Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides the principles, order and procedures, organization, tasks and powers of competent agencies in the execution of judgments and decisions on prison sentence, the death sentence, caution, non-custodial reform, residence ban, probation, expulsion, deprivation of certain civil rights, ban from holding certain positions, practicing certain professions or doing certain jobs, suspended sentence and judicial measures; and the rights and obligations of persons serving criminal sentences or subject to judicial measures; and responsibilities of agencies, organizations and individuals involved in the execution of criminal judgments or judicial measures.
Article 2. Executable judgments and decisions
1. Judgments and decisions which have become legally effective and have had execution decisions:
a/ Judgments or parts of judgments of first-instance courts which are not appealed or protested against according to appellate procedures;
b/ Judgments of appellate courts;
c/ Cassation or reopening decisions of courts.
2. Court judgments or decisions to be executed without delay under the Criminal Procedure Code.
3. Decisions of Vietnamese courts to receive persons currently serving prison sentences in a foreign country to Vietnam to serve their sentences in Vietnam, which have had execution decisions; decisions to transfer persons currently serving a prison sentence in Vietnam to a foreign country.
4. Judgments or decisions to apply judicial measures of compulsory medical treatment, education in a commune, ward or township and sending to a reformatory.
Article 3. Interpretation of terms
In this Law. the terms below arc construed as follows:
1. Sentenced person means the person who has been convicted of a crime and subjected to a penalty under a legally effective judgment.
2. Inmate means the person currently serving a termed prison sentence or the life sentence.
3. Execution of prison sentence means that a competent agency or person defined in this Law subjects an inmate to incarceration management; education and reformation in order to turn him/ her into a person useful to the society.
4. Execution of the death sentence means that a competent agency deprives under this Law a sentenced person of the right to live.
5. Execution of suspended sentence means that a competent agency or person defined in this Law supervises and educates a person subjected to a suspended sentence during the probation term.
6. Execution of non-custodial reform sentence means that a competent agency or person defined in this Law supervises and educates a sentenced person in a commune, ward or township and deducts his/her incomes into the state budget under a legally effective judgment.
7. Execution of residence ban sentence means that a competent agency or person defined in this Law compels a sentenced person not to temporarily or permanently reside in certain localities under a legally effective judgment.
8. Execution of probation sentence means that a competent agency or person defined in this Law compels a sentenced person to reside and cam a living in a certain locality under the control and education of the local administration and people under a legally effective judgment.
9. Execution of expulsion sentence means that a competent agency or person defined in this Law compels a sentenced person to leave the territory of the Socialist Republic of Vietnam under a legally effective judgment.
10. Execution of the sentence of deprivation of certain civil rights means that a competent agency defined in this Law deprives a sentenced person of certain civil rights under a legally effective judgment.
11. Execution of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs means that a competent agency defined in this Law compels a sentenced person not to hold certain positions, practice certain professions or perform certain jobs under a legally effective judgment.
12. Execution of the judicial measure of compulsory medical treatment means that a competent agency or person defined in this Law compels a person who has committed an act dangerous for the society or a sentenced person who suffers a mental disease or another disease that has deprived him/her of the perception or act control capacity to receive treatment at a compulsory medical treatment establishment under a court or procuracy judgment or decision.
13. Execution of the judicial measure of education in a commune, ward or township means that a competent agency or person defined in this Law compels a minor offender who is not subjected to a penalty to be supervised and educated in a commune, ward or township under a court judgment or decision.
14. Execution of the judicial measure of sending to a reformatory means that a competent agency or person defined in this Law confines a minor offender who is not subjected to a penalty to a reformatory for education under a court or procuracy judgment or decision.
15. Escort for judgment execution means the compelling of a person subject to a prison sentence, the death sentence or expulsion to a place in which he/she will serve the sentence. Escorts shall be equipped with and may use weapons, supporting tools and other necessary devices as prescribed by law.
16. Transfer means the implementation of a decision of a competent person defined in this Law to take an inmate, a person sentenced to death or a person serving the judicial measure of sending to a reformatory out of the place of management and deliver him/her to a competent agency or person for assisting in investigation, prosecution and trial activities, medical examination and treatment or incarceration management for a certain period.
