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JOINT CIRCULAR

ON COOPERATION IN IMPLEMENTATION OF CERTAIN REGULATIONS OF THE LAW ON EXECUTION OF CRIMINAL JUDGMENTS IN THE COMMUNITY

Pursuant to the Law on Execution of Criminal Judgments dated June 14, 2019;

Pursuant to the Criminal Procedure Code dated November 27, 2015; Law on amendments to the Criminal Procedure Code dated June 20, 2017;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; Law on amendments to the Law on Promulgation of Legal Documents dated June 18, 2020;

The Minister of Public Security, the Minister of National Defense, the Chief Justice of the Supreme People’s Court, and the Chief Procurator of the Supreme People’s Procuracy jointly issue a Circular on cooperation in implementation of certain regulations of the Law on Execution of Criminal Judgments in the community.

Chapter I

GENERAL PROVISIONS

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This Circular provides for the cooperation in implementation of regulations of the Law on Execution of Criminal Judgments on procedures for execution of suspended sentences, non-custodial sentences, residency restrictions, mandatory supervision, prohibition from holding certain positions, practicing his/her profession or doing certain jobs, and deprivation of certain citizenship rights; execution of decisions against persons sentenced to prison who are on bail and the judgments are legally effective, postponement of the serving of prison sentences, suspension of the serving of prison sentences, and parole.

Article 2. Regulated entities

This Joint Circular applies to:

1. Courts, Procuracies, criminal judgment execution agencies (hereinafter referred to as execution agencies), agencies tasked with execution of criminal judgments, the commune-level police offices; competent persons, and their responsibilities.

2. Persons who serve suspended sentences; non-custodial sentences, residency restrictions, probation, deprivation of certain citizenship rights, prohibition from holding certain positions, practicing his/her profession, or doing certain jobs, persons whose prison sentences are postponed or suspended, parolees (hereinafter referred to as sentenced persons).

3. Other agencies, organizations, individuals related to execution of criminal judgments in the community.

Chapter II

SPECIFIC PROVISIONS

Article 3. Execution of suspended sentence, non-custodial sentence in case the sentenced person no longer lives in his/her residence when the execution agency of district-level police office (hereinafter referred to as district police) receives a decision on judgment execution

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1. If the place of residence of the sentenced person is identified, request him/her to return to his/her place of residence; make a record of probation violation and continue to carry out judgment execution procedures in accordance with the Law on Criminal Judgment Execution.

2. In case the sentenced person has been approved for his/her change of place of residence by a competent agency, the agency shall communicate in writing and transfer the judgment or judgment execution decision to the execution agency of district police where the sentenced person currently resides to execute the judgment in accordance with the Law on Execution of Criminal Judgments, and also notify the People's Procuracy of the same level.

In case a sentenced person has not been approved for his/her change of place of residence by the competent agency, the agency shall summon the sentenced person to the headquarters of the execution agency of district police, make a record of probation violation; communicate in writing and transfer the judgment or judgment execution decision to the execution agency of the district police where the sentenced person currently resides to execute the judgment in accordance with the Law on Execution of Criminal Judgments, and also notify the People's Procuracy of the same level.

The execution agency of the district police or the People's Committee of commune where the sentenced person has resided shall receive the judgment or judgment execution judgment and execute the judgment in accordance with the Law on Execution of Criminal Judgments.

3. In case the sentenced person has absconded from his/her residence, Clause 1, Article 93 of the Law on Execution of Criminal Judgment for those with suspended sentences shall be followed; conduct the search and take further actions according to the provisions of law against persons who serve non-custodial sentences.

Article 4. Coordination in the execution of suspended sentences and non-custodial sentences in case the Court assigns the supervision agency/organization (agency/organization where the sentenced person works or studies) to supervise and educate the sentenced person

In case the Court assigns the person serving a suspended sentence or the person serving the sentence of non-custodial sentences to the supervision agency/organization (not a military unit), the following procedures shall be followed:

1. Within 03 working days from the date of receipt of the judgment execution decision, the execution agency of the district police shall summon the sentenced person to its head office to commit to serving the sentence; prepare a judgment execution dossier, send a notice and copies of the documents specified in Clause 2, Article 85 and Clause 2, Article 97 of the Law on Execution of Criminal Judgments to the supervision agency/organization.

