be attended by the procurator of the same-level Procuracy. In case the application needs to be supplemented, the time limit for holding a meeting shall begin from the date of receipt of the supplemented application.

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4. Immediately upon receiving the court’s decision on exemption from execution of imprisonment, the detention camp or temporary detention camp shall follow procedures to set free such person and report the result to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial police authority or the military zone.

Article 38. Execution of extraction of inmates

1. The competent procedural authority/person requesting for extraction of inmates shall send a written request to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense, the criminal judgment execution agency of the police authority of province or of military zone where such authority/person is located to request the competent person specified in clause 2 of this Article to issue an extraction order. Upon receiving the extraction request, the competent person must issue an extraction order.

2. Authority to extract the inmate for investigation, prosecution or trial shall be exercised as follows:

a) The head of the criminal judgment execution management agency of the Ministry of Public Security has the authority to issue extraction orders to inmates in detention camps or temporary detention camps of the Ministry of Public Security; the head of the criminal enforcement agency of the provincial police authority has the authority to issue an extraction orders to inmates at temporary detention camps of the provincial police authority.

b) The head of the criminal judgment execution management agency of the Ministry of Defense has the authority to issue extraction orders to inmates in detention camps or temporary detention camps of the Ministry of Defense; the head of the criminal enforcement agency of the military zone has the authority to issue an extraction orders to inmates at temporary detention camps of the military zone.

3. Superintendents of detention camps or temporary detention camps shall issue extraction orders in the following cases:

a) Serving the needs of detention management, education, and rehabilitation;

b) Medical examination, treatment, or organ/tissue donation;

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d) Seeking examinations or participating in exercising other rights and obligations of inmates as prescribed by law.

4. An extraction order must contain:

a) Agency, full name, position and rank of the issuer;

b) Full name, date of birth, registered place of residence of the inmate to be extracted, his/her date of arrest, crime, duration and place of serving the prison sentence;

c) Purpose and time limit for extraction;

d) Agency/person that receives the extracted inmate (if any);

dd) Date of issuance of the order; signature and seal of the issuer.

5. The superintendent of detention camp or temporary detention camp shall check, deliver and make a report on the extraction of the inmate. If the extraction duration equals to the remainder of the sentence duration of the inmate, his/her dossier and other articles, money and assets (if any) shall also be transferred with him/her in order for the receiving authority or person to issue a certificate of completion of sentence upon the expiration of the sentence and record it in the extraction logbook.

The criminal judgment execution agency of the police authority of province, district or of the military zone where the competent procedural authority/person requesting the extraction is located shall receive, escort and manage the extraction inmate and his/her dossier during the time of extraction.

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7. In case the extracted inmate is not taken out of the place in which he/she is serving his/her prison sentence, the detention camp, the temporary detention camp shall provide meal and lodging for and manage such inmate when the agency or person receiving the extracted inmate does not work with him/her.

8. At the expiration of the extraction, the agency receiving the extracted inmate shall send a notification to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense and the criminal judgment execution agency of the provincial police authority or military zone and hand over the extracted inmate to the detention camp, temporary detention camp to continue serving his/her sentence, unless the extraction time limit equals to the remainder of the sentence prescribed in clause 5 hereof. If the relevant agency wishes to extend the extraction, it shall request extension of the extraction; the extraction time limit and extension of this time limit must not be longer than the remainder of the sentence served by the extracted inmate.

9. The extraction time limit shall be included in the duration of serving the prison sentence, unless the inmate escapes during the extraction duration.

If the inmate is not extracted as suspect or defendant, the extraction shall not affect the review for performance grade in imprisonment execution, reduction of the duration of imprisonment or parole, pardon eligibility.

Article 41. Commendation given to inmates, inmate collectives, groups, or teams

1. While serving his/her prison sentence, an inmate who properly observes rules and regulations issued by the detention facility, makes achievements in work or merits shall be commended and rewarded in one or more of the following forms:

a) Certificate of merit;

b) Praise;

c) Reward in cash or in kind;

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2. While serving prison sentence, inmate collectives, groups, or teams who properly observe rules and regulations issued by the detention facility, makes achievements in work or merits shall be commended and rewarded in one or more of the following forms:

a) Certificate of merit;

b) Praise;

c) Reward in cash or in kind;

3. Superintendents of detention camps or temporary detention camps of the Ministry of Public Security or the Ministry of National Defense, heads of criminal judgment execution agencies of provincial police authorities or military zones shall decide commendation given to inmates, inmate collectives, groups, or teams. Commendation shall be expressed in writing and recorded in inmates' dossiers. Commended inmates may have their performance upgraded and may be considered for sentence reduction in accordance with the law.

Article 40. Handling of cases where inmates escape

1. When an inmate escapes, the detention camp or temporary detention camp, the criminal judgment execution agency of the provincial police authority or the military zone shall promptly organize pursuit of such inmate and report to the criminal judgment execution management agency and notify the competent People’s Procuracy. Within 24 hours from the time of detecting that an inmate has escaped, if the pursuit is still in vain, superintendent of detention camp or temporary detention camp of the Ministry of Public Security or the Ministry of National Defense, head of criminal judgment execution agency of provincial police authority or military zone shall issue a wanted notice and organize the pursuit.

Every case of escape must be recorded in a report and subject to preventive, investigative, and legal handling measures pursuant to criminal and criminal procedure laws.

2. When an inmate who escapes turns himself/herself in, the agency receiving him/her shall make a report and handle him/her within its jurisdiction or deliver him/her to the nearest criminal judgment execution agency for handling under law.

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1. While serving his/her prison sentence, an inmate committing any violation against regulations of the detention facility or committing an illegal act shall be disciplined in any of the following forms:

a) Reprimand;

b) Warnings;

c) Detention to a disciplinary cell for up to 10 days.

2. When being detained to a disciplinary cell, the inmate is not allowed to meet his/her relatives and may have his/her foot fastened in the stocks. Female, minor and old and weak inmates shall not have their feet put in stocks.

3. Superintendents of detention camps or temporary detention camps may increase, lessen, or waive disciplinary measures based on aggravating or mitigating factors and apply appropriate measures.

4. Superintendents of detention camps or temporary detention camps shall issue decisions to discipline inmates and include these decisions in their dossier.

5. If the violation committed by an inmate that shows any sign of a crime that falls under the investigatory jurisdiction of the superintendent of the detention camp, the superintendent of the detention camp shall issue a decision to initiate a criminal lawsuit and carry out some investigation activities under law. If such violation does not fall under his/her investigatory jurisdiction, the superintendent shall request a competent investigation authority to initiate prosecution as per the law.

If the violation is committed by an inmate being held in temporary detention camp that shows any sign of a crime, the superintendent of the temporary detention camp shall request a competent investigation authority to initiate prosecution as per the law.

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Article 44. Notification of sentence execution status of inmates; cooperation with inmates' families, agencies, organizations and individuals in educating and rehabilitating inmates

1. Every six months, temporary detention camps or detention camps must notify inmates’ family about the sentence execution status.

2. Detention camps, temporary detention camps shall cooperate with families of inmates, local governments, agencies, organizations and individuals in paying attention to and encouraging inmates to actively learn, work and reform themselves in order to earn the State's clemency; support education and vocational training activities for inmates and prepare necessary conditions for their community re-integration after they have completed their sentences.

Article 43. Community reintegration

1. Detention camps, temporary detention camps shall prepare necessary conditions for community reintegration before inmates complete their sentence, are granted pardon or parole. Preparations for community reintegration:

a) Psychological counseling, assistance in legal procedures;

b) Career orientation, job seeking;

c) An amount of financial support set aside from the community integration fund.

2. Funding for community reintegration includes:

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b) The community integration fund and other funds as per the law;

c) Voluntary contribution by agencies, organizations, and individuals and other lawful revenue sources.

3. Commune-level People's Committees shall provide assistance for persons who have completed prison sentences, are granted pardon, or parole in the following forms:

a) Information, communication, and education on community reintegration;

b) Vocational training, capital loans, and job seeking;

c) Psychological support, assistance in legal procedures;

d) Other measures.

4. Commune-level police authorities shall advise and assist the commune-level People's Committees in organizing community reintegration for persons who have completed prison sentences, are granted pardon or parole prescribed in Clause 3 of this Article.

The State encourages agencies, organizations, units, and individuals to enable persons who have completed prison sentences, are granted pardon or parole to re-integrate the community through the measures specified in clause 3 of this Article.

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Article 44. Release of inmates

1. Two months before an inmate completes his/her prison sentence, the detention camp or temporary detention camp of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial police authority or the military zone shall notify the commune-level police authority, the commune-level People's Committee and the agency or organization of the place in which such person will return to reside and work, or Ministry of Foreign Affairs in case the inmate is a foreigner. Such notification must state their performance in execution of imprisonment, additional penalty(ies) which the inmate still has to serve, and other relevant information necessary for the review, arrangement and building of a normal life for such person.

If it is unable to determine place of residence of the inmate upon completion of his/her full prison sentence, the detention camp or temporary detention camp of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial police authority or the military zone shall request the People's Committee of the commune where the inmate serves his/her sentence or another agency or organization to receive such person.

2. On the final day of the prison sentence, the detention camp, temporary detention camp or the criminal judgment execution agency of the provincial police authority or the military zone shall complete procedures in accordance with law to release the inmate; issue a certificate of completion of imprisonment to the inmate and provide him/her with a sum of money from the community integration fund and travel and meal allowances for return to his/her place of residence or workplace; return to the inmate all papers, articles, cash and other assists which he/she deposited at the place of serving the prison sentence.

3. In cases where the inmate is released in accordance with competent authority’s decision, the detention camp, temporary detention camp, or the criminal judgment execution agency of the provincial police authority or the military zone must immediately carry out procedures specified in Clause 2 of this Article.

4. In cases where the inmate is currently undergoing compulsory medical treatment, if his/her prison sentence ends, detention camp, temporary detention camp, or the criminal judgment execution agency of the provincial police authority or the military zone shall cooperate with the medical establishment designated to provide such treatment in issuing a certificate of completion of prison sentence specified in Clause 2 of this Article.

5. During the extraction for investigation, prosecution or trial activities, if the extraction duration and equals to the remainder of the sentence duration, the competent receiving agency shall make a notification in accordance with clause 1 hereof, issue a certificate of completion of prison sentence to such inmate, and release him/her; and deal with related procedures, obligations, rights and interests of the extracted person in accordance with clause 2 of this Article if that person will not be detained for any other offense under decision issued by the competent procedural agency/person.

6. Upon completion of prison sentence, the foreign inmate shall be granted a certificate of completion of prison sentence and may sojourn at an accommodation establishment designated by the criminal judgment execution management agency pending completion of exit procedures.

7. The agency which has issued a certificate of completion of prison sentence shall send it to the Court which has issued the sentence execution decision, the agency imposing additional penalty(ies) and the notified agency specified in clause 1 of this Article, and send a written notification to the agency responsible for executing the civil part of the criminal judgment or decision.

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Section 2. REGULATIONS ON MEAL, CLOTHING, LODGING, LIVING CONDITIONS AND HEALTH CARE FOR INMATES

Article 45. Regulations on meal, clothing for inmates

1. Inmates shall be provided with prescribed rations of food, ingredients, and fuel needed for living conditions to maintain health. Regarding inmates doing heavy and hazardous jobs as prescribed by law, their food rations shall be increased but they do not exceed two times the standard rations for normal days. On holidays prescribed by law, inmates will have additional food but it does not exceed five times the standard rations for normal days.

According to requirements for protection of the health of inmates during detention, work, and learning at the places of serving their sentences, the Government shall prescribe specific food rations suitable to economic and budget conditions and market price fluctuations. Superintendents of detention camps or temporary detention camps may decide to swap food rations to meet practical needs in order to ensure that inmates eat up their food rations.

2. In addition to food rations prescribed in clause 1 of this Article, inmates may use their money to afford extra food at canteens organized by the detention facility but not exceeding five times the monthly food rations per inmate.

3. Inmates shall be provided with hygienic food and drink. Superintendents of detention camps or temporary detention camps shall organize kitchens that ensure food safety and hygiene and provide appropriate food rations.

Kitchens shall be equipped with necessary utensils for cooking, boiling water, and dividing food to inmates according to standard rations.

4. Inmates shall live in collective prison cells, excluding those who must be separately held according to points c, d, dd, and e of clause 2 and clause 3 of Article 26 of this Law. The minimum sleeping area per inmate is 2 m². Regarding an inmate having a small child to raise, she must have a sleeping area of at least 3 m².

5. The Government shall elaborate this Article.

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1. Inmates shall be provided with uniform clothing, face towels, blankets, mats, mosquito nets, slippers, hats and soap, toothpaste and toothbrushes; female inmates shall be additionally provided with necessary articles for women hygiene. Working inmates shall be provided with labor protection outfits and, depending on specific working conditions, additional labor protection tools as necessary.

2. The Government shall elaborate this Article.

Article 47. Regulations on physical exercise, sports and cultural and art activities and use of prayer books, expression of belief, religions by inmates

1. Inmates may participate in physical exercise, sports, cultural and art activities, read books, listen to radio and watch television in a manner suitable to the conditions of the places where they serve the sentences.

Each sub-camp may have a library, playing and sports grounds and an internal broadcasting system, and each collective cell shall be equipped with one television.

2. The duration of physical exercise, sports, cultural and art activities, reading books, listening to radio and watching television shall conform to internal rules of detention camps.

3. Inmates practicing religions may use prayer books legally published in the printing form and express their belief and religions as per the law on belief and religions.

4. The Government shall elaborate this Article.

Article 48. Regulations applicable to female inmates who are pregnant or raising children under 36 months of age

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2. Pregnant female inmates are entitled to maternity leave before and after delivery under the labor law. During maternity leave, they shall be provided with food rations as prescribed by medical assistants or doctors, as well as food and necessary items for raising and caring their babies. Female inmates raising children under 36 months of age shall be given appropriate time to take care of and raise their children.

3. Children under 36 months of age and children from 36 months of age and older who reside with their mothers in prison, while waiting for admission to social protection establishments, shall be entitled to meal, clothing, lodging, daily necessities and healthcare in accordance with regulations on exercise of children’s rights of the Law on Children.

4. Temporary detention camps or detention camps shall follow procedures to request birth registration for inmates' children. The People’s Committee of commune where the inmate serves his/her sentence shall carry out birth registration and issue the birth certificate.

5. When the child reaches 36 months of age, the female inmate shall send him/her to his/her relatives for rearing. If no relative receives such child, the detention camp or temporary detention camp of the Ministry of Public Security, the Ministry of National Defense or the criminal judgment execution agency of the provincial police authority or the military zone shall request the local Department of Health to designate a social protection establishment for receiving and taking care of such child. Within 5 days from the date of receipt of such request, the Department of Health shall designate a social protection establishment to receive and rear the child. After completing the prison sentence, the inmate may receive back her child from the social protection establishment.

6. The detention camp shall organize a nursery outside the detention area to care for and rear inmates’ children who are under 36 months of age or inmates’ children who are 36 months of age or older pending admission to the social protection establishment.

7. The Government shall elaborate this Article.

Article 49. Regulations on visits of relatives and receipt of presents applicable to inmates

1. Inmates may meet their relatives once a month for no more than one hour. According to the inmate's performance and requirements for education and rehabilitation, working and study achievements of inmates, the superintendent of the detention camp or temporary detention camp shall consider granting extension of the visit duration up to 3 hours or granting a conjugal visit up to 24 hours in a private room. Inmates who are commended or make merits may meet their relatives one more time in a month.

Inmates violating internal rules of the detention facility may only meet relatives once every 2 months for no more than one hour.

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2. In cases where representatives of agencies, organizations, or other individuals request to meet inmate, the superintendent of the detention camp or temporary detention camp shall review and make a decision on whether to accept or reject.

3. When a representative of an agency or organization or another individual not specified in clause 1 and clause 2 of this Article may meet the inmate in person. In urgent situations, force majeure, objective obstacles, or when in-person meetings cannot be arranged, meetings may be conducted online.

The superintendent of the detention camp or temporary detention camp shall determine the form of visit with relatives, representatives of agencies, organizations, or other individuals.

4. When meeting their relatives and representatives of agencies or organizations or other individuals, inmates may receive letters, cash and articles, except those included in the list of prohibited articles. Regarding cash, inmates shall deposit it with the detention camp or temporary detention camp for management.

Inmates may receive gifts, including money and articles, by post or bank transfers not exceeding twice per month.

The superintendent of the detention camp or temporary detention camp shall receive, inspect the gift quota for articles, discard prohibited articles, and fully deliver gifts to the inmates; inspect, prevent, and stop acts of misappropriation of gifts and inmates’ personal belongings.

5. In order to meet inmates, relatives of inmates shall bring with them visit or other forms of verification. The detention camp or temporary detention camp must inform relatives of inmates of regulations on visits to inmates. Relatives of inmates must comply with these regulations.

Relatives of foreign inmates must submit an application for visit to the criminal judgment execution management agency. Such application must be written in or translated to Vietnamese and certified by the diplomatic mission or consular office of the country of which the applicant is a citizen or the Vietnam-based representative office of the international organization in which the applicant works. If the relative of a foreign inmate is Vietnamese, such application must be certified by the People's Committee of the commune in which the relative resides. Within 10 days from the date of receipt of the application, the criminal judgment execution management agency shall reply to the applicant; in special cases, this time limit may be prolonged to 20 days at most.

Relatives may register for visits at the detention camps/temporary detention camps or arrange online visits.

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7. The Minister of Public Security, the Minister of National Defense shall elaborate this Article.

Article 50. Procedures for consular visit and contact

1. A foreign diplomatic mission or consular office seeking consular visit and contact with an inmate who holds their nationality and has served a prison sentence in Vietnam shall send an application to Ministry of Foreign Affairs. The application must include:

a) Name of the diplomatic mission or consular office;

b) Full name, nationality of the inmate;

c) Detention camp where the inmate is serving his/her sentence;

d) Full names and positions of persons who conduct consular visit and contact;

dd) Full name of the interpreter.

2. Within 3 working days from the date of receipt of the application, the Ministry of Foreign Affairs shall notify the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense. Within 5 working days from the date of receipt of the notification, the competent criminal judgment execution management agency must respond in writing to the Ministry of Foreign Affairs to inform the diplomatic mission or consular office to contact the competent criminal judgment execution agency to be issued a letter of introduction for the consular visit and contact.

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In urgent or force majeure circumstances, or if in-person meetings cannot be arranged, consular visits and contacts may be held by online means.

4. The Government shall elaborate this Article.

Article 51. Regulations on inmates’ communication

1. Inmates may send 2 letters every month. Superintendents of detention camps or temporary detention camps shall examine and censor letters sent and received by inmates.

2. Inmates may make telephone calls or electronic audio/video communication with domestic relatives once a month for no more than 10 minutes each, except for urgent cases. Superintendents of detention camps or temporary detention camps shall consider granting inmates permission for communication and supervise such communication.

