Chương II Luật Thi hành án hình sự 2010: Hệ thống tổ chức thi hành án hình sự, nhiệm vụ, quyền hạn của cơ quan có thẩm quyền trong thi hành án hình sự

Chapter II

SYSTEM OF CRIMINAL JUDGMENT EXECUTION ORGANIZATION, TASKS AND POWERS OF COMPETENT AGENCIES IN THE EXECUTION OF CRIMINAL JUDGMENTS

Article 10. System of criminal judgment execution organization

1. Criminal judgment execution management agencies:

a/ Criminal judgment execution management agency of the Ministry of Public Security;

b/ Criminal judgment execution management agency of the Ministry of National Defense.

2. Criminal judgment execution agencies:

a/ Prisons of the Ministry of Public Security, prisons of the Ministry of National Defense and prisons of military zones (below referred to as prisons);

b/ Criminal judgment execution agencies of police departments of provinces and centrally run cities (below referred to as criminal judgment execution agencies of provincial-level police departments):

c/ Criminal judgment execution agencies of police offices of districts, towns and provincial cities (below referred to as criminal judgment execution agencies of district-level police offices);

d/ Criminal judgment execution agencies of military zones and equivalent level (below referred to as criminal judgment execution agencies of military zones).

3. Agencies which are assigned some tasks of criminal judgment execution:

a/ Detention camps of the Ministry of Public Security, detention camps of the Ministry of National Defense, detention camps of provincial-level police departments, detention camps of military zones (below referred to as detention camps):

b/ People's Committees of communes, wards and townships (below referred to as commune-level People's Committees);

c/ Military units of regiment and equivalent levels (below referred to as military units).

4. The Minister of Public Security and the Minister of National Defense shall specify the organizational apparatuses of criminal judgment execution management agencies and criminal judgment execution agencies.

Article 11. Tasks and powers of the criminal judgment execution management agency of the Ministry of Public Security

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

a/ Organize enforcement of the law on execution of criminal judgments:

b/ Providing professional instructions and guidance on the uniform application of the law on execution of criminal judgments;

c/ Reviewing the execution of criminal judgments,

2. To examine the execution of criminal judgments.

3. To decide on the sending of persons subject to prison sentences to places in which they will serve their prison sentences.

4. To directly manage prisons of the Ministry of Public Security.

5. To implement the statistics and reporting regime.

6. To settle complaints and denunciations about criminal judgment execution under this Law.

7. To perform other tasks and powers assigned by the Minister of Public Security.

Article 12. Tasks and powers of the criminal judgment execution management agency of the Ministry of National Defense

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

a/ Organizing enforcement of the law on execution of criminal judgments;

b/ Providing professional instructions and guidance on the uniform application of the law on execution of criminal judgments;

c/ Reviewing the execution of criminal judgments in the army.

2. To examine the execution of criminal judgments in the army.

3. To decide on the sending of persons subject to prison sentences to places in which they will serve their prison sentences under this Law.

4. To directly manage prisons of the Ministry of National Defense.

5. To implement the statistics and reporting regime.

6. To settle complaints and denunciations about criminal judgment execution under this Law.

7. To perform other tasks and powers assigned by the Minister of National Defense.

Article 13. Tasks and powers of criminal judgment execution agencies of provincial-level police departments

1. To assist directors of provincial-level police departments in managing and directing the execution of criminal judgments in their respective provinces or cities:

a/ Providing professional instructions for, and examining the execution of criminal judgments by, detention camps and criminal judgment execution agencies of district-level police offices;

b/ Reviewing the execution of criminal judgments and implementing the statistics and reporting regime as guided by the criminal judgment execution management agency of the Ministry of Public Security.

2. To receive decisions on the execution of criminal judgments from competent courts; to complete procedures and dossiers and lists of persons subject to prison sentence for reporting and request to competent agencies or persons for decision.

3. To request competent courts to consider and decide on the suspension of the serving of prison sentences and reduction of the duration of serving prison sentences.

