Chương V Luật Thi hành án hình sự 2019: Thi hành án treo, án phạt cảnh cáo, cải tạo không giam giữ

Chapter V

EXECUTION OF SUSPENDED SENTENCE, WARNING PENALTY AND COMMUNITY SENTENCE

Section 1. EXECUTION OF SUSPENDED SENTENCE

Article 84. Decision to execute a suspended sentence

1. A decision to execute a sentence must clearly indicate the full name of the decision maker; 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 serving the suspended sentence; the imprisonment sentence and probation period to be served by such person; additional penalty(ies) except for fines; penalties for probation violation prescribed in Clause 5 Article 65 of the Criminal Code; the commune-level People's Committee or military unit assigned to supervise and educate such persons serving suspended sentence.

2. Within 3 working days after issuing a decision to execute a suspended sentence, the issuing court shall send the decision to the following individuals and agencies:

a) The person serving the suspended sentence and his/her representative if such person is a minor;

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 People’s Committee of commune or the military unit in charge of the persons serving suspended sentence;

dd) The Department of Justice of the province where the issuing court is based.

Article 85. 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 serving the suspended sentence or a lawful representative of the minor serving suspended sentence to the head office of the commune-level People's Committee of the place in which such person resides or the military unit for which such person works and he/she shall commit to serve the sentence. The person serving suspended sentence or representative must present himself/herself upon the summons, except for force majeure events or objective hindrance. If the persons serving suspended sentence fails to present him/herself upon the summons or commit to serve the sentence, the criminal judgment execution agency of district-level police office or of military zone shall take a record of probation violation.

2. On receiving the judgment execution decision, the criminal judgment execution agency of district-level police office or of military zone shall prepare a judgment execution dossier and send a copy of dossier to the People’s Committee of commune or the military unit in charge assigned to supervise and educate the persons serving suspended sentence. Such dossier includes:

a) The legally effective court judgment or decision;

b) The decision to execute the suspended sentence;

c) Commitment of the person serving 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 relevant documents.

3. Within 7 days after summoning the person serving the suspended sentence, the commune-level People's Committee or military unit assigned to supervise and educate the person serving suspended sentence shall prepare a dossier of such person. Such dossier includes:

a) Copies of documents prescribed in Clause 2 of this Article;

b) Remark of the person serving suspended sentence’s compliance with probation conditions made by the People’s Committee of commune or the military unit in charge;

c) The self-evaluation of the person serving suspended sentence’s compliance with probation conditions; and a written self-criticism and a meeting minutes of formal criticism if the person serving suspended sentence is put on formal criticism as prescribed in Article 91 of this Law;

d) A decision on shortening probation period if the person serving suspended sentence is so granted by the court;

dd) Other relevant documents.

4. Three days before the probation period expires, the People’s Committee of commune or the military unit in charge shall hand over the dossier of the person serving suspended sentence to the criminal judgment execution agency of district-level police office or of military zone. On the final day of the probation period, the criminal judgment execution agency of district-level police office or of military zone in charge shall issue a certificate of complete serving of probation period. The certificate shall be sent to the person serving suspended sentence, the People’s Committee of commune or the military unit in charge, the court which issued the judgment execution decision, the same-level Procuracy and Department of Justice of province where the court which issued the judgment execution decision is based.

5. If the person serving suspended sentence dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it to the agencies prescribed in Points b, c, d, and dd Clause 2 Article 84 of this Law.

Article 86. Tasks and powers of the People’s Committee of commune or the military unit in charge of the persons serving suspended sentence

1. The People’s Committee of commune or the military unit in charge of a person serving suspended sentence has the following tasks and powers:

a) Prepare relevant dossier and supervise and educate the person serving suspended sentence and hand over the dossier to the competent criminal judgment execution agency as per this Law;

b) Require the person serving suspended sentence to fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation of law;

c) Commend the person serving suspended sentence for his/her considerable progress or great merits (if any);

d) Give approval for the person serving suspended sentence's absence from his/her place of residence as prescribed in this Law and law on residence;

dd) Cooperate with socio-political organizations, person serving suspended sentence’s family and places where the person serving suspended sentence works or studies in supervising him/her;

e) Report the criminal judgment execution agency of district-level police office to request the same-level court to consider shortening probation period;

g) Report the criminal judgment execution agency of district-level police office to request the competent court to compel the force the person serving suspended sentence who commits probation violation to serve the original prison sentence as prescribed in this Law;

h) Report on the escape of the person serving suspended sentence to the criminal judgment execution agency of district-level police office;

i) Make monthly remarks of the person serving suspended sentence’s compliance with the probation conditions and keep the dossier of supervision and education;

k) Report on the judgment execution result to the competent criminal judgment execution agency.