3. Communication costs under Clauses 1 and 2 of this Article shall be paid by inmates.

4. The Minister of Public Security, the Minister of National Defense shall elaborate this Article.

Article 52. Regulations on medical care for inmates

1. Inmates are entitled to medical care, disease prevention and control. Detention camps or temporary detention camps shall cooperate with basic- or higher-level medical establishments of places in which detention camps or temporary detention camps are located or medical establishments within the People’s Police or People’s Army in providing medical check-ups for inmates.

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Detention camps and criminal judgment execution agencies of provincial police authorities or military zones shall cooperate with state-owned medical establishments, medical establishments within the People’s Police or People’s Army in building or arranging a number of separate rooms in these facilities to treat sick inmates. Inmates during their treatment at medical establishments shall be managed and supervised by detention camps, temporary detention camps.

3. Regarding an inmate showing symptoms of a mental disease or another disease which deprives him/her of perception or act control capacity, the detention camp, temporary detention camp of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial police authority or the military zone shall request the People’s Court of region or the military court of the military zone in which the inmate serves his/her sentence to seek forensic and forensic psychiatric examinations. If the examination concludes such inmate suffers a mental disease or another disease which deprives him/her of perception or act control capacity, the Chief Justice of the People’s Court of region or the military court of the military zone in which the inmate serves his/her sentence shall issue a decision to suspend the execution of imprisonment and apply compulsory medical treatment against him/her.

Management and organization of compulsory medical treatment shall follow Chapter IX of this Law.

4. A drug-addicted inmate shall be subject to narcotic substance rehabilitation by his/her detention camp in cooperation with relevant agencies.

5. Funds for medical examination and treatment, narcotic substance rehabilitation and building and arrangement of separate medical treatment rooms for inmates in medical establishments shall be covered by the State. Inmates with health insurance cards shall continue to enjoy health insurance benefits as prescribed; if expenses exceed coverage limits, the State covers the remainder.

6. Inmates shall receive medications for disease prevention and treatment prescribed by doctors or medical staff at the detention facility or the medical establishment where they are examined or treated when permitted by the superintendent.

7. The Government shall elaborate this Article.

Article 53. Handling of inmates that wish to donate their tissues or organs

1. Inmates may donate tissue or organs if they meet all the following conditions:

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b) Donate tissue or organs to their relatives;

c) Meet health requirements ensuring capability to continue serving the sentence after donation;

d) Bear all costs of donation and subsequent healthcare;

dd) Be convicted of minor or serious crimes in their first offense and have less than 3 years remaining on their sentence.

2. The Government shall elaborate procedures for handling inmates that wish to donate their tissues or organs

Article 56. Procedures for handling cases of deceased inmates or deceased children accompanying female inmates

1. When an inmate or child accompanying the female inmate dies in the detention camp, temporary detention camp or a state-owned medical establishment, such agency or establishment shall promptly notify the case to the investigation authority and People's Procuracy of the region or the military investigation authority and Procuracy of the military zone in which the inmate or child accompanying the female inmate dies for identification of the cause of his/her death. The detention camp, temporary detention camp shall apply for death registration to the People’s Committee of the commune where the camp is located and notify the relatives or lawful representative of the deceased before conducting the burial. If an inmate or a child accompanying the female inmate dies in a medical establishment, such health establishment shall make a death notice and send it to the detention camp, temporary detention camp.

When a foreign inmate or a child accompanying the foreign female inmate dies, the superintendent of the detention camp or temporary detention camp shall promptly notify such to the investigation authority and People's Procuracy of the province or the military investigation authority and Procuracy of the military zone in which the inmate or the child dies for identification of the cause of his/her death, and concurrently to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense, or Ministry of Foreign Affairs for notification to the diplomatic mission or consular office of the country of which the deceased is a citizen. After obtaining permission from a competent authority, the detention camp shall conduct a burial for the foreign inmate.

If nationality cannot be identified, the deceased is treated as a Vietnamese national under these provisions.

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The People's Committee of the commune where the inmate died shall cooperate with the detention camp or temporary detention camp in conducting the burial and managing the grave of the deceased. Burial expenses shall be covered by the State.

When a foreign inmate or a child accompanying the foreign female inmate dies, within 48 hours after sending the notification of such death, if the diplomatic mission or consular office of the country in which such inmate is a citizen refuses to receive the corpse, the detention camp shall conduct the burial.

3. In case the relative or representative of the deceased makes a petition for receipt of the corpse or mortal remains of the deceased and bear all related costs, the detention camp or temporary detention camp may consider accepting such petition, unless there is a ground to believe that it would affect security, order and environmental sanitation. The receipt of the mortal remains shall be organized after three years from the date of burial. The receipt of corpse or mortal remains of the deceased foreign inmate or child accompanying the foreign female inmate shall be considered and decided by the criminal judgment execution management agency.

4. The Government shall elaborate this Article.

Section 3. PAROLE

Article 55. Time for consideration of parole

Parole shall be considered 3 times a year: at the end of the first quarter, the second quarter and the third quarter.

Article 56. Application for parole

1. Detention camps, temporary detention camps of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agencies of provincial police authorities or of military zones shall prepare applications for parole and send them to the People’s Procuracies or People’s Courts of provinces or military People’s Procuracies or military People’s Courts of military zones where the inmates are serving their prison sentences.

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a) An application form for parole, made by the inmate and enclosed with commitment not to violate the law and obligations to be fulfilled after the parole is granted;

b) A copy of the legally effective court judgment/decision; sentence execution decision;

c) Documents showing that the inmate has made considerable progress and great rehabilitation. Such documents are decisions or copies thereof on inmate's performance grade;

d) A copy of decision on reduction of the duration of imprisonment granted to the convict of serious crime or very serious crime or extremely serious crime;

dd) Documents showing that the inmate has completed the additional penalty that is a fine or compensation for damage or payment of court fee;

e) Documents showing the inmate’s actual duration of serving the prison sentence;

g) Relevant proof showing that the inmate is a person who has meritorious services to the revolution or a relative thereof, is at least 70 years of age, has severe disabilities or extremely severe disabilities, or is raising a child under 36 months of age;

h) A written request for parole made by the detention camp, temporary detention camp of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agency of the provincial police authority or of the military zone.

3. A person whose prison sentence is suspended may reserve his/her performance grade and resume the performance period after he/she continues to serve his/her sentence. If the commune-level police authority or the military unit assigned to manage, supervise, and educate this person certifies that he/she has strictly complied with laws and regulations and meets all the prescribed conditions, he/she may be considered to be granted parole.

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4. If the inmate is extracted for investigation, prosecution, and trial purposes but are not prosecuted for another offense, the detention camp or temporary detention camp, which receives the extracted inmate shall request the detention camp or temporary detention camp that is managing such inmate’s dossier to consider making an application for parole for him/her if he/she is eligible.

Article 57. Execution of decision on parole

1. After receiving a decision on parole, the detention camp or temporary detention camp shall post a list of inmates granted parole at the detention facility. Immediately after the decision on parole takes effect, the detention camp or temporary detention camp shall issue certificates of parole to eligible inmates and release them. The probation period shall begin from the date on which the decision on parole takes effect.

The detention camp or temporary detention camp shall hand inmate dossiers over to the criminal judgment execution agency of the police authority of the province where the parolee comes to reside or the criminal judgment execution agency of military zone.

2. The criminal judgment execution agency of the police authority of the province where the parolee comes to reside or the criminal judgment execution agency of the military zone shall receive and manage inmate dossiers; prepare dossiers on management of parolees and send the parolees to the commune-level People’s Committee or the military unit for management, supervision, and education.

Within 05 days from the parole date, the parolee must present himself/herself at the commune-level People’s Committee or the military unit assigned to manage, supervise and educate him/her to commit to fulfill his/her obligations, except for emergency cases, force majeure events or objective hindrance. After 5 days stated above, if the parolee fails to present himself/herself, the commune-level People’s Committee or the military unit shall summon him/her to their office to make the commitment. If he/she fails to present himself/herself as summoned or make such commitment, the commune-level police authority or military unit shall make a report on his/her violation against probation conditions.

The commune-level police authority or military unit shall send reports on parolees’ presence and commitments to the criminal judgment execution agency of the police authority or military zone.

3. If the parolee under management of the military has no longer served in the military, the criminal judgment execution agency of military zone shall hand such parolee enclosed with his/her inmate dossier over to the criminal judgment execution agency of the police authority of province where he/she comes to reside for the continuation of sentence execution and for handing over to the commune-level police authority for management, supervision, and education.

4. Procedures for issuing certificates of completion of prison sentences to parolees:

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On the last day of the probation period or the date the decision to shorten the probation period takes effect, the criminal judgment execution agency of the provincial police authority or the military zone shall issue a certificate of completion of the prison sentence to the parolee and send it to the competent Procuracy, the Court that issued the parole decision, the Court that issued the execution decision, detention camp/temporary detention camp, criminal judgment execution agency of the military zone where such person served their sentence, and the police authority of the commune where he/she resides;

The criminal judgment execution agency of the provincial police authority or the military zone shall not issue a certificate of completion of the prison sentence if the parolee violates the law during the probation period, is prosecuted as a defendant, or is subject to a request to cancel the parole.

Immediately after receiving the decision from the competent authority determining that the parolee does not violate criminal laws, or the Court rejects the request to cancel the parole decision, a certificate of completion of the prison sentence shall be issued to the parolee.

5. If the parolee dies, the commune-level police authority or military unit assigned to manage, supervise, and educate that person shall report to the criminal judgment execution agency of the provincial police authority or the military zone to notify the Court which issued the sentence execution decision and the Court which issued the parole decision.

Within 03 working days from the date of receipt of notification, the Court which issued the sentence execution decision shall issue a decision to terminate sentence execution and send it to the same-level Procuracy, criminal judgment execution agency of the provincial police authority or of the military zone, commune-level police authority or military unit assigned to manage, supervise, and educate such person.

Article 58. Dossiers on management of parolees

1. A dossier on management of a parolee prepared by the criminal judgment execution agency of provincial police authority or the military zone shall include:

a) A copy of the legally effective judgment/decision of the Court; judgment execution decision;

b) Decision on parole;

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d) A remark of the parolee’s performance during execution period;

dd) The parolee’s commitment;

e) A personal information sheet of the parolee;

g) Other relevant documents.

2. The commune-level People’s Committee or the military unit assigned to manage, supervise, and educate the parolee shall receive and include additional documents below in the management dossier:

a) A remark of the parolee’s performance given by the commune-level People’s Committee or the military unit assigned to manage, supervise, and educate the parolee;

b) A report prepared by the parolee on his/her fulfillment of obligations;

c) A criticism report, criticism meeting minutes and relevant documents in case the parolee is formally criticized as prescribed in Article 64 of this Law;

d) A decision on reduction of probation period from the Court if the parolee’s sentenced is shortened;

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Article 59. Task and powers of the commune-level People’s Committee, commune-level police authority or military unit assigned to manage, supervise, and educate parolees

1. The commune-level People’s Committee shall manage, supervise, and educate parolees.

2. The commune-level police authority shall directly assist the commune-level People's Committee in managing, supervising, and educating parolees, and have the following tasks and powers:

a) Receive dossier on, and organize management, supervision, and education of the parolee; hand over the dossier to the competent criminal judgment execution agency as per this Law;

b) Request the parolee to fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation against law;

c) Commend the parolee for his/her considerable progress or great merits;

d) To allow the parolee to be absent from his/her place of residence or to change his/her place of residence in accordance with this Law and the law on residence, and to leave his/her place of residence to work or study;

dd) Cooperate with Vietnam Fatherland Front and its member organizations, parolee’s family and the agencies or organizations where the parolee works or studies in managing, supervising and educating him/her;

e) Prepare dossier and report to the criminal judgment execution agency of provincial police authority to request the same-level Court to consider shortening the parolee’s probation period;

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h) Report on the parolee’s escape to the criminal judgment execution agency of provincial police authority;

i) Give a written remark of the parolee’s fulfillment of his/her obligations during the probation period;

k) Submit reports on the management, supervision and education of the parolee during the probation period to the competent criminal judgment execution agency.

3. Heads of commune-level police authorities shall submit periodic reports upon request by commune-level People's Committees on the performance of their tasks and powers as prescribed in clause 2 of this Article.

4. A military unit assigned to manage, supervise, and educate parolees shall have the following tasks and powers:

a) Perform duties and powers prescribed in points a, b, c, i and k of clause 2 of this Article;

b) Cooperate with the commune-level police authority in giving approval for the parolee's absence from his/her place of residence or change of place of residence as prescribed in this Law and laws on residence;

c) Cooperate with the parolee’s family in managing, supervising and educating him/her;

d) Prepare dossier and report to the criminal judgment execution agency of the military zone to request the same-level Court to consider shortening the parolee’s probation period;

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e) Report on the parolee’s escape to the criminal judgment execution agency of the military zone.

Article 60. Obligations of parolees

1. Strictly fulfill their commitments on compliance with law, civil obligations, internal regulations of their places of residence, work and study.

2. Be present and make commitments as prescribed in clause 2 Article 57 of this Law.

3. Comply with the management, supervision, and education of the commune-level People's Committees, the commune-level police authorities, and the military units assigned to manage, supervise, and educate them, and may only reside within the communes' territory under the execution decision by the competent Court, except in cases specified in Articles 65 and 67 hereof.

4. Comply with Article 65 and Article 67 of this Law.

5. Be present upon request by commune-level People’s Committees or military units assigned to manage, supervise, and educate them.

6. Be present and submit written reports monthly to commune-level police authorities or military units assigned to manage, supervise, and educate them on their fulfillment of obligations. In cases of absence as specified in Clause 1 of Article 65 and Article 67 hereof, upon the expiration of the absence period, the parolees must report on their fulfillment of their obligations.

Article 61. Parolees’ work and study

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2. If a parolee is admitted to study in a compulsory education institution or vocational education institution, he/she are entitled to benefits as per the law.

3. A parolee other than that prescribed in clause 1 or clause 2 of this Article shall be assisted by the commune-level People's Committee in job seeking.

Article 62. Shortening probation period imposed on parolees

1. A parolee may request reduction of the probation period when he/she:

a) has served a half of the probation period; and

b) has made great progress during his/her probation period; and

c) has submitted an application for shortening the probationary period.

2. A parolee may have his/her probation period shortened once a year for 3 months to 2 years. If the remainder of the probation period is under 3 months, the Court may decide to eliminate it.

A parolee may have his/her probation period shortened multiple times if he/she in fact has served at least three-fourths of the probation period, except for the case prescribed in clause 3 of this Article.

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Article 63. Procedures for shortening probation period imposed on parolees

1. The reduction of the probationary period for parolees shall be carried out three times a year, around New Year's Day, Victory Day, and National Day.

2. The commune-level police authority or the military unit assigned to manage, supervise and educate parolees shall review and compile a list of eligible parolees in accordance with the Criminal Code, prepare dossier and submit a written request for shortening probation periods of eligible parolees to the criminal judgment execution agency of the provincial police authority or the military zone.

3. Within 7 days from the date of receipt of the dossier and written request from the commune-level police authority or the military unit assigned to manage, supervise and educate parolees, the criminal judgment execution agency of the provincial police authority or the military zone shall review submit its request for shortening probation periods of eligible parolees to the People's Court of the province or the Military Court of the Military zone where such persons resides for review and decision, and to the same-level Procuracy.

If the conditions for shortening the probation period are deemed insufficient, the criminal judgment execution agency of the provincial police authority or the military zone shall send a written notification to the commune-level police authority or military unit assigned to manage, supervise, and educate parolees.

4. The application for reduction of the probation period includes:

a) A written request for reduction of the probation period from the criminal judgment execution agency of the provincial police authority or the military zone, accompanied by documents showing that the parolee has made significant progress during the probation period;

b) A application form for shortening the probationary period of the parolee;

c) A copy of the Decision on parole;

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e) If the parolee has made merit and received a reward, the application must include the commendation decision or confirmation from the competent authority regarding the merit made by that person; If a parolee is suffering from a fatal disease, a conclusion or confirmation from the medical establishment where they are being treated, or from a primary- or higher-level medical establishment, regarding their medical condition is required;

e) A copy of the decision to shorten the probation period in cases where a parolee whose probation period has been shortened before;

g) Other relevant documents.

5. Within 2 working days from the date of receiving the application and written request from the criminal judgment execution agency of the provincial police authority or the military zone, the Chief Justice of the People's Court of the province, or the Chief Justice of the Military Court of the military zone where the parolee resides or works, one judge shall be assigned to preside over the meeting to consider shortening the probation period. Within 5 working days of being assigned, the judge must hold a meeting to consider shortening the probation period and issue a decision on shortening the probation period; the decision must clearly state accept or refuse the request for shortening the probation period.

The meeting must be attended by a prosecutor from the same-level Procuracy. If the application needs to be supplemented as requested by the Court, the time limit for holding the meeting shall begin from the date of receipt of the supplemented application.

6. Within 03 working days from the date on which the decision to shorten probation period is issued, the Court must send that decision to the convict, the same-level Procuracy, the immediate superior Procuracy, the agency which requests for reduction of probation period, the Court that issued the decision on parole, the commune-level police authority, and the military unit assigned to manage, supervise, and educate such person.

Article 66. Formal criticism against parolees

1. During the probation period, if a parolee violates probation conditions prescribed in Article 60 hereof for the first time or is subject to administrative penalty for the first time, the commune-level police authority assigned to manage, supervise and educate such parole shall cooperate with commune-level People's Committee, agencies, organizations, and the Vietnam Fatherland Front at the grassroots level in holding a meeting at the community where the parolee resides for a formal criticism against him/her; if the parolee is working at a military unit, the formal criticism shall be held at that military unit.

If the parole fails to present himself/herself for the criticism session within the summoned timeframe without a valid reason, a record of violation against probation conditions shall be made.

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Article 65. Settlement of cases of parolee’s absence from place of residence

1. A parolee may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in clause 2 hereof and shall make a declaration of temporary absence as prescribed in laws on residence. The duration of absence from place of residence shall be included in the probation period but it shall not exceed 30 days each and total absence duration may not exceed one third of the probation period, except as provided in Article 66 of this Law, or in cases where the parolee requires treatment at a medical establishment as prescribed by the doctor and has been certified by that medical establishment.

2. When seeking permission for absence from place of residence, a parole must submit an application for permission to the commune-level police authority or the military unit assigned to manage, supervise, and educate him/her. In cases of absence from residence due to emergency, force majeure, or objective obstacles, the parole must submit an application for permission as soon as the reason for absence no longer exists.

Immediately upon receiving the application, the commune-level police authority or the military unit assigned to manage, supervise, and educate such person must issue a written decision on the parole's absence from their place of residence. In case of refusal. the commune-level police authority or the military unit must clearly state the reasons.

The parole must report to the police authority of the commune where he/she temporarily resides or stays upon arrival at their new place of residence; upon the expiration of his/her temporary residence or stay, he/she must obtain confirmation from the police authority of the commune where they temporarily resides or stays. If the parolee commits a violation against law, the police authority of commune where he/she temporarily resides or stays shall notify the commune-level police authority or the military unit assigned to manage, supervise, and educate such person.

3. The parolee may not leave Vietnam’s territory during his/her probation period.

Article 66. Settlement of cases of parolee’s change of place of residence or work

1. If a parolee, for justifiable grounds, has to change his/her place of residence or work, he/she must submit an application to the commune-level police authority or military unit for resolution within their jurisdiction.