4. To organize the execution of the expulsion sentence; to participate in executing the death sentence: to manage inmates employed in detention and custody work under this Law.

5. To issue pursuit warrants and coordinate in organizing forces to hunt inmates escaping from prisons or criminal judgment execution agencies of district-level police offices or persons allowed to postpone or suspend the serving of prison sentences or persons serving the expulsion sentence when they escape.

6. To decide to transfer inmates or implement inmate transfer orders of competent agencies or persons.

7. To issue certificates of complete serving of sentence according to their competence.

8. To settle complaints and denunciations about execution of criminal judgments under this Law.

9. To perform other tasks and powers under this Law.

Article 14. Tasks and powers of criminal judgment execution agencies of military zones

1. To assist commanders of military zones in managing and directing the execution of criminal judgments in their military zones or equivalent zones:

a/ Providing professional instructions on and examine the execution of criminal judgments;

b/ Managing prisons of military zones;

c/ Reviewing the execution of criminal judgments and implement the statistics and reporting regime as guided by the criminal judgment execution management agency of the Ministry of National Defense.

2. To receive criminal judgment execution decisions of competent courts; to complete procedures and dossiers and lists of persons subject to prison sentence for reporting and request to competent agencies or persons for decision.

3. To request competent courts to consider and decide on the suspension of the serving of prison sentences and reduction of the duration of serving prison sentences.

4. To participate in executing the death sentence; to manage inmates employed in detention work under this Law.

5. To issue certificates of complete serving of sentence according to their competence.

6. To settle complaints and denunciations about criminal judgment execution under this Law.

7. To perform other tasks and powers under this Law.

Article 15. Tasks and powers of criminal judgment execution agencies of district-level police offices

1. To assist chiefs of district-level police offices in managing and directing the execution of criminal judgments in their respective districts:

a/ Providing professional instructions on the execution of criminal judgments according to their competence for commune-level People's Committees; directing and examining commune-level police offices in their assistance for commune-level People's Committees in performing the tasks of executing criminal judgments under this Law:

b/ Implementing the statistics and reporting regime as guided by the criminal judgment execution management agency of the Ministry of Public Security.

2. To receive criminal judgments and judgment execution decisions and related documents, compile dossiers of execution of criminal judgments and transfer them to commune-level People's Committees for execution of sentences of non-custodial reform, residence ban, ban from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain civil rights, probation and suspended sentences under this Law.

3. To escort for judgment execution persons subject to prison sentence who are on bail or allowed to postpone or suspend the serving of sentences.

4. To directly manage inmates employed in custody houses.

5. To hand judgment execution decisions to persons subject to prison sentence who are held in custody houses and report them to criminal judgment execution agencies of provincial-level police departments.

6. To compile dossiers and make reports to criminal judgment execution agencies of provincial-level police departments for request to the criminal judgment execution management agency of the Ministry of Public Security to issue decisions to send persons subject to prison sentence who arc held in custody houses or allowed to postpone or suspend the serving of sentences to places in which they will serve their sentences; to request competent agencies to issue decisions to pursue persons who shirk serving of their prison sentences.

7. To issue certificates of complete serving of sentence according to their competence.

8. To decide to transfer inmates or implement transfer orders of competent agencies or persons.

9. To settle complaints and denunciations about criminal judgment execution under this Law.

10. To perform other tasks and powers under this Law.

Article 16. Tasks, powers and organizational structure of prisons

1. Prisons, as agencies executing prison sentences, have the following tasks and powers:

a/ Admitting inmates and managing the incarceration, education and reformation of inmates;

b/ Notifying relatives of inmates of the admission of inmates and their serving of sentences;

c/ Requesting competent courts to consider reduction of the duration of serving sentences and suspension of the serving of prison sentences for inmates in accordance with law;

d/ Carrying out procedures for requesting amnesty for inmates in accordance with law;

e/ Implementing transfer orders of competent agencies or persons;

