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COUNCIL
OF JUDGES
SUPREME PEOPLE'S COURT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
No. 03/2024/NQ-HDTP
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Hanoi,
June 10, 2024
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RESOLUTION
ON
GUIDELINES FOR APPLICATION OF CERTAIN PROVISIONS OF THE CRIMINAL CODE REGARDING
TIME LIMIT FOR JUDGMENT EXECUTION, EXEMPTION FROM SERVING SENTENCES,
COMMUTATION OF SENTENCES, REDUCTION OF SENTENCE DURATION IN SPECIAL CASES,
DEFERRED IMPRISONMENT SENTENCES, SUSPENDED IMPRISONMENT SENTENCES
COUNCIL OF JUDGES OF SUPREME PEOPLE'S COURT
Pursuant to the Law on Organization
of People's Courts dated November 24, 2014;
To ensure consistent and
accurate application of certain provisions of the Criminal Code No.
100/2015/QH13 on amendments to Law No. 12/2017/QH14 regarding time limit for
judgment execution, exemption from serving sentences, commutation of sentences,
reduction of sentence duration in special cases, deferred imprisonment
sentences, suspended imprisonment sentences;
With opinions of the Chief
Justice of the Supreme People's Procuracy and the Minister of Justice,
HEREBY RESOLVES:
Article 1. Scope
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Article 2. Certain terms
1. “deliberately
avoid ” prescribed in Clause 5, Article 60 of the Criminal Code means intentionally
conceal or falsely declare the permanent residence, temporary residence, or
current residence; change personal information, identity, or gender to hinder the
competent authority's ability to identify or locate them.
Personal information includes
nationality; full name, date of birth; occupation; 9-digit or 12-digit identity
card, or passport; other information related to the identification of a
specific person.
2. “made
reparation in an effort to atone for the crime” as prescribed in Point a,
Clause 2, Clause 4, Article 62, Article 64, and Clause 2, Article 105 of the
Criminal Code is the case where a convict assists a competent state authority
in discovering, apprehending, or investigating a crime; rescues or assists
others in danger or saves state, collective, or individual property valued at
50,000,000 VND or more during natural disasters, fires, epidemics, accidents,
or other force majeure events, or has made significant contributions or
inventions, or has achieved outstanding results in labor, study, combat, or
work, as commended or recognized by a competent state authority.
3. “made
great reparation in an effort to atone for the crime” as prescribed in Clause
3, 5 Article 62 and Clause 3, Article 105 of the Criminal Code is the case
where a convict assists a prosecution agency in discovering, apprehending,
investigating, or prosecuting a crime unrelated to the crime for which they
were charged; rescues or assists others in danger or saves state, collective,
or individual property valued at 100,000,000 VND or more during natural
disasters, fires, epidemics, accidents, or other force majeure events, or has
made significant contributions or inventions, or has achieved outstanding
results in labor, study, combat, or work, as commended or recognized by a
competent state authority.
4. “has a fatal disease” prescribed in
Point b, Clause 2, Article 62, Article 64, Clause 2, Article 105 of the
Criminal Code is the case where the convict has a life-threatening disease that
is difficult to treat (for example: terminal cancer, HIV infection that
has progressed to clinical stage IV, severe drug-resistant tuberculosis grade
4, dropsy cirrhosis, heart failure grade III or higher, kidney failure grade IV
or higher) or suffers from another disease that results in a complete loss of
self-care ability, with a poor prognosis and a high risk of death.
5. “suffering
from a serious disease” prescribed in Point a, Clause 1, Article 67 of the
Criminal Code is the case where the person sentenced to imprisonment has a
fatal disease as prescribed in Clause 4 of this Article or is suffering from
another disease to the extent that they are unable to serve their sentence and
if forced to do so, their life would be in danger.
6. “abides
by law” prescribed in Point c, Clause 2, Clause 4, Article 62 of the
Criminal Code is the case where the convict has been confirmed by the People's
Committee of the commune where he/she resides or the military unit assigned to
manage him/her to have properly and fully complied with the internal rules,
regulations; policies and guidelines of the Party; and laws of the State at
his/her place of residence.
7. “no
longer a danger to society” stipulated in Point c, Clause 2, Clause 3 and
Clause 4, Article 62 of the Criminal Code can be proven by their reformation,
diligent work, participation in social activities, or by their advanced age or
serious disease that renders them incapable of posing a danger to society.
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a) The convict's family has
suffered an accident, illness, natural disaster, fire, or force majeure event
resulting in the loss of all significant assets, no income, or an income below
the poverty line;
b) The parents, spouse, or children
of the convict suffer from a prolonged illness and have no one to care for
them.
9. “too
old and weak" prescribed in Article 64 of the Criminal Code means a
convict in one of the following cases:
a) Aged 70 or above;
b) Aged 60 or above, has a chronic
illness requiring hospitalization for a cumulative period of 3 months or more,
or intermittently for 3 or more times (at least 1 month for each
hospitalization), is unable to care for themselves, and has a medical
certificate confirming their condition from a provincial or higher-level
military medical examination board or hospital.
10. “required
by his/her official duties” prescribed in Point d, Clause 1, Article 67 of
the Criminal Code is a case where the competent authority deems it necessary
for the convict to perform a specific official duty and there is no immediate
replacement available if they are immediately sent to serve their sentence.
Article 3. Time limit for
judgment execution prescribed in Article 60 of the Criminal Code
1. The time limit for execution of
criminal judgments prescribed in Article 60 of the Criminal Code is the time
limit for judgment execution on penalty decision.
The time limit for judgment
execution on decisions on compensation for damages, court fees and other
decisions on property in criminal judgments shall be implemented in accordance
with the provisions of the law on execution of civil judgments.
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For example: On February 1, 2024,
Nguyen Van A was sentenced by the Court to 2 years in prison for deliberate
infliction of bodily harm in Judgment No. 01/2024/HS-ST (which has come into
legal effect). Nguyen Van A has not yet served the imprisonment sentence. On
March 10, 2024, Nguyen Van A committed the crime of theft of property. Thus,
the time limit for the execution of Judgment No. 01/2024/HS-ST dated February
1, 2024 is 5 years from March 10, 2024; the time limit for the execution of the
judgment for the crime of theft of property begins from the date the judgment
for the crime of theft of property comes into legal effect.
3. In cases where a criminal
judgment imposes a cumulative sentence for multiple offenses, the time limit
for judgment execution shall be determined by the total penalty of the most severe
primary offense.
For example: in the Appellate Criminal
Judgment No. 01/2024/HS-PT dated January 10, 2024, the Superior People's Court
decided to reject the appeal of the defendant Nguyen Van H and upheld the
First-Instance Criminal Judgment No. 60/2023/HS-ST dated September 2, 2023, of
the People's Court of T Province; convicted the defendant Nguyen Van H of
murder, deliberate infliction of bodily harm and practice usury in civil
transactions; sentenced the defendant Nguyen Van H to 12 years in prison for
murder, 2 years in prison for deliberate infliction of bodily harm, and a fine
of 70,000,000 VND for usury in civil transactions; and imposed a total sentence
of 14 years in prison and a fine of 70,000,000 VND. In this case, the total
penalty of the most severe primary penalty of 14 years in prison is used to
calculate the time limit for execution of the Appeallate Criminal Judgment No.
01/2024/HS-PT. Pursuant to Point b, Clause 2, Article 60 of the Criminal Code,
the time limit for execution of this appellate judgment is 10 years.
4. In cases where a criminal
judgment involves multiple convicted people, the time limit for execution of
the criminal judgment against them is based on the individual sentence imposed
on each person.
5. In cases where a criminal
judgment combines penalties from multiple judgments, the time limit for
execution of each judgment shall be calculated based on the penalty imposed in
each individual judgment, rather than on the total combined penalty.
For example: Nguyen Van A was
sentenced by the Court to 1 year and 6 months in prison for theft of property
in Judgment No. 01/2024/HS-ST (which has come into legal effect). In Judgment
No. 15/2024/HS-ST, Nguyen Van A was sentenced to 7 years imprisonment for
deliberate infliction of bodily harm, and combining this with the sentence in
Judgment No. 01/2024/HS-ST, Nguyen Van A was ordered to serve a total sentence
of 8 years and 6 months (which has become legally effective). Accordingly, the
time limit for the execution of Judgment No. 01/2024/HS-ST is 5 years, and for
Judgment No. 15/2024/HS-ST is 10 years.
6. In case the convict
intentionally avoids, but the police agency does not issue a wanted decision or
issues a wanted decision but not in accordance with the provisions of the
Criminal Procedure Code except for things that cannot be done (for example, a
photo must be attached but there is no photo), the avoidance time is still
counted to determine the time limit for the execution of the criminal judgment.
7. In case the person sentenced to
imprisonment has his/her imprisonment sentence deferred or suspended, the
period of deferral or suspension will not be deducted from the time limit for
judgment execution, except in cases where the deferral or suspension is applied
to impose a compulsory medical treatment measure.
The time limit for the execution of
the criminal judgment shall be calculated from the date on which the period of
deferral or suspension expires and shall be based on the remaining prison
sentence that the convict has not yet served.
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Article 4. Exemption from
serving sentences prescribed in Article 62 of the Criminal Code
1. A person sentenced to community
sentence or imprisonment who has not served the sentence prescribed in Clauses
2 and 3, Article 62 of the Criminal Code is a case where they have had a
decision to serve the sentence but have not yet served the sentence.
2. A fined person who has actively
served a part of the penalty prescribed in Clause 5, Article 62 of the Criminal
Code is a case where they have served at least one-third of the fine.
3. A person prohibited from
residence or kept under mandatory supervision as prescribed in Clause 6,
Article 62 of the Criminal Code is a case where they have strictly complied
with the law, have shown remorse, have been actively engaged in labor and
study, and have received a written confirmation from the People's Committee of
the commune where they reside.
Article 5. Commutation of
sentences prescribed in Article 63 of the Criminal Code
1. A person sentenced to community
sentence, imprisonment or life imprisonment shall be considered for a reduction
of sentence duration for the first time when they meet the following
conditions:
a) They have served at least one-third
of the term for community sentence or imprisonment; 12 years for life
imprisonment; and 15 years for those convicted of multiple offenses, including
offenses punishable by life imprisonment;
b) For those sentenced to community
sentence, they must strictly comply with the law, sincerely repent, and
actively engage in labor and study.
For those sentenced to imprisonment
or life imprisonment, they must demonstrate significant progress, as evidenced
by their good conduct in the detention facility, active participation in study,
labor, and reform, and adequate periods of "good" ratings or better
in their prison sentence serving.
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A person sentenced to imprisonment
for a term of 20 to 30 years must have at least 14 consecutive quarters of a
'good' rating or better preceding the time of the commutation consideration.
A person sentenced to imprisonment
for a term of 15 to 20 years must have at least 12 consecutive quarters of a
'good' rating or better preceding the time of the commutation consideration.
A person sentenced to imprisonment
for a term of 10 to 15 years must have at least 8 consecutive quarters of a
'good' rating or better preceding the time of the commutation consideration.
A person sentenced to imprisonment
for a term of 5 to 10 years must have at least 4 consecutive quarters of a
'good' rating or better preceding the time of the commutation consideration.
A person sentenced to imprisonment
for a term of 3 to 5 years must have at least 2 consecutive quarters of a
'good' rating or better preceding the time of the commutation consideration.
A person sentenced to imprisonment
for a term of 3 years or less must have at least 1 quarter of 'good' rating or
better preceding the time of the commutation consideration. In cases where
there is no quarterly classification result due to the fact that the quarterly
classification period has not yet arrived, but there are 3 consecutive months
prior to the review for commutation that have been rated as "good," a
commutation can still be considered.
c) They have compensated at least
half of the civil liability as determined by the court's judgment or decision.
A convict who has compensated less
than half of the civil liability as determined by the court's judgment or
decision but has a document exempting them from a portion of the civil
liability or has a different agreement with the judgment creditor or the
judgment creditor's legal representative (with the confirmation of a competent
authority) indicating that the convict has compensated half of the civil
liability shall also be considered to have compensated half of the civil
liability.
A convict with family extreme
hardship, as guided by Clause 8, Article 2 of this Resolution, and verified by
the People's Committee of the commune where they reside or by the competent
civil enforcement agency, may have their civil liability reduced to less than
half of the amount determined by the court's judgment or decision, but this
must be clearly stated in the court's decision.
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d) They have been recommended by
the competent criminal enforcement agency in writing for a reduction in the
term of imprisonment.
2. The reduction in the term of
imprisonment shall be carried out as follows, while still ensuring the actual
time served as prescribed in Clauses 2, 3, 4, 5, and 6 of Article 63 of the
Criminal Code:
a) For those sentenced to community
sentence, each reduction may be from 3 to 9 months;
b) A person sentenced to
imprisonment for a term of 30 years or less, or a person sentenced to life
imprisonment who has had their sentence commuted to 30 years, may have their
sentence reduced by 1 to 3 months each time. In cases where the reduction is up
to 3 years, the individual must have an exceptionally outstanding record.
3. A person sentenced to life
imprisonment, or a person convicted of multiple offenses including a life
sentence, may have their life sentence commuted to an imprisonment sentence by
the court. A person sentenced to life imprisonment for the first time may have
their sentence reduced to 30 years. This 30-year term shall be calculated from
the date of execution of the life sentence and, even if reduced multiple times,
must ensure an actual term of imprisonment of 20 years for those sentenced to
life imprisonment; 25 years for those convicted of multiple offenses including
a life sentence.
4. A person serving a prison
sentence who is considered for a reduction in their sentence in special cases,
or a person under 18 who has committed a crime, if they have not served the
required time in a detention facility but fall under one of the following
circumstances, shall also be considered to have adequate number of periods with
required ratings as prescribed in Clause 1(b) of this Article:
a) For those sentenced to
imprisonment for more than 15 years, the first four consecutive quarters of "good"
ratings or better preceding the time of the commutation consideration may be
missing;
b) For those sentenced to
imprisonment for more than 5 but less than 15 years, the first two consecutive
quarters of "good" ratings or better preceding the time of the
commutation consideration may be missing;
c) For those sentenced to
imprisonment for 3 years to 5 years, the first quarter of "good"
rating or better may be missing;
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In the aforementioned cases, the
time spent in temporary detention, or in a correctional facility should be
considered as strict adherence to the facility's regulations.
5. A convict sentenced to more than
five years of imprisonment, but who has not consistently been rated as
"good" or better, may still be considered for a reduction in sentence
if they meet the other requirements specified in this Resolution and fall into
one of the following categories:
a) There is a total of more than
two quarters of "good" or better ratings, compared to the
requirements for those sentenced to more than 10 years of imprisonment as
specified in point b, clause 1 of this Article, and there are at least four
consecutive quarters immediately preceding the time of sentence commutation
consideration with a rating of "good" or better;
b) There is a total of more than
one quarter of "good" or better ratings, compared to the requirements
for those sentenced to more than 5 but less than 10 years of imprisonment as
specified in point b, clause 1 of this Article, and there are at least two
consecutive quarters immediately preceding the time of sentence commutation
consideration with a rating of "good" or better.
6. The convict must have a greater
number of quarters with a rating of "good" or better compared to
first-time offenders. For each prior conviction, an additional two quarters
with a rating of "good" or better are required. In cases where the
convict is sentenced to 3 years or less of imprisonment, one additional quarter
with a rating of "good" or better is required for each prior
conviction.
7. A convict who has already had
their sentence reduced must consistently maintain a "good" or better
conduct rating to be considered for further scheduled sentence reductions in
subsequent periods. If they do not meet the requirements for a scheduled
sentence reduction, they may still be considered for a reduction if they have
achieved a "good" or better classification for four consecutive quarters,
including at least two consecutive quarters immediately prior to the review.
8. A convict who has already had
their sentence reduced but has violated the facility's regulations and has been
subjected to disciplinary action, may only be considered for further sentence
reductions after being recognized by the warden, detention center director, or
the head of enforcement agency of district-level police agency as having made
significant progress in their rehabilitation and achieving a "good"
or better conduct rating for four consecutive quarters (for convicts subject to
two or more reprimands or warnings) or five consecutive quarters (for convicts
confined to solitary confinement).
9. A convict who has already had
their imprisonment sentence reduced but has committed a new, less serious crime
due to intentional acts must serve at least half of the combined sentence and
meet the criteria specified in points b, c, and d of clause 1 and clause 6 of
this Article to be eligible for a sentence reduction.
10. A convict who has already had
their sentence reduced but has committed a new, serious, very serious, or
extremely serious crime must serve at least two-thirds of the combined sentence
or 25 years in the case of life imprisonment and meet the criteria specified in
points b, c, and d of clause 1 and clause 6 of this Article to be eligible for
a sentence reduction.
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Article 6. Reduction of the term
of imprisonment in special cases prescribed in Article 64 of the Criminal Code
1. A convict who has served at
least one-quarter of the sentence for community sentence, imprisonment of 30
years or less, or 10 years for life imprisonment; 12 years for a person
convicted of multiple crimes including life imprisonment and who meets the
criteria specified in points b, c, and d of clause 1, clause 4, and clause 6 of
Article 5 of this Resolution may be considered for a reduction in the term of
imprisonment if the convict falls into one of the following cases:
a) They have made reparation in an
effort to atone for the crime; however, for each reparation, the convict shall
only be considered for a sentence reduction once;
b) They are too old and weak;
c) They have a fatal disease.
2. The maximum reduction per
instance for the cases specified in clause 1 of this Article may be 1 year for
community sentence, 4 years for imprisonment, or life imprisonment, but it must
be ensured that the actual time served is at least two-fifths of the sentence
imposed or 15 years for life imprisonment; in the case of a person convicted of
multiple crimes including life imprisonment, the actual time served must be at
least 20 years.
3. In special cases, upon the
proposal of the Minister of Public Security or the Minister of Defense, and
after obtaining the opinions of the Chief Procurator of the Supreme People's
Procuracy and the approval of the President of the Supreme People's Court, a
convict may be considered for a sentence reduction earlier or at a higher rate
than that specified in clauses 1 and 2 of this Article.
Article 7. Deferral of the
execution of the imprisonment sentence prescribed in Article 67 of the Criminal
Code
1. A person sentenced to
imprisonment may have his/her sentence deferred when meeting all of the
following conditions:
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In the case of a sentenced female
who is pregnant, regardless of whether she intentionally became pregnant and
gave birth continuously to avoid serving her sentence, or a woman who is
raising a child under 36 months of age, regardless of whether the child is
biological or adopted, the execution of the sentence may be suspended until the
child reaches 36 months of age.
b) Have a fixed residence.
A fixed residence is a place of
temporary or permanent residence with a specific address as defined by the
Residence Law where the convict resides and lives on a regular basis;
c) After being sentenced to
imprisonment, they have not committed any serious violations of the law, and
there is no reason to believe that they will abscond.
2. The court may also grant a
deferral of the execution of a criminal sentence to a person who falls within
the cases specified in clause 1 of Article 67 of the Criminal Code but does not
meet one of the conditions specified in points b and c of clause 1 of this
Article, provided that there are special circumstances and that the court exercises
careful and prudent consideration.
For example: If Nguyen Thi B is
sentenced to 4 years in prison for deliberate infliction of bodily harm, does
not have a fixed residence, and is raising a 12-month-old child with a fatal
disease who requires hospitalization and has no other caregiver, the court may
consider deferring the execution of Nguyen Thi B's sentence.
3. The period of deferral of
serving the imprisonment sentence is determined as follows:
a) The period of deferral of
serving the imprisonment sentence for the case specified in Point a, Clause 1,
Article 67 of the Criminal Code is calculated from the date the court issues
the decision until the convict’s health is restored;
b) The period of deferral of
serving the imprisonment sentence for the case specified in Points b, c and d,
Clause 1, Article 67 of the Criminal Code is calculated from the date the court
issues the decision until the end of the deferral period determined by the
court.
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a) If, during the period of
deferral of the execution of a criminal sentence, the person whose sentence is
deferred becomes pregnant again or has to continue raising a child under 36
months of age, the court may decide to extend the deferral until the youngest
child reaches 36 months of age;
b) A person whose sentence is
deferred pursuant to points c or d of clause 1 of Article 67 of the Criminal
Code may have their sentence deferred one or more times, but the total deferral
period shall not exceed one year.
Article 8. Suspension of the
execution of the imprisonment sentence prescribed in Article 68 of the Criminal
Code
1. A person who is currently
serving an imprisonment sentence and falls under one of the cases specified in
clause 1 of Article 67 of the Criminal Code and has a fixed residence may have
their sentence execution suspended.
2. The duration of the suspension
of the execution of a criminal sentence shall be determined in accordance with
the provisions of clause 1 of Article 67 of the Criminal Code.
For people serving imprisonment
sentence suffering from serious disease, the execution of their prison sentence
may be suspended one or more times until their health is restored.
For people serving imprisonment
sentence who are the sole breadwinners in their families or are needed for
official duties, the execution of their prison sentence may be suspended one or
more times, but the total suspension period shall not exceed one year.
Article 9. Entry in force
This Resolution was adopted by the
Council of Judges of the Supreme People's Court on April 24, 2024, and shall
enter into force on July 15, 2024./.
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ON
BEHALF OF THE COUNCIL OF JUDGES
CHIEF JUSTICE
Nguyen Hoa Binh