Chương VIII Luật Thi hành án hình sự 2010: Thi hành án phạt tước một số quyền công dân

Chapter VIII

EXECUTION OF THE SENTENCE OF DEPRIVATION OF CERTAIN CIVIL RIGHTS

Article 103. Procedures for execution of the 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 sentence of deprivation of certain civil rights, the warden of the prison or detention camp, or the head of the criminal judgment execution agency of the provincial-level police department in case this inmate serves the sentence at the criminal judgment execution agency of the district-level police office, shall notify in writing the execution of the additional penalty to the commune-level People's Committee, the criminal judgment execution agency of the district-level police office and the district-level people's procuracy of the place in which this inmate will come to reside.

2. After an inmate subject to the additional sentence of deprivation of certain civil rights completely serves the prison sentence, the prison or detention camp shall send the certificate of complete serving of the prison sentence and copies of the judgment and judgment execution decision to the criminal judgment execution agency of the district-level police office of the place in which this inmate will come to reside.

3. Within 5 working days after receiving the 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 inmate will come to reside shall compile a dossier for execution of the sentence of deprivation of certain civil rights and notify such to the commune-level People's Committee of the locality in which the inmate comes to reside. 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/ Other documents related to the judgment execution.

4. In case a person subject to the sentence of deprivation of certain civil rights is allowed to serve a suspended sentence, the court which has issued the judgment execution decision shall send copies of the judgment and the judgment execution decision to the criminal judgment execution agency of the district-level police office. The criminal judgment execution agency of the district-level police office shall compile a dossier and notify such to the agency in which such person works or the commune-level People's Committee of the place in which such person resides.

5. The criminal judgment execution agency of the district-level police office shall monitor and supervise the execution of the sentence of deprivation of certain civil rights under the court judgment. Upon the expiration of the sentence term, the criminal judgment execution agency of the district-level police office shall grant a certificate of complete serving of the sentence of deprivation of certain civil rights. 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-issuing criminal judgment execution agency is based.

Article 104. Deprivation of the right to elect or stand as candidates for deputies to a state power agency

1. During the period of deprivation of the right to elect or stand as a candidate for a deputy to a state power agency, a sentenced person may neither elect nor stand as a candidate for a deputy to a state power agency.

2. A commune-level People's Committee may not include a person subject to deprivation of the right to elect deputies to a slate power agency in a list of electors. In case a person whose name has been included in a list of electors but he/she has the right to election deprived of by a court before the vote-casting time, the commune-level People's Committee shall delete his/her name from the list of electors, withdraw his/her elector card and notify such to the criminal judgment execution agency of the district-level police office.

Article 105. Deprivation of the right to work in state agencies

1. During the period of deprivation of the right to work in state agencies, a sentenced person may neither apply for a job nor continue working in a state agency.

2. In case a sentenced person who is a cadre, civil servant or public employee in a state agency is deprived of the right to work in state agencies, the agency in which he/she works shall issue a decision or request a competent state agency to issue a decision to compel such person to resign from office or stop working during the period of deprivation of the right to work in state agencies.

Article 106. Deprivation of the right to serve in people's armed forces

1. During the period of deprivation of the right to serve in people's armed forces, a sentenced person may not conscribe him/herself for military service; may neither be recruited nor continue working as a civil servant, public employee or defense worker in the People's Army; may neither be recruited nor continue serving in the People's Public Security Force.

2. In case a sentenced person who is a serviceman, civil servant, public employee or defense worker in the People's Army or who serves in a People's Public Security Force agency or unit is deprived of the right to serve in people's armed forces, the unit in which he/she serves or works shall issue a decision or request a competent agency to issue a decision to compel him/her to leave people's armed forces.