f/ Receiving personal possessions and money voluntarily handed by inmates and relatives of inmates for judgment execution, transfer them to civil judgment enforcement agencies of places in which the courts which have conducted first-instance trial of the cases are based; receiving personal possessions and money from civil judgment enforcement agencies and handing them to inmates under the Law on Enforcement of Civil Judgments;

g/ Coordinating with civil judgment enforcement agencies in providing information and transferring documents related to inmates sentenced to payment of fines, confiscation of property and other civil obligations to the places in which they serve their prison sentences, to the exercise of civil rights and performance of civil obligations of inmates, to the places of residence of persons who are granted amnesty, exempted from serving prison sentences or having completely served their prison sentences, and inmates who have changed their places of serving prison sentences or who have died;

h/ Issuing certificates of complete serving of prison sentence and certificates of amnesty;

i/ Carrying out procedures for handling cases of deceased inmates under Article 49 of this Law:

j/ Delivering foreign inmates under court decisions on the transfer of persons currently serving prison sentences; admitting, and managing the incarceration, education and reformation of. Vietnamese inmates who committed crimes and were sentenced to prison in foreign countries and have been transferred to Vietnam for serving their sentences; implementing the provisions of this Law on execution of the expulsion sentence;

k/ Making statistics and reports on the execution of prison sentences;

l/ Performing other tasks and powers in accordance with law.

2. Prison wardens have the following tasks and powers:

a/ Organizing the performance of tasks and powers of prisons defined in Clause 1 of this Article;

b/ Issuing decisions to classify inmates and organize incarceration of inmates according to their categories:

c/ Deciding to check, seize and handle articles and documents on the ban list;

d/ Issuing decisions to transfer inmates for medical examination and treatment, management, labor and learning purposes;

e/ Issuing pursuit warrants and coordinating in organizing forces to promptly pursue inmates escaping from prison.

3. Deputy wardens shall perform tasks and powers of prison wardens as assigned or authorized by prison wardens and take responsibility for assigned tasks.

4. A prison shall be organized as follows;

a/ A prison has prison departments, incarceration sectors and prison cells, facilities serving incarceration management, daily living, health care, education and reformation of inmates; facilities serving work and daily living of officers, professional army men, non­commissioned officers, soldiers, workers and employees in the prison;

b/ The management apparatus of a prison consists of wardens, deputy wardens, heads and deputy heads of prison departments, team leaders and deputy leaders; officers, professional army men and non-commissioned officers; soldiers, workers and employees.

Wardens, deputy wardens, heads and deputy heads of prison departments, team leaders and deputy leaders must possess university or higher degrees in public security, security or law and satisfy other criteria prescribed by the Government.

Article 17. Tasks and powers of detention camps

1. To admit and manage the incarceration of persons sentenced to death.

2. To directly manage the incarceration, education and reformation of inmates serving sentences in detention camps under this Law.

Article 18. Tasks and powers of commune-level People's Committees in the execution of criminal judgments

Commune-level People's Committees have the tasks and powers of supervising and educating persons serving sentences of non-custodial reform, residence ban, probation, ban from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain civil rights or suspended sentences. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers under this Law.

Article 19. Tasks and powers of army units in the execution of criminal judgments

Army units have the tasks and powers of supervising and educating persons serving sentences of non-custodial reform, residence ban, ban from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain civil rights or suspended sentences under this Law.

Article 20. Tasks and powers of courts in the execution of criminal judgments

1. To issue judgment execution decisions; to decide to set up councils for execution of the death sentence.

2. To issue decisions to postpone, suspend or terminate the serving of prison sentences; exempt from or reduce the duration of the serving of sentences; prolong the time limit for expulsion; reduce the probation term for persons subject to suspended sentence.

3. To consider and permit the receipt of corpses of persons sentenced to death.

4. To 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.

5. To implement the regime of making statistics and reports on the execution of criminal judgments according to their competence and perform other tasks and powers under this Law.