Within 07 days from the date of receipt of the application for change of place of residence or work from the parolee, the criminal judgment execution agency of the provincial police authority or the military zone shall cooperate with relevant agencies in inspecting, verifying, and making decision on allowing such change. In case of refusal, they must clearly state the reasons.

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a) The requirements prescribed in laws on residence are met;

b) The parolee obtains a permission from the commune-level police authority if he/she changes his/her place of residence within a province or from the criminal judgment execution agency of the provincial police authority if he/she changes his/her place of residence outside a province.

3. The change of the parolee’s place of work within the scope of a military zone shall be decided by the criminal judgment execution agency of the military zone.

The change of the parolee’s place of work beyond the scope of a military zone shall be decided by the criminal judgment execution agency of the Ministry of National Defense.

If the parolee does not continue to work for the military, the criminal judgment execution agency of military zone shall transfer his/her dossier to the criminal judgment execution agency of the police authority of province where the parolee comes to reside for further management, supervision, and education as prescribed in clause 3 of Article 59 hereof.

4. The Minister of Public Security, the Minister of National Defense shall elaborate this Article.

Article 67. Settlement of cases of parolees wishing to work or study outside their place of residence

1. If a parolee wishes to work or study outside their place of residence, he/she must request and obtain written consent from the commune-level police authority or the military unit assigned to manage, supervise, and educate him/her; in case of refusal, the reasons must be clearly stated.

2. The parolee shall report to the commune-level police authority or the military unit assigned to manage, supervise, and educate him/her about his/her work plan, employment contract, and study program, with confirmation from the agency, organization, or individual where he/she comes to work or study.

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4. The commune-level police authority or military unit assigned to manage, supervise, and educate the parolee must notify the criminal judgment execution agency of the provincial police authority or the military zone about the decision to allow the parolee to leave their place of residence to work or study.

5. During his/her time working or studying outside their place of residence, the parolee must strictly comply with their obligations. If the parolee commits a violation against law at his/her place of work or study, the police authority of commune where he/she comes to work or study shall notify the commune-level police authority or the military unit assigned to manage, supervise, and educate such person for cooperation in settling such matter.

Article 68. Handling of cases of parolees violating probation conditions or committing violation against the law

1. If a parolee deliberately violates the obligations prescribed in Article 60 hereof, the commune-level police authority or the military unit shall make a violation record; if he/she deliberately violates the probation conditions for the second time, the commune-level police authority shall make another violation record and report to the criminal judgment execution agency of the provincial police authority or the military zone.

2. If a parolee is subject to a administrative penalty from the second time or more, the commune-level police authority or the military unit responsible for managing, supervising, and educating him/her shall report to the criminal judgment execution agency of the provincial police authority or the military zone.

3. Within 3 working days from the date of receipt of the report accompanied by the record of violation against probation conditions or the decision on administrative penalties and other relevant documents from the commune-level police authority or the military unit assigned to manage, supervise, and educate the parole, the criminal judgment execution agency of the provincial police authority or the military zone shall carry out procedures to terminate the decision on parole.

4. If the parole is subject to administrative measures such as being sent to compulsory education facilities, reform schools, or compulsory drug rehabilitation centers, the commune-level police authority will cooperate with those agencies to manage, supervise, and educate them.

5. If the parolee is subject to a charge against suspect but has not yet been detained, the criminal judgment execution agency of the provincial police authority or the military zone, commune-level police authority, and military unit shall cooperate with the competent procedural agency that is handling the case in managing, supervising, and educating such parolee.

Article 69. Settlement of cases where inmates are recommended for parole but violate internal regulations of places of detention or commit violations against law

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2. If an inmate whose decision on parole has been issued by the Court but has not become legally effective violates regulations of the detention facility and is disciplined or commits a violation against law, the application and procedures for termination of the decision on parole shall conform with clause 4 Article 70 of this Law and Article 368 of the Criminal Procedure Code.

Article 70. Termination of parole decisions

1. If a parolee commits a violation prescribed in clause 4 Article 66 of the Criminal Code, the criminal judgment execution agency of the provincial police authority or military zone shall send an application to the Court, which issued the decision on parole to consider terminating such decision, and send this application to the competent Procuracy of the same level. The application shall include:

a) An application form for termination of the decision on parole, made by the criminal judgment execution agency of the provincial police authority or military zone;

b) Records of violation against probation conditions, decisions on administrative penalties, or decisions on charges against suspects;

c) A report on the parole’s fulfillment of obligations during his/her probation period made by the criminal judgment execution agency of the provincial police authority or military zone;

d) A copy of the judgment or decision of the Court; a copy of the decision on parole;

dd) Other relevant documents.

2. Within 5 working days from the date of receiving the application, the Court must hold a meeting to review and terminate the parole decision and force the person to serve the remaining part of his/her prison sentence. In case of refusal, the reasons must be clearly stated.

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3. Within 3 working days from the date on which the decision on termination of the decision on parole takes legal effect, the criminal judgment execution agency of the provincial police authority or military zone shall notify the parolee in writing. Within 07 days from the date of receipt of such a notification, the parolee must present himself/herself at the criminal judgment execution agency of the provincial police authority or military zone to serve the remainder of his/her prison sentence. If he/she fails to be present within the time limit, the commune-level police authority or judicial guard shall escort him/her to serve his/her sentence. If the parolee escapes, the criminal judgment execution agency of the provincial police authority or military zone shall issue a wanted notice.

4. If a parolee violates internal regulations of the detention facility or commits a violation prescribed in clause 2 Article 69 of this Law, the agency that recommended the parole shall send an application to the Court that issued the decision on parole to consider terminating such decision and send this application to the competent Procuracy of the same level. The application shall include:

a) An application form for termination of the decision on parole;

b) A decision on discipline imposed on the inmate, enclosed with a record of violation against internal regulations of the detention facility or a record of the violation against law;

c) Other relevant documents.

5. Courts shall follow procedures to review and terminate decisions on parole in accordance with Article 368 of the Criminal Procedure Code.

Article 71. Responsibilities for management, supervision, and education of parolees of agencies, organizations, and parolee's family

1. Relevant agencies and organizations shall cooperate with the commune-level People's Committees, commune-level police authorities, and military units in the management, supervision, and education of parolees.

2. The Vietnam Fatherland Front and its member organizations, along with grassroots-level security and public order forces, shall assign personnel to participate in the management, supervision, and education of parolees in accordance with decisions by the Presidents of the Commune-level People's Committees.

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Chapter III

EXECUTION OF DEATH PENALTIES

Article 72. Decisions to execute death penalties

1. The Chief Justice of the Court that conducted the first-instance trial shall issue a decision to execute the death penalty. Such decision must clearly indicate the date of issuance, full name and position of the decision maker; the judgment or decision to be executed; the full name, date of birth and place of residence of the convict.

2. Within 03 working days from the date of issuance of the death penalty execution decision, the Court shall send this decision to the following agencies:

a) The same-level Procuracy and criminal judgment execution agency of the provincial police authority or the military zone;

b) Temporary detention camp where the convict is held;

Article 73. Decision to establish Death penalty execution council

1. Immediately after issuing a decision to execute the death penalty, the Chief Justice of the decision-issuing Court shall send a written request to the Chief Procurator of the same-level Procuracy and the head of the criminal judgment execution agency of the provincial police authority or military zone to appoint representatives to participate in the Death penalty execution council. Within 03 working days from the date of receipt of the written request, the Chief Procurator of the same-level Procuracy and the head of the criminal judgment execution agency of the provincial police authority or military zone must appoint representatives in writing to participate in the Death penalty execution council.

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3. The Death penalty execution council shall be composed of:

a) The Council President who is the Chief Justice or Deputy Chief Justice of the Court that issued the sentence execution decision;

b) The Chief Procurator or Deputy Chief Procurator of the same-level Procuracy;

c) Head or Deputy Head of the criminal judgment execution agency of the provincial police authority or the military zone.

4. A secretary who is a cadre or civil servant of the Court shall be appointed by the competent Chief Justice to assist the Death penalty execution council.

Article 74. Tasks and powers of Death penalty execution council

1. A Death penalty execution council has the following tasks and powers:

a) Decide the plan and make necessary preparations for execution;

b) Inspect the eligibility requirements satisfied by the convict in accordance with the Criminal Code and the Criminal Procedure Code; issue a decision to postpone the execution and report to the Chief Justice of the Court that issued the execution decision if the convict is ineligible for execution;

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d) Administer the execution according to plan;

dd) Notify the execution result to the criminal judgment execution management agency;

e) Dissolve after fulfilling its tasks.

2. The president of the death penalty execution council shall hold a meeting to announce decisions related to the execution and the time of execution; contents to be kept secret; conditions to ensure the implementation of the execution plan; and the burial location in case receipt of the corpse is not allowed or there is no request for receipt of the corpse. The meeting must be recorded in the minutes, which shall then be included in the death penalty execution dossier.

Article 75. Death penalty execution dossier

1. The death penalty execution dossier shall include:

a) A legally effective first-instance judgment; an appellate judgment if the first-instance judgment is appealed or protested;

b) A decision on cassation trial or reopening trial (if any);

c) A decision on non-appeal, made by the Chief Justice of the Supreme People’s Court and a decision on non-appeal, made by the Prosecutor General of the Supreme People’s Procuracy;

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dd) Decision to establish Death penalty execution council;

e) A meeting minutes of the Death penalty execution council;

g) Plan for execution of the death penalty;

h) Full record of identity, basic record of identity, minute of inspection of ID card of the person sentenced to death;

i) An inspection record verifying that the person sentenced to death does not fall under the case prescribed in clause 3 Article 40 of the Criminal Code;

k) Documents relevant to the postponement of execution of the death penalty;

l) A record of autopsy of the executed inmate;

m) 1 photo of the executed inmate;

o) A record of execution of the death penalty;

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p) Other relevant documents.

2. Death sentence execution dossiers shall be prepared, managed and stored by criminal judgment execution agencies of provincial police authorities or military zones in accordance with regulations on maintenance of dossiers as prescribed in the Minister of Public Security or the Minister of National Defense.

Article 76. Postponement of execution of death penalties

1. The death sentence execution council may decide to postpone execution of the death penalty in the following cases:

a) The convict falls into a case specified in clause 3 of Article 40 of the Criminal Code;

b) There is a force majeure event or objective hindrance;

c) Immediately before the execution, the convict reports new circumstances of the crime.

2. When deciding to postpone execution of the death penalty, the council must make a record clearly indicating the hour, date and place of execution; full names and positions of the council members; and reason for the postponement of execution. The record must be signed by all council members and included in the death penalty execution dossier and reported to the Chief Justice of the Court which has issued the execution decision, the Chief Prosecutor of the provincial People’s Procuracy or the People’s Procuracy of the military zone and the criminal judgment execution agency of provincial police authority or military zone.

3. The criminal execution and judicial assistance police officer or judicial guard shall escort and hand over the person whose execution is postponed to the temporary detention camp for management. The hand over and receipt of the person whose execution is postponed shall be recorded.

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Regarding cases of postponed execution under points b and c clause 1 of this Article, when the reason for postponement no longer exists, the Chief Justice of the Court that has issued the execution decision shall request the death penalty execution council to proceed with the execution. In case of change of a council member, the Chief Justice of the Court that has issued the execution decision shall decide the change of the council member or establish a death sentence execution council under Article 73 of this Law.

Article 77. Form and procedures for execution of death penalty

1. The death sentence shall be executed by lethal injection. Procedures for lethal injection shall be prescribed by the Government

2. Prior to execution, the death sentence execution council shall examine the full record of identity, basic record of identity and personal history records of the person to be executed; in case the person to be executed is a female, the council shall examine all documents related to conditions for non-execution as prescribed by the Criminal Code.

3. Prior to being taken out for execution, the convict shall be given food and drink, be allowed to write letters and have his/her messages recorded for sending to his/her family.

4. Procedures for execution of death penalty:

a) Pursuant to the death penalty execution decision and as requested by the president of the death penalty execution council, the criminal execution and judicial assistance police officer or judicial guard shall escort the person to be executed to the working place of the death penalty execution council;

b) At the request of the death sentence execution council, a professional officer of the people's police or army shall take the fingerprints, check the full record of identity and basic record of identity and compare them with related dossiers and documents; take photos and record videos of procedures for taking the fingerprints, checking and making a record; and report results to the death penalty execution council;

c) The president of the death penalty execution council shall announce the death penalty execution decision, the non-appeal decision of the Chief Justice of the Supreme People's Court and the non-appeal decision of the Prosecutor General of the Supreme People's Procuracy, the decision of the Council of Justices of the Supreme People's Court to reject the protest lodged by the Chief Justice of the People's Supreme Court or the Prosecutor General of the Supreme People's Procuracy, a competent authority’s notification of no commutation of death penalty

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d) By the order of the president of the death penalty execution council, professional officers of the criminal judgment execution agency of the provincial police authority or military zone shall designate execution of the sentence and report the result to the council president;

dd) By the order of the president of the death sentence execution council, a forensic doctor shall determine the condition of the person sentenced to death and report the result to the council;

e) The death penalty execution council shall make a record of the execution; report on the process and result of the execution to the Supreme People's Court, the Supreme People's Procuracy, and the criminal judgment execution management agency. The criminal judgment execution agency of the provincial police authority or military zone shall register the death at the People's Committee of the commune in which the execution is carried out;

g) The criminal judgment execution agency of the provincial police authority or military zone shall preserve the corpse of the person sentenced to death, hold burial and draw a map of the grave. The People's Committee of the commune in which the execution was carried out shall cooperate with the criminal judgment execution agency of the provincial police authority or military zone in the burial and management of the grave of the person sentenced to death;

h) Within 03 working days after the execution is carried out, the criminal judgment execution agency of the provincial police authority or military zone shall inform the family of the person sentenced to death of his/her death, except for the case specified in clause 1 of Article 83 of this Law.

Article 78. Settlement of petitions for receipt of corpses, ashes, and mortal remains of persons sentenced to death

1. Within 03 working days from the date of issuance of decision to execute the death penalty, the Chief Justice of the Court which issued the sentence execution decision shall notify family or representative of the person sentenced to death in writing to make a petition for receipt of his/her corpse. Within 03 working days from the date of receipt of such notification, the petition for receipt of corpse of the person sentenced to death shall be submitted to the Chief Justice of the Court that issued the notification. The petition for receipt of corpse of the person sentenced to death shall specify full name and address of the recipient of the corpse; relationship with the person sentenced to death; commitment to meet security, order and environmental sanitation requirements and to pay all arising expenses. The petition must be certified by the People's Committee of the commune of his/her residence; if the such person is a foreigner, such petition must be certified by a competent authority or a Vietnam-based diplomatic mission of the country of which he/she is a citizen, and be translated into Vietnamese.

2. Within 03 working days from the date of receipt of the petition for receipt of corpse of the person sentenced to death, the Chief Justice of the Court that issued the sentence execution decision shall notify in writing whether to approve or reject the petition. If the petition is rejected, the Chief Justice must clearly state the reason.

3. 03 working days before executing the death penalty, the Chief Justice of the Court that issued sentence execution decision shall send a written notification to the criminal judgment execution agency of the provincial police authority or the military zone to give the corpse of the person sentenced to death for burial or hold a burial for the person sentenced to death.

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5. The criminal judgment execution agency of the provincial police authority or the military zone shall notify the petitioner right after the execution for receipt of the corpse for burial. The delivery and receipt of the corpse shall be carried out within 24 hours after the notification by the criminal judgment execution agency of provincial police authority or of military zone. The delivery and receipt of the corpse shall be recorded in a record signed by the delivering and receiving persons. After this time limit, if the petitioner fails to receive the corpse, the criminal judgment execution agency of the provincial police authority or military zone shall hold a burial for person sentenced to death.

6. If the family or representative of the person sentenced to death wishes to receive ashes of such person and pays all the costs of incineration, the criminal judgment execution agency of the provincial police authority or the military zone shall deliver the corpse and enable the delivery of the corpse to the incineration place.

7. In a case where the criminal judgment execution agency of the provincial police authority or the military zone hold a burial for the person sentenced to death, 3 years after the date of execution, the family or representative of such person may send a petition to the criminal judgment execution agency of the provincial police authority or the military zone for receipt of the his/her mortal remains.

Such petition must clearly indicate the full name and address of the person to receive the remains, relationship with the person sentenced to death; and commitments to meet security, order and environmental sanitation requirements and to pay all arising expenses. The petition must be certified by the People's Committee of the commune of his/her residence; if the convict is a foreigner, such petition must be certified by a competent authority or a Vietnam-based diplomatic mission of the country of which the person is a citizen, and be translated into Vietnamese.

Within 7 days after receipt of the petition, the criminal judgment execution agency of the provincial police authority or military zone shall review and settle it.

Chapter IV

EXECUTION OF SUSPENDED SENTENCE, WARNING PENALTY AND COMMUNITY SENTENCE

Section 1. EXECUTION OF SUSPENDED SENTENCE

Article 79. Decision to execute a suspended sentence

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2. Within 3 working days from the date of issuance of a decision to execute a suspended sentence, the decision-issuing court shall send the decision to the following individuals and agencies:

a) The person serving the suspended sentence and his/her representative if such person is under 18;

b) The same-level Procuracy;

c) The criminal judgment execution agency of the police authority of the province where the commune-level People’s Committee or commune-level police authority assigned to manage, supervise and educate the person serving the suspended sentence is located or the criminal judgment execution agency of the military zone in which such person works;

d) The commune-level People’s Committee, commune-level police authority or the military unit assigned to manage, supervise and educate the person serving suspended sentence.

Article 80. Execution of decisions to execute suspended sentences

1. Within 3 working days from the date of receipt of the suspended sentence execution decision, the commune-level police authority or criminal judgment execution agency of the military zone must summon the person serving the suspended sentence or his/her representative if he/she is under 18 to the office of the police authority of the commune where his/her resides or the military unit where his/her works to make a commitment to serve the sentence. The person serving suspended sentence or his/her representative must present himself/herself upon the summons, except for cases of emergency, force majeure events or objective hindrance.

If the person serving suspended sentence fails to present him/herself upon the summons or commit to serve the sentence, the commune-level police authority or criminal judgment execution agency of the military zone shall take a record of violation against probation conditions.

If there are grounds to determine that the person granted a suspended sentence has changed their place of residence and is no longer residing at the place where the sentence is being served, the commune-level police authority shall report to the criminal judgment execution agency of the provincial police authority to notify the court that issued the execution decision to entrust the sentence execution, return the entrustment, or notify the criminal judgment execution agency to organize the execution.

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3. Such dossier shall include:

a) Legally effective judgment/decision of the Court;

b) Decision to execute a suspended sentence;

c) Commitment of the person serving suspended sentence. If such person is between full 14 years and under 16 years old, his/her commitment must be certified by his/her representative;

d) Remark of the convict’s fulfillment of obligations from the commune-level police authority or the military unit assigned to manage, supervise, and educate such person;

dd) Self-evaluation of the convict’s fulfillment of their obligations in compliance with the law; and a written self-criticism and a meeting minutes of formal criticism if the convict is put on formal criticism as prescribed in Article 86 of this Law;

e) A decision to shorten the duration of probation period issued by the Court if the convict is so granted;

g) Other relevant documents.