2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.

3. The military unit in charge of a person serving suspended sentence has the following tasks and powers:

a) The tasks and powers prescribed in Points a, b, c, i and k Clause 1 hereof;

b) Cooperate with the People’s Committee of commune in giving approval for the person serving suspended sentence's absence from his/her place of residence as prescribed in this Law and law on residence;

c) Cooperate with the person serving suspended sentence’s family in supervising and educating him/her;

d) Report the criminal judgment execution agency of military zone to request the regional military court to consider shortening probation period;

dd) Report the competent criminal judgment execution agency to request the competent court to compel the force the person serving suspended sentence who commits probation violation to serve the original prison sentence as prescribed in this Law;

e) Report on the escape of the person serving suspended sentence to the criminal judgment execution agency of military zone.

Article 87. Obligations of persons serving suspended sentence

1. Present himself/herself upon the summons and commit to serve the sentence as prescribed in Clause 1 Article 85 of this Law.

2. Strictly fulfill his/her commitments on compliance with law, civil obligations, internal regulations of the places of residence, work and study; abide by all additional penalties, obligations of compensation for damage, except for objective reasons certified by the competent authority.

3. Submit to the supervision and education of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone where he/she resides or works.

4. Abide by regulations prescribed in Article 92 of this Law.

5. Present himself/herself at the request of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone.

6. Send monthly reports on compliance with his/her probation conditions to the People’s Committee of commune or the military unit in charge. If the person serving suspended sentence is absent from his/her place of residence as prescribed in Clause 1 Article 92 of this Law, he/she must send a report on compliance with his/her probation conditions upon the expiry of the absence period.

Article 88. Work and learning of persons serving suspended sentences

1. If a person serving a suspended sentence who is an official, public employee, commissioned officer, professional soldier, non­commissioned officer, soldier, defense worker, public security worker or another employee, is allowed to continue working at that workplace, he/she 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. If a person serving suspended sentence is admitted to study in a compulsory education institution or vocational education institution, he/she may benefit policies of such institution.

3. A person serving suspended sentence not falling under any case prescribed in Clause 1 and Clause 2 of this Article may be enabled to find a job by the People’s Committee of commune in charge.

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

Article 89. Shortening probation period imposed on persons serving suspended sentences

1. A person serving suspended sentence may request shortening of probation period when he/she:

a) has served a half of the probation period; and

b) has strictly complied with laws and regulations and probation conditions prescribed in Article 87 of this Law; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authorities.

2. A person serving suspended sentence may have his/her probation period shortened once a year for 1 month to 1 year. If the remainder of the probation period is under 1 month, it may be eliminated. A person serving suspended sentence may have his/her probation period shortened multiple times provided that he/she in fact has served at least three-fourths of the probation period.

3. If a person serving suspended sentence has made merits or has suffered a fatal disease and he/she has satisfied all conditions prescribed in Clause 1 hereof, the court may eliminate the remainder of his/her probation period.

4. If a person serving suspended sentence has his/her probation period shortened but he/she commits probation violation as prescribed in Article 87 of this Law and the court compels him/her to serve the original prison sentence, the shortened period shall not be included in the serving time of the prison sentence.

Article 90. Procedures for shortening probation period imposed on persons serving suspended sentences

1. The People’s Committee of commune or the military unit in charge of a person serving a suspended sentence shall verify if he/she meets all conditions for shortening of the probation period as prescribed in Clause 1 Article 89 of this Law. If so, the People’s Committee of commune or the military unit in charge shall send a request for shortening of probation period enclosed with relevant documents to the criminal judgment execution agency of district-level police office or of military zone for consideration.

