Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law sets forth principles, procedures, organization, tasks and powers of competent authorities and persons in the execution of judgments and decisions on prison sentences, death sentences, warnings, community sentences, prohibition from residence, mandatory supervision, expulsion sentences, deprivation of certain citizenship rights, prohibition from holding certain positions, practicing profession or performing certain jobs, suspended sentences, parole, suspension of operation, permanent shutdown, ban from doing business, ban from operating in certain fields, prohibition from raising capital, judicial measures; rights and obligations of persons and corporate legal entities serving sentences or judicial measures; responsibilities of agencies, organizations, and individuals related to execution of criminal judgments and judicial measures.
Article 2. Executable judgments and decisions
1. Court judgments and decisions which have become legally effective and have had execution decisions:
2. Court judgments and decisions to be executed without delay under the Criminal Procedure Code or from their effective dates under the Criminal Code.
3. Decisions of courts to receive persons currently serving prison sentences in a foreign country to Vietnam to serve their sentences in Vietnam, which have had execution decisions; court decisions to transfer persons currently serving prison sentences in Vietnam to a foreign country.
4. Judgments and decisions to apply judicial measures of compulsory medical treatment, education in reformatories; compulsory restoration of original state; compulsory implementation of some measures for mitigation and prevention of consequences against corporate legal entities under power of criminal judgment execution agencies.
Article 3. Interpretation of terms
For the purposes of this Law, these terms below shall be construed as follows:
1. “sentenced person” means a person who has been convicted of a crime and subject to a penalty under a court judgment or decision which becomes legally effective and has had an execution decision.
2. “inmate” means a person who is currently serving a termed prison sentence or a life sentence.
3. “place of detention” means a place where inmates are supervised, incarcerated and educated, including prisons, detention centers, custody houses.
4. “execution of prison sentence” means that a competent authority or person defined in this Law puts a person receiving a termed prison sentence or a life sentence under control, incarceration and education.
5. “execution of death sentence” means that a competent authority or person defined in this Law deprives the life of a person sentenced to death.
6. “execution of suspended sentence” means that a competent authority or person defined in this Law supervises and educates a person who receives a suspended sentence during the probation period.
7. “execution of parole” means that a competent authority or person defined in this Law supervises a person on parole (hereinafter referred to as parolee) during probation period.
8. “execution of community sentence” means that that a competent authority or person defined in this Law supervises and educates a sentenced person at their place of residence, work or study; deducts partial amount from their income and transfer it to state budget, and supervises their performance of community services under a legally effective court judgment or decision.
9. “execution of prohibition from residence sentence” means that a competent authority or person defined in this Law forces a sentenced person not to temporarily or permanently reside in certain administrative divisions under a legally effective court judgment or decision.
10. “execution of mandatory supervision” means that a competent authority or person defined in this Law forces a sentenced person to reside, make a living and rehabilitate themselves in given administrative division under the supervision and education of the local administration and the people under a legally effective court judgment or decision.
11. “execution of expulsion sentence” means that a competent authority or person defined in this Law forces a sentenced person to leave the territory of the Socialist Republic of Vietnam under a legally effective court judgment or decision.
12. “execution of the sentence of deprivation of certain citizenship rights” means that a competent authority or person defined in this Law deprives a sentenced person of certain citizenship rights under a legally effective court judgment or decision.
13. “execution of the sentence of prohibition from holding certain positions, practicing certain professions or performing certain jobs” means that a competent authority or person defined in this Law forces a sentenced person not to hold certain positions, practicing certain professions or performing certain jobs under a legally effective court judgment or decision.
14. “execution of the judicial measure of compulsory medical treatment” means that a competent authority or person defined in this Law forces a person who has committed an act dangerous to the society or a sentenced person who suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity to receive treatment at a compulsory health facility under a court or procuracy decision.
15. “execution of the judicial measure of education in reformatories” means that a competent authority or person defined in this Law sends a person under 18 years of age (hereinafter referred to as minor) to a reformatory school for education under a legally effective court judgment or decision.
16. “escort for judgment execution” means that a competent authority or person defined in this Law forces a person receiving a prison sentence, death sentence, or expulsion sentence to a place where he/she will serve the sentence.
17. “transfer” means the implementation of a decision of a competent authority or person defined in this Law to take an inmate, a person sentenced to death or a person serving the judicial measure of education in a reformatory out of their place of supervision and deliver over him/her to a competent authority or person for the purposes of investigation, prosecution, trial, medical examination and treatment, incarceration management, and education for a certain period.
18. “personal identification statement” means a document containing brief information on the personal history, identification characteristics, photos of three positions, fingerprints of two index fingers of a sentenced person or a person serving a judicial measure, which is made and kept by competent authorities.
19. “fingerprint sheet” means a document containing brief information on the personal history and all fingerprints of a sentenced person, which is made and kept by competent authorities.
20. “sentenced corporate legal entity” means a corporate legal entity which has been convicted of a crime and has incurred a penalty or judicial measure under a legally effective court judgment or decision.
21. “execution of sentence of suspension of operation” means that a competent authority or person defined in this Law forces a sentenced corporate legal entity to suspend its operation in one or certain lines of business subject to suspension of operation under a legally effective court judgment or decision.
22. “execution of sentence of permanent shutdown” means that a competent authority or person defined in this Law forces a sentenced corporate legal entity to shut its operation down in one or certain lines of business or the entire operation subject to permanent shutdown under a legally effective court judgment or decision.
23. “execution of sentence of ban from doing business, ban from operating in certain fields” means that a competent authority or person defined in this Law forces a sentenced corporate legal entity to cease its operation in certain banned lines of business for a given period of time under a legally effective court judgment or decision.
24. “execution of sentence of prohibition from raising capital” means that a competent authority or person defined in this Law forces a sentenced corporate legal entity to refrain from raising capital in one or certain forms for a given prohibition period time under a legally effective court judgment or decision.
25. “regulatory agencies supervising sentenced corporate legal entity” means agencies which are competent to register business, issue a certificate of registration, issue an operation license or approval to a corporate legal entity and supervise the operation of the corporate legal entity, and are requested by criminal judgment execution agencies to perform one or certain tasks to ensure the execution of penalty or judicial measure against the sentenced corporate legal entity.
Article 4. Principles of execution of criminal judgments
1. Abidance by the Constitution and law, guarantee of the interests of the State and the legitimate rights and interests of agencies, organizations, and individuals.
2. Legally effective court judgments and decisions must be respected and strictly complied with by agencies, organizations, and individuals.
3. Guarantee of socialist humanism; respect for the dignity and legitimate rights and interests of sentenced persons, persons serving judicial measures, and legitimate rights and interests of sentenced corporate legal entities.
4. Combination of punishment and education in the execution of judgments; application of educational measures based on the nature and severity of crimes committed, age, gender, educational level and other personal characteristics of sentenced persons.
5. Execution of judgments against minors mainly aims to educate and help them correct their wrongful acts, develop healthily and become useful to the society.
6. Sentenced persons are encouraged to show their repentance, actively study and work to reform themselves and voluntarily pay compensations.
7. Guarantee of the right to complain and denounce illegal acts and decisions of competent authorities or persons in execution of criminal judgments.
8. Guarantee of the participation of agencies, organizations, individuals, and families in the execution of criminal judgments and community re-integration as per the law.
Article 5. Responsibilities of agencies, organizations, and individuals to cooperate in the execution of criminal judgments
Agencies, organizations and individuals shall, within the scope of their tasks, powers and obligations, cooperate with one another and comply with requests of competent agencies under this Law in the execution of criminal judgments.
Article 6. Supervision of execution of criminal judgments
The National Assembly, the People's Councils, the Vietnam Fatherland Front and affiliates thereof shall supervise activities of competent agencies and organizations and other relevant agencies and organizations in the execution of criminal judgments as per the law.
Article 7. Oversight of execution of criminal judgments
The People’s Procuracy shall oversee the adherence to law of competent authorities and persons and other agencies, organizations, and individuals involved in execution of criminal judgments.
Article 8. Raising public awareness and education of law on execution of criminal judgments
1. The Government, ministries, ministerial-level agencies and Governmental agencies shall organize and direct raising of public awareness and education of law on execution of criminal judgments.
2. The People's Committees and other agencies and organizations shall, within the ambit of their respective tasks and powers, organize raising of public awareness and education of law on execution of criminal judgments and mobilize the people to observe the law on execution of criminal judgments.
Article 9. International cooperation in execution of criminal judgments
International cooperation in execution of criminal judgments between competent agencies of the Socialist Republic of Vietnam and respective competent agencies of foreign counterparts shall be carried out on the principle of respect for national independence, sovereignty, territorial integrity and non-intervention in one another's internal affairs, equality and mutual benefit, compliance with the Constitution of the Socialist Republic of Vietnam and the fundamental principles of international law to which Vietnam is a signatory.
If Vietnam and a country have not had any international treaty, their international cooperation in execution of criminal judgments shall be carried out in conformity with principle of reciprocity provided not in contravention of the Constitution of Vietnam and in accordance with international law and practices.
Article 10. Prohibited acts in the execution of criminal judgments
1. Destroying supervision and detention facilities; destroying and intentionally damaging property of supervision and detention facilities; organizing escape or escaping from supervision and detention places; organizing escape or escaping while being escorted for judgment execution; rescuing inmates, persons serving judicial measures or person being escorted for judgment execution.
2. Failing to abide by decisions to execute criminal judgments; obstructing or resisting the implementation of internal regulations on execution of criminal judgments or decisions or requests of competent authorities or persons in execution of criminal judgments.
3. Organizing, provoking, instigating, involving, enticing, abetting or forcing others to violate the law on execution of criminal judgments; taking revenge on or infringing upon the life, health, honor, dignity and property of persons in charge of executing criminal judgments.
4. Failing to issue decisions to execute criminal judgments; failing to execute decisions to set free persons who are released in accordance with law and other decisions of competent authorities or persons in execution of criminal judgments.
5. Giving, taking, brokering bribes, or causing harassment in execution of criminal judgments.
6. Illegally releasing persons who are in detention, are being escorted for judgment execution; showing irresponsibility in the management, guard and escort for judgment execution resulting in the escape of persons serving a prison sentence, death sentence or expulsion sentence.
7. Abusing positions and powers to request exemption from or reduction of the duration, postponement or suspension of the serving of a sentence, parole, or shortening probation period for ineligible persons; failing to request exemption from or reduction of the duration, postponement or suspension of serving a sentence, parole, or shortening probation period for eligible persons; requesting or failing to request early termination of serving judicial measures, postponement or suspension of serving judicial measures; obstructing sentenced persons or corporate legal entities from exercising the rights as specified in this Law.
8. Torturing and using brutal, inhuman or humiliating treatment or punishment against sentenced persons or persons serving judicial measures.
9. Differentiating, discriminating or infringing upon legitimate rights and interests of sentenced persons or corporate legal entities.
10. Issuing or refusing to issue decisions, certificates or other papers regarding execution of criminal judgments in violation of law.
11. Falsifying dossiers and records related to execution of criminal judgments.
Tìm kiếm
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