4. During the probationary period, the commune-level police authority and military units shall apply measures to manage, supervise, and educate the convicts, preventing them from against probation conditions; conduct monthly evaluation, assessment and report the results of managing, supervising, and educating the convicts to the criminal judgment execution agency of the provincial police authority or military zone.

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On the last day of the probation period or the day the court's decision to shorten the remaining probation period comes into force, the criminal judgment execution agency of the provincial police authority or military zone must issue a certificate of completion of the probation period. The certificate shall be sent to the person serving suspended sentence, the commune-level People’s Committee, commune-level police authority, the military unit assigned to manage, supervise, and educate such person, the court that issued the sentence execution decision, the competent Procuracy.

If a person serving a suspended sentence is subject to a charge against suspect or is being considered for enforced execution of a prison sentence under the judgment that granted the suspended sentence, a certificate of completion of the probation period shall not be issued. Immediately after receiving a decision from the competent authority confirming that the person serving a suspended sentence did not violate criminal laws or reject the request for enforced execution of a prison sentence of the judgment that granted the suspended sentence, a certificate of completion of the probation period shall be issued.

6. If the person serving a suspended sentence dies, the commune-level police authority or military unit assigned to manage, supervise, and educate that person shall inform the criminal judgment execution agency of the provincial police authority or military zone of such matter to notify the Court that issued the sentence execution decision.

Within 03 working days from the date of receipt of the notification, the Court that issued the sentence execution decision shall issue a decision to terminate the sentence execution and send it to the agencies specified in points b, c, and d of Clause 2 of Article 79 hereof.

Article 81. Tasks and powers of the commune-level People’s Committee, commune-level police authority or the military unit assigned to manage, supervise and educate the person serving suspended sentence

1. The commune-level People’s Committee shall manage, supervise, and educate the person serving suspended sentence.

2. The commune-level police authority shall directly assist the commune-level People's Committee in managing, supervising, and educating persons serving suspended sentence, and have the following tasks and powers:

a) Receive dossier on, and organize management, supervision, and education of the person serving suspended sentence; hand over the dossier to the competent criminal judgment execution agency as per this Law;

b) Request the person serving suspended sentence to fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation against law;

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d) To allow the person serving suspended sentence to be absent from his/her place of residence or to change his/her place of residence in accordance with this Law and the law on residence, and to leave his/her place of residence to work or study;

dd) Cooperate with Vietnam Fatherland Front and its member organizations, family of the person serving suspended sentence and the agencies or organizations where he/she works or studies in managing, supervising and educating him/her;

e) Report to the criminal judgment execution agency of provincial police authority to request the same-level Court to consider shortening the person serving suspended sentence’s probation period;

g) Report to the criminal judgment execution agency of provincial police authority to carry out the procedures to request the competent Court to force the person serving suspended sentence who commits violation against probation conditions to serve the original prison sentence as prescribed in this Law;

h) Report on the person serving suspended sentence’s escape to the criminal judgment execution agency of provincial police authority;

i) Make monthly remarks of compliance with the sentence by the person serving suspended sentence and keep a record of it;

k) Report on the sentence execution result to the competent criminal judgment execution agency.

3. Heads of commune-level police authorities shall submit periodic reports upon request by commune-level People's Committees on the performance of their tasks and powers as prescribed in clause 2 of this Article.

4. The military unit assigned to manage, supervise, and educate the shall have the following tasks and powers:

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b) Cooperate with the commune-level police authority in giving approval for the absence of the person serving suspended sentence from his/her place of residence or change of place of residence as prescribed in this Law and laws on residence;

c) Cooperate with family and the People’s Committee of commune where the person serving suspended sentence resides in managing, supervising, and educating him/her;

d) Report to the criminal judgment execution agency of military zone to request the same-level Court to consider shortening the probation period;

dd) Report to the competent criminal judgment execution agency of the military zone to request the competent Court to force the person serving suspended sentence who commits violation against probation conditions to serve the original prison sentence as prescribed in this Law;

e) Report on the escape of the person serving a suspended sentence to the criminal judgment execution agency of the military zone.

Article 82. Obligations of the person serving suspended sentence

1. Present himself/herself upon the summons and commit to serve the sentence as prescribed in clause 1 of Article 80 of this Law.

2. Strictly fulfill his/her commitments on compliance with law, civil obligations, internal regulations of the places of residence, work and study; abide by all additional penalties, obligations of compensation for damage, except for objective reasons certified by the competent authority.

3. Comply with the management, supervision, and education of the commune-level People's Committee, the commune-level police authority, and the military unit assigned to manage, supervise, and educate him/her, criminal judgment execution agency of the military zone where he/she resides or works; and may only reside within the communes' territory under the execution decision by the competent Court, except in cases specified in Articles 87 and 88 hereof.

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5. Present himself/herself at the request of the commune-level People's Committee, the commune-level police authority, the military unit assigned to manage, supervise, and educate him/her, or the criminal judgment execution agency of the military zone.

6. Submit written reports monthly to the commune-level police authority or military unit assigned to manage, supervise, and educate him/her on his/her fulfillment of obligations. In cases of absence as specified in Clause 1 of Article 87 hereof, upon the expiration of the absence period, the person serving suspended sentence must report on his/her fulfillment of his/her obligations.

Article 83. Work and study by persons serving suspended sentences

1. If a person serving a suspended sentence who is a cadre, civil servant, public employee, officer, professional servicemen, non-commissioned officers, soldier, defense worker, public security worker or employee, is allowed to continue working at his/her workplace, he/she shall be given a job which satisfies management, supervision and education requirements, receive a pay and other benefits suitable to his/her job. This working duration shall be included in his/her working or service time under law.

2. If a person serving suspended sentence is admitted to study in a compulsory education institution or vocational education institution, he/she may enjoy benefits according to the regulations of that institution.

3. A person serving suspended sentence other than that prescribed in clause 1 or clause 2 of this Article shall be assisted by the People's Committee of the commune where he/she resides in job seeking.

4. A person serving suspended sentence who is eligible for preferential policies towards persons with meritorious services to the revolution or for social insurance benefits is still entitled to such benefits and policies as per the law.

Article 84. Shortening probation period imposed on persons serving suspended sentences

1. A person serving suspended sentence may request reduction of probation period when he/she:

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b) has strictly complied with laws and regulations and probation conditions prescribed in Article 82 of this Law during the probation period; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authority.

c) has submitted an application for reduction of the probation period.

2. A person serving suspended sentence may have his/her probation period shortened once a year for 1 month to 1 year. If the remainder of the probation period is under 1 month, it may be eliminated. A person serving suspended sentence may have his/her probation period shortened multiple times if he/she has served at least three-fourths of the probation period.

3. If a person serving suspended sentence has made merits or suffers from a fatal disease and satisfies all conditions prescribed in clause 1 hereof, the Court may eliminate the remainder of his/her probation period.

4. If a person serving suspended sentence has his/her probation period shortened but he/she violates the probation conditions as prescribed in Article 82 of this Law and the Court shall force him/her to serve the original prison sentence, the shortened period shall not be included in the serving time of the prison sentence.

Article 85. Procedures for shortening probation period imposed on persons serving suspended sentences

1. The reduction of the probationary period for persons serving suspended sentence shall be carried out three times a year, around New Year's Day, Victory Day, and National Day.

2. The commune-level police authority or the military unit assigned to manage, supervise and educate persons serving suspended sentence shall review and compile a list of eligible persons serving suspended sentences, submit report to the criminal judgment execution agency of the provincial police authority or the military zone accompanying with relevant documents.

3. Within 5 working days from the date of receiving the report, the criminal judgment execution agency of the provincial police authority or the military zone shall prepare dossier and a written request for shortening the probation period of eligible persons and send them to the competent Procuracy and Court. If the conditions for shortening the probation period are deemed insufficient, the criminal judgment execution agency of the provincial police authority or the military zone shall send a written notification to the commune-level police authority or military unit assigned to manage, supervise, and educate persons serving suspended sentence.

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a) An application form for shortening probation period, made by the criminal judgment execution agency of the provincial police authority or military zone;

b) has submitted an application for reduction of the probation period;

c) A copy of the judgment. If the probation period is considered for shortening the second time, the copy of the judgment is replaced by a copy of the decision on the execution of the suspended sentence;

d) Report on request for shortening the probationary period by the commune-level police authority or military unit assigned to manage, supervise, and educate those serving suspended sentences;

dd) The commendation decision or certificate of merit issued by a competent agency for any person who has received commendation or made a great merit; or conclusion or confirmation of the illness from the medical establishment where he/she is receiving treatment or from a primary- or higher-level medical establishment for any person who is suffering from a fatal disease;

e) A copy of the decision to shorten the probation period in cases for any person whose probation period has been shortened before.

5. Within 2 days from the date of receipt of the application for reduction of the probation period, the Chief Justice of People’s Court of region or military Court of military zone where the person serving suspended sentence resides or works shall assign a Judge to take charge in holding a meeting to review the application. Within 5 working days of being assigned, the judge must convene a hearing to consider shortening the probation period and issue a decision on shortening the probation period; the decision must clearly state accept or refuse the request for shortening the probation period.

The meeting must be attended by a prosecutor from the same-level Procuracy. If the application needs to be supplemented as requested by the Court, the time limit for convening the hearing shall begin from the date of receipt of the supplemented application.

6. Within 03 working days from the date on which the decision is issued, the Court must send that decision to the convict, the same-level Procuracy, the immediate superior Procuracy, the agency that requests for reduction of probation period, the Court that issued the decision on suspended sentence.

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1. During the probation period, if a person serving suspended sentence falls under any of the following cases, the commune police authority or the military unit shall hold a formal criticism against him/her:

a) He/she keeps violates the probation conditions prescribed in Clauses 2, 3, 4, 5, and 6 Article 87 of this Law though he/she has been warned in writing

b) He/she is subject to an administrative penalty.

c) He/she commits an act that is subject to educational measures at the commune, ward, or special zone as prescribed by laws on penalties for administrative violations.

2. The formal criticism shall be recorded in writing and included in the management dossier and reported to the criminal judgment execution agency of the provincial police authority or the military zone.

Article 87. Settlement of case of suspended sentence-serving person’s absence from his/her place of residence or change of place of residence or work

1. A person serving suspended sentence may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in clause 2 hereof and shall make a declaration of temporary absence as prescribed in laws on residence. The duration of absence from place of residence shall be included in the probation period but it shall not exceed 30 days each and total absence duration may not exceed one third of the probation period, except as provided in Article 88 of this Law, or in cases where the person serving suspended sentence requires treatment at a medical establishment as prescribed by the doctor and has been certified by that medical establishment.

2. When seeking permission for absence from place of residence, the person serving suspended sentence must submit an application for permission and obtain the permission from the commune-level police authority or the military unit assigned to manage, supervise, and educate the person. In case of refusal, they must respond in writing and clearly state the reason.

In cases of absence from residence due to emergency, force majeure, or objective obstacles, the person serving suspended sentence must submit an application for permission as soon as the reason for absence no longer exists.

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If the person serving suspended sentence commits a violation against law, the police authority of commune where he/she temporarily resides or stays shall send a notification enclosed with relevant documents the commune-level police authority or the military unit assigned to manage, supervise, and educate such person.

3. Change of place of residence or work of the person serving suspended sentence shall be settled in accordance with Article 66 of this Law.

4. The person serving suspended sentence may not leave Vietnam’s territory during his/her probation period.

Article 88. Settlement of cases of persons serving suspended sentence wishing to work or study outside their place of residence

1. When seeking permission for working or studying outside his/her place of residence, the person serving suspended sentence must submit an application for permission and obtain the permission from the commune-level police authority or the military unit assigned to manage, supervise, and educate such person. In case of refusal, they must respond in writing and clearly state the reason

2. The persons serving suspended sentence shall report to the commune-level police authority or the military unit assigned to manage, supervise, and educate him/her about him/her work plan, employment contract, and study program, with confirmation from the agency, organization, or individual where he/she comes to work or study.

3. Within 3 working days of receiving approval from the commune-level police authority or military unit assigned to manage, supervise, and educate the person serving suspended sentence, such person must report to the police authority of the commune where he/she will come to work or study; upon completion of the employment contract or study program, he/she must obtain confirmation from the police authority of the commune where he/she comes to work or study.

4. The commune-level police authority or military unit assigned to manage, supervise, and educate the person serving suspended sentence must notify the criminal judgment execution agency of the provincial police authority or the military zone about the decision to allow the person serving suspended sentence to leave their place of residence to work or study.

5. During his/her time working or studying outside their place of residence, the person serving suspended sentence must strictly comply with probation conditions.

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Article 89. Actions against violations committed by persons serving suspended sentences

1. If a person serving suspended sentence commits a violation against probation conditions prescribed in clause 1 of Article 82 of this Law, the criminal judgment execution agency of the provincial police authority or military zone shall make a violation record and request the person serving suspended sentence to present himself/herself within 5 days from the date on which the violation record is made. After this time limit, if the person serving suspended sentence fails to do so, the commune-level police authority or the military unit shall make a violation record and report to the criminal judgment execution agency of the provincial police authority or military zone to request the People’s Court of the region or the military Court of the military zone where such person resides to force him/her to serve the original prison sentence.

2. During the probation period, if a person serving suspended sentence who had been formally criticized as prescribed in Article 86 of this Law keeps violating the probation condition and has been warned in writing, and then he/she still deliberately commits violation, the commune-level police authority or the military unit shall report to the criminal judgment execution agency of the provincial police authority or military zone to request the competent Court to force him/her to serve the original prison sentence.

If the person serving suspended sentence leaves his/her place of residence or work without permission, the commune-level police authority, or military unit shall record the violation against probation conditions, issue a written warning, and summon such person. If he/she still fails to present himself/herself, a formal criticism of their absence shall be conducted and recorded. After the formal criticism, the commune-level police authority or military unit shall continue to summon the person serving suspended sentence. If he/she still fails to present himself/herself, a record will be made and a written warning will be issued. If he/she still fail to present himself/herself after further summonses, the commune-level police authority or military unit will record the absence and report to the criminal judgment execution agency of the provincial police authority or military zone to proceed with the procedures to request the competent court to force such person to serve his/her origin prison sentence of the suspended sentence.

3. Within 05 working days from the date of receipt of the report, the criminal judgment execution agency of provincial police authority or military zone shall make a application for enforced serving of the original prison sentence to the competent Court specified in Article 1 of this Article for review and decision and also to the same-level Procuracy. The application shall include:

a) An application form, made by the criminal judgment execution agency of the provincial police authority or the military zone;

b) Report made by the commune-level police authority or military unit assigned to manage, supervise and educate the person serving suspended sentence and specifying that such person has committed violations against probation conditions at least 2 times;

c) Record of the violation against probation conditions committed by the person serving suspended sentence;

d) Decision on administrative penalty if the person serving suspended sentence is subject to one;

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e) Other relevant documents.

4. Within 2 days from the date of receipt of the application, the Chief Justice of People’s Court of region or military Court of military zone where the person serving suspended sentence resides or works shall assign a Judge to hold a meeting to review such application. Within 07 days from the date of assignment, the judge must hold a meeting to review the enforcement of the origin suspended sentence and issue a decision on enforcing the origin suspended sentence; the decision must clearly state whether or not the application is accepted.

The meeting must be attended by a prosecutor from the same-level Procuracy. If the application needs to be supplemented as requested by the Court, the time limit for convening the hearing shall begin from the date of receipt of the supplemented application.

Within 03 working days from the date of receipt of the decision on enforcing the origin suspended sentence, the Court shall send it to individuals and agencies specified in Clause 2 of Article 79 hereof.

5. Within 03 working days from the date the court's decision comes into force, the criminal judgment execution agency of the provincial police authority or military zone must complete the procedures to send the person serving suspended sentence to serve his/her original prison sentence. If such person escapes, the criminal judgment execution agency of the provincial police authority or military zone shall release a wanted notice and organize pursuit.

If the Court rejects the request for enforced execution of original prison sentence, the criminal judgment execution agency of provincial police authority or military zone shall include the decision and relevant documents to the suspended sentence execution dossier and send the decision to the commune-level police authority and military unit are assigned to manage, supervise, and educate the person serving suspended sentence for further management, supervision and education.

6. If the person serving suspended sentence is subject to administrative measures such as being sent to compulsory education facilities, reform schools, or compulsory drug rehabilitation centers, the commune-level police authority will cooperate with those agencies to manage, supervise, and educate them.

7. If the person serving suspended sentence is subject to a charge against suspect but has not yet been detained, the criminal judgment execution agency of the provincial police authority or the military zone, commune-level police authority, and military unit shall cooperate with the competent procedural agency that is handling the case in managing, supervising, and educating such person.

Article 90. Responsibilities for management, supervision, and education of person serving suspended sentence of agencies, organizations, and family of the person serving suspended sentence

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2. The Vietnam Fatherland Front and its member organizations, along with grassroots-level security and public order forces, shall assign personnel to participate in the management, supervision, and education of persons serving suspended sentence in accordance with decisions by the Presidents of the Commune-level People's Committees.

3. Families of persons serving suspended sentence shall cooperate in managing, supervising, and educating them and report the results of their sentence compliance to the Commune-level People's Committees, commune-level police authorities, and military units assigned to manage, supervise, and educate them upon request; families must also present themselves at formal criticism of the persons serving suspended sentence upon request by these authorities.

Section 2. EXECUTION OF WARNING PENALTY

Article 91. Execution of warning penalty

1. Within 03 working days from the date the court's decision comes into force, the Court which has conducted the first-instance trial shall send the judgment to the person subject to the warning penalty, the criminal judgment execution agency of the c, the People's Committee of commune, police authority of the commune or the military unit of military zone where he/she resides or works.

2. The criminal judgment execution agency of the provincial police authority or the military zone shall be responsible for supervision, statistics and reports according to this Law.

Section 3. EXECUTION OF COMMUNITY SENTENCE

Article 92. Execution of community sentence

1. A decision on execution of community sentence must clearly indicate full name of the decision maker; the judgment or decision to be executed; full name, date of birth and place of residence of the convict; the community sentence duration; additional penalty(ies), except for fines; place of execution, name of the agency in charge of execution; the commune-level People's Committee, commune-level police authority or military unit assigned to manage, supervise and educate the convict.

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a) The convict and his/her representative if such person is under 18;

b) The same-level Procuracy;

c) The criminal judgment execution agency of the police authority of the province where the commune-level People’s Committee or commune-level police authority assigned to manage, supervise and educate the convict is located or the criminal judgment execution agency of the military zone where the convict works;

d) The commune-level People’s Committee, commune-level police authority or the military unit assigned to manage, supervise, and educate the convict.

Article 93. Execution of decision on execution of community sentence

1. Within 3 working days from the date of receipt of the decision on execution of community sentence, the commune-level police authority or criminal judgment execution agency of the military zone must summon the convict or his/her representative if he/she is under 18 to the office of the police authority of the commune where his/her resides or the military unit where his/her works to make commitment to serve the sentence. The convict or his/her representative must present himself/herself upon the summons, except for cases of emergency, force majeure events, or objective hindrance.

