Chương V Luật Thi hành án hình sự 2010: Thi hành án treo, án phạt cảnh cáo, cải tạo không giam giữ

Chapter V

EXECUTION OF SUSPENDED SENTENCE, CAUTION PENALTY AND NON-CUSTODIAL REFORM SENTENCE

Section 1. EXECUTION OF SUSPENDED SENTENCE

Article 61. Decision to execute a suspended sentence

1. A decision to execute a sentence must clearly indicate the full name of the issuer; the judgment or decision to be executed; name of the agency responsible for the execution; full name, date of birth and place of residence of the person subject to the suspended sentence; the imprisonment sentence and probation term to be served by such person; additional penalty (ies); the commune-level People's Committee or army unit assigned to supervise and educate such person.

2. Within 3 working days after issuing the judgment execution decision, the court shall send it to the following individuals and agencies:

a/ The person subject to the suspended sentence;

b/ The same-level procuracy;

c/ The criminal judgment execution agency of the district-level police office of the place in which the person concerned resides or the criminal judgment execution agency of the military zone in which such person works;

d/ The provincial-level Justice Department of the place in which the issuing court is based.

Article 62. Execution of decisions to execute suspended sentences

1. Within 3 working days after receiving the judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall summon the person subject to the suspended sentence or a lawful representative of the minor subject to the suspended sentence to the head office of the criminal judgment execution agency to determine the time by which such person must be present at the commune-level People's Committee of the place in which such person resides or the army unit for which such person works, and he/she shall commit to serve the sentence, and to compile a judgment execution dossier. Such dossier comprises:

a/ The legally effective judgment;

b/ The decision to execute the suspended sentence;

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

d/ Other documents related to the judgment execution.

2. Within 7 days after summoning the person subject to the suspended sentence or a lawful representative of such person, the criminal judgment execution agency of the district-level police office or military zone shall deliver the judgment execution dossier to the commune-level People's Committee or army unit assigned to supervise and educate such person.

3. Three days before the expiration of the probation term, the commune-level People's Committee or army unit assigned to supervise and educate the person subject to the suspended sentence shall hand the judgment execution dossier to the criminal judgment execution agency of the district-level police office or military zone for consideration and grant of a certificate of complete serving of the probation term. This certificate shall be sent to the person subject to the suspended sentence, the commune-level People's Committee or army unit assigned to supervise and educate such person, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based.

Article 63. Tasks of commune-level People's Committees, army units assigned to supervise and educate persons subject to suspended sentence

1. The commune-level People's Committee assigned to supervise and educate a person subject to the suspended sentence has the following tasks and powers:

a/ To receive the dossier and organize supervision and education of such person;

b/ To assign a person to directly supervise and educate such person;

c/ To request such person to fulfill all of his/ her obligations; and to take measures to educate such person and prevent him/her from committing illegal acts;

d/ To praise such person for marked improvement or a great merit;

e/ To allow or disallow such person to leave the place of residence under this Law and the residence law:

f/ To collaborate with the family of such person and the agency or organization at which he/she works or studies in supervising and educating him/her;

g/ To compile a dossier of request for consideration of the reduction of the probation term and send it to an agency to make such request as defined in Clause 1, Article 66 of this Law;

h/ To give written remarks and file them in the book of monitoring the serving of sentence of such person when he/she moves to another locality;

i/ To make statistics and report to a competent criminal judgment execution agency on results of judgment execution:

j/ To sanction according to its competence or request competent agencies to sanction under law administrative violations committed by such person;

k/ To settle complaints and denunciations related to the execution of the suspended sentence under this Law.

2. The commune-level police office chief shall advise and assist the commune-level People's Committee in performing the tasks defined in Clause 1 of this Article.

3. The army unit assigned to supervise and education a sentenced person has the tasks and powers specified at Points a. b. c. d. e, f. g. h and i, Clause 1 of this Article.

Article 64. Obligations of a person subject to suspended sentence

1. To strictly observe his/her commitment on abidance by law. fulfill all civil obligations, regulations of the place of residence or workplace; to actively work or learn; to serve all additional penalties and fulfill the compensation obligation.