2. The execution agency of the district police shall guide the supervision agency/organization to execute the judgment as follows:

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b) On a monthly basis, the head of the supervision agency/organization shall certify in the self-review of the sentenced person; give written comments on how the sentenced person has served the sentence, send it to the execution agency of the district police and keep a supervision record of the sentenced person;

c) 3 days before the end of the probation period, the supervision agency/organization shall hand over the supervision dossier to the execution agency of the district police to issue a certificate of sentence completion according to Clause 4, Article 85 and Clause 4, Article 97 of the Law on Execution of Criminal Judgments;

d) Report to the execution agency of the district police to request shortening of the probation period, reduction or exemption of the sentence term of non-custodial sentence when fully satisfying the conditions;

dd) Report to the execution agency of the district police when the sentenced person commits his/her probation violation or legal violations for further actions;

e) Coordinate with the People's Committee of the commune where the sentenced person resides in supervising and educating the sentenced person.

3. In case the sentenced person has an application to transfer the place where he/she will serve the sentence to the People's Committee of the commune where he/she resides, the supervision agency/organization shall transfer the judgment execution dossier, supervision dossier to the execution agency of the district police, the People's Committee of the commune where the sentenced person resides to continue the judgment execution; the supervision agency/organization shall also notify the transfer of judgment execution to the Court that has issued the judgment execution decision, the Procuracies at the old location at the new location.

Article 5. Determination of commencement date of sentence, sentence period

1. Commencement date of sentence is determined as follows:

a) Commencement date of suspended sentence shall comply with Article 5 of Resolution No. 02/2018/NQ-HDTP dated May 15, 2018 of the Council of Judges of the Supreme People's Court on guidelines for the application of Article 65 of the Criminal Code on suspended sentences and Clause 4, Article 1 of Resolution No. 01/2022/NQ-HDTP dated April 15, 2022 of the Council of Judges of the Supreme People's Court on amendments to Resolution No. 02/2018/NQ-HDTP dated May 15, 2018 of the Council of Judges of the Supreme People's Court on guidelines for the application of Article 65 of the Criminal Code on suspended sentences;

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c) Commencement date of residency restriction, probation is the date of prison sentence completion;

d) Commencement date of deprivation of certain citizenship rights is the date of prison sentence completion or the date on which the judgment is legally effective in a case where the convict has his/her sentence suspended.

dd) Commencement date of prohibited from holding certain positions, practicing his/her profession or doing certain jobs is the date of prison sentence completion or the date on which the judgment is legally effective in a case where the primary penalty is warning, fine, or non-custodial sentence, or in a case where the convict has his/her sentence suspended.

2. In case the probationer violates Clause 2, Article 116 of the Law on Execution of Criminal Judgments, the number of days of leaving the probation place without a permit or the number of days exceeding the approved number of days stated in the permit of leave is not included in the probation period.

Based on the document recording that the probationer has left the probation place without a permit or has committed a breach of the permit of leave, the People’s Committee of commune shall report it to the execution agency of district police to issue a decision on a given duration not included in the probation period and send it to the People’s Committee of commune, the Court that has issued the judgment execution decision and the Procuracy of the same level.

Article 6. Judgment execution in case the sentenced person has to serve multiple penalties concurrently

1. In case the sentenced person has to serve multiple penalties concurrently, each penalty shall be executed separately in accordance with the Law on Execution of Criminal Judgments.

2. If a person serving a suspended sentence is concurrently serving a prison sentence, the supervision authority, which is the People's Committee of the commune or the military unit, shall notify that to the prison, detention center or the execution agency of the district police or the military zone-level execution agency where the sentenced person is being supervised; the regulations on summoning of the sentenced person, shortening of the probation period, and monthly reports regarding the person serving the suspended sentence will not apply.

In case the probation period expires but the prison sentence has not been fully served, the execution agency of the district police or the military zone-level execution agency shall issue a certificate of completion of the probation period, and then send it to the agencies, organizations and individuals specified in Clause 4, Article 85 of the Law on Execution of Criminal Judgments, as well as to the prison, detention center, execution agency of district police or military zone where the sentenced person is being supervised.

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3. If a person is both on parole and subject to an additional penalty, which is residency restriction, probation, deprivation of certain citizenship rights, or prohibition from holding certain positions, practicing his/her profession, or doing certain jobs, upon completion of the probation period, the execution agency of the district police shall execute that additional penalty.