If the convict fails to present him/herself upon the summons or commit to serve the sentence, the commune-level police authority or criminal judgment execution agency of the military zone shall take a record of violation of obligations.

2. Within 03 working days from the date of receipt of sentence execution decision, the criminal judgment execution agency of the provincial police authority or the military zone shall prepare a sentence execution dossier and send a copy of dossier to the commune-level police authority or the military unit assigned to manage, supervise and educate the convict. The application shall include:

a) Legally effective judgment/decision of the Court;

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c) Commitment of the convict. If the convict is between full 14 years and under 16 years old, his/her commitment must be certified by his/her representative;

d) Remark of the convict’s fulfillment of obligations from the commune-level police authority or the military unit assigned to manage, supervise, and educate the convict;

d) Self-assessment of the convict’s compliance with community order requirements;

e) A decision on exemption from or reduction of the duration of serving community sentence, issued by the Court if the convict is so granted;

g) Other relevant documents.

3. During the probationary period, the commune-level police authority and military units shall apply measures to manage, supervise, and educate the convict, preventing them from violating their community order requirements or breaking the law; conduct monthly evaluation, assessment and report the results of managing, supervising, and educating the convict to the criminal judgment execution agency of the provincial police authority or military zone.

4. 03 working days before the expiration of the sentence or from the date of receipt of the decision on exemption from or reduction of the duration of serving community sentence, the commune-level police authority or military unit assigned to manage, supervise, and educate the convict shall hand over the sentence execution dossier to the criminal judgment execution agency of the provincial police authority or the military zone.

On the last day of the serving time of the community sentence or the day the court's decision on exemption from or reduction of the duration of serving community sentence comes into force, the criminal judgment execution agency of the provincial police authority or military zone must issue a certificate of completion of the community sentence.

The certificate shall be sent to the convict, the commune-level People’s Committee, commune-level police authority, the military unit assigned to manage, supervise, and educate the convict, the court that issued the sentence execution decision, the competent Procuracy.

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5. If the convict dies, the commune-level police authority or military unit assigned to manage, supervise, and educate the convict shall inform such matter and hand over the sentence execution dossier to the criminal judgment execution agency of the provincial police authority or military zone to notify the Court which issued the sentence execution decision.

Within 03 working days from the date of receipt of the notification, the Court that issued the sentence execution decision shall issue a decision to terminate the sentence execution and send it to the agencies specified in points b, c, and d of Clause 2 of Article 92 hereof.

Article 94. Tasks and powers of the commune-level People’s Committee, commune-level police authority or the military unit assigned to manage, supervise and educate the person serving community sentence

1. The commune-level People’s Committees shall manage, supervise, and educate persons serving community sentence.

2. The commune-level police authority shall directly assist the commune-level People's Committee in managing, supervising, and educating persons serving community sentence, and have the following tasks and powers:

a) Receive dossier on, and organize management, supervision, and education of the convict; hand over the dossier to the competent criminal judgment execution agency as per this Law;

b) Request the convict to fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation against law;

c) Commend the convict for his/her considerable progress or great merits;

d) To allow the convict to be absent from his/her place of residence or to change his/her place of residence in accordance with this Law and the law on residence, and to leave his/her place of residence to work or study;

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e) Report to the criminal judgment execution agency of provincial police authority to request the same-level Court to consider exemption from or reduction of the duration of the sentence;

g) Cooperate with the civil judgment execution agency in deducting particle amount from the convict’s income and transferring it to state budget under a legally effective decision of the Court;

h) Supervise the convict when he/she performs community services;

i) Request the competent agency or person to impose administrative penalty(ies) or consider criminal prosecution against the convict in the case prescribed in clause 3 of Article 102 hereof;

k) Make monthly remarks of compliance with the sentence by the convict and keep a record of it;

l) Report on the sentence execution result to the competent criminal judgment execution agency.

3. Heads of commune-level police authorities shall submit periodic reports upon request by commune-level People's Committees on the performance of their tasks and powers as prescribed in clause 2 of this Article.

4. The military unit assigned to manage, supervise, and educate the convict shall have the following tasks and powers:

a) Perform duties and powers prescribed in points a, b, c, g, i, k and l of clause 2 of this Article;

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c) Cooperate with family and the People’s Committee of commune where the convict resides in managing, supervising, and educating him/her;

d) Report to the criminal judgment execution agency of military zone to request the same-level Court to consider exemption from or reduction of the duration of the sentence;

Article 95. Obligations of the person serving community sentence

1. Present himself/herself upon the summons and commit to serve the sentence as prescribed in clause 1 of Article 93 of this Law.

2. Strictly fulfill his/her commitments on compliance with law, civil obligations, internal regulations of the places of residence and work; actively participate in labor and study; fulfill obligations of compensation for damage and abide by all additional penalties under the judgment of the Court.

3. Pay partial amount of income that is deducted; perform certain community activities as per the law.

4. Comply with the management, supervision, and education of the commune-level People's Committee, the commune-level police authority, and the military unit assigned to manage, supervise, and educate him/her, criminal judgment execution agency of the military zone where he/she resides or works; and may only reside within the communes' territory under the execution decision by the competent Court, except in cases specified in Articles 96 and 97 hereof.

5. Comply with Article 96 of this Law.

6. Present himself/herself at the request of the commune-level People's Committee, the commune-level police authority, the military unit assigned to manage, supervise, and educate him/her, or the criminal judgment execution agency of the military zone.

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Article 96. Settlement of case of absence of the person serving community sentence from his/her place of residence or change of place of residence or work

1. A convict may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in clause 2 hereof and shall make a declaration of temporary absence as prescribed in laws on residence.

The duration of absence from place of residence shall be included in the probation period but it shall not exceed 30 days each and total absence duration may not exceed one third of the probation period, except as provided in Article 97 of this Law, or in cases where the convict requires treatment at a medical establishment as prescribed by the doctor and has been certified by that medical establishment.

2. When seeking permission for absence from place of residence, the convict must submit an application for permission and obtain the permission from the commune-level police authority or the military unit assigned to manage, supervise, and educate the person. In case of refusal, they must respond in writing and clearly state the reason.

In cases of absence from residence due to emergency, force majeure, or objective obstacles, the person serving community sentence must submit an application for permission as soon as the reason for absence no longer exists.

The convict must report to the police authority of the commune where he/she temporarily resides or stays upon arrival at their new place of residence; upon the expiration of his/her temporary residence or stay, he/she must obtain confirmation from the police authority of the commune where they temporarily resides or stays.

If the convict commits a violation against law, the police authority of commune where he/she temporarily resides or stays shall send a notification enclosed with relevant documents the commune-level police authority or the military unit assigned to manage, supervise, and educate such person.

3. Change of place of residence or work of the person serving suspended sentence shall be settled in accordance with Article 66 of this Law.

4. The convict may not leave Vietnam’s territory during his/her serving time.

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1. When seeking permission for working or studying outside his/her place of residence, the person serving community sentence must submit an application for permission and obtain the permission from the commune-level police authority or the military unit assigned to manage, supervise, and educate such person. In case of refusal, they must respond in writing and clearly state the reason.

2. The persons serving community sentence shall report to the commune-level police authority or the military unit assigned to manage, supervise, and educate him/her about him/her work plan, employment contract, and study program, with confirmation from the agency, organization, or individual where he/she comes to work or study.

3. Within 3 working days of receiving approval from the commune-level police authority or military unit assigned to manage, supervise, and educate the person serving community sentence, such person must report to the police authority of the commune where he/she will come to work or study; upon completion of the employment contract or study program, he/she must obtain confirmation from the police authority of the commune where he/she comes to work or study.

4. The commune-level police authority or military unit assigned to manage, supervise, and educate the person serving community sentence must notify the criminal judgment execution agency of the provincial police authority or the military zone about the decision to allow the person serving community sentence to leave his/her place of residence to work or study.

5. During his/her time working or studying outside their place of residence, the person serving community sentence must strictly comply with community order requirements. If the person serving community sentence commits a violation against law at his/her place of work or study, the police authority of commune where he/she comes to work or study shall notify the commune-level police authority or the military unit assigned to manage, supervise, and educate such person for cooperation in settling such matter.

Article 98. Work and study by persons serving community sentence

1. If the convict who is a cadre, civil servant, public employee, officer, professional servicemen, non-commissioned officers, soldier, defense worker, public security worker or employee, is allowed to continue working at his/her workplace, he/she shall be given a job which satisfies management, supervision and education requirements, receive a pay and other benefits suitable to his/her job. This working duration shall be included in his/her working or service time under law.

2. If the convict is admitted to study in a compulsory education institution or vocational education institution, he/she may enjoy benefits according to the regulations of that institution.

3. A convict other than that prescribed in clause 1 or clause 2 of this Article shall be assisted by the People's Committee of the commune where he/she resides in job seeking.

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5. A convict who has no employment or losses his/her job during his/her serving time is required to perform certain community activities.

Within 03 working days from the date on which the convict is determined as unemployed or losing his/her job, the commune-level police authority shall report such matter to the commune-level People’s Committee in writing. Within 3 working days from the date of receipt of the report, the commune-level People’s Committee must consider forcing the convict to perform certain community activities. The decision of the commune-level People’s Committee must specify the type of community activities and estimated performance duration that the convict is bound by. The commune-level police authority shall supervise the convict while he/she performs certain community activities.

As soon as the convict finds employment, the commune-level police authority shall report to the commune-level People's Committee to issue a decision terminating the community service.

Article 99. Reduction of duration of community sentence

1. The convict may have his/her duration of serving sentence reduced when he/she:

a) has served one third of duration of the sentence; or one fourth of duration of the sentence if the convict is under 18;

b) has strictly complied with laws and regulations and community order requirements prescribed in Article 95 of this Law during the serving time; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent agency.

c) has paid partial civil damages if he/she incurs civil liability.

d) has an application for a reduction of duration of community sentence.

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3. The convict may have his/her duration of serving sentence reduced multiple times if he/she has served a half of the sentence in fact, or two-fifths of the sentence if he/she is under 18.

4. If the convict has made merits, is a decrepit old person or is suffering from a fatal disease and has served one-fourth of the sentence may be considered for reduction of the duration of serving sentence up to 1 year for each reduction provided that he/she has served two-fifths of the sentence.

5. The convict who is under 18 and has made merits or is suffering from a fatal disease may be considered for reduction of the duration of serving sentence immediately. If he/she has already served two-fifths of the sentence, the remainder of the sentence may be eliminated.

Article 100. Procedures for reduction of duration of community sentence

1. The reduction of the probationary period for persons serving community sentence shall be carried out three times a year, around New Year's Day, Victory Day, and National Day.

2. The commune-level police authority or the military unit assigned to manage, supervise and educate the convicts shall review and compile a list of eligible convicts, submit report to the criminal judgment execution agency of the provincial police authority or the military zone accompanying with relevant documents for requesting the reduction of duration of community sentence.

3. Within 2 working days from the date of receiving the report, the criminal judgment execution agency of the provincial police authority or the military zone shall prepare dossier and a written request for reduction of duration of community sentence of eligible convicts and send them to the competent Procuracy and Court. If the conditions for reduction of duration of community sentence are deemed insufficient, the criminal judgment execution agency of the provincial police authority or the military zone shall send a written notification to the commune-level police authority or military unit assigned to manage, supervise, and educate the convicts.

4. The application for reduction of duration of community sentence shall include:

a) A written request for reduction of duration of community sentence, made by the commune-level police authority or the criminal judgment execution agency of the military zone;

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b) A copy of the judgment. If the duration of community sentence is considered for reduction the second time, the copy of the judgment is replaced by a copy of the execution decision;

d) Report on request for reduction of duration of community sentence from the commune-level police authority or the military unit assigned to manage, supervise, and educate the convict;

dd) The commendation decision or certificate of merit issued by a competent agency for any convict who has received commendation or made a great merit; or conclusion or confirmation of the illness from the medical establishment where he/she is receiving treatment or from a primary- or higher-level medical establishment for any convict who is suffering from a fatal disease; document proving that the person has fulfilled a part of civil liability;

dd) Copy of the decision on reduction of the duration of serving sentence if the convict is so granted;

g) Other relevant documents.

5. Within 2 days from the date of receipt of the application, the Chief Justice of People’s Court of region or military Court of military zone where the convict resides or works shall assign a Judge to hold a meeting to review such application. Within 05 days from the date of assignment, the judge must hold a meeting to review the request for reduction of duration of community sentence and issue a decision on such matter; the decision must clearly state whether or not the application is accepted.

The meeting must be attended by a prosecutor from the same-level Procuracy. If the application needs to be supplemented as requested by the Court, the time limit for convening the hearing shall begin from the date of receipt of the supplemented application.

6. Within 03 working days from the date on which the decision is issued, the Court must send that decision to the convict, the same-level Procuracy, the immediate superior Procuracy, the agency that requests for reduction of duration of community sentence, the Court that issued the execution decision.

Article 101. Procedures for exemption from community sentence

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a) A copy of legally effective judgment/decision of the Court;

b) Written request from the Chief Procurator of the People’s Procuracy;

c) A written request from the criminal judgment execution agency if this agency makes such request;

d) An application form for exemption from serving sentence from the convict or his/her representative as per the law;

d) Confirmation from a competent authority regarding the merit(s) of the convict; a conclusion on the medical condition from the medical establishment treating the convict or a primary- or higher-level medical establishment; confirmation from a competent authority on the convict's good compliance with the law and their exceptionally disadvantaged family circumstances.

2. Within 2 days from the date of receipt of the application specified in clause 1 of this Article, the competent Chief Justice of People’s Court of shall assign a Judge to hold a meeting to review such application. Within 07 days from the date of assignment, the judge must hold a meeting to review the request for exemption from community sentence and issue a decision on such matter; the decision must clearly state whether or not the application is accepted.

The meeting must be attended by a prosecutor from the same-level Procuracy. If the application needs to be supplemented as requested by the Court, the time limit for convening the hearing shall begin from the date of receipt of the supplemented application.

3. Within 03 working days from the date on which the decision is issued, the Court must send that decision to the convict, the same-level Procuracy, the immediate superior Procuracy, the agency which requests for exemption from community sentence, the Court that issued the execution decision, the commune-level police authority or military unit assigned to manage, supervise, and educate such convict.

Article 102. Actions against violations committed by persons serving community sentence

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2. If two violation records have been made but the convict still violates the terms of community sentence, the commune-level police authority shall request the commune-level People’s Committee to hold a formal criticism against him/her; if the convict is managed, supervised and educated by a military unit, such military unit shall hold a formal criticism against him/her. The formal criticism shall be recorded in writing and included in the management dossier and reported to the criminal judgment execution agency of the provincial police authority or the military zone.

3. A convict who has been formally criticized but still intentionally violates the terms of community sentence or continues to commit administrative violation or continues to commit one of the acts subject to measure of education in commune, ward or special zone according to laws on penalties for administrative violations shall not be considered for reduction of the duration of serving sentence. The commune-level police authority and military unit assigned to manage, supervise, and educate such person shall report to the criminal judgment execution agency of the provincial police authority or the military zone to request the competent Court to handle the case. Depending on nature and severity of the violation, the commune-level police authority, and military unit assigned to manage, supervise, and educate the convict shall request the competent agency to impose an administrative penalty or consider criminal prosecution.

4. If the person serving community sentence is subject to administrative measures such as being sent to compulsory education facilities, reform schools, or compulsory drug rehabilitation centers, the commune-level police authority shall cooperate with those agencies to manage, supervise, and educate him/her.

5. If the person serving community sentence is subject to a charge against suspect but has not yet been detained, the criminal judgment execution agency of the provincial police authority or the military zone, commune-level police authority, and military unit shall cooperate with the competent procedural agency that is handling the case in managing, supervising, and educating such person.

Article 103. Responsibilities of agencies, organizations, families of persons serving community sentence

1. Relevant agencies and organizations shall cooperate with the commune-level People's Committees, commune-level police authorities, and military units in the management, supervision, and education of persons serving community sentence.

2. The Vietnam Fatherland Front and its member organizations, along with grassroots-level security and public order forces, shall assign personnel to participate in the management, supervision, and education of convicts in accordance with decisions by the Presidents of the Commune-level People's Committees.

3. Families of persons serving community sentence shall cooperate in managing, supervising, and educating them and report the results of their sentence compliance to the Commune-level People's Committees, commune-level police authorities assigned to manage, supervise, and educate them upon request; families must also present themselves at formal criticism of the persons serving suspended sentence upon request by Commune-level People's Committees, commune-level police authorities, military units assigned to manage, supervise, and educate the persons serving community sentence.

Chapter V

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Section 1. RESIDENCE PROHIBITION SENTENCE EXECUTION

Article 104. Procedures for residence prohibition sentence execution

1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of prohibition of residence, the superintendent of the detention camp or temporary detention camp or the head of the criminal judgment execution agency of the provincial police authority or military zone shall notify in writing the police authority of the commune where such person will come to reside and of the commune where he/she is prohibited from residing of the content specified in clause 1 of Article 44 hereof.

2. Immediately after an inmate subject to the additional penalty of prohibition of residence completes his/her prison sentence, the detention camp or temporary detention camp or the criminal judgment execution agency of the police authority of the province or military zone where he/she has served his/her sentence shall send a certificate of completion of the prison sentence or a copy of the judgment and a copy of the sentence execution decision to the criminal judgment execution agency of the police authority of the province where the convict will come to reside.

3. Within 03 working days from the date of receipt of documents specified in clause 2 of this Article, the criminal judgment execution agency of the police authority of the province where the convict will come to reside shall prepare a residence prohibition sentence execution dossier and send a copy of such dossier to the police authority of the commune where he/she is prohibited from residing.

Within 03 working days from the date of receipt of the sentence execution dossier, the police authority of commune where the convict resides shall summon the convict and request him/her to make a commitment to serve the sentence and send copies of such documents to the police authority of the commune where he/she is prohibited from residing.

In case the convict changes his/her place of residence, the Commune-level Police authority shall report and hand over the sentence execution dossier to the criminal judgment execution agency of the Provincial Police authority for handing over to the criminal judgment execution agency of the Police authority of the province or Police authority of the commune where the convict will come to reside.

4. The residence prohibition sentence execution dossier shall include:

a) A copy of legally effective judgment/decision of the Court;

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c) Certificate of completion of prison sentence;

d) Commitment of the convict; remarks of compliance with the residence prohibition sentence by the convict;

dd) Record of violation against community order requirements committed by the convict (if any);

e) Decision on administrative penalty if the convict is subject to one;

g) The Court’s decision on exemption from serving the remainder of the residence prohibition sentence (if any);

h) Other relevant documents.

5. Three days before the expiration of the residence prohibition term or within 03 days from the date of receipt of a decision on exemption from serving the remainder of the residence prohibition sentence, the police authority of the commune where the convict comes to reside shall handover the sentence execution dossier to the criminal judgment execution agency of the provincial police authority to grant a certificate of completion of residence prohibition sentence. The certificate shall be sent to the convict, police authority of the commune where he/she is prohibited from residing, and the court that issued the sentence execution decision.