2. To be present at the request of the commune-level People's Committee assigned to supervise and educate him/her.

3. To declare his/her temporary absence when leaving the place of residence for one or more days.

4. Every quarter, during the probation term, to submit a self-remark report on his/her observance of law to the person in charge of supervising and educating him/her; if going away from the place of residence for three to six months, to get remarks of the commune-level police office of the place in which he/she comes to stay and submit them to the commune-level People's Committee assigned to supervise and educate him/her.

Article 65. Work and learning of persons subject to suspended sentence

1. A person subject to a suspended sentence who is a cadre, civil servant, public employee, military officer, professional serviceman, non­commissioned officer, soldier, defense worker, police worker or another employee, if allowed to continue working at an agency or organization, shall be given a job which meets supervision and education requirements, receive a pay and other benefits suitable to the job he/she performs, and this working duration shall be included in his/ her working or service time under law.

2. During the probation term, a person subject to a suspended sentence falling outside the cases specified in Clause 1 of this Article shall be assisted by the commune-level People's Committee in finding a job.

3. A person subject to a suspended sentence, if admitted by a general education or vocational education institution, is entitled to all benefits under regulations of such institution.

4. A person subject to a suspended sentence who is eligible for preferences under the law on preferential treatment toward persons with meritorious services to the revolution or for social insurance benefits is still entitled to such benefits and. policies under law.

Article 66. Procedures for reduction of the probation term

1. When a person subject to a suspended sentence meets all conditions for reduction of the probation term under the Penal Code, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier and request the district-level people's court of the place in which such person resides or the military court of the region in which such person works, for consideration and decision. A dossier of request comprises:

a/ A copy of the judgment. In case of consideration of the second-time reduction of the probation term, a copy of the suspended sentence execution decision is required instead:

b/ A written request for reduction of the probation term, made by the commune-level People's Committee or army unit assigned to supervise and educate the person subject to the suspended sentence;

c/ The commendation decision or certificate of merit issued by a competent agency, for those who have received commendation or made a great merit;

d/ A copy of the decision to reduce the probation term, for those whose probation term was already reduced.

2. Within 15 days after receiving a dossier of request for reduction of the probation term, a competent court shall hold a meeting to consider the request and notify in writing such meeting to the same-level procuracy, which shall appoint a procurator to attend. If the dossier needs to be supplemented at the request of the court, the time limit for holding such meeting shall be counted from the date of receipt of the supplemented dossier.

3. Within 3 working days after issuing a decision to reduce the probation term, the court shall send it to the person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the suspended prison sentence and the provincial-level Justice Department of the place in which such court is based.

Article 67. Criticism of persons subject to suspended sentence

During the probation term, if the person subject to a suspended sentence keeps breaching his/her obligations specified in Article 64 of this Law though he/she has been admonished twice or more and such breaches are not serious enough for penal liability, the commune-level People's Committee assigned to supervise and educate such person shall collaborate with his/her agency, organization and grassroots Vietnam Fatherland Front Committee in holding a meeting of the community population in the place in which such person resides or works to criticize him/her; if such person is working in an army unit, such criticism meeting shall be held at his/her army unit,

Criticism shall be recorded in a minutes to be included in the suspended sentence execution dossier, and reported to the criminal judgment execution agency of the district-level police office or military zone.

Article 68. Supplementation of suspended sentence execution dossiers

1. The commune-level People's Committee or army unit assigned to supervise and educate a person subject to a suspended sentence shall add to the execution judgment dossier the following documents:

a/ Its decision to assign a person(s) to directly supervise and educate such person:

b/ Written remarks of the person directly supervising and educating such person on the latter's observance of obligations;

c/ Written self-remarks of such person on his/ her performance of the law abidance obligation; if such person faced criticism under Article 67 of this Law, a self-criticism paper and the minutes of the criticism meeting are required;

d/ In case the probation term was reduced, a court decision is required;

e/ Other relevant documents.

2. The commune-level People's Committee or army unit assigned to supervise and educate a person subject to suspended sentence shall deliver the suspended sentence execution dossier to the criminal judgment execution agency of the district-level police office or military zone under Clause 3, Article 62 of this Law. The delivery and receipt of such dossier shall be recorded in a minutes to be included in the dossier.