17. Personal identification statement means a document containing brief information on the personal history, identification characteristics, photos of three positions, two index finger prints of a sentenced person or a person serving a judicial measure, which is made and kept by competent authorities.
18. Fingerprint sheet means a document containing brief information on the personal history and all fingerprints of a sentenced person, which is made and kept by competent authorities.
Article 4. Principles of execution of criminal judgments
1. Abidance by the Constitution and law, guarantee of the interests of the State and the legitimate rights and interests of organizations and individuals.
2. Judgments and decisions which have become effective for execution must be respected and strictly complied with by agencies, organizations and individuals.
3. Guarantee of socialist humanism; respect for the dignity and legitimate rights and interests of sentenced persons.
4. Combination of punishment and education and reform in the execution of judgments; application of educational and reform measures must be based on the nature and seriousness of crimes committed, age, gender, educational level and other personal characteristics of sentenced persons.
5. Execution of judgments towards minor offenders mainly aims to educate and help them correct their wrongful acts, healthily develop and become useful to the society.
6. Sentenced persons are encouraged to show repentance, actively study and work to reform themselves and voluntarily pay compensations.
7. Guarantee of the right to complain and denounce illegal acts and decisions in the execution of criminal judgments.
8. Guarantee of the participation of agencies, organizations, individuals and families in the education and reform of sentenced persons.
Article 5. Responsibilities of agencies, organizations and individuals to coordinate in the execution of criminal judgments
Agencies, organizations and individuals shall, within the scope of their tasks, powers and obligations, coordinate with one another and comply with requests of competent agencies under this Law in the execution of criminal judgments.
Article 6. Supervision of execution of criminal judgments
The National Assembly, People's Councils and the Vietnam Fatherland Front shall supervise activities of agencies and organizations in the execution of criminal judgments and other agencies and organizations involved in the execution of criminal judgments in accordance with law.
Article 7. Dissemination of and education about the law on execution of criminal judgments
1. The Government, ministries, ministerial-level agencies and government-attached agencies shall organize and direct the dissemination of and education about the law on execution of criminal judgments.
2. People's Committees at all levels and other agencies and organizations shall, within the ambit of their respective tasks and powers, organize the dissemination of and education about, and mobilize the people to observe, the law on execution of criminal judgments.
Article 8. International cooperation on execution of criminal judgments
International cooperation on execution of criminal judgments between competent agencies of the Socialist Republic of Vietnam and their foreign counterparts shall be carried out on the principle of respect for national independence, sovereignty, territorial integrity and nonintervention in one another's internal affairs, equality and mutual benefit, compliance with the Constitution of the Socialist Republic of Vietnam and the fundamental principles of international law.
Article 9. Prohibited acts in the execution of criminal judgments
1. Destroying inmate management and incarceration facilities; destroying or intentionally damaging property of inmate management and incarceration facilities; organizing escape or escaping from inmate management places; organizing escape or escaping while being escorted for judgment execution; rescuing inmates or persons being escorted for judgment execution.
2. Failing to abide by decisions to execute criminal judgments; obstructing or resisting the implementation of internal regulations on the execution of criminal judgments or decisions or requests of competent agencies or persons in the execution of criminal judgments.
3. Organizing, provoking, instigating, dragging, 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.
5. Giving, taking, brokering bribes or causing harassment in the execution of criminal judgments.
6. Illegally releasing persons who are in detention, are being escorted for judgment execution; showing irresponsibility in the management, guard and escort for judgment execution resulting in the escape of persons serving a prison sentence, the death sentence or expulsion sentence.
7. Abusing positions and powers to request exemption from or reduction of the duration, postponement or suspension of the serving of a sentence for ineligible persons; failing to request exemption from or reduction of the duration of serving a criminal sentence for eligible persons; obstructing sentenced persons from exercising the right to request exemption from or reduction of the duration of serving a sentence.
8. Issuing or refusing to issue decisions, certificates or other papers regarding execution of criminal judgments in violation of law.
9. Infringing upon the legitimate rights and interests of sentenced persons.
10. Falsifying dossiers and records related to the execution of criminal judgments.
Tìm kiếm
Luật Thi hành án hình sự 2010 (Bản Word)