6. If the convict dies, the commune-level police authority shall inform such matter to the criminal judgment execution agency of the provincial police authority to notify the Court that issued the sentence execution decision.

Within 03 working days from the date of receipt of notification, the Court that issued the sentence execution decision shall issue a decision to terminate sentence execution and send it to the criminal judgment execution agency of the provincial police authority, the same-level Procuracy, the police authority of the commune where the convict is prohibited from residing.

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1. The commune-level People’s Committees shall manage, supervise, and educate persons serving residence prohibition sentence.

2. The commune-level police authority shall directly assist the commune-level People's Committee in managing, supervising, and educating persons serving residence prohibition sentence, and have the following tasks and powers:

a) Receive the dossier and organize management, supervision, and education of the convict; enable him/her to work and study in normal condition;

b) Summon the convict to notify the execution of sentence; inform rights and obligations and regulations relevant to the execution of sentence;

c) Give remarks in writing and keep dossier on the convict’s serving of residence prohibition sentence;

d) Request the convict to commit and fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation against the law;

dd) Report to the criminal judgment execution agency of the provincial police authority to request the competent Court to consider exemption from the remainder of residence prohibition sentence;

e) Report on the sentence execution result to the criminal judgment execution agency of the provincial police authority.

3. Heads of commune-level police authorities shall submit periodic reports upon request by commune-level People's Committees on the performance of their tasks and powers as prescribed in clause 1 of this Article.

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1. Rights of persons serving residence prohibition sentence include:

a) Travel to a commune in which he/she is prohibited from residing when having a plausible reason and obtaining approval granted by the police authority of such commune. The duration of each sojourn shall be decided by the police authority of such commune but must not exceed 5 days;

b) Be considered for exemption from serving the residence prohibition sentence proposed by the People’s Committee of commune where he/she resides in accordance with this Law.

2. Obligations of persons serving residence prohibition sentence include:

a) Make commitment to complying with the sentence;

a) Refrain from residing in areas in which they are prohibited from residing, except for the case specified in point a clause 1 of this Article;

c) Strictly fulfill their commitments on compliance with law;

d) Be present at the request of the People’s Committee of commune where the convict resides.

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1. When person serving residence prohibition sentence has met all conditions prescribed in clause 6 Article 62 of the Criminal Code, the police authority of the commune where he/she resides report to the criminal judgment execution agency of the provincial police authority to prepare and submit an application for exemption from serving the remainder of the residence prohibition sentence to the People’s Court of the region where he/she resides for review and to the same-level Procuracy. The application shall include:

a) A copy of the legally effective judgment/decision of the Court; a copy of the judgment execution decision;

b) A written request form made by the criminal judgment execution agency of the provincial police authority;

c) A written request from the commune-level police authority;

d) An application form for exemption from serving sentence from the convict;

dd) Other relevant documents.

2. Within 2 days from the date of receipt of the application specified in clause 1 of this Article, the competent Chief Justice of People’s Court of shall assign a Judge to hold a meeting to review such application. Within 07 days from the date of assignment, the judge must hold a meeting to review the request for exemption from serving the remainder of residence prohibition sentence and issue a decision on such matter; the decision must clearly state whether or not the application is accepted.

The meeting must be attended by a prosecutor from the same-level Procuracy. If the application needs to be supplemented as requested by the Court, the time limit for convening the hearing shall begin from the date of receipt of the supplemented application.

3. Within 03 working days from the date on which the decision is issued, the Court must send that decision to the convict, the same-level Procuracy, the immediate superior Procuracy, the agency which requests for the exemption from serving the remainder of residence prohibition sentence, the Court that issued the execution decision, the criminal judgment execution agency of the provincial police authority, and the police authority of the commune where such person resides and where such person is prohibited from residing.

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1. If the convict comes to sojourn without permission or sojourns longer than the length of time he/she is allowed to sojourn, the head of commune-level police authority or the President of commune-level People’s Committee shall impose an administrative penalty on him/her within their jurisdiction, force him/her to leave the commune and notify the commune-level People’s Committee where the convict resides.

2. If the convict fails to fulfill obligations prescribed in point b and point c clause 2 Article 106 of this Law, he/she shall not be considered for exemption from the remainder of the residence prohibition sentence.

Section 2. EXECUTION OF MANDATORY SUPERVISION SENTENCE

 Article 109. Procedures for execution of mandatory supervision sentence

1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of mandatory supervision, the superintendent of the detention camp or temporary detention camp shall notify in writing the police authority of the commune where such person comes to reside and of the commune where he/she is prohibited from residing of the content specified in clause 1 of Article 44 hereof.

If a prisoner no longer resides at the address designated for mandatory supervision as stated in the judgment, the detention camp shall verify the inmate’s new place of residence and notify the criminal judgment execution agency of the provincial police authority, the police authority of the commune where the prisoner will reside, so that they can take over and execute mandatory supervision sentence.

2. After an inmate subject to the additional penalty of mandatory supervision completely serves the prison sentence, the detention camp shall hand over such person with copies of the judgment and sentence execution decision, the certificate of completion of prison sentence, written assessment of results of the serving of the prison sentence and related documents to the criminal judgment execution agency of the provincial police authority at the office of the People's Committee of the commune where such person comes to reside.

The criminal judgment execution agency of the provincial police authority must request the person subject to mandatory supervision to sign a commitment to serving the sentence and must immediately hand over such person to the commune-level People's Committee for management supervision and education.

3. Within 03 working days from the date of receipt of the convict, the criminal judgment execution agency of the provincial police authority shall prepare and deliver a mandatory supervision sentence execution dossier to the People's Committee of the commune where such person comes to reside. The application shall include:

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b) Copy of the decision to execute the prison sentence;

c) Certificate of completion of prison sentence;

d) A record of the handover of the person subject to mandatory supervision;

dd) Documents on the process of the serving of the prison sentence and other related documents.

e) Commitment of the person subject to mandatory supervision ;

g) Remarks of compliance with the mandatory supervision sentence by the convict;

h) Record of violation against mandatory supervision requirements committed by the convict (if any);

i) Decision on administrative penalty if the convict is subject to one;

k) Court decision on exemption from serving the remainder of the mandatory supervision sentence (if any);

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5. If the convict dies, the police authority of the commune where he/she resides shall report and handover the mandatory supervision sentence execution dossier to the criminal judgment execution agency of the provincial police authority to notify the Court which issued the sentence execution decision. Within 03 working days from the date of receipt of notification, the Court that issued the sentence execution decision shall issue a decision to terminate sentence execution and send it to the same-level Procuracy, the police authority of the commune where the convict resides.

Article 110. Duties and powers of People’s Committees of communes where persons subject to mandatory supervision come to reside

1. The commune-level People’s Committees shall manage, control, and educate persons subject to mandatory supervision .

2. The commune-level police authority shall directly assist the commune-level People's Committee in managing, controlling, and educating persons subject to mandatory supervision , and have the following tasks and powers:

a) Receive the convict and the mandatory supervision sentence execution dossier; organize management, control and education of the convict; enable him/her to normally work and learn in the place of mandatory supervision; make a written remark of the process of the serving of the sentence to be included in the supervision dossier;

b) Summon the convict to notify the execution of sentence; inform rights and obligations and regulations relevant to the execution of sentence;

c) Request the convict to commit and fulfill his/her obligations; take educational and preventive measures when he/she shows signs of violation; summon him/her when necessary; grant permission for him/her to leave the place of mandatory supervision under Article 115 of this Law; settling cases where the person subject to mandatory supervision leaves his/her place of residence for work or study;

d) Make and send a monthly written remark of the process of the serving of the sentence to the criminal judgment execution agency of the provincial police authority;

dd) Report to the criminal judgment execution agency of provincial police authority to request the competent Court to consider exemption from the remainder of mandatory supervision sentence;

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3. Heads of commune-level police authorities shall submit periodic reports upon request by commune-level People's Committees on the performance of their tasks and powers as prescribed in clause 1 of this Article.

Article 111. Rights and obligations of a person subject to mandatory supervision

1. Rights of persons subject to mandatory supervision include:

a) Live in the place of mandatory supervision;

b) Choose appropriate a job, except for occupation, sector or job which he/she is banned from doing or working as specified by law; enjoy his/her labor fruits.

c) Freely travel within the commune, ward, or special zone of mandatory supervision;

d) Be considered for exemption from the serving of the remainder of the mandatory supervision sentence under Article 115 of this Law.

2. Obligations of persons subject to mandatory supervision include:

a) Be subject to management, control and education by the commune-level People’s Committee, commune-level police authority and local people; refrain from leaving the place of mandatory supervision without permission;

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c) Present himself/herself at a prescribed place when summoned by the commune-level People's Committee or give a plausible reason in case of absence;

d) Strictly comply with policies, laws, and regulations of the local government; actively work, learn and reform him/herself into a person useful for the society;

dd) Declare his/her permitted temporary absence from the place of mandatory supervision upon approval; present him/herself and the written permission and register his/her temporary residence or sojourn with the police authority of the place of destination commune as prescribed; return to the place of mandatory supervision within the prescribed time limit and present him/herself to the commune-level police authority.

Article 115. Permission for persons subject to mandatory supervision to leave their places of mandatory supervision

1. When having a plausible reason, a person subject to mandatory supervision may be permitted to leave his/her place of mandatory supervision. The authority to give permission:

a) The head of the police authority of the commune where mandatory supervision takes place shall grant permission for travel within the province;

b) The head of the criminal judgment execution agency of the provincial police authority shall grant permission for travel outside the province;

2. The duration in which a person subject to mandatory supervision is permitted to be absent from the place of mandatory supervision shall be decided by the competent person but must not exceed 10 days.

In case such person needs medical treatment, his/her duration of absence from the place of mandatory supervision may be equal to the duration of medical treatment at a medical establishment.

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1. When seeking permission for working or studying outside his/her place of residence, the person subject to mandatory supervision must submit an application for permission and obtain the permission from the commune-level police authority assigned to manage, control, and educate such person. In case of refusal, they must respond in writing and clearly state the reason

2. The persons subject to mandatory supervision shall report to the commune-level police authority assigned to manage, control, and educate him/her about him/her work plan, employment contract, and study program, with confirmation from the agency, organization, or individual where he/she comes to work or study.

3. Within 3 working days of receiving approval from the commune-level police authority, such person must report to the police authority of the commune where he/she will come to work or study; upon completion of the employment contract or study program, he/she must obtain confirmation from the police authority of the commune where he/she comes to work or study.

4. The commune-level police authority or military unit assigned to manage, control, and educate the person subject to mandatory supervision must notify the criminal judgment execution agency of the provincial police authority about the decision to allow such person to leave his/her place of residence to work or study.

5. During his/her time working or studying outside their place of residence, the person serving community sentence must strictly comply with mandatory supervision requirements. If the person subject to mandatory supervision commits a violation against law at his/her place of work or study, the police authority of commune where he/she comes to work or study shall notify the commune-level police authority assigned to manage, control, and educate such person for cooperation in settling such matter.

Article 114. Action against violations committed by persons subject to mandatory supervision

1. If the convict deliberately violates the terms of community sentence as prescribed in clause 2 of Article 111 hereof, the commune-level police authority shall make a violation record and report to the criminal judgment execution agency of the provincial police authority.

Depending on nature and severity of the violation, the convict shall face penalties for administrative violations or criminal prosecution.

2. If the person subject to mandatory supervision leaves the place of mandatory supervision without the written permission or violates regulations indicated in the written permission without justifiable reasons, the leaving duration shall not be included in the time of serving mandatory supervision sentence.

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1. When person subject to mandatory supervision has met all conditions prescribed in clause 6 Article 62 of the Criminal Code, the police authority of the commune where he/she resides report to the criminal judgment execution agency of the provincial police authority to prepare and submit an application for exemption from serving the remainder of the mandatory supervision sentence to the People’s Court of the region where he/she resides for review and to the same-level Procuracy. The application shall include:

a) A copy of the legally effective judgment/decision of the Court; a copy of the prison sentence execution decision;

b) An application form made by the criminal judgment execution agency of the provincial police authority;

c) Written request of the commune-level police authority of place of mandatory supervision;

d) An application form for exemption from serving the sentence made by the person subject to mandatory supervision;

dd) Other relevant documents.

2. Within 2 days from the date of receipt of the application specified in clause 1 of this Article, the competent Chief Justice of People’s Court of shall assign a Judge to hold a meeting to review such application. Within 07 days from the date of assignment, the judge must hold a meeting to review the request for exemption from serving the remainder of mandatory supervision sentence and issue a decision on such matter; the decision must clearly state whether or not the application is accepted.

The meeting must be attended by a prosecutor from the same-level Procuracy. If the application needs to be supplemented as requested by the Court, the time limit for convening the hearing shall begin from the date of receipt of the supplemented application.

3. Within 03 working days from the date on which the decision is issued, the Court must send that decision to the convict, the same-level Procuracy, the immediate superior Procuracy, the Court that issued the execution decision, commune-level People's Committee, commune-level Police authority.

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EXECUTION OF EXPULSION SENTENCE

Article 116. Expulsion sentence execution decisions

1. In case expulsion is the main penalty or an additional penalty while the main penalty is a fine, the Court that has conducted the first-instance trial shall issue a sentence execution decision. Such a decision must clearly indicate full name and position of the decision issuer; judgment or decision to be executed; full name, date of birth and place of residence of the convict; the additional penalty(ies); and the name of the agency responsible for executing the sentence.

2. In case expulsion is an additional penalty, the sentence execution decision must fully indicate the main penalty and the additional penalty, except the case specified in clause 1 of this Article.

Article 117. Expulsion sentence execution notification

1. A court which issues an expulsion sentence execution decision under clause 1 of Article 116 hereof shall promptly send this decision to the criminal judgment execution agency of the provincial police authority and the same-level Procuracy. The criminal judgment execution agency of the provincial police authority shall deliver the sentence execution decision to the convict and promptly notify such matter to the Ministry of Foreign Affairs of Vietnam, the diplomatic mission or the consular office of the country of which the convict is a citizen or the representative office of the international organization in which he/she works, and the agency or organization that has sponsored his/her entry in Vietnam. In case the convict is held in a temporary detention camp, such decision shall be sent to the temporary detention camp for subsequent delivery to such person.

2. In case an inmate is subject to the additional penalty of expulsion under clause 2 of Article 116 hereof, 2 months before the expiration of the prison sentence term, the superintendent of the detention camp shall notify in writing to such inmate and the criminal judgment execution agency of the police authority of the province in which the detention camp is located. The criminal judgment execution agency of the provincial police authority shall notify such to the Ministry of Foreign Affairs of Vietnam, the diplomatic mission or the consular office of the country of which the person subject to the expulsion sentence is a citizen or the representative office of the international organization where he/she works, and the agency or organization that has sponsored his/her entry in Vietnam.

Article 118. Expulsion sentence execution dossiers

1. Criminal judgment execution agencies of provincial police authorities shall compile expulsion sentence execution dossiers.

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a) A copy of the legally effective judgment; the expulsion sentence execution decision or a copy of the prison sentence execution decision in case expulsion is an additional penalty;

b) A copy of the passport or a copy of a valid substitute paper of the convict;

c) Written certification of completion of other penalties or fulfillment of other obligations;

d) Other relevant documents.

Article 119. Sojourn pending exit

1. Pending his/her exit from Vietnam, a person subject to the expulsion sentence must sojourn in a place designated by the criminal judgment execution agency of the provincial police authority.

2. The criminal judgment execution agency of the provincial police authority shall send the person subject to expulsion to an accommodation establishment of the provincial police authority or the Ministry of Public Security in case he/she:

a) has no place of permanent residence or temporary residence:

b) has illegally entered the country or committed a serious, very serious or extremely serious crime;

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d) has committed an illegal act or is believed to be likely to commit an illegal act pending his/her exit;

dd) has escaped, prepared for escape, or otherwise obstructed the execution of the expulsion sentence;

e) suffers from infectious diseases category A;

g) wishes to sojourn in an accommodation establishment.

3. Procedures for sending a person subject to the expulsion sentence to an accommodation establishment:

a) In case the convict is on bail, the criminal judgment execution agency of the provincial police authority shall escort him/her to an accommodation establishment;

b) In case the convict is held in a temporary detention camp, the temporary detention camp shall, after receiving the sentence execution decision, hand over him/her to the criminal judgment execution agency of the provincial police authority to escort him/her to an accommodation establishment;

c) If the inmate subject to the additional penalty of expulsion has completed his/her prison sentence, the detention camp shall hand over him/her to the criminal judgment execution agency of the provincial police authority to escort him/her to the accommodation establishment.

4. In case a person subject to the expulsion sentence dies pending his/her exit from Vietnam, the designated accommodation establishment or place of sojourn shall promptly notify the death to the criminal judgment execution agency of the provincial police authority, an investigation authority or a competent Procuracy for identification of the cause of the death. The criminal judgment execution agency of the provincial police authority shall notify the death in writing or via fax to the Court which has issued the expulsion sentence execution decision, the Ministry of Foreign Affairs of Vietnam, the diplomatic mission or consular office of the country of which he/she is a citizen or the representative office of the international organization in which he/she works and the agency or organization which has guaranteed his/her entry in Vietnam. After obtaining permission of a competent agency, the criminal judgment execution agency of the provincial police authority shall organize his/her burial. In case his/her relative or lawful representative requests for receipt of his/her corpse for burial and bear burial expenses, the criminal judgment execution agency of the provincial police authority shall review and settlement.

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Article 120. Settlement of cases where persons subject to expulsion sentences escape

1. If a person serving a sentence escapes, the agency or unit managing him/her must immediately prepare a record and notify the criminal judgment execution agency of the provincial police authority to promptly organize the pursuit. If the pursuit is in vain, the criminal judgment execution agency of provincial police authority shall release a wanted notice within 24 hours from which such person escapes.

2. If the escaped person turns him/herself in, the receiving agency shall take a record thereon and notify such matter to the criminal judgment execution agency of the provincial police authority for the latter to receive and send him/her to an accommodation establishment.

Article 121. Compulsion of exit from Vietnamese territory

1. Upon the expiration of the time limit for a person subject to the expulsion sentence to leave the Vietnamese territory, the criminal judgment execution agency of the provincial police authority shall cooperate with a competent immigration management agency in checking the ID card of such person and escort him/her to the place of exit and compel his/her to leave the Vietnamese territory. Such person may carry along his/her lawful personal possessions on his/her exit. Within 05 days after completely executing the expulsion sentence, the criminal judgment execution agency of the provincial police authority shall notify the execution to the Court that has issued the sentence execution decision. Competent Procuracy.

2. The Court that has issued the sentence execution decision has jurisdiction to decide extension of the time limit for compelled exit from the Vietnamese territory by the convict who:

a) is seriously ill or under intensive medical care and therefore unable to move as certified by a primary- or higher-level medical establishment;

b) is currently serving another judgment or performing another obligation under Vietnam's law; or

c) cannot leave the Vietnamese territory for a plausible reason as certified by the head of the criminal judgment execution agency of the provincial police authority.