Article 69. Settlement of cases in which persons subject to suspended sentence change places of residence or workplaces

1. If a person subject to a suspended sentence changes his/her place of residence within a district, town or provincial city, the commune-level People's Committee shall notify the criminal judgment execution agency of the district-level police office to deliver his/her suspended sentence execution dossier to the commune-level People's Committee of the place in which such person comes to reside, for supervision and education.

If a person subject to a suspended sentence changes his/her place of residence to another district, town or provincial city, the criminal judgment execution agency of the district-level police office shall deliver his/her suspended sentence execution dossier to the criminal judgment execution agency of the district-level police office of the place in which such person comes to reside, for judgment execution under Article 62 of this Law, and notify in writing the same-level people's court and procuracy thereof.

2. Should a person subject to a suspended sentence change his/her workplace within a military zone, the army unit shall notify the criminal judgment execution agency of the military zone to deliver his/her criminal judgment dossier to the army unit in which he/she comes to work, for supervision and education.

Should a person subject to a suspended sentence change his/her place of residence to another military zone, the criminal judgment execution agency of the military zone shall deliver his/her judgment execution dossier to the same-level criminal judgment execution agency of the place in which he/she comes to work, for judgment execution under Article 62 of this Law, and notify in writing the regional military court and military procuracy thereof.

Should a person subject to a suspended sentence no longer work in the army, the criminal judgment execution agency of the military zone shall deliver his/her judgment execution dossier to the criminal judgment execution agency of the district-level police office of the place in which he/she resides, for judgment execution under Article 62 of this Law.

Article 70. Responsibilities of families of persons subject to suspended sentence

1. Families of persons subject to suspended sentence shall collaborate with commune-level People's Committees and assigned persons in supervising and educating these persons: and notify the results of serving of the sentences by these persons to the assigned commune-level People's Committees upon request.

2. To pay compensations and fulfill other civil obligations for damage caused by minor persons subjected to suspended sentence under court judgments or decisions.

3. To be present at criticism meetings on the persons subject to suspended sentence at the request of commune-level People's Committees assigned to supervise and educate these persons.

Section 2. EXECUTION OF CAUTION PENALTY

Article 71. Execution of the caution penalty

1. The caution penalty shall be immediately executed at the hearing as pronounced by the court.

2. Within 7 days after the judgment becomes legally effective, the court which has conducted the first-instance trial shall send the judgment to the person subject to the caution penalty, the criminal judgment execution agency of the district-level police office or military zone, the commune-level People's Committee of the place or the army unit in which he/she resides or works, and the provincial-level Justice Department of the place in which the court is based.

3. Criminal judgment execution agencies of district-level police offices or military zones shall conduct supervision and make statistics and reports under this Law.

Section 3. EXECUTION OF NON­CUSTODIAL REFORM SENTENCE

Article 72. Non-custodial reform sentence execution decisions

1. A judgment execution decision must clearly indicate the full name of the issuer; the judgment to be executed; the full name, date of birth and place of residence of the sentenced person; the non-custodial reform sentence term; additional penalty(ies); the name of the agency in charge of execution; the commune-level People's Committee or army unit assigned to supervise and educate the sentenced person.

2. Within 3 working days after issuing a judgment execution decision, the court shall send the decision to the following individual and agencies:

a/ The sentenced person;

b/ The same-level procuracy;

c/ The criminal judgment execution agency of the district-level police office of the place in which the sentenced person resides or the criminal judgment execution agency of the military zone in which such person works;

d/ The provincial-level Justice Department of the place in which the issuing court is based.

Article 73. Procedures for execution of non-custodial reform sentence execution decisions

1. Within 3 working days after receiving a judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall summon the sentenced person to its head office for determining the time for the latter to be present at the commune-level People's Committee or army unit assigned to supervise and educate him/ her and to commit to serve the sentence, and for compiling a judgment execution dossier. Such a dossier comprises:

a/ The legally effective judgment;

b/ The judgment execution decision;

c/ The commitment of the sentenced person;

d/ Other documents related to the judgment execution.

2. Within 7 days after summoning the sentenced person, the criminal judgment execution agency of the district-level police office or military zone shall deliver his/her dossier to the commune-level People's Committee or army unit assigned to supervise and educate him/her.

3. Three days before the expiration of the sentence term, the commune-level People's Committee or army unit assigned to supervise and educate the sentenced person shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office or military zone for the latter to grant a certificate of complete serving of the non-custodial reform sentence upon the expiration of the sentence term. This certificate shall be sent to the sentenced person, the commune-level People's Committee or army unit assigned to supervise and educate him/her, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the issuing court is based.

Article 74. Tasks of commune-level People's Committees or army units assigned to supervise and educate sentenced persons

1. The commune-level People's Committee assigned to supervise and educate a sentenced person has the following tasks and powers:

a/ To receive his/her dossier and organize the supervision and education of the sentenced person;

b/ To assign a person to directly supervise and educate the sentenced person;

c/ To request the sentenced person to fulfill his/her obligations; to take educational and preventive measures when he/she shows signs of law violation;

d/ To commend the sentenced person for his/ her improvements or merits;

e/ To permit the sentenced person to be absent from his/her place of residence under this Law and the law on residence;

f/ To coordinate with a civil judgment execution agency in deducting part of the sentenced person's incomes under a court decision for remittance into the state budget;

g/ To collaborate with the family of the sentenced person or agency or organization in which he/she works or learns in supervising and educating him/her;

h/ To compile and send a dossier of request for reduction of the sentence term or exemption from serving the sentence to a competent agency specified in Clause 1, Article 77 of this Law;

i/To give a written assessment on the process of the serving of the sentence by the sentenced person and include it in the monitoring book when he/she moves to another place;

j/ To make statistics and send reports to a competent criminal judgment execution agency on judgment execution results;

k/ To sanction according to its competence or propose a competent agency to sanction under law administrative violations committed by the sentenced person;

l/ To settle complaints or denunciations about judgment execution under this Law.

2. The commune-level police chief shall advise and assist the commune-level People's Committee in organizing the performance of the tasks specified in Clause 1 of this Article.

3. The army unit assigned to supervise and educate the sentenced person has the tasks and powers specified at Points a, b. c, d, e, f, g, h, i and j, Clause 1 of this Article.

Article 75. Obligations of a sentenced person

1. To seriously realize his/her commitments on law observance, fulfillment of all civil obligations, compliance with internal rules and regulations of his/her place of residence or workplace; to actively work and learn; to serve all additional penalties and fulfill the obligations to pay damages and to remit the deducted part of his/her incomes under a court ruling.

2. To show up him/herself at the request of the commune-level People' Committee which is assigned lo supervise and educate him/her.

3. To declare his/her temporary absence when leaving his/her place of residence for one or more days.

4. To submit once every 3 months a written self-assessment of the serving of his/her sentence to the person directly supervising and educating him/her in law observance. In case of absence from his/her place of residence for between 3 and 6 months, to get a written assessment of the commune-level police office of the place in which he/she stayed and submit it to the commune-level People's Committee assigned to supervise and educate him/her.

Article 76. Work and learning of sentenced persons

1. A sentenced person who is a cadre, civil servant, public employee, military officer or professional serviceman, non-commissioned officer, soldier, defense worker, public security worker or laborer, if allowed to continue working in an agency or organization, shall be assigned to a job which meets supervision and education requirements and objectives and is entitled to salary and other benefits suitable to his/her job and have the period of performing this job included in his/her working or service time under law.

2. A sentenced person who is admitted by a general or vocational education institution is entitled to benefits under regulations of such institution.

3. A sentenced person who does not fall into the cases specified in Clauses 1 and 2 of this Article shall be assisted by the commune-level People's Committee of the place in which he/ she serves his/her sentence in seeking employment.

4. A sentenced persons who is eligible under law for preferential treatment applicable to people with meritorious services to the revolution or social insurance benefits may continue enjoying such benefits and preferential policies provided for by law.

Article 77. Procedures for reduction of sentence term

1. When a sentenced person satisfies all conditions for reduction of a sentence term as specified in the Penal Code, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier to request the district-level people's court or the regional military court of the place in which the sentenced person resides or works to consider and decide on the reduction. Such a dossier comprises:

a/ A copy of the legally effective judgment. In case of consideration for sentence term reduction for the second time on, a copy of the judgment execution decision is required instead;

b/ The written request for sentence term reduction made by the commune-level People's Committee or army unit assigned to supervise and educate the sentenced person;

c/ A commendation decision or certificate of merit issued by a competent agency to the sentenced person in case he/she has been commended or recorded a merit;

d/ The written conclusion of a provincial-, military zone- or higher-level hospital on the illness of the sentenced person in case he/she suffers a dangerous disease:

e/ A copy of the sentence term reduction decision in case the sentenced person has already been granted a reduction.

2. Within 15 days after receiving a sentence term reduction request dossier, a competent court shall hold a meeting to consider the sentence term reduction and notify in writing such meeting to the same-level procuracy, which shall send a procurator to attend the meeting. In case the dossier needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented dossier.

3. Within 3 working days after issuing a sentence term reduction decision, the court shail send this decision to the sentenced person, the sentence term reduction-requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based.

Article 78. Procedures for exemption from serving sentences

1. The district-level people's procuracy or regional military procuracy of the place in which a sentenced person resides or works shall consider and. at its own initiative or the request of the criminal judgment execution agency of the district-level police office or military zone, compile a dossier to request the court at the same level to consider exemption from serving the sentence. Such a dossier comprises:

a/ A copy of the legally effective judgment;

b/ The written request of the procuracy;

c/ The written request of the criminal judgment execution agency in case this agency makes the request;

d/ A petition of the sentenced person or his/ her lawful representative for exemption from serving the sentence;

e/ A written certification of a competent agency that the sentenced person has recorded a great merit or conclusion of a provincial-, military zone- or higher level hospital on the illness of the sentenced person in case he/she suffers a dangerous disease.

2. Within 15 days after receiving a dossier specified in Clause 1 of this Article, the competent court shall hold a meeting to consider the exemption and notify in writing such meeting to the same-level procuracy, which shall send a procurator to attend the meeting. In case the dossier needs to be supplemented at the request of the court, the time limit for holding a meeting shall be counted from the date of receipt of the supplemented dossier.

3. Within 3 working days after issuing a decision on the exemption, the court shall send the decision to the person enjoying the exemption, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision, the criminal judgment execution agency at the same level, the communc-lcvel People's Committee or army unit assigned to supervise and educate the sentenced person and the provincial-level Justice Department of the place in which the issuing court is based.

Article 79. Criticisms of sentenced persons

In case a sentenced person had breached his/ her judgment execution obligation specified in Article 75 of this Law and has been admonished twice or more but still re-commits the breach, the commune-level People's Committee assigned to supervise and educate him/her shall coordinate with the managing agency or organization and the grassroots Vietnam Fatherland Front chapter in holding a meeting in the community of the place in which the sentenced person resides for making criticisms against such person. In case the sentenced person works at an army unit, the criticism shall be made in such army unit.

Criticisms must be recorded in a minutes to be included in the judgment execution dossier and reported to the criminal judgment execution agency of the district-level police office or military zone.

Article 80. Supplementation of judgment execution dossiers

1. The commune-level People's Committee or army unit assigned to supervise and educate a sentenced person shall add to his/her judgment execution dossier the following documents:

a/ A decision of the commune-level People's Committee or army unit to assign a person to directly supervise and educate the sentenced person;

b/ A written assessment of the sentenced person's performance of his/her obligation, made by the person assigned to supervise and educate the sentenced person;

c/ A written self-assessment of the sentenced person's performance of his/her judgment execution obligation. In case of criticisms made under Article 79 of this Law, there must be a written self-criticism and a minutes of the criticism meeting;

d/ A court decision in case the sentence term has already been reduced;

e/ Other related documents.

2. The commune-level People's Committee or army unit assigned to supervise and educate the sentenced person shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office or military zone defined in Clause 3, Article 73 of this Law. The handover and receipt of the dossier shall be recorded in a minutes to be included in the judgment execution dossier.

Article 81. Responsibilities of families of sentenced persons

1. To coordinate with commune-level People's Committees and persons assigned to supervise and educate sentenced persons in supervising and educating these persons, and notify results of serving of the sentences by such persons to the commune-level People's Committees upon request.

2. To pay compensations for damage caused by and fulfill other civil obligations of sentenced persons being minors under court, judgments or decisions.

3. To attend meetings to criticize sentenced persons at the request of commune-level People's Committees assigned to supervise and educate such persons.