Article 7. Comments and reports on judgment execution

1. The People’s Committee of commune or military unit shall make monthly reports on how the sentenced person has served the suspended sentence, non-custodial sentence, postponed prison sentence, or parole.

The reporting period commences from the first date of the reporting month (for the first month, that is the commencement date of sentence) to the last date of the reporting month (for the last month, that is the date on which the supervision dossier related to the sentenced person who has served the suspended sentence, non-custodial sentence, postponed prison sentence, or parole is handed over to the execution agency of the district police or military zone).

Within the first 5 days of the following month (following the reporting month), the People's Committee of commune or military unit must complete the report and send it to the execution agency of the district police or military zone to keep the judgment execution dossier.

2. The People’s Committee of commune shall comment on the process of serving the probation every 3 months.

The commenting period commences from the first date of the first month of the commenting period (for the first period, that is the commencement date of sentence) to the last date of the last month of the commenting period (for the last period, that is the date on which the supervision dossier related to the probationer to the execution agency of the district police).

Within the first 5 days of the following month (following the commenting period), the People's Committee of commune must complete the comments; complete the supervision dossier of the probationer and send it to the execution agency of the district police for keeping.

3. The report on execution of prohibition from holding certain positions, practicing certain professions, or doing certain jobs specified in Article 131 of the Law on Execution of Criminal Judgments shall be made as follows:

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The reporting period commences from the first date of first month of the reporting period (for the first period, that is the starting date of sentence) to the last date of the last month of the reporting period (for the last period, that is the ending date of sentence).

Within the first 5 days of the following month, the supervision agency/organization of the sentenced person must send a report to the execution agency of the district police for keeping it in the execution dossier.

b) The People's Committee of the commune where the sentenced person resides shall report the results of the entire judgment execution process to the execution agency of the district police within 03 working days before the expiration of the sentence serving term.

Article 8. Approval/disapproval for change of place of residence or workplace of sentenced person

1. If a parolee, a person with postposed prison sentence, suspended sentence or non-custodial sentence changes his or her place of residence or workplace, Article 68, Clause 3, Article 25, Clause 3, Article 92, and Clause 3, Article 100 of the Law on Execution of Criminal Judgments and regulations of the Minister of Public Security and the Minister of National Defense on the implementation of the Law on Execution of Criminal Judgments will apply.

2. When a probationer or a person serving a postposed prison sentence is forced to relocate due to unavoidable circumstances, such as losing their place of residence or being obliged to move in with someone else for care or other reasons, the execution agency of the district police shall report it to the execution agency of the province police to forward it the execution agency of the Ministry of Public Security for consideration and decision.

If the change of residence is approved, the execution agency of the district police shall issue such a decision and also send a notice to the Court and Procuracy of the same level, the Court that has issued the judgment execution decision, the Court that has issued the suspension decision; and then hand over the relevant dossier to the execution agency of the district police of the new location for further supervision as per the Law of Execution of Criminal Judgments.

3. If the person serving the residency restriction changes his/her place of residence, the following actions shall be taken:

The People’s Committee of commune must report and hand over the supervision dossier of a sentenced person to the execution agency of district police within 3 working days from the date they have valid reasons to believe the person has changed their place of residence.

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Within 5 working days from the date of receipt of the report, the execution agency of the new district shall notify and hand over the judgment execution dossier and the supervision dossier of the sentenced person to the People’s Committee of new commune, and also give a notice to the same-level Procuracy.

4. If the person serving deprivation of certain citizenship rights, or prohibition from holding certain positions, practicing his/her profession or doing certain jobs changes his/her place of residence, the execution agency of old district must report and hand over the execution dossier the execution agency of new district, and also give a notice to the same-level Procuracy, within 3 working days from the date they have valid reasons to believe the person has changed their place of residence

Within 7 working days from the date of receipt of the report, the execution agency of the new district shall notify and hand over the judgment execution dossier and the supervision dossier of the sentenced person to the People’s Committee of new commune, and also give a notice to the same-level Procuracy.

Article 9. Judgment execution for cases transferred by competent military agencies or units

1. In case of receiving a judgment execution decision transferred by a military court, the execution agency of district police shall execute the judgment according to the Law on Execution of Criminal Judgments.

2. In case the person serving suspended sentence or non-custodial sentence leaves the army but the execution agency of the military zone hands over the judgment execution dossier and supervision dossier of the sentenced person to the execution agency of district police where the sentenced person resides, that execution agency shall receive the dossiers and continue to execute the judgment according to the Law on Execution of Criminal Judgments.