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Article 122. Expulsion expenses

Persons serving expulsion sentences shall bear all air, road, railway, and sea travel fares for their exit from the Vietnamese territory. In case such a person is unable to bear these expenses him/herself, the criminal judgment execution agency of the provincial police authority shall cooperate with the immigration management agency in requesting the diplomatic mission or consular office of the country of which such person is a citizen or the representative office of the international organization where he/she works or the agency or organization which has sponsored his/her entry in Vietnam to pay expenses for sending him/her to his/her country. In case a request has already been made but such agency or organization still fails to pay expenses and expulsion must be executed immediately for a national security reason, the head of the criminal judgment execution agency of the provincial police authority shall report such matter to the criminal judgment execution management agency of the Ministry of Public Security for decision on use of the state budget to pay air, road, railway and sea travel fares.

Chapter VII

EXECUTION OF SENTENCE OF DEPRIVATION OF CERTAIN CIVIL RIGHTS

Article 123. Procedures for execution of sentence of deprivation of certain civil rights

1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of deprivation of certain civil rights, the superintendent of the detention camp or temporary detention camp shall notify in writing the People's Committee of the commune, the police authority of the commune, the criminal judgment execution agency of the police authority of the province, People's Procuracy of the region where such inmate will come to reside of the content specified in clause 1 Article 46 hereof.

2. Immediately after an inmate subject to the additional penalty of deprivation of certain civil rights completes his/her prison sentence, the detention camp or temporary detention camp where he/she has served his/her sentence shall send a certificate of completion of the prison sentence or a copy of the judgment and a copy of the sentence execution decision to the criminal judgment execution agency of the police authority of the province where the inmate will come to reside

3. Within 03 working days from the date of receipt of documents specified in clause 2 of this Article, the criminal judgment execution agency of the police authority of the province where the convict will come to reside shall prepare a sentence execution dossier and send a copy of such dossier to the police authority of the commune where he/she will come to reside.

4. Such dossier includes:

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b) Certificate of completion of prison sentence;

c) Other relevant documents.

5. In case the person subject to the sentence of deprivation of certain civil rights is allowed to serve a suspended sentence, the Court which has issued the sentence execution decision shall send copies of the judgment and the sentence execution decision to the criminal judgment execution agency of the provincial police authority to prepare and hand over the dossier to the police authority of the commune where such person will come to reside.

6. The police authority of the commune where the convict comes to reside are responsible for managing, monitoring, and supervising the execution of sentences of the deprivation of certain civil rights as specified in the judgment of the Court; and providing a list of convicts upon request from competent agencies or units.

In case the convict changes his/her place of residence, the Commune-level Police authority shall hand over the sentence execution dossier to the criminal judgment execution agency of the Provincial Police authority for handing over to the criminal judgment execution agency of the Police authority of the province or Police authority of the commune where the convict will come to reside for further execution.

7. Three days before the end of the sentence, the commune-level police authority shall handover the sentence execution dossier to the criminal judgment execution agency of the provincial police authority to grant a certificate of completion of sentence of deprivation of certain civil rights. The certificate shall be sent to the convict, People's Committee of the commune, police authority of the commune where he/she resides, and the court that issued the sentence execution decision.

8. If the convict dies, the police authority of the commune where he/she resides shall inform such matter to the criminal judgment execution agency of the provincial police authority to notify the Court that issued the sentence execution decision.

Within 03 working days from the date of receipt of notification, the Court that issued the sentence execution decision shall issue a decision to terminate sentence execution and send it to the criminal judgment execution agency of the provincial police authority, the same-level Procuracy, the police authority of the commune where the convict resides.

Article 124. Deprivation of the right to stand for candidates for deputies to a state power agency

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Article 125. Deprivation of the right to work in a state agency

1. During the period of deprivation of the right to work in a state agency, a convict may neither apply for a job nor continue working in a state agency.

2. In case a convict who is a cadre, civil servant or public employee in a state agency is deprived of the right to work in a state agency, the agency in which he/she works shall issue a decision or request a competent state agency to issue a decision to force such person to resign from office or stop working during the period of deprivation of the right to work in a state agency.

Article 126. Deprivation of the right to serve in the people's armed force

1. A person deprived of the right to serve in the people's armed force, convict may not conscript him/herself into military service; may not be recruited to serve in the People's Public Security Force.

2. In case the convict who is serving in a People's Public Security Force agency or unit is deprived of the right to serve in the people's armed force, the competent agency/unit must issue a decision to force him/her to leave the people's armed force.

Chapter VIII

EXECUTION OF SENTENCE OF PROHIBITION OF HOLDING CERTAIN POSITIONS, PRACTICING CERTAIN PROFESSIONS, OR PERFORMING CERTAIN JOBS

Article 127. Procedures for execution of sentence of prohibition of holding certain positions, practicing certain professions, or performing certain jobs

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2. Immediately after an inmate subject to the additional penalty of prohibition of holding certain positions, practicing certain professions or performing certain jobs complete his/her prison sentence, the detention camp or temporary detention camp shall send a certificate of completion of prison sentence or a copy of the judgment and a copy of the sentence execution decision to the criminal judgment execution agency of the police authority of the province, the People’s Procuracy of the region where this inmate will come to reside or to the criminal judgment execution agency and the Military Procuracy of the military zone where such inmate works.

For person subject to the additional penalty of prohibition of holding certain positions, practicing certain professions or performing certain jobs and subject to a main penalty such as a warning, fine, community sentence, or suspended prison sentence, the prohibition period shall begin from the date the judgment comes into force. The court issuing the sentence execution decision must send the judgment and sentence execution decision to the criminal judgment execution agency of the police authority of the province, the People's Procuracy of the region where the person resides, or the criminal judgment execution agency and military Procuracy of the military zone where the person works.

3. Within 03 working days from the date of receipt of documents specified in clause 2 of this Article, the criminal judgment execution agency of the provincial police authority or the military zone shall prepare a sentence execution dossier and send a copy of such dossier to the police authority of the commune where the convict reside or the military unit where he/she works. The dossier shall include:

a) A copy of the legally effective judgment; a copy of the prison sentence execution decision;

b) Certificate of completion of prison sentence;

c) Other relevant documents.

4. The commune-level police authority or the criminal judgment execution agency of the military zone shall manage, monitor, and supervise the execution of sentence of prohibition of holding certain positions, practicing certain professions, or performing certain jobs under a judgment of the Court. During the serving time, if the convict is found holding a prohibited position, practicing a prohibited profession or performing a prohibited job, the commune-level police authority or the criminal judgment execution agency of the military zone shall notify his/her place of work of such violation to compel him/her to strictly serve the judgment.

5. In case the convict changes his/her place of residence, the Commune-level Police authority shall report and hand over the sentence execution dossier to the criminal judgment execution agency of the Provincial Police authority for handing over to the criminal judgment execution agency of the Police authority of the province or Police authority of the commune where the convict will come to reside for further execution.

6. Three days before the end of the sentence, the commune-level police authority or the military unit shall handover the sentence execution dossier to the criminal judgment execution agency of the provincial police authority or the military zone to grant a certificate of completion of sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs. The certificate shall be sent to the convict, People's Committee of the commune, police authority of the commune where he/she resides, the agency, organization or military unit in which he/she works and the court that issued the sentence execution decision.

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Within 03 working days from the date of receipt of notification, the Court that issued the sentence execution decision shall issue a decision to terminate sentence execution and send it to the criminal judgment execution agency of the provincial police authority or the military zone, the same-level Procuracy, commune-level police authority or military unit where the convict works.

Article 128. Obligations of a person serving sentence of prohibition of holding certain positions, practicing certain professions, or performing certain jobs

1. Report on positions, professions or jobs he/she is prohibited from holding, practicing or performing to agencies or organizations where he/she work and to the People's Committee of the commune where he/she resides.

2. Refrain from further holding, practicing, or doing or be forced to refuse holding, practicing, or doing certain positions, professions, or jobs prohibited.

3. Refrain from standing for the prohibited positions.

4. Report the People’s Committee of commune where he/she resides in case he/she no longer works for his/her agencies or organizations or changes his/her resides workplaces.

5. Present himself/herself when being summoned by competent authorities in relation to their judgment execution.

Article 129. Responsibilities for execution of sentence of prohibition of holding certain positions, practicing certain professions, or performing certain jobs

1. The agency or organization where a convict works shall:

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b) Refrain from nominating, promoting, appointing or arranging him/her to a position, job or profession from which he/she is prohibited;

c) Report sentence execution results to the commune-level police authority or the criminal judgment execution agency of the military zone;

d) Notify the agency or organization in which he/she is transferred to work of his/her serving of the sentence. This agency or organization shall comply with points a, b and c of this clause.

2. The People's Committee of commune where a convict resides shall:

a) Publicly notify the judgment in the commune in which he/she comes to reside;

b) Report on judgment execution results to the criminal judgment execution agency of the provincial police authority;

d) In case he/she moves to a new place of residence, notify the People's Committee in the commune where he/she moves to of his/her serving of the sentence. The police authority of such commune shall comply with points a and b of this clause.

Chapter IX

EXECUTION OF MEASURE OF COMPULSORY MEDICAL TREATMENT

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1. The decision on application of measure of compulsory medical treatment shall include: The court's decision and the Procuracy's decision on the application of measure of compulsory medical treatment.

2. The decision to apply the measure of compulsory medical treatment must clearly state the name of the agency, the full name and title of the person issuing the decision; the full name, date of birth, and place of residence of the person subject to compulsory medical treatment; and the name of the agency responsible for execution.

3. Within 3 working days from the date of issuance of a decision, the decision-issuing agency shall send the decision to the following individuals and agencies:

a) Person subject to compulsory medical treatment, his/her representative;

b) The same-level Procuracy in cases where the Court issues a decision;

c) The criminal judgment execution agency of the police authority of the province where the person subject to compulsory medical treatment resides;

d) The medical establishment designated to provide compulsory medical treatment;

dd) The agency that requests the Court or the Procuracy to apply the measure of compulsory medical treatment.

Article 131. Agencies and organizations assigned with the execution of measures of compulsory medical treatment

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Article 132. Tasks and powers of the Procuracy in executing measures of compulsory medical treatment

1. Tasks and powers of Procuracies over application and execution of measures of compulsory medical treatment shall comply with regulations of this Chapter.

2. Procuracies shall supervise the observance of law by agencies, organizations, and individuals during execution of measures of compulsory medical treatment under this Law and relevant laws.

Article 133. Satisfaction of conditions for execution of measures of compulsory medical treatment

The State shall fully provide facilities and funds for execution of measures of compulsory medical treatment.

Article 134. Authority to request application of the judicial measure of compulsory medical treatment, and dossiers on sending persons to medical establishments for compulsory medical treatment

1. Jurisdiction to request application of the measure of compulsory medical treatment is prescribed as follows:

a) The agency that has accepted and is handling a lawsuit at the stage of investigation has the authority to request application of such measure by the competent Procuracy;

b) The detention camp or temporary detention camp of the Ministry of Public Security or detention camp of the Ministry of Defense or the criminal judgment execution agency of the provincial police authority or military zone at the stage of sentence execution has the authority to request application of such measure by a People's Court of the region or the military court of the military zone where the inmate serves the sentence.

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a) A decision of a Procuracy or Court to apply the measure of compulsory medical treatment;

b) Forensic examination conclusion; clinical forensic examination conclusion;

c) Personal record, suspect record, or inmate record of the person subject compulsory medical treatment;

d) Other relevant documents.

3. The Court or Procuracy which has decided at its own initiative to apply the measure of compulsory medical treatment shall prepare a dossier and request an agency currently handling the lawsuit at the stage of investigation or a detention camp or temporary detention camp at the stage of sentence execution to send the person to an medical establishment for compulsory medical treatment.

Article 135. Sending persons to medical establishments for compulsory medical treatment

1. Upon receiving a decision to apply the measure of compulsory medical treatment, the agency currently handling a lawsuit at the stage of investigation or the detention camp or temporary detention camp at the stage of sentence execution or the criminal judgment execution agency of the provincial police authority or the military zone in the case of postponement or suspension of the execution of the prison sentence shall hand over the person subject to compulsory medical treatment and his/her dossier to a medical establishment designated under a Procuracy or Court’s decision, and concurrently send a copy of the decision to apply the measure of compulsory medical treatment to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense if the person subject to compulsory medical treatment is an inmate.

2. The medical establishment designated by the Procuracy or Court shall receive the person subject to compulsory medical treatment and his/her dossier, and make a record on the handover and receipt. The agency responsible for sending the person to the medical establishment shall notify his/her family of the medical establishment in which he/she is receiving the medical treatment.

When receiving a person subject to compulsory medical treatment, the designated medical establishment shall:

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b) Make a record on the handover and receipt of the person subject to compulsory medical treatment; a record on handover of the dossiers and documents;

c) Organize a health examination for the person subject to compulsory medical treatment. If the required documents as stipulated in Clause 2, Article 134 of this Law are incomplete, the medical establishment shall request the agency proposing the application of the measure of compulsory medical treatment to provide supplement documents.

3. The actual time spent on compulsory medical treatment by the inmate at the medical establishment shall be included in the time of serving prison sentence.

If the duration of compulsory medical treatment at a medical establishments of a person serving prison sentence is equal to or longer than his/her prison sentence, the detention camp, temporary detention camp, criminal judgment execution agency of the provincial police authority or the military zone that requested the application of the measure of compulsory medical treatment shall issue a certificate of completion of the prison sentence.

Article 136. Organization of management and treatment for persons subject to compulsory medical treatment

1. Medical establishments shall manage and organize medical treatment for persons subject to compulsory medical treatment and must not discriminate against these persons.

2. During the compulsory medical treatment, family of the person subject to compulsory medical treatment may meet and cooperate in taking care of such person and must strictly comply with the regulations on patient visits and care of the medical establishment.

If the medical establishment has grounds to believe that the person subjected to compulsory medical treatment does not suffer from the disease as concluded in the forensic and forensic psychiatric examination, it may request the agency that issued the decision to apply the compulsory medical treatment for a re-examination.

3. In case a person subject to compulsory medical treatment escapes, the medical establishment shall make a record thereon and promptly notify such matter to the agency which has requested application of the measure of compulsory medical treatment, police authority of the commune where the medical establishment is located, police authority of the commune where he/she resides and his/her family for cooperation in pursuing and sending him/her back to the medical establishment.

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4. The Government shall provide for measures for managing person subject to compulsory medical treatment during their treatment at medical establishments.

Article 137. Termination of execution of the measure of compulsory medical treatment

1. When a person subject to compulsory medical treatment has fully recovered or is capable of understanding and controlling their behavior, the head of the medical establishment shall notify such matter to the agency that has requested application of this measure to conduct forensic and forensic psychiatric examination for such person.

Based on the forensic and forensic psychiatric examination conclusion that such person has fully recovered, the agency that has requested application of the measure of compulsory medical treatment shall request the Court or Procuracy that has issued the decision to apply such measure to issue a decision to terminate the execution of such measure.

2. The Court or Procuracy that has issued the decision to terminate the execution of the measure of compulsory medical treatment shall send this decision to the agency that has requested application of this measure for subsequent notification to the medical establishment and family of the person subject to the measure.

3. After receiving the termination decision from the Court, the agency that has requested application of the measure of compulsory medical treatment shall come to receive the person subject to compulsory medical treatment. The handover and receipt must be recorded, clearly indicating the duration of medical treatment at the medical establishment.

4. If the decision to apply the measure of compulsory medical treatment is cancelled, the medical establishment shall hand over the person subject to compulsory medical treatment to the agency that requested the application of such measure.

Article 138. Settlement of cases where a person subject to compulsory medical treatment dies

1. In case a person subject to compulsory medical treatment dies, the head of the medical establishment shall promptly notify such matter to the competent Procuracy or investigation authority to identify the cause of the death and notify it to the family of the person and the agencies specified in clauses 1 and 3 of Article 134 of this Law.

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Chapter X

EXECUTION OF SENTENCES AGAINST CORPORATE JURIDICAL PERSONS

Article 139. Agencies assigned to execute sentences

1. The criminal judgment execution agency of the provincial police authority or the military zone shall impose penalties and execute judicial measures as prescribed in Articles 78, 79, 80, 81 and point b, point c clause 1 of Article 82 of the Criminal Code in accordance with this Law.

2. Civil judgment execution agencies shall impose fines as prescribed in Article 77 and execute judicial measures as prescribed in point a clause 1 of Article 82 of the Criminal Code in accordance with laws on civil judgment execution.

Article 140. Decisions to execute sentences

1. A decision to execute a sentence must clearly indicate the full name of the decision maker; the judgment or decision to be executed; name of criminal judgment execution agency; name, address, enterprise identification number, tax identification number; main and additional penalties, judicial measures; and sentence term.

2. Within 03 working days from the date of issuance of the sentence execution decision, the civil Court shall send this decision to the following agencies and organizations:

a) The sentenced corporate juridical person;

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c) The same-level Procuracy;

d) National enterprise registration portal.

Article 141. Procedures for sentence execution

1. The sentenced corporate juridical person shall carry out the following procedures:

a) Upon summoned by the criminal judgment execution agency to be notified and requested to execute a penalty or judicial measure, the legal representative of the corporate juridical person shall present himself/herself, except for force majeure events or objective hindrance;

b) Within 3 working days from the date of receipt of the sentence execution decision, the corporate juridical person shall announce such decision on its website, publication and post it up publicly at the head office and business location of the corporate juridical person during the serving time; and notify relevant agencies, organizations, and individuals of its serving of the penalty or judicial measure;

c) The corporate juridical person must suspend its operation in one or certain lines of business subject to suspension of operation under the legally effective judgment or decision of the court;

d) The corporate juridical person must shut its operation down in one or certain lines of business or the entire operation subject to permanent shutdown under the legally effective judgment or decision of the court;

dd) The commercial juridical person prohibited from doing business or operating in certain business lines and/or fields is not allowed to continue doing business or operating in such business lines and/or fields for the period under the judgment or decision of the Court. The corporate juridical person may not resume its business or operation from the date on which the court’s judgment or decision come into force:

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g) The corporate juridical person subject to the juridical measure must restore original state or implement some measures for recover from and preventing consequences under the legally effective judgment or decision of the court;

h) The corporate juridical person must report in writing to the criminal judgment execution agency and state regulatory authority on its serving of the penalty(ies) and/or judicial measure(s) under the legally effective judgment or decision of the court;

i) Follow other procedures as prescribed in relevant laws.