2. Within 7 days after receiving such a request, the criminal judgment execution agency of district-level police office shall send its request for shortening of probation period of eligible person enclosed with relevant documents to the same-level court and procuracy. If such person serving suspended sentence is not eligible for shortening of probation period, the criminal judgment execution agency of district-level police office shall notify the People’s Committee of commune in charge in writing of such ineligibility.

Within 7 days after receiving such a request, the criminal judgment execution agency of military zone shall send its request for shortening of probation period of eligible person enclosed with relevant documents to the regional military court and procuracy. If such person serving suspended sentence is not eligible for shortening of probation period, the criminal judgment execution agency of military zone shall notify the military unit in charge in writing of such ineligibility.

3. A request dossier for shortening probation period shall comprise:

a) A written request for shortening probation period imposed on person serving suspended sentence;

b) A copy of the judgment. In case of consideration of the second-time shortening of the probation period, a copy of the suspended sentence execution decision is required instead;

c) A written request for shortening of the probation period made by the commune-level People's Committee or military unit assigned to supervise and educate the person serving the suspended sentence;

d) The commendation decision or certificate of merit issued by a competent agency, for those who have received commendation or made a great merit; or certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease;

dd) A copy of the decision to shorten the probation period, for those whose probation period was already shortened.

4. Within 7 days after receiving a dossier of request for shortening of the probation period, the chief judge of people’s court of district or military zone where the person serving suspended sentence resides or works shall form a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

5. Within 3 days from the date on which the decision to accept totally or partially or not to accept the request for shortening of probation period is issued, the court must send that decision to the sentenced person, the same-level procuracy, the immediate superior Procuracy, the agency which requests shortening of probation period, the court which issued the decision on suspended sentence, the Department of Justice of province where the court which issued the decision on suspended sentence is based.

Article 91. Formal criticism against persons serving suspended sentence

1. During the probation period, if a person serving suspended sentence falls under any of the following cases, the People’s Committee of commune or the military unit in charge shall hold a formal criticism against him/her:

a) He/she keeps breaching probation conditions prescribed in Clauses 2, 3, 4, 5, and 6 Article 87 of this Law though he/she has been warned in writing;

b) He/she has incurred a penalty for administrative violation.

2. The formal criticism shall be recorded in writing and included in the supervision dossier and reported to the criminal judgment execution agency of district-level police office or of military zone.

Article 92. Dealing with person serving suspended sentence’s change of place of residence or work

1. A person serving suspended sentence may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and make a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall not exceed 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.

2. When seeking permission for absence from place of residence, a person serving suspended sentence must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing. When the person serving suspended sentence comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the person serving suspended sentence commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall send a notice enclosed with relevant documents to the People’s Committee of commune or the military unit in charge.

3. The person serving suspended sentence’s change of place of residence or work shall be dealt with in accordance with Article 68 of this Law.

4. A person serving suspended sentence may not leave Vietnam’s territory during his/her probation period.

Article 93. Actions against violations committed by persons serving suspended sentences

1. If a person serving suspended sentence commits probation violation prescribed in Clause 1 Article 87 of this Law, the criminal judgment execution agency of district-level police office or of military zone shall take a violation report and require the person serving suspended sentence to present himself/herself within 7 days from the date of violation report. After this time limit, if the person serving suspended sentence fails to appear, the criminal judgment execution agency of district-level police office or of military zone shall take a violation report and request the people’s court of district where he/she resides or the military court where he/she works to compel him/her to serve the original prison sentence.

2. During the probation period, if a person serving suspended sentence who had been formally criticized as prescribed in Article 91 of this Law keeps breaching the probation condition and has been warned in writing, and then he/she still deliberately commits violation, the commune-level police office shall propose the People’s Committee of commune to request the criminal judgment execution agency of district-level police office to request the competent court to compel him/her to serve the original prison sentence.

3. Within 5 working days after receiving such a request, the criminal judgment execution agency of district-level police office shall make a dossier of request for forced serving of the original prison sentence to the people’s court of district for consideration and also to the same-level procuracy. Such dossier includes:

a) The request of the criminal judgment execution agency of district-level police office;

b) The report made by the People’s Committee of commune in charge specifying that the person serving suspended sentence having committed probation violations at least 2 times;

c) The record specifying the person serving suspended sentence’s probation violation;

d) The decision on penalty for administrative violation if the person serving suspended sentence incurred a penalty for administrative violation;

dd) The record of formal criticism against the person serving suspended sentence violating probation conditions;

e) Other relevant documents.

