Joint Circular No. 01/2013/TTLT-BCA-BTP-BNG-VKSNDTC-TANDTC guiding the receipt, transfer, and continued enforcement of judgments against persons serving custodial sentences.

JOINT CIRCULAR

Guidelines on receiving, transferring, and continuing to enforce sentences for persons serving custodial sentences 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect. This Circular takes effect from August 1, 2022./. for persons currently serving a prison sentence

 

To ensure the correct and consistent application of legal provisions regarding the transfer of persons serving custodial sentences, the Ministry of Public Security, the Ministry of Justice, the Ministry of Foreign Affairs, the Supreme People's Procuracy, and the Supreme People's Court hereby provide guidelines on receiving, transferring, and continuing to enforce sentences for persons serving custodial sentences as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular provides guidance on the procedures, formalities, and conditions for receiving, transferring, and continuing to enforce sentences for persons serving custodial sentences.

Article 2. This Circular applies to Vietnamese agencies, organizations, and individuals; foreign agencies, organizations, and individuals related to the receiving, transferring, and continuing to enforce sentences for persons serving custodial sentences.

Article 2. Principles of Receiving and Transferring

Clause 1. In accordance with the Constitution and laws of Vietnam and international treaties to which Vietnam is a party.

Clause 2. For humanitarian purposes to facilitate opportunities for persons serving custodial sentences to continue serving their remaining custodial sentences in the country of their nationality or another country willing to accept them.

Clause 3. Prioritize the application of international treaties to which Vietnam is a party. In the absence of such treaties, apply the principle of reciprocity without contravening Vietnamese law and being consistent with international law and practice.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

Point 1. "Receiving" refers to the act of Vietnamese competent authorities accepting Vietnamese citizens sentenced to fixed-term imprisonment or life imprisonment from the transferring state to continue serving their sentences in Vietnam.

Point 2. "Transferring" refers to the act of Vietnamese competent authorities transferring persons serving fixed-term imprisonment or life imprisonment at detention facilities in Vietnam to the receiving state to continue serving their sentences there.

Point 3. "Person serving a custodial sentence" refers to a person serving a custodial sentence at detention facilities within the territory of the Socialist Republic of Vietnam or the transferring state.

Point 4. "Competent People's Court" refers to the People's Court of the province where the last place of residence in Vietnam of the person serving a custodial sentence in the transferring state is located, or the location where a foreign national is serving a custodial sentence in Vietnam.

Point 5. "Detention facility" refers to prisons, temporary detention centers, or other places of detention within the territory of the Socialist Republic of Vietnam or the transferring state.

Point 6. "Special cases" as defined in point d, Clause 1, Article 50 of the Law on Mutual Legal Assistance are understood to include one of the following situations:

Subpoint a. To serve diplomatic needs between Vietnam and the receiving state.

Subpoint b. The person serving a custodial sentence suffers from a serious illness that prevents them from continuing to serve their sentence, including terminal cancer, cirrhosis of the liver, severe drug-resistant tuberculosis, polio, heart failure stage 3 or higher, chronic kidney disease stage 4 or higher, AIDS with opportunistic infections and poor prognosis, etc., as confirmed by a provincial-level hospital or higher regarding the serious illness of the person serving a custodial sentence.

Point 7. "Persons permitted to reside indefinitely in the receiving state" as defined in point a, Clause 2, Article 50 of the Law on Mutual Legal Assistance means those who are allowed to enter, stay, and reside long-term in the receiving state.

Point 8. "Relatives of the person serving a custodial sentence" as defined in point a, Clause 2, Article 50 of the Law on Mutual Legal Assistance include: grandparents, maternal grandparents, biological parents, parents-in-law, legally adopted parents, spouse, biological children, daughters-in-law, sons-in-law, legally adopted children, siblings, siblings-in-law, aunts, uncles, cousins of the person serving a custodial sentence who have a permanent place of residence within the territory of the receiving state.