2. The criminal judgment execution agency shall carry out the following procedures:

a) Immediately after receiving the sentence execution decision, the criminal judgment execution agency shall publish such decision on its website and summon the legal representative of the corporate juridical person to give notification and request sentence execution. If the legal representative of corporate legal entity who was duly summonsed does not present him/herself, the criminal judgment execution agency shall make a record on his/her absence and keep executing the sentence;

b) Within 05 working days from the date of receipt of the sentence execution decision, the criminal judgment execution agency shall request the state regulatory authority supervising the corporate juridical person in writing to implement one or certain measures prescribed in Article 145 of this Law;

c) Take charge and cooperate with the state regulatory authority supervising the corporate legal entity and other relevant agencies in inspecting and supervising the corporate juridical person’s serving of the sentence;

d) Issue a decision on enforcement of sentence as prescribed in this Law; take charge and cooperate with the state regulatory authority supervising the corporate juridical person and other agencies relevant to the enforcement of sentence against the corporate juridical person as prescribed in this Law and relevant laws;

dd) Issue a certificate of completion of sentence or certificate of completion of judicial measure, publish and send them as prescribed in Article 140 hereof; In cases where a commercial juridical person is permanent shutdown, after the state regulatory authority for the commercial juridical person implements the measures stipulated in point b, clause 1, Article 145 of this Law, the criminal judgment execution agency of the provincial police authority or the military zone shall issue a notice of termination of the sentence execution;

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3. The state regulatory authority supervising the corporate juridical person shall follow procedures below:

a) Implement the measures prescribed in Article 145 of this Law after receiving a written request from the criminal judgment execution agency enclosed with a copy of sentence execution decision and notify the criminal judgment execution agency of the result;

b) Promptly publish the decision on execution of sentence, measure(s) applied to the corporate juridical person prescribed in Article 138 hereof, the certificate of completion of the penalty and the certificate of completion of judicial measure on its web portal, website and the national enterprise registration portal;

c) Cooperate with the criminal judgment execution agency and other relevant agencies in inspecting and supervising the corporate juridical person’s serving of the sentence;

d) Cooperate with the criminal judgment execution agency and other agencies relevant to the coercive execution of sentence against the corporate juridical person as prescribed in this Law and relevant laws;

dd) Follow other procedures as prescribed in relevant laws.

4. The Government shall elaborate this Article.

Article 142. Sentence execution dossier

The criminal judgment execution agency of the provincial police authority or the military zone shall prepare a sentence execution dossier for corporate juridical person. The dossier shall include:

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2. Sentence execution decision;

3. Summons against legal representative of the corporate juridical person;

4. Document requesting the state regulatory authority supervising the corporate legal entity to perform their tasks and powers in sentence execution prepared by the criminal judgment execution agency;

5. Notification given by the state regulatory authority supervising the corporate juridical person of its sentence execution and the corporate juridical person’s serving of the sentence;

6. A report on serving of sentence, made by the corporate juridical person;

7. Document indicating the disclosure of sentence execution as per this Law;

8. Sentence execution record;

9. Document(s) on coercive sentence execution (if any);

10. Document(s) on completion of penalties and/or completion of judicial measures as per this Law;

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Article 143. Rights and obligations of a sentenced corporate juridical person

1. A sentenced corporate juridical person shall have the following rights:

a) Receive sentence execution notification;

b) Receive relevant decisions during his/her serving of the sentence;

c) Lodge a complaint about the sentence execution;

d) Be issued with a certificate of completion of penalty or certificate of completion of judicial measure as prescribed in this Law;

dd) Receive compensation for damage as prescribed in laws on state compensation liability.

2. A sentenced corporate juridical person shall have the following obligation:

a) Strictly comply with the legally effective judgment or decision of the court; decision or request of the competent authority during the sentence execution;

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c) Publish and post the sentence execution decision; notify the execution of penalty and judicial measure to relevant agencies, organizations, and individuals as prescribed in this Law;

d) Report on sentence execution to the criminal judgment execution agency.

3. The sentenced corporate juridical person has other rights and obligations under this Law and other regulations of relevant laws.

Article 144. Coercive sentence execution

1. The sentenced corporate juridical person who fails to serve or has incompletely served the judgment or decision of the court shall be subject to coercive execution. The corporate juridical person must the bear expenses incurred in the coercive execution.

2. The criminal judgment execution agency shall issue a decision on application of coercive sentence execution.

3. The Government shall elaborate this Article.

Article 145. Responsibilities of the state regulatory authority supervising the corporate juridical person

1. According to the judgment and sentence execution decision and the written request made by the criminal judgment execution agency, the state regulatory authority supervising the corporate juridical person shall, within jurisdiction, implement one or some measures below:

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b) Revoke or cancel the registration of the corporate juridical person or other equivalent document; revoke the business registration certificate of the corporate juridical person, do not reissue the establishment and operation license to the corporate juridical person subject to permanent shutdown; apply other measures as per the law to ensure permanent shutdown under the judgment or decision of the court;

c) Cancel the registration; amend, suspend, revoke, refuse or refuse to reissue any or all of the license(s) or other equivalent document (s); terminate partly or wholly lines of business, operation of the corporate juridical person during the period of prohibition of operating or doing business in certain fields; apply other measures as per the law to ensure prohibition of doing business or operation under the judgment or decision of the Court;

d) At their discretion or at the request of relevant agencies/organizations, amend, terminate, cancel, or revoke the license; refuse to issue license, approve or implement capital raising during the prohibition period; apply other measures as prescribed by law to ensure prohibition of raising capital under the judgment or decision of the Court;

dd) Implement measures as prescribed by law to ensure the restoration of original state or implement some measures for recovering from and preventing consequences under the legally effective judgment or decision of the Court.

2. Cooperate with the criminal judgment execution agency and other relevant agencies in inspecting and supervising the corporate juridical person’s serving of penalty or juridical measure.

3. Notify the criminal judgment execution agency in writing of its sentence execution and the corporate juridical person’s serving of the sentence.

4. Cooperate with the criminal judgment execution agency and other agencies relevant to the coercive sentence execution against the corporate juridical person as prescribed in this Law and relevant laws.

5. Publish decisions and documents issued by the criminal judgment execution agency and measures which are applied to the corporate juridical person as prescribed in this Law.

6. The Government shall elaborate this Article.

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1. If the sentenced corporate juridical person engages in partial or total division, merger, acquisition, or conversion of type of business as prescribed by law, the successor that takes on rights and obligations of the sentenced corporate juridical person (predecessor) shall discharge the sentence execution obligation as prescribed in this Law and other regulations of relevant laws. The corporate juridical person must not misuse the partial or total division, merger, acquisition, conversion of business type, dissolution or bankruptcy to evade the sentence execution obligation.

2. The Government shall elaborate this Article.

Article 147. Issuance of certificate of completion of sentence and certificate of completion of judicial measure

1. A corporate juridical person that has completed the penalty or judicial measure shall be issued with a certificate of completion of sentence or certificate of completion of judicial measure, unless the corporate juridical person is sentenced to permanent shutdown in accordance with the Criminal Code.

2. Within 03 working days from the date on which the certificate of completion of sentence or certificate of completion of judicial measure is issued to the corporate juridical person, the criminal judgment execution agency shall publish it on its website and send it to the state regulatory authority supervising the corporate juridical person, the court which has issued the sentence execution decision, and the agencies prescribed in point d and point dd clause 2 Article 140 of this Law.

Chapter XI

SUPERVISION OF EXECUTION OF CRIMINAL JUDGMENTS

Article 148. Tasks and powers of Procuracies in supervision of execution of criminal judgments

1. Request the competent Courts to issue decisions to execute criminal judgments in accordance with law; request the Courts, criminal judgment execution agencies, agencies and organizations assigned certain tasks of criminal judgment execution to self-inspect their criminal judgment execution and notify results to Procuracies; provide dossiers and documents related to criminal judgment execution.

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3. Decide the immediate release of persons currently serving prison sentences that are found ungrounded and illegal.

4. Request exemption from, postponement, suspension or termination of sentences; participate in the meeting for consideration of reduction of the term of or exemption from serving sentences, parole, cancellation of decisions on parole, enforced serving of the original sentences, or reduction of the probation period.

5. Submit appeals, petitions or requests regarding the execution of criminal judgments by Courts, criminal judgment execution agencies, agencies assigned certain tasks of criminal judgment execution, competent persons and relevant agencies, organizations, persons in criminal judgment execution; request termination of the execution, amendment or annulment of unlawful decisions in the criminal judgment execution; stop illegal acts.

6. Receive and settle complaints about and denunciations of management and education of persons serving prison sentences; supervise the observance of law during the settlement of complaints about and denunciations of criminal judgment execution.

7. Institute lawsuits or request investigation authorities to institute criminal lawsuits upon detecting signs of crime during the criminal judgment execution under law.

8. Perform other tasks and powers over supervision of criminal judgment execution.

Article 149. Supervision of settlement of complaints and denunciations during criminal judgment execution

1. Procuracies shall directly supervise the settlement of complaints and denunciations by Courts, criminal judgment execution management agencies, criminal judgment execution agencies, and agencies assigned certain tasks of criminal judgment execution.

2. When supervising the settlement of complaints and denunciations during the criminal judgment execution, Procuracies may request Courts, criminal judgment execution management agencies, criminal judgment execution agencies, and agencies assigned certain duties of criminal judgment execution to:

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b) Inspect the settlement of complaints and denunciations within their jurisdiction and by their subordinates; notify settlement results to Procuracies;

c) Provide dossiers and documents relevant to the settlement of complaints and denunciations to Procuracies.

Article 150. Responsibilities for settlement of requests, appeals, petitions of Procuracies regarding criminal judgment execution

1. With regard to requests which require Courts to issue decisions to execute criminal judgments and provide dossiers and documents related to criminal judgment execution, the Courts must settle them immediately; with regard to requests which require Courts, criminal judgment execution agencies, agencies assigned certain tasks of criminal judgment execution to self-inspect their criminal judgment execution and notify results to Procuracies, the entities concerned must settle them within 30 days from the date of receipt of these requests.

2. With regard to a decision prescribed in clause 3 of Article 148 of this Law, the criminal judgment execution agency must execute it immediately; if the agency does not concur with that decision, it still has to execute it but it has the right to submit a petition to the immediate superior Procuracy. Within 10 days from the date of receipt of such petition, the Chief Procurator of immediate superior Procuracy shall settle it.

3. Regarding appeals against decisions on reducing the term of imprisonment, exemption from imprisonment, parole, cancelation of parole decisions, enforced execution of original prison sentences, or reduction of the probation period as stipulated in Clause 4 of Article 148 of this Law, the settlement of appeals shall be carried out in accordance with the laws on criminal procedure.

4. Regarding appeals against court decisions on postponing, suspending, or terminating sentence execution as specified in Clause 4 of Article 148 of this Law and appeals as specified in Clause 5 of Article 148 of this Law, the Court, criminal judgment execution agency, agency assigned certain tasks of criminal judgment execution shall respond in writing within 15 days from the date of receipt of the appeal; if it does not concur with that appeal, the concerned agency has the right to submit a complaint to the immediate superior Procuracy; the immediate superior Procuracy shall settle it within 15 days from the date of receipt of the complaint. The decision issued by the immediate superior Procuracy must be executed.

5. With regard to petitions prescribed in clause 5 Article 148 of this Law, it must be reviewed, settled and answered in writing within 30 days from the date of receipt of such petitions.

Chapter XII

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Article 170. Satisfaction of conditions of payrolls, training, and refresher training provided for criminal judgment execution officers

1. The State shall assure necessary payrolls and personnel for criminal judgment execution management agencies and criminal judgment execution agencies.

2. Persons engaged in criminal judgment execution must be provided with professional training and necessary legal knowledge for their assigned duties and powers.

Article 152. Satisfaction of conditions of facilities for criminal judgment execution

1. Based on requirements for criminal judgment execution, areas of operation and socio-economic conditions, the State shall provide facilities for criminal judgment execution management agencies and criminal judgment execution agencies, including land, offices, and other works; equipment, weapons, supporting instruments, vehicles, communications and professionally technical equipment and other physical and technical conditions. It shall prioritize provision of facilities for agencies located in mountainous areas, border regions, islands, areas with disadvantaged socio-economic conditions, areas with particularly disadvantaged socio-economic conditions, and areas of strategic importance to national security, public order, and social safety.

2. Based on socio-economic conditions, needs, and the capacity to provide digital technology services in each period, the Government shall provide for the use and application of science, technology, and digital transformation in criminal judgment execution activities.

Article 153. Equipping and using weapons, professionally technical equipment and supporting instruments in criminal judgment execution

While executing criminal judgments, officers, non-commissioned officers, professional servicemen and soldiers of the People's Public Security Force and the People's Army shall be equipped with and allowed to use weapons, professionally technical equipment and supporting instruments in accordance with law.

Article 154. Criminal judgment execution database

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2. Development, data collection, storage, processing, protection, access and use of the criminal judgment execution database shall be specified by the Government.

Article 155. Satisfaction of conditions of funds for criminal judgment execution

The State shall allocate funds for criminal judgment execution activities. The estimation, use and statement of funds for criminal judgment execution activities shall comply with the Law on the State Budget.

Chapter XIII

SETTLEMENT OF COMPLAINTS ABOUT AND DENUNCIATIONS OF EXECUTION OF CRIMINAL JUDGMENTS

Section 1. COMPLAINTS ABOUT EXECUTION OF CRIMINAL JUDGMENTS AND SETTLEMENT THEREOF

Article 156. Right to complain about execution of criminal judgments

1. Criminally sentenced persons/corporate juridical persons, and other related agencies, organizations and individuals (hereinafter referred to as “complainants”) may lodge complaints about decisions or acts issued/committed by agencies and persons having jurisdiction to execute criminal judgments if they have grounds to believe that these decisions or acts are unlawful and infringe upon their lawful rights and interests. The complaint of a sentenced corporate juridical person shall be lodged by the legal representative of the corporate juridical person.

2. The prescriptive period for lodging first-lime complaint is 30 days after receiving or becoming aware of a decision on or an act of criminal judgment execution, which the complainant considers unlawful. Regarding subsequent complaints, the applicable prescriptive period is 15 days after receiving a complaint settlement decision from a competent person.

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Article 157. Cases in which a complaint about execution of criminal judgment is not accepted for settlement

1. The complained decision or act is not directly related to the lawful rights and interests of the complainant.

2. The complainant has neither full legal capacity nor a lawful representative, unless otherwise provided by law.

3. The representative has no proof of his/her lawful representation.

4. The prescriptive period for lodging the complaint has expired.

5. The complaint has been already settled under a legally effective decision.

Article 158. Authority to settle complaints about execution of criminal judgments

1. Presidents of commune-level People's Committees shall settle complaints about unlawful decisions or acts issued/committed by agencies, organizations and individuals assigned to manage, supervise and educate persons serving criminal judgments within their communes, wards or special zone.

2. The head of the criminal judgment execution agency of the provincial police authority shall settle complaints about:

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b) Unlawful decisions or acts issued/committed by presidents of commune-level People's Committees, commune-level police authorities, the commune-level People's Committees, commune-level police authorities which are assigned by the Courts to manage, supervise and educate convicts;

c) Complaint settlement decisions issued by presidents of commune-level People's Committees, commune-level police authorities that are assigned by the Courts to manage, supervise and educate convicts.

d) Unlawful decisions or acts issued/committed by competent agencies/persons in criminal judgment execution regarding corporate juridical persons.

3. The head of provincial police authority shall settle complaints about:

a) Unlawful decisions or acts issued/committed by the head of criminal judgment execution agency of provincial police authority;

b) Complaint settlement decisions issued by the head of criminal judgment execution agency of provincial police authority.

4. The head of criminal judgment execution agency of the Ministry of Public Security shall settle complaints about unlawful decisions or acts issued/committed by officers, non-commissioned officers and soldiers under the management of the criminal judgment execution agency of the Ministry of Public Security, except the case specified in clause 6 of this Article;

5. The Minister of Public Security shall settle complaints about the following decisions and acts, except the case specified in clause 6 of this Article:

a) Unlawful decisions or acts issued/committed by the head of the criminal judgment execution management agency of the Ministry of Public Security;

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6. Chief Procurators of provincial-level, military zone-level and regional People’s Procuracies shall settle complaints about unlawful decisions or acts issued/committed by persons assigned to manage, supervise and educate inmates during the performance of their assigned duties.

The Chief Procurator of provincial Procuracy shall settle complaints about complaint settlement decisions issued by chief procurators of regional People’s Procuracies. The Prosecutor General of the Supreme People’s Procuracy, the Chief Procurator of the Central Military Procuracy shall settle complaints about complaint settlement decisions issued by chief procurators of provincial People’s Procuracy and military zone-level Military Procuracy. Complaint settlement decisions issued by chief procurator of higher-level Procuracies are legally effective for execution.

Article 159. Authority to settle complaints about execution of criminal judgments in the People's Army

1. The head of criminal judgment execution agency of the military zone shall settle complaints about unlawful decisions or acts issued/committed by officers, professional servicemen, non­-commissioned officers and soldiers of the military unit and criminal judgment execution agency of the military zone during criminal judgment execution, except the case specified in clause 6 of Article 158 of this Law.

2. Military zone commanders and holders of equivalent ranks shall settle complaints about the following decisions and acts, except for the case specified in clause 6 of Article 158 of this Law:

a) Unlawful decisions or acts issued/committed by heads of criminal judgment execution agencies of military zones;

b) Complaint settlement decisions issued by heads of criminal judgment execution agencies of military zones.

3. The head of the criminal judgment execution management agency of the Ministry of National Defense shall settle complaints about unlawful decisions or acts issued/committed by officers, non­commissioned officers, professional servicemen and soldiers under the management of the criminal judgment execution management agency of the Ministry of National Defense, except the case specified in clause 6 of Article 158 of this Law.

4. The Minister of National Defense shall settle complaints about the following decisions and acts, except for the case prescribed in clause 6 of Article 158 of this Law:

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b) Unlawful decisions or acts issued/committed by military zone commanders and holders of equivalent ranks;

c) Complaint settlement decisions issued by the head of the criminal judgment execution management agency of the Ministry of National Defense, military-zone commanders and holders of equivalent ranks.

Article 160. Rights and obligations of complainants during the criminal judgment execution

1. A complainant has the following rights:

a) Lodge his/her complaint or authorize his/her lawful representative to do so in any stage of the criminal judgment execution process;

b) Revoke his/her complaint at any stage of the complaint settlement process;

c) Receive written responds on settlement of complaints and receive complaint settlement decisions;

d) Have his/her infringed lawful rights and interests restored and receive compensations for damage in accordance with law.

2. A complainant has the following obligations:

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b) Abide by legally effective complaint settlement decisions.

Article 161. Rights and obligations of complainees during the criminal judgment execution

1. A complainee has the following rights:

a) Be notified of the complaint details;

b) Present proof of the lawfulness of his/her complained criminal judgment execution decision or act;

c) Receive a complaint settlement decision.

2. A complainee has the following obligations:

a) Explain his/her complained criminal judgment execution decision or act, and provide relevant information and documents at the request of competent agencies, organizations and individuals;

b) Abide by legally effective complaint settlement decisions;

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Article 162. Tasks and powers of persons having authority to settle complaints about execution of criminal judgments

1. Receive and settle complaints about criminal judgment execution decisions or acts.

2. Request complainants and complainees to give explanations and provide information and documents relevant to complaints.

3. Notify in writing the acceptance of complaints for settlement and send settlement decisions to complainants.

4. c) Take accountability to law for the reported contents and provided information and documents;

Article 163. Time limit for settlement of complaints about execution of criminal judgments

1. The time limit for settlement of a first-time complaint is 15 days from the date on which this complaint is accepted for settlement.

2. The time limit for settlement of a second-time complaint is 30 days from the date on which this complaint is accepted for settlement.

3. When necessary, regarding a complicated case, the time limit for settlement of a complaint specified in clause 1 or clause 2 of this Article may be extended up to 30 days.

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