Chương VI Luật Thi hành án hình sự 2019: Thi hành án phạt cấm cư trú, quản chế

Chapter VI

EXECUTION OF PROHIBITION FROM RESIDENCE SENTENCE, MANDATORY SUPERVISION

Section 1. EXECUTION OF PROHIBITION FROM RESIDENCE SENTENCE

Article 107. Procedures for execution of prohibition from residence sentence

1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of prohibition from residence, the superintendent of the prison or detention center or the head of the criminal judgment execution agency of the provincial-level police department or military zone 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 prohibited 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 prohibited from residing.

2. Immediately after an inmate subject to the additional penalty of prohibition from residence completely serves his/her full prison sentence, the prison or detention center or the criminal judgment execution agency of the district-level police office or military zone 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 prohibition from residence sentence execution dossier to the commune-level People's Committee of the place in which such person will come to reside and of the place in which he/she is prohibited from residing. Such a dossier comprises:

a) A copy of the legally effective court judgment;

b) A copy of the decision to execute the prison sentence;

c) The certificate of complete serving of the prison sentence;

d) Other relevant documents.

4. Within 7 days after receiving the required documents prescribed in Clause 3 of this Article, the People’s Committee of commune where the sentenced person resides shall summon the sentenced person and require him/her to make a commitment to serve the sentence and prepare a dossier of supervision and education of such sentenced person. Such a dossier comprises:

a) Documents prescribed in Clause 3 of this Article;

b) A commitment of the sentenced person; remarks of the sentenced person’s performance during prohibition from residence sentence;

c) A report on violation of the sentenced person (if any);

d) A decision on penalty for administrative violation against the sentenced person (if any);

dd) A court decision on exemption from serving the remainder of the prohibition from residence sentence (if any);

e) Other relevant documents.

5. Three days before the expiration of the prohibition from residence term after receiving a decision on exemption from serving the remainder of the prohibition from residence sentence, 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 prohibition from residence 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.

6. If the sentenced person dies, the People’s Committee of commune where the sentenced person resides shall report the criminal judgment execution agency of district-level police office 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 the same-level procuracy, criminal judgment execution agency of district-level police office or of military zone, the People’s Committee of commune where the sentenced person resides and where the sentenced person is prohibited from residing, and Department of Justice of province where the court which issued the decision is based.

Article 108. 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) Receive the dossier and organize supervision and education of the sentenced person; to enable him/her to work and learn in normal condition;

b) Summon the sentenced person to notify the execution of sentence; inform rights and obligations and regulations relevant to the execution of sentence;

c) Give remarks in writing and keep dossier of the sentenced person’s serving of prohibition from residence sentence;

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

dd) Report the criminal judgment execution agency of district-level police office to request the competent court to consider exemption from the remainder of prohibition from residence sentence;

e) 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.

Article 109. Rights and obligations of persons serving prohibition from residence sentence

1. A person serving prohibition from residence sentence shall have the following rights:

a) Travel to places in which they are prohibited 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;

b) Be considered for exemption from serving the prohibition from residence sentence proposed by the People’s Committee of commune where he/she resides as per the law.

2. A person serving prohibition from residence sentence shall have the following obligations:

a) Refrain from residing in areas in which they are prohibited from residing, except for Point a Clause 1 of this Article;

b) Strictly abide by his/her commitment to comply with law;

c) Present himself/herself at the request of the People’s Committee of commune where the sentenced person resides.

Article 110. Procedures for exemption from serving the remainder of the prohibition from residence sentence

1. At the request of the commune-level People's Committee of the place in which a person serving prohibition from residence sentence comes to reside as such person has met all conditions prescribed in Clause 6 Article 62 of the Criminal Code, 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 prohibition from residence sentence, and send a copy of dossier to the same-level procuracy. Such a dossier comprises:

a) A copy of the legally effective court judgment or decision; 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 serving prohibition from residence for the exemption;

dd) Other relevant documents.

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 the remainder of the prohibition from residence 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 remainder of the prohibition from residence sentence, the court shall send this decision to the sentenced person concerned, the same-level procuracy, 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 where he/she resides or Department of Justice of province where the court which issued the decision is based.

Article 111. Actions against persons violating the terms of prohibition from residence sentence

1. If the sentenced person comes to reside without permission or resides longer than the length of time he/she is allowed to reside, the Chief of police office or the president of People’s Committee of commune shall impose an administrative penalty on him/her within their competence, compel him/her to leave the commune and notify the People’s Committee of commune where the sentenced person resides.

2. If the sentenced person fails to fulfill obligations prescribed in Point b and Point c Clause 2 Article 109 of this Law, he/she shall not be considered for exemption from the remainder of the prohibition from residence sentence.

Section 2. EXECUTION OF MANDATORY SUPERVISION

Article 112. Procedures for execution of mandatory supervision

1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional penalty of mandatory supervision, the superintendent of the prison shall notify such in writing as prescribed in Clause 1 Article 46 of this Law to 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 mandatory supervision.