4. During the probation period, if a person serving suspended sentence who had been formally criticized as prescribed in Article 91 of this Law keeps breaching the probation condition and has been warned in writing, and then he/she still deliberately commits violation, the military unit shall take a violation record and propose the criminal judgment execution agency of military zone to request the competent court to compel him/her to serve the original prison sentence, and also send the request to the same-level procuracy. Such dossier includes:

a) The request of the criminal judgment execution agency of military zone;

b) The report made by the military unit in charge specifying that the person serving suspended sentence having committed probation violations at least 2 times;

c) The record specifying the person serving suspended sentence’s probation violation;

d) The decision on penalty for administrative violation if the person serving suspended sentence incurred a penalty for administrative violation;

dd) The record of formal criticism against the person serving suspended sentence violating probation conditions;

e) Other relevant documents.

5. Within 5 days after receiving a dossier of request for shortening of the probation period, the chief judge of people’s court of district or military zone where the person serving suspended sentence resides or works shall form a council and hold a meeting to consider issuing a decision to compel the serving of the original prison sentence. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

Within 3 working days after issuing a decision to cancel compel the serving of the original prison sentence, the issuing court shall send the decision to the individuals and agencies prescribed in Clause 2 Article 84 of this Law.

6. Within 3 working days from the effective date of the court decision, the criminal judgment execution agency of district-level police office or of military zone shall send the person serving suspended sentence concerned to serve his/her original prison sentence. If the person serving suspended sentence concerned escapes, the criminal judgment execution agency of district-level police office or of military zone shall request the competent criminal judgment execution agency to release a wanted notice.

If the court rejects the request for forced serving of original prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall keep that decision and relevant documents to the suspended sentence execution dossier and send the decision to the People’s Committee of commune or military unit in charge for further supervision and education.

Article 94. Responsibilities of agencies, organizations, families of persons serving suspended sentence in supervision and education

1. Relevant agencies and organizations shall cooperate with the People’s Committee of commune or the military unit in charge in supervising and educating the persons serving suspended sentence.

2. Families of persons serving suspended sentence shall cooperate in supervising and educating these persons and notify the results of serving of the sentences by these persons to the commune-level People's Committees in charge upon request; and attend formal criticism meetings against persons serving suspended sentences upon request of the People’s Committee of commune or the military unit in charge.

Section 2. EXECUTION OF WARNING PENALTY

Article 95. Execution of the warning penalty

1. 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 receiving the warning penalty, the criminal judgment execution agency of the district-level police office or military zone, the commune-level People's Committee or the military unit in which he/she resides or works, and the Justice Department of province where the first instance court is based.

2. 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 COMMUNITY SENTENCE

Article 96. Decision on execution of community sentence

1. A decision on execution of community sentence must clearly indicate the full name of the decision maker; the judgment to be executed; the full name, date of birth and place of residence of the sentenced person; the community sentence term; additional penalty(ies) except for fines; the name of the agency in charge of execution; the commune-level People's Committee or military unit assigned to supervise and educate the sentenced person.

2. Within 3 working days after issuing a decision to execute a community sentence, the issuing court shall send the decision to the following individuals and agencies:

a) The sentenced person and his/her representative if the sentenced person is under 18 years of age;

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 People’s Committee of commune or the military unit in charge of the sentenced person;

dd) The Department of Justice of the province where the issuing court is based.

Article 97. Execution of decision on execution of community sentence

1. Within 3 working days after receiving the community sentence execution decision, the criminal judgment execution agency of the district-level police office or military zone shall summon the sentenced person or a lawful representative of the minor sentenced person to the head office of the commune-level People's Committee of the place in which such person resides or the military unit for which such person works and he/she shall commit to serve the sentence. The sentenced person or representative must present himself/herself upon the summons, except for force majeure events or objective hindrance. If the sentenced person fails to present him/herself upon the summons or commit to serve the sentence, the criminal judgment execution agency of district-level police office or of military zone shall take a record of violation.