Article 10. Formal criticism against parolee, person serving suspended sentence or non-custodial sentence who commits probation violations or legal violations

1. Formal criticism against parolee, person serving suspended sentence or non-custodial sentence who commits obligation breaches or legal violations shall comply with Articles 66, 91 and 105 of the Law on Execution of Criminal Judgments.

2. In case the sentenced person fails to appear for formal criticism within the given timeframe without a valid reason, it will be recorded as a breach of obligation and absence from formal criticism. The record of formal criticism in the absence of the sentenced person is valid as if the sentenced person is present.

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1. Promptly after the sentenced person is sent to a reformatory school, compulsory education institution, compulsory health facility or compulsory detoxification facility, the People’s Committee of commune shall send a written notice to such facility to cooperate in executing the judgment; report to the execution agency of the district police for supervision, and send a notice to the same-level Procuracy.

2. If the sentenced person has completed their time at the facility but has not served their full sentence yet, the People's Committee of the commune must summon them to the head office upon their return to the place of residence. The Committee needs to request the sentenced person to continue serving the sentence and report it to the district police's execution agency.

If the sentenced person has fully served their sentence, but has not completed their time at the facility, the People’s Committee of commune shall request the facility to provide feedback on whether the sentenced person followed all rules and regulations during their stay there. The Committee shall hand over the supervision dossier of the person serving suspended sentences, non-custodial sentence, or residency restriction; the supervision dossier of the probationer, the person with postponed prison sentence or on parole to the execution agency of the district police to issue a certificate of complete serving of the sentence.

Article 12. Taking actions against decision on annulment of a judgment being executed

Within 7 working days after receiving a decision on annulment of the judgment being executed, the execution agency of district police or military zone shall request the People’s Committee of commune or military unit to hand over the supervision dossier of the person serving the suspended sentence, non-custodial sentence, residency restriction, the probationer, the person with postponed prison sentence, or the parolee, and then follow the procedures outlined in such decision

Article 13. Performing community service for non-custodial sentences

1. The commune police shall request the sentenced person to write an unemployment report and coordinate with relevant agencies in verifying whether he/she is genuinely unemployed or has recently lost their job. The commune police shall request the People’s Committee to impose certain community services on him/her.

2. The sentenced person of non-custodial sentence shall perform the community services in compliance with Clause 5, Article 101 of the Law on Execution of Criminal Judgments. If it is determined that the sentenced person either has a job or is exempt from community service, as stated in Clause 4, Article 36 of the Criminal Code, the People's Committee of commune will request the district police's execution agency to terminate the person's community service.

Article 14. Order the original prison sentence to be served upon violation of suspended sentence

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a) In case the sentenced person is ordered to serve the original sentence in prison as specified in Clause 1, Article 93 of the Law on Execution of Criminal Judgments, within 3 working days from the date of expiration of the time limit for appearance (for the second time), the execution agency of the district police or the military zone shall send a written request to the district People's Court where the person serving the suspended sentence resides, the military zone court where the person serving the suspended sentence works to issue an order to serve the original sentence in prison; and also send it to the competent Procuracy for supervision.

a) In case the sentenced person is ordered to serve the original sentence in prison as specified in Clause 2, Article 93 of the Law on Execution of Criminal Judgments, within 5 working days from receipt of the report from the supervision People’s Committee of commune or military unit, the execution agency of the district police or the military zone shall send a written request to the competent Court to issue an order to serve the original sentence in prison; and also send it to the competent Procuracy for supervision;

c) The documents in the request of order to serve the original sentence in prison shall be made in accordance with Clauses 3 and 4, Article 93 of the Law on Execution of Criminal Judgments.

2. Procedures for the Court to order to serve the original sentence in prison must follow Clause 5, Article 93 of the Law on Execution of Criminal Judgments, and the Resolution. No. 02/2018/NQ-HDTP dated May 15, 2018 of the Judicial Council of the Supreme People's Court on amendments to Resolution No. 02/2018/NQ-HDTP dated May 15, 2018 of the Judges' Council of the Supreme People's Court on guidelines for application of Article 65 of the Criminal Code in respect of suspended sentences.

3. The Court’s order to serve the original sentence in prison shall be executed in accordance with Clause 6 Article 93 of the Law on Execution of Criminal Judgments.