2. After an inmate subject to the additional penalty of mandatory supervision completely serves the prison sentence, the prison shall hand over the person subject to mandatory supervision 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 supervision and education.

3. 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 mandatory supervision execution dossier to the commune-level People's Committee. Such a dossier comprises:

a) A copy of the legally effective court judgment;

b) A copy of the decision to execute the prison sentence;

c) The certificate of complete serving of the prison sentence;

c) A minutes on the handover of the person subject to mandatory supervision;

dd) Documents on the process of the serving of the prison sentence and other related documents.

4. Within 7 days after receiving the required documents prescribed in Clause 3 of this Article, the People’s Committee of commune where the sentenced person resides shall summon the sentenced person and require him/her to make a commitment to serve the sentence and prepare a dossier of supervision and education of such sentenced person. Such a dossier comprises:

a) Documents prescribed in Clause 3 of this Article;

b) Commitment of the person subject to mandatory supervision;

c) Remarks of sentenced person’s performance of mandatory supervision;

d) A report on violation of the sentenced person (if any);

dd) A decision on penalty for administrative violation against the sentenced person (if any);

e) A court decision on exemption from serving the remainder of the prohibition from residence sentence (if any);

g) Other relevant documents.

5. Three days before the expiration of the mandatory supervision term or within three days after receiving a decision on exemption from serving the remainder of the mandatory supervision, 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 mandatory supervision. 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.

6. If the sentenced person dies, the People’s Committee of commune where the sentenced person resides shall report the criminal judgment execution agency of district-level police office 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 the criminal judgment execution agency of district-level police office, the same-level procuracy, the People’s Committee of commune where the sentenced person resides, and Department of Justice of province where the court which issued the decision is based.

Article 113. Tasks and powers of commune-level People's Committees of places in which person subject to mandatory supervision comes 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) Receive the sentenced person and the mandatory supervision execution dossier; organize supervision and education of the sentenced person; enable him/her to normally work and learn in the place of mandatory supervision; make a written remark of the process of the serving of the sentence to be included in the supervision dossier;

b) Summon the sentenced person to notify the execution of sentence; inform rights and obligations and regulations relevant to the execution of sentence;

c) Request the sentenced person to commit and fulfill his/her obligations and fulfill such obligations; 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 mandatory supervision under Article 115 of this Law;

d) Make and send a written remark 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;

dd) Report the criminal judgment execution agency of district-level police office to request the competent court to consider exemption from the remainder of mandatory supervision;

e) 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.

Article 114. Rights and obligations of persons serving mandatory supervision

1. A person subject to mandatory supervision shall have the following rights:

a) Live with their families in places of mandatory supervision;

b) 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.

c) freely travel within communes, wards or townships of mandatory supervision;

d) Be considered for exemption from the serving of the remainder of the mandatory supervision under Article 117 of this Law.

2. A person subject to mandatory supervision shall have the following obligations:

a) Submit to the supervision and education of the commune-level People’s Committee of commune and local people; refrain from leaving the place of mandatory supervision without permission;

b) Present him/herself and report on his/her observance of mandatory supervision rules to the commune-level People's Committee in the place of mandatory supervision once in the first week of a month;

c) 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) 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;

dd) Declare his/her permitted temporary absence from the place of mandatory supervision; present 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; return to the place of mandatory supervision within the prescribed time limit and present him/herself to the commune-level People's Committee.

Article 115. Permission for persons subject to mandatory supervision to leave their places of mandatory supervision

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

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

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 mandatory supervision;

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 mandatory supervision.

2. The duration in which a person subject to mandatory supervision is permitted to be absent from the place of mandatory supervision 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 mandatory supervision may be equal to the duration of medical treatment at a health facility.

Article 116. Actions against persons violating the mandatory supervision rules

1. If the sentenced person deliberately violates the mandatory supervision rules as prescribed in Clause 2 Article 144 of this Law, the commune-level police office or military unit shall take a violation report and include it in the judgment execution dossier.

2. The person subject to mandatory supervision leaves the place of mandatory supervision without justifiable reasons, the leaving duration shall not be included in the serving time of mandatory supervision.

The person subject to mandatory supervision who violates the obligations prescribed in Clause 2 Article 114 of this Law shall, depending on nature and severity of the violation, face penalties for administrative violations or criminal prosecution.

Article 117. Procedures for exemption from serving the remainder of mandatory supervision

1. At the request of the commune-level People's Committee of place of mandatory supervision as such person has met all conditions prescribed in Clause 6 Article 62 of the Criminal Code, 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 mandatory supervision, and send a copy of dossier to the same-level procuracy. Such a dossier comprises:

a) A copy of the legally effective court judgment or decision; a copy of the judgment execution decision;

b) The written request of the commune-level People's Committee of the place of mandatory supervision;

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 mandatory supervision for exemption from serving the sentence;

dd) Other relevant documents.

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 the remainder of the mandatory supervision. 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 remainder of mandatory supervision, the court shall send this decision to the sentenced person concerned, the same-level procuracy, 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 of place of mandatory supervision or Department of Justice of province where the court which issued the decision is based.