2. On receiving the community sentence execution decision, the criminal judgment execution agency of district-level police office or of military zone shall prepare a judgment execution dossier and send a copy of dossier to the People’s Committee of commune or the military unit in charge assigned to supervise and educate the sentenced person. Such dossier includes:

a) A legally effective court judgment or decision;

b) The decision to execute the community sentence;

c) Commitment of the sentenced person. 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 relevant documents.

3. Within 7 days after summoning the sentenced person, the commune-level People's Committee or military unit assigned to supervise and educate the sentenced person shall prepare a dossier of supervision and education of such person. Such dossier includes:

a) Copies of documents prescribed in Clause 2 of this Article;

b) Remark of the sentenced person’s performance of community order requirements made by the People’s Committee of commune or the military unit in charge;

c) The self-evaluation of the sentenced person’s compliance with community order requirements; and a written self-criticism and a meeting minutes of formal criticism if the sentenced person is put on formal criticism as prescribed in Article 105 of this Law;

d) A decision on reduction of or exemption from the duration of serving community sentence issued by the court if the sentenced person is so granted;

dd) Other relevant documents.

4. 3 days before the serving time expires, the People’s Committee of commune or the military unit in charge shall hand over the dossier of supervision and education of the sentenced person to the criminal judgment execution agency of district-level police office or of military zone. On the final day of the serving time of the community sentence, the criminal judgment execution agency of district-level police office or of military zone shall issue the sentenced person with a certificate of complete serving of community sentence. The certificate shall be sent to the sentenced person, the People’s Committee of commune or the military unit in charge, the court which issued the judgment execution decision, the same-level Procuracy and Department of Justice of province where the court which issued the judgment execution decision is based.

5. If the sentenced person dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it to the agencies prescribed in Points b, c, d, and dd Clause 2 Article 96 of this Law.

Article 98. Tasks and powers of the People’s Committee of commune or the military unit in charge of the persons serving community sentence

1. The People’s Committee of commune in charge of a sentenced person has the following tasks and powers:

a) Prepare relevant dossier and supervise and educate the sentenced person and hand over the dossier to the competent criminal judgment execution agency as per this Law;

b) Require the sentenced person to fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation of law;

c) Commend the sentenced person sentence for his/her considerable progress or great merits (if any);

d) Give approval for the sentenced person's absence from his/her place of residence as prescribed in this Law and law on residence;

dd) Cooperate with socio-political organizations, sentenced person’s family and places where the sentenced person works or studies in supervising him/her;

e) Report the criminal judgment execution agency of district-level police office to request the competent court to consider reduction of or exemption from the duration of serving sentence;

g) Cooperate with the civil enforcement agency in deducting particle amount from the sentenced person's income and transferring it to state budget under a legally effective court decision;

h) Supervise the sentenced person when he/she performs community services;

i) Request the competent authority or person to impose administrative penalties or bring criminal prosecution against the sentenced person in the case prescribed in Clause 2 Article 105 of this Law;

k) Make monthly remarks of the sentenced person’s compliance with community order requirements and keep the dossier of supervision and education;

l) Report on the judgment execution result to the competent criminal judgment execution agency.

2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.

3. The military unit in charge of a compliance with community order requirements has the following tasks and powers:

a) The tasks and powers prescribed in Points a, b, c, g, I, k and l Clause 1 hereof;

b) Cooperate with the People’s Committee of commune in giving approval for the sentenced person's absence from his/her place of residence as prescribed in this Law and law on residence;

c) Cooperate with the sentenced person’s family and the People’s Committee of commune in supervising and educating him/her;

d) Report the criminal judgment execution agency of military zone to request the competent court to consider reduction of or exemption from the duration of serving sentence.

Article 99. Obligations of persons serving community sentences

1. Present himself/herself upon the summons and commit to serve the sentence as prescribed in Clause 1 Article 97 of this Law.

2. Strictly abide by law compliance statement, fulfill citizen obligations, international regulations of their places of residence or work; actively participate in labor and study; fulfill obligation to pay damages and serve the additional penalty(ies) under the court judgment.

3. Pay partial amount of income which is deducted; perform certain community services as per the law.

4. Submit to the supervision and education of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone where he/she resides or works.