Article 16. Annulment of parole decision

1. The request for annulment of parole decision shall be made as follows:

a) Within 3 working days from the date of making the record of the second violation of the obligation or receiving the decision on penalty for the second administrative violation, the People's Committee of commune or military unit shall report to the execution agency of district police or military zone (enclosed with the record of violation and decision on penalty of administrative violation) to request the competent courts to make a decision.

b) Within 3 working days from the date of receipt of the report from the People's Committee of commune or the military unit, the execution agency of the district police or military zone shall make a request for annulment of parole decision, and then transfer it to the court that has issued such parole decision for considering annulment of the parole decision, as well as send 1 set of request to the same-level Procuracy.

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2. The annulment of parole decision shall be considered in compliance with Clause 4, Article 71 of the Law on Execution of Criminal Judgments.

3. The annulment of parole decision shall be carried out in compliance with Clause 2, Article 71 of the Law on Execution of Criminal Judgments. The execution agency of the district police or military zone shall send a notice to the same-level procuracy for supervision.

Article 16. Issuance of certificates of completion of penalties

1. The issuance of the certificate of completion of probation period, non-custodial sentence, residency restriction, probation, deprivation of certain citizenship rights, prohibition from holding certain positions, practicing certain professions, or doing certain jobs, or prison sentence shall comply with the Law on Execution of Criminal Judgments.

2. If a person serving a suspended sentence, non-custodial sentence, or on parole is charged with an offense and under investigation, prosecution, or adjudication, their certificate of sentence completion will not be issued until the presiding agency reaches a final conclusion. If the sentenced person has not committed a crime, a certificate of sentence completion shall be issued (the certificate must indicate the exact date of completion of the sentence).

3. If the authorities are ordering the original sentence to be served due to a violation of a suspended sentence or annulment of a parole decision, a certificate of sentence completion will not be issued. If the Court does not accept the request for ordering the original sentence to be served due to a violation of a suspended sentence or annulment of a parole decision, a certificate of sentence completion shall be issued (the certificate must indicate the exact date of completion of the sentence).

4. On the last day of the probation period, if the person serving the suspended sentence or parole leaves their designated residence without permission or report or without known whereabouts, the certificate of sentence completion will not be issued.

If it is grounded to order the original prison sentence to be served due to a violation of the suspended sentence or annul the parole decision, the Court shall be requested to do so. If it is not grounded to do so, the execution agency of district police shall consider issuing a certificate of sentence completion if the sentenced person does not commit any new crime within their probationary period.

5. A certificate of sentence completion issued to a person serving suspended sentence or a parolee shall be annulled and returned by the execution agency of district police or military zone in the following cases:

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b) There is a decision to annul the judgment or decision being executed; there is a decision to order the original sentence to be served due to a violation of the suspended sentence, or to annul the parole decision that is legally effective.

6. If the person serving a suspended sentence or non-custodial sentence requests for a certificate of sentence completion, but it is not issued yet before effective date of the Law on Execution of Criminal judgment No. 41/2019/QH14 dated June 14, 2019, the execution agency of district police or military zone shall request the sentenced person to write a report on their law observance during the serving time; and then conduct verification in places where the sentenced person resides, studies and works during the serving time.

If the verification results show that the sentenced person has not violated the Criminal Code, the head of the execution agency of district police or military zone shall issue a certificate of sentence completion (the certificate must state the exact date of completion of the sentence) and send it to relevant agencies, organizations and individuals according to the Law on Execution of Criminal Judgments.

Chapter III

IMPLEMENTATION PROVISION

Article 17. Entry in force

This Joint Circular comes into force from March 10, 2023.

Article 18. Implementation

1. The Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy shall, within their functions, tasks, and powers, implement this Joint Circular.

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PP. MINISTER OF NATIONAL DEFFENSE
DEPUTY MINISTER




Senior Lieutenant General Vo Minh Luong

PP. MINISTER OF PUBLIC SECURITY
DEPUTY MINISTER




Major General Nguyen Van Long

PP. CHIEF JUDGE OF SUPREME PEOPLE’S COURT
DEPUTY CHIEF JUDGE




Nguyen Van Tien

PP. CHIEF PROCURATOR OF SUPREME PEOPLE’S PROCURACY
DEPUTY CHIEF PROCURATOR




Nguyen Huy Tien

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