Chương VI Luật Thi hành án hình sự 2010: Thi hành án phạt cấm cư trú, quản chế

Chapter VI

EXECUTION OF RESIDENCE BAN OR PROBATION SENTENCE

Section I. EXECUTION OF RESIDENCE BAN SENTENCE

Article 82. Procedures for execution of residence ban sentence

1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of residence ban, the warden of the prison or detention camp or the head of the criminal judgment execution agency of the district-level police office shall notify such in writing the criminal judgment execution agency of the district-level police office of the place to which such person will come to reside and of the place in which he/she is banned from residing and the commune-level People's Committees of the place in which such person will come to reside and of the place in which he/she is banned from residing.

2. Immediately after an inmate subject to the additional penalty of residence ban completely serves his/her prison sentence, the prison or detention camp or the criminal judgment execution agency of the district-level police office of the place in which he/she has served the sentence shall send a certificate of complete serving of the prison sentence or a copy of the judgment and a copy of the judgment execution decision to the criminal judgment execution agency of the district-level police office of the place in which the sentenced person will come to reside.

3. Within 5 working days after receiving documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level police office of the place in which the sentenced person will come to reside shall compile and hand over a residence ban sentence execution dossier to the commune-level People's Committee of the place in which such person will come to reside. Such a dossier comprises:

a/ A copy of the legally effective judgment or the prison sentence execution decision;

b/ A certificate of complete serving of the prison sentence:

c/ Other documents related to the judgment execution.

4. Three days before the expiration of the residence ban term, the commune-level People's Committee shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office for granting a certificate of complete serving of the residence ban sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/ she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-granting criminal judgment execution agency is based.

Article 83. Tasks and powers of commune-level People's Committees of places in which sentenced persons come to reside

1. A commune-level People's Committee of the place in which a sentenced person comes to reside has the following tasks and powers:

a/ To receive the dossier and organize supervision and education of the sentenced person; to create conditions for him/her to normally work and learn;

b/ To make a written assessment of the sentenced person's serving of the residence ban sentence to be included in the monitoring dossier when he/she changes the place of residence;

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

d/ To compile a dossier to request consideration of exemption from serving the remainder of the residence ban sentence for the sentenced person, and send it to the criminal judgment execution agency of the district-level police office;

e/ To make statistics and report on judgment execution results to a competent criminal judgment execution agency;

f/ To sanction according to its competence or request a competent agency to sanction under law administrative violations committed by the sentenced person:

g/ To settle complaints and 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.

Article 84. Obligations of persons subject to residence ban sentence

1. To refrain from residing in areas in which they are banned from residing; to seriously realize their commitments on law observance.

2. To show up themselves at the request of commune-level People's Committees of places in which they reside.

Article 85. Rights of persons subject to residence ban sentence

1. To travel to places in which they are banned from residing when having a plausible reason and obtaining approval of commune-level People's Committees of these places. The duration of each sojourn shall be decided by commune-level People's Committees of places of destination but must not exceed 5 days.

2. To choose places of residence other than those in which they are banned from residing.

3. To be considered for exemption from serving the residence ban sentence as provided by this Law when satisfying all the conditions specified by law.

Article 86. Procedures for exemption from serving the remainder of the residence ban sentence

1. At the request of the commune-level People's Committee of the place in which a person subject to residence ban comes to reside, the criminal judgment execution agency of the district-level police office shall compile a dossier to request the court at the same level to consider exemption from serving the remainder of the residence ban sentence. Such a dossier comprises:

a/ A copy of the judgment; a copy of the judgment execution decision;

b/ The written request of the commune-level People's Committee;

c/ The written request of the criminal judgment execution agency of the district-level police office;

d/ A petition of the person subject to residence ban for the exemption;

e/ Other related documents.

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 appoint 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 the exemption decision, the court shall send this 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 commune-level People's Committees of the place in which such person comes to reside and of the place in which he/she is banned from residing, and the provincial-level Justice Department of the place in which the issuing court is based.

Article 87. Supplementation of residence ban sentence execution dossiers

1. The commune-level People's Committee of the place in which a sentenced person resides shall add to his/her residence ban sentence execution dossier the following documents;

a/ A written assessment of the process of the serving of the residence ban sentence:

b/ The court decision to exempt from serving the remainder of the residence ban sentence;

c/ Other related documents.

2. The commune-level People's Committee of the place in which the sentenced person resides shall hand over the residence ban sentence execution dossier to the criminal judgment execution agency of the district-level police office under Clause 4, Article 82 of this Law. The dossier handover and receipt shall be recorded in a minutes to be included in the dossier.

Article 88. Responsibilities of commune-level People's Committees of places in which sentenced persons are banned from residing

When becoming aware of the presence of a person subject to residence ban in its locality, the commune-level People's Committee shall check and make a minutes on his/her breach and compel him/her to leave the locality, except the case specified in Clause 1, Article 85 of this Law, and then notify such to the commune-level People's Committee of the place in which he/ she resides.

Section 2. EXECUTION OF PROBATION SENTENCE

Article 89. Procedures for execution of probation sentence

1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of probation, the warden of the prison shall notify such in writing the criminal judgment execution agency of the district-level police office and the commune-level People's Committee of the place in which the inmate comes to reside for serving the probation sentence.

2. After an inmate subject to the additional penalty of probation completely serves the prison sentence, the prison shall hand over the person subject to probation together with copies of the judgment and judgment execution decision, the certificate of complete serving of the prison sentence, written assessment of results of the serving of the prison sentence and related documents to the criminal judgment execution agency of the district-level police office at the office of the commune-level. People's Committee of the place in which such person will come to reside. The criminal judgment execution agency of the district-level police office shall immediately hand over such person to the commune-level People's Committee for control and education.

Within 5 working days after receiving the sentenced person, the criminal judgment execution agency of the district-level police office shall compile and deliver a probation sentence execution dossier to the commune-level People's Committee. Such a dossier comprises:

a/ A copy of the legally effective judgment; a copy of the prison sentence execution decision;

b/ The certificate of complete serving of the prison sentence;

c/ A minutes on the handover of the person subject to probation;

d/ Documents on the process of the serving of the prison sentence and other related documents.

3. Three days before the expiration of the probation term, the commune-level People's Committee shall deliver the judgment execution dossier to the criminal judgment execution agency of the district-level police office for granting a certificate of complete serving of the probation sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/ she resides, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-granting criminal judgment execution agency is based.

Article 90. Tasks and powers of commune-level People's Committees of places in which sentenced persons subject to probation reside

1. A commune-level People's Committee of the place in which a sentenced person subject to probation resides has the following tasks and powers:

a/ To receive the sentenced person and the probation sentence execution dossier; to organize control and education of the sentenced person; to create conditions for him/her to normally work and learn in the place of probation; to make a written assessment of the process of the serving of the sentence to be included in the monitoring dossier;

b/ To request the sentenced person to commit to fulfilling his/her obligations and to fulfill such obligations; to take educational and preventive measures when he/she shows signs of law violation; to summon him/her when necessary; to grant permission for him/her to leave the place of probation under Article 93 of this Law;

c/ To make and send a written assessment of the process of the serving of the sentence to the criminal judgment execution agency of the district-level police office once every 3 months;

d/ To compile a dossier to request consideration of exemption from serving the remainder of the probation sentence for the sentenced person, and send it to the criminal judgment execution agency of the district-level police office:

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

f/ To make statistics and report on judgment execution results to a competent criminal judgment execution agency;

g/ To settle complaints and 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.

Article 91. Obligations of persons subject to probation sentence

1. A person subject to probation sentence has the following obligations:

a/ To submit to the control and education by the commune-level People's Committee and local people; to refrain from leaving the place of probation without permission;

b/ To show up him/herself and report on his/ her observance of probation rules to the commune-level People's Committee in the place of probation once in the first week of a month;

c/ To be present at a prescribed place when summoned by the commune-level People's Committee or to give a plausible reason in case of absence;

d/ To strictly observe policies, laws and regulations of the local administration; to actively work, learn and reform him/herself into a person useful for the society;

e/ To declare his/her permitted temporary absence from the place of probation; to show up him/herself, produce the written permission and register his/her temporary residence or sojourn with the commune-level police office of the place of destination under regulations; to return to the place of probation within the prescribed time limit and show up him/herself to the commune-level People's Committee. If he/she leaves the place of probation without permission or in violation of the permission without plausible reasons, that time limit shall not be included in the probation sentence-serving duration.

2. Persons subject to probation sentence who intentionally refuse to perform the obligations specified in Clause 1 of this Article shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability.

Article 92. Rights of persons subject to probation sentence

1. To live with their families in places of probation.

2. To choose appropriate jobs, except for occupations, .sectors or jobs which they are banned from doing or working as specified by law; to enjoy their labor fruits.

3. To freely travel within communes, wards or townships of probation.

4. To be considered for exemption from the serving of the remainder of the probation sentence under Article 95 of this Law.

Article 93. Permission for persons subject to probation sentence to leave their places of probation

1. When having a plausible reason, a person subject to probation sentence may be permitted to leave his/her place of probation. The competence to grant permission is as follows:

a/ The chairperson of the commune-level People's Committee in the place of probation shall grant permission for travel within the district of the place of probation;

b/ The head of the criminal judgment execution agency of the district-level police office shall grant permission for travel within the province of the place of probation;

c/ The head of the criminal judgment execution agency of the provincial-level police department shall grant permission for travel out of the province of the place of probation.

2. The duration in which a person subject to probation sentence is permitted to be absent from the place of probation shall be decided by the person competent to grant the permission but must not exceed 10 days. In case such person needs medical treatment, his/her duration of absence from the place of probation may be equal to the duration of medical treatment at a health establishment.

Article 94. Supplementation of probation sentence execution dossiers

1. The commune-level People's Committee of the place of probation shall add to a probation sentence execution dossier the following documents:

a/ A written commitment of the person subject to probation sentence;

b/ A written assessment of the process of the serving of the probation sentence;

c/ The court decision to exempt from serving the remainder of the probation sentence;

d/ Other related documents.

2. The commune-level People's Committee of the place of probation shall hand over a dossier specified in Clause 1 of this Article to the criminal judgment execution agency of the district-level police office under Clause 3, Article 89 of this Law. The dossier handover and receipt shall be recorded in a minutes to be included in the dossier.

Article 95. Procedures for exemption from the serving of the remainder of the probation sentence

1. At the request of the commune-level People's Committee of the place of probation, the criminal judgment execution agency of the district-level police office shall compile a dossier to request the court at the same level to consider exemption from the serving of the remainder of the probation sentence. Such a dossier comprises:

a/ A copy of the legally effective judgment: a copy of the prison sentence execution decision;

b/ The written request of the commune-level People's Committee of the place of probation;

c/ The written request of the criminal judgment execution agency of the district-level police office;

d/ A petition of the person subject to the probation sentence for exemption from serving the sentence;

c/ Other related documents.

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 appoint a procurator to attend the meeting. In case the dossier needs to be supplemented, 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 to exempt from serving the sentence, the court shall send such 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 commune-level People's Committee in the place of probation, and the provincial-level Justice Department of the place-in which the court which has issued the exemption decision is based.