Article 4. Competence of agencies and organizations in the activity of transferring and receiving

1. The Ministry of Public Security has the following competences:

a) Receiving, requesting transfer;

b) Checking initial files; requesting supplementary files (if necessary).

In the case of examining the file proposing to transfer a person serving a custodial sentence in detention facilities under its management, if the Ministry of Public Security finds that the person does not meet the conditions for considering transfer as prescribed in Clause 2, Article 50 or falls within one of the cases of refusing transfer as prescribed in Article 51 of the Law on Mutual Legal Assistance, the Ministry of Public Security shall notify the competent authority of the requesting country and the person serving the custodial sentence about the possibility of refusing the transfer.

In the case of a file proposing to receive a person serving a custodial sentence managed by foreign detention facilities, if it is found that the conditions for receiving are not met or the procedures and files are not complete as prescribed in Clause 1, Article 50, Article 52, and Article 53 of the Law on Mutual Legal Assistance, the Ministry of Public Security shall notify the competent authority of the requesting country about the possibility of refusing to receive or request the requesting country to provide full information as prescribed.

2. The Ministry of Foreign Affairs takes the lead and coordinates with relevant ministries and sectors to consider and decide on applying the principle of "reciprocity" in receiving and transferring persons serving custodial sentences; directs and guides Vietnamese diplomatic missions, consular offices, and other agencies authorized to perform consular functions abroad (hereinafter referred to as Vietnamese representative agencies) related to the transfer and reception of persons serving custodial sentences.

3. Vietnamese representative agencies assist domestic competent authorities in relations with foreign competent authorities related to the transfer and reception of persons serving custodial sentences.

4. The People's Court of the province where the person proposed to be transferred back to Vietnam resides last or where the foreign national is serving a custodial sentence in Vietnam shall examine and decide on the reception, transfer, or refusal to receive and transfer.

5. The Supreme People's Court shall examine appeals and protests according to the cassation procedure against decisions on reception, transfer, or refusal to receive and transfer made by the People's Court of the province.

6. The Supreme People's Procuracy, the People's Procuracy of the province shall participate in expressing opinions at meetings examining reception, requesting transfer, performing supervisory functions over judicial activities in the process of reception and transfer, and continuing enforcement of sentences against persons serving custodial sentences.

Article 5. Reception and Transfer According to the Principle of Reciprocity

1. Reception and transfer upon proposal from Vietnam

a) Based on the proposal of a person serving a custodial sentence or their lawful representative, the Ministry of Public Security shall establish a file for proposing reception and transfer in accordance with the law and submit a written request to the Ministry of Foreign Affairs to consider and decide on applying the principle of reciprocity, while sending copies of the file and the document to the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy for research and coordination. The document sent to the Ministry of Foreign Affairs must clearly state the necessity of applying the principle of reciprocity with the concerned country, the compliance of the file with the provisions of the Law on Mutual Legal Assistance and this Circular.

b) Within five working days from the date of receipt of the file, the Ministry of Foreign Affairs shall issue a document requesting the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy to provide written opinions on the necessity of applying the principle of reciprocity and the compliance of the file with the provisions of Articles 50, 52, and 53 of the Law on Mutual Legal Assistance.

c) Within thirty days from the date of receipt of the document from the Ministry of Foreign Affairs, the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy shall provide written opinions.

d) Within ten days from the date of receipt of the written opinions from the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy, the Ministry of Foreign Affairs shall take the lead in examining the application of the principle of reciprocity.

If the principle of reciprocity is applied, the Ministry of Foreign Affairs shall notify in writing the Ministry of Public Security, the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy, and simultaneously send a diplomatic note with the relevant file to the competent authority of the foreign country.

If the principle of reciprocity is not applied, the Ministry of Foreign Affairs shall return the file to the Ministry of Public Security and specify the reasons, and notify in writing the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy.

đ) Within five working days from the date of receipt of the opinion from the foreign side regarding the application of the principle of reciprocity, the Ministry of Foreign Affairs shall issue a document notifying the Ministry of Public Security, the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy, and coordinate.

2. Reception and transfer upon proposal from the foreign side

a) In the case where the Ministry of Foreign Affairs receives a proposal for reception and transfer from the foreign side, but there is no international treaty between Vietnam and that country relating to the reception and transfer of persons serving custodial sentences, and no agreement or precedent on the application of the principle of reciprocity regarding this matter, the Ministry of Foreign Affairs shall issue a document accompanied by the file (if any) requesting the Ministry of Public Security, the Supreme People's Court (original), the Supreme People's Procuracy, and the Ministry of Justice to coordinate in examining the application of the principle of reciprocity.

b) In case the Ministry of Public Security receives a request for acceptance and transfer from a foreign country where there is no international treaty between Vietnam and that country related to accepting and transferring persons serving custodial sentences, and no agreement or precedent on the principle of "reciprocity," the Ministry of Public Security shall issue a document accompanied by a copy of the file (if available), requesting the Ministry of Foreign Affairs to coordinate with the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy to examine and decide on the application of the principle of "reciprocity." The document must clearly state the Ministry of Public Security's opinion on the necessity of applying the principle of "reciprocity" and the compliance of the file with the provisions of Articles 50, 52, and 53 of the Law on Mutual Legal Assistance.

In this case, within five working days from the date of receipt of the file, the Ministry of Foreign Affairs shall issue a document requesting the Supreme People's Court, the Supreme People's Procuracy, and the Ministry of Justice to provide their opinions on the necessity of applying the principle of "reciprocity" and the compliance of the file with the provisions of Articles 50, 52, and 53 of the Law on Mutual Legal Assistance.

Within thirty days from the date of receipt of the document from the Ministry of Foreign Affairs, the Supreme People's Court, the Supreme People's Procuracy, and the Ministry of Justice must provide their opinions in writing.

Within five working days from the date of receipt of the opinions of the Supreme People's Court, the Supreme People's Procuracy, and the Ministry of Justice, the Ministry of Foreign Affairs shall consider and decide on the application of the principle of "reciprocity" and reply in writing to the competent authority of the foreign country making the request, sending a copy of the document to the Ministry of Public Security, the Supreme People's Court, the Supreme People's Procuracy, and the Ministry of Justice for coordination. If the principle of "reciprocity" is agreed upon, based on the file sent by the foreign country, the relevant agencies shall carry out the acceptance and transfer of persons serving custodial sentences according to the regulations.

Chapter II

ACCEPTANCE OF PERSONS SERVING CUSTODIAL SENTENCES IN FOREIGN COUNTRIES TO CONTINUE SERVING THE SENTENCE IN VIETNAMOUTSIDE OF VIETNAM CONTINUE TO ENFORCE THE SENTENCE

Article 6. Conditions for Accepting Persons Serving Custodial Sentences

A person serving a custodial sentence in the transferring country may only be accepted back to Vietnam to continue serving the remaining custodial sentence if all of the following conditions are met:

1. They are a Vietnamese citizen;

2. They have a last place of permanent residence in Vietnam;

3. The criminal act for which they were convicted abroad also constitutes a crime under Vietnamese law;

4. At the time of accepting the transfer request, at least one year of the custodial sentence remains unexecuted; in exceptional cases, at least six months remain;

5. The judgment against the person proposed for transfer to Vietnam has become legally binding and there are no pending proceedings against them in the transferring country;

6. Both the transferring country and the convicted person agree to the transfer. In cases where the convicted person is a minor, a person with physical or mental disabilities, the consent of their lawful representative is required;

7. The competent court in Vietnam has issued a decision agreeing to accept the transfer, which has become legally binding.

Article 7. Documents for requesting acceptance of transfer

The documents for requesting acceptance of transfer must be prepared in three (3) copies in accordance with the provisions of Articles 52 and 53 of the Law on Mutual Legal Assistance, except where international treaties on the transfer of persons serving sentences to which Vietnