Chapter XIV
TASKS AND POWERS OF STATE AGENCTES IN THE MANAGEMENT OF CRIMINAL JUDGMENT EXECUTION
Article 170. Tasks and powers of the Government in the state management of criminal judgment execution
1. To perform unified state management of criminal judgment execution nationwide.
2. To direct its attached agencies and provincial-level People's Committees in executing criminal judgments.
3. To coordinate with the Supreme People's Court and the Supreme People's Procuracy in executing criminal judgments.
4. To annually report on criminal judgment execution to the National Assembly .
Article 171. Tasks and powers of the Ministry of Public Security in the management of criminal judgment execution
1. The Ministry of Public Security is answerable to the Government for performing the unified state management of criminal judgment execution and has the following tasks and powers:
a/ To promulgate or submit to competent agencies for promulgation legal documents on execution of criminal judgments;
b/ To formulate, and organize the implementation of. policies and plans on criminal judgment execution; to direct and organize the implementation of legal documents on execution of criminal judgments;
c/ To suspend or annul according to its competence or propose competent authorities to annul regulations on execution of criminal judgments which are contract to this Law;
d/ To promulgate forms, papers and books on criminal judgment execution;
e/ To disseminate and educate about the law on execution of criminal judgments;
f/ To manage the organizational system. payrolls and operation of criminal judgment execution agencies in the People's Public Security Force under this Law; to decide on the establishment of criminal judgment execution agencies in the People's Public Security Force under this Law; to train and retrain officers, noncommissioned officers, soldiers, workers and public employees of the People's Public Security Force in criminal judgment execution; to train, retrain, direct and professionally guide cadres, civil servants and staff members of agencies and organizations assigned to perform some tasks of criminal judgment execution;
g/ To direct the Judicial Assistance Police in coordinated pursuit of run-away sentenced persons; to escort persons against whom decisions to execute criminal judgments have been issued for judgment execution: to dismiss or hold in custody persons who commit acts of obstructing or opposing judgment execution; to coordinate with other People's Armed Forces units and local administrations in proactively deploying forces to support the execution of criminal judgments when necessary; to perform other tasks and exercise other powers under this Law;
h/ To examine, inspect, commend, reward, and handle violations in the criminal judgment execution; to settle complaints and denunciations about criminal judgment execution under this Law;
i/ To decide on plans on allocation of funds and guarantee of conditions for operations of criminal judgment execution agencies;
j/ To conduct international cooperation on criminal judgment execution;
k/ To review the work of criminal judgment execution;
l/ To promulgate and implement regulations on making of statistics on criminal judgment execution:
m/ To report on criminal judgment execution to the Government.
2. The Minister of Public Security shall base him/herself on requirements of the management of persons held in detention or custody to decide to employ persons serving prison sentences of 5 years or less who are not minors, foreigners or drug addicts and suffer no dangerously infectious disease in detention or custody work. The number of persons serving prison sentences who are employed in detention or custody work shall be calculated at a certain percentage of the total number of persons held in detention or custody but must not exceed 15%.
Article 172. Tasks and powers of the Ministry of National Defense in the management of criminal judgment execution
1. The Ministry of National Defense is responsible for managing the criminal judgment execution in the People's Army and has the following tasks and powers:
a/ To promulgate or submit to competent agencies for promulgation legal documents on execution of criminal judgments in the People's Army;
b/ To manage the organizational system, payrolls and operation of criminal judgment execution agencies in the People's Army: to decide on the establishment of criminal judgment execution agencies in the People's Army under this Law;
c/ To coordinate with the Ministry of Public Security, the Ministry of Education and Training and the Ministry of Justice in elaborating programs on law education and civil education: to coordinate with the Ministry of Public Security in reviewing, making statistics and reporting on criminal judgment execution to the Government;
d/ To provide professional guidance and directions on execution of criminal judgments to military zone-level criminal judgment execution agencies; to disseminate and educate about the law on execution of criminal judgments in the People's Army;
e/ To commend, reward or discipline army-men engaged in the execution of criminal judgments in the People's Army;
f/ To direct the judicial guard force in coordinated pursuit of run-away sentenced persons; to escort persons against whom decisions to execute criminal judgments have been issued for judgment execution: to dismiss or hold in custody persons who commit acts of obstructing or opposing judgment execution; to coordinate with other people's armed forces units and local administrations in proactively deploying forces to support the execution of criminal judgments when necessary; to perform other tasks and exercise other powers under this Law:
g/To examine, inspect, and settle complaints and denunciations and handle violations about execution of criminal judgments in the People's Army under this Law;
h/ To manage and workout plans on allocation of funds and guarantee of physical foundations and means for criminal judgment execution activities in the People's Army.
2. The Minister of National Defense shall base him/herself on requirements of the management of persons held in detention or custody to decide to employ persons serving prison sentences of 5 years or less who are not minors, foreigners or drug addicts and suffer no dangerously infectious diseases in detention or custody work. The number of persons serving prison sentences who are employed in detention or custody work shall be calculated at a certain percentage of the total number of persons held in detention or custody but must not exceed 15%.
Article 173. Tasks and powers of the Supreme People's Court in criminal judgment execution
1. To coordinate with (he Ministry of Public Security, the Supreme People's Procuracy and other concerned agencies in promulgating legal documents on execution of criminal judgments.
2. To guide courts at all levels in issuing criminal judgment execution decisions; to coordinate with agencies and organizations defined in Clauses 1, 2 and 3, Article 10 of this Law in the execution of criminal judgments.
3. To coordinate with the Ministry of Public Security and the Ministry of National Defense in reviewing the execution of criminal judgments.
4. To coordinate with the Ministry of Public Security in implementing regulations on statistics and reporting on criminal judgment execution.
Article 174. Tasks and powers of the Supreme People's Procuracy in criminal judgment execution
1. To coordinate with the Ministry of Public Security, the Supreme People's Court and other concerned agencies in promulgating legal documents on execution of criminal judgments.
2. To inspect and direct procuracies at all levels in inspecting the execution of criminal judgments under this Law and other relevant laws.
3. To coordinate with the Ministry of Public Security and the Ministry of National Defense in reviewing the execution of criminal judgments.
Article 175. Tasks and powers of the Ministry of Justice in criminal judgment execution
1. To coordinate with the Ministry of Education and Training, the Ministry of Public Security and the Ministry of National Defense in elaborating programs on law education and civic education and to disseminate and educate about the law on execution of criminal judgments.
2. To direct civil judgment execution agencies in coordinating with prisons, detention camps and criminal judgment execution agencies of provincial-level police departments, district-level police offices and military zones in providing information and handing over papers, money and assets related to inmates who are subject to the fine or asset confiscation penalty or other civil obligations or in favor of whom civil judgments arc enforced.
Article 176. Tasks and powers of the Ministry of Health in criminal judgment execution
The Ministry of Health shall coordinate with the Ministry of Public Security and the Ministry of National Defense in directing and guiding the disease and epidemic prevention and combat, providing medical examination and treatment for inmates and reformatory pupils: and organize specialized medical establishments to execute the judicial measure of compulsory medical treatment under this Law.
Article 177. Tasks and powers of the Ministry of Labor. War Invalids and Social Affairs in criminal judgment execution
The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the Ministry of Public Security in directing and guiding the organization of work, job training and implementation of regimes and policies for inmates and reformatory pupils.
It shall direct provincial-level Departments of Labor. War Invalids and Social Affairs and social relief centers in receiving, caring for and nurturing children of inmates who have no relatives wanting to care for and nurture them under this Law and other relevant laws.
Article 178. Tasks and powers of the Ministry of Education and Training in criminal judgment execution
The Ministry of Education and Training shall coordinate with the Ministry of Public Security in directing and guiding the elaboration of programs and materials, training teachers and participating in providing general education for inmates and reformatory pupils under this Law and other relevant laws.
Article 179. Tasks and powers of provincial-level People's Committees in criminal judgment execution
1. To direct coordination among concerned agencies and lower-level People's Committees in executing the non-custodial reform sentence, additional penalties and suspended sentences under this Law and other relevant laws.
2. To direct specialized agencies and lower-level People's Committees in adopting and adopt appropriate policies to mobilize contributions and supports of agencies, organizations and enterprises to create favorable conditions for persons who have completely served their prison sentences to find jobs, stabilize their life, learn jobs and integrate themselves into the community.
3. To request provincial-level police departments to report on the execution of criminal judgments in their localities.
Article 180. Tasks and powers of district-level People's Committees in criminal judgment execution
1. To direct coordination among concerned agencies and lower level People's Committees in executing the non-custodial reform sentence, additional penalties and suspended sentences under this Law and other relevant laws.
2. To direct specialized agencies and commune-level People's Committees in adopting and adopt appropriate policies to mobilize contributions and supports of agencies. organizations and enterprises in their localities to create favorable conditions for persons who have completely served their prison sentences to find jobs, stabilize their life, learn jobs and integrate themselves into the community.
3. To request district-level police offices to report on the execution of criminal judgments in their localities.
Tìm kiếm
Luật Thi hành án hình sự 2010 (Bản Word)