5. Abide by regulations prescribed in Article 100 of this Law.

6. Present himself/herself at the request of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone.

7. Send monthly self-remarks of the sentenced person’s compliance with community order requirements to the People’s Committee of commune or the military unit in charge, except for the case prescribed in Clause 1 Article 100 of this Law.

Article 100. Dealing with the person serving community sentence’s absence from or change of the place of residence or work

1. A person serving community sentence may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and make a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall not exceed 30 days each and total absence duration may not exceed one third of the serving time, unless the sentenced person has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.

2. When seeking permission for absence from place of residence, a sentenced person must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provide explanation in writing. When the sentenced person comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the sentenced person commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall send a notice enclosed with relevant documents to the People’s Committee of commune or the military unit in charge.

3. The sentenced person’s change of place of residence or work in military shall be dealt with in accordance with Article 68 of this Law.

4. The sentenced person may not leave Vietnam’s territory during his/her serving time.

Article 101. Work and learning of persons serving community sentences

1. If a sentenced person who is an official, public employee, commissioned officer, professional soldier, non­commissioned officer, soldier, defense worker, public security worker or another employee, is allowed to continue working at that workplace, he/she 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. If a sentenced person is admitted to study in a compulsory education institution or vocational education institution, he/she may benefit policies of such institution.

3. A sentenced person not falling under any case prescribed in Clause 1 and Clause 2 of this Article may be enabled to find a job by the People’s Committee of commune in charge.

4. A sentenced person who is entitled to incentives for persons with meritorious services to the revolution or on social insurance scheme may keep benefiting those policies as per the law.

5. A sentenced person who has no employment or losses a job during his/her serving time is required to perform certain community services.

Within 3 working days from the date on which the sentenced person is determined as unemployed or losing his/her job, the commune-level police office shall report the same-level People’s Committee in writing; within 3 working days after receiving the report, the People’s Committee of commune shall report the criminal judgment execution agency of district-level police office.

Within 3 working days after receiving the report of the People’s Committee of commune, the criminal judgment execution agency of district-level police office shall consider forcing the sentenced person to perform certain community services.

The report of the People’s Committee of commune and decision of the criminal judgment execution agency of district-level police office shall specify the type of service(s) and estimated performance duration that the sentenced person is bound by.

Based on the decision to force the sentenced person to perform certain community services, the People’s Committee of commune shall assign the sentenced person certain community services under the supervision of the commune-level police office.

Article 102. Reduction of the duration of serving community sentences

1. The sentenced person may be granted the reduction of the duration of serving sentence by the People’s Court of district or regional military court when he/she:

a) has served one third of the serving time; or one fourth of the serving time in case of a minor;

b) has strictly complied with laws and regulations and probation conditions prescribed in Article 99 of this Law; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authorities;

c) has paid partial civil damages if he/she incurs civil liability.

2. The sentenced person shall be considered for reduction of the duration of serving prison sentence once a year, with 3 to 9 months for each reduction.

3. The sentenced person may be granted reduction of the duration of serving prison sentence multiple times provided that he/she has served a half of the sentence in fact, or two-fifths of the sentence in case of a minor.

4. A sentenced person who has made merits, is a decrepit old person or has suffered a fatal disease and has served one-fourth of the sentence may be considered for reduction of the duration of serving sentence, with up to 1 year for each reduction provided that he/she has served two-fifths of the sentence.

5. A sentenced person who is a minor and has made merits or has suffered a fatal disease may be considered for reduction of the duration of serving sentence immediately. If he/she has already served two-fifths of the sentence, the remainder of the sentence may be eliminated.

Article 103. Procedures for reduction of the duration of serving community sentences

1. The People’s Committee of commune or the military unit in charge of a sentenced person shall verify if he/she meets all conditions for reduction of the duration of serving sentence as prescribed. If so, the People’s Committee of commune or the military unit in charge shall send a request for reduction of the duration of serving sentence enclosed with relevant documents to the criminal judgment execution agency of district-level police office or of military zone for consideration.

2. Within 7 days after receiving such a request, the criminal judgment execution agency of district-level police office shall send its request for reduction of the duration of serving sentence of eligible persons enclosed with relevant documents to the same-level court and procuracy. If such sentenced person is not eligible for reduction of the duration of serving sentence, the criminal judgment execution agency of district-level police office shall notify the People’s Committee of commune in charge in writing.

Within 7 days after receiving such a request, the criminal judgment execution agency of military zone shall send its request for reduction of the duration of serving sentence of eligible person enclosed with relevant documents to the regional military court and procuracy. If such sentenced person is not eligible for reduction of the duration of serving sentence, the criminal judgment execution agency of military zone shall notify the military unit in charge in writing.

3. A request dossier for reduction of the duration of serving sentence shall include:

a) A request for reduction of the duration of serving sentence made by the sentenced person;

b) A copy of the judgment. In case of consideration of the second-time reduction of the duration of serving sentence, a copy of judgment execution decision is required instead;

c) The request for reduction of the duration of serving sentence made by the People’s Committee of commune or the military unit in charge of the sentenced person;

d) The commendation decision or certificate of merit issued by a competent agency, for those who have received commendation or made a great merit; or certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease; document proving that they have fulfilled a part of civil liability;

dd) A copy of the decision on reduction of the duration of serving sentence if the sentenced person is so granted;

e) Other relevant documents.

4. Within 07 days after receiving a request dossier for reduction of the duration of serving the prison sentence, the chief judge of people's court of district or the chief Judge of military court of the military zone in which the sentenced person resides or work shall establish a council and hold a meeting to consider the request for reduction of the duration of serving community sentence. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

5. Within 3 working days after issuing a decision to wholly, partially accept or not accept the reduction of duration of serving the sentence, the court shall send this decision to the sentenced person concerned, the 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 104. Procedures for exemption from the duration of serving community sentence

1. The people’s procuracy of district-level police office or of military zone where the sentenced person resides or works shall, at their discretion or at the request of the criminal judgment execution agency of district-level police office or of military zone, send a request dossier to the same-level procuracy court for exemption from serving sentence. Such dossier includes:

a) A copy of the legally effective court judgment;

b) The written request of the chief procurator;

c) A request made by the criminal judgment execution agency if this agency makes such a request;

d) A request for exemption from serving sentence made by the sentenced person or his/her representative as per the law;

dd) The commendation certificate of merit issued by a competent agency, for those who have made merits; certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease; the certification of good observance of law or severely disadvantaged family circumstances issued by the competent agency, for those who have observed law well have severely disadvantaged family circumstances.

2. Within 15 days after receiving a dossier prescribed in Clause 1 hereof, the chief judge shall establish a council and hold a meeting to consider the request for exemption from serving sentence. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

3. Within 3 working days after issuing a decision to exempt the duration of serving the sentence, the court shall send this decision to the sentenced person concerned, , the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision and the People’s Committee of commune or military unit in charge or Department of Justice of province where the court which issued the decision is based.

Article 105. Actions against violations committed by persons serving community sentences

1. If the sentenced person deliberately violates the terms of community sentence as prescribed in Article 99 of this Law, the commune-level police office or military unit shall take a violation report. If two violation reports have been taken but the sentenced person still violates the terms of community sentence, the commune-level police office shall request the People’s Committee of commune in charge to hold a formal criticism against him/her; if the sentenced person is supervised by a military unit, such military unit shall hold a formal criticism against him/her.

The formal criticism shall be recorded in writing and included in the supervision dossier and reported to the criminal judgment execution agency of district-level police office or of military zone.

2. A sentenced person who was formally criticized but still intentionally violates the terms of community sentence as prescribed in Article 99 of this Law, he/she shall not be considered for reduction of the duration of serving sentence. Depending on nature and severity of the violation, the People’s Committee of commune or the military unit in charge shall request the competent authority to impose an administrative penalty or bring criminal prosecution against him/her.

Article 106. Responsibilities of agencies, organizations, families of persons serving community sentence in supervision and education

1. Relevant agencies and organizations shall cooperate with the People’s Committee of commune or the military unit in charge in supervising and educating the sentenced person.

2. Families of sentenced persons shall cooperate in supervising and educating these persons and notify the results of serving of the sentences by these persons to the commune-level People's Committees in charge upon request; and attend formal criticism meetings against persons serving suspended sentences upon request of the People’s Committee of commune or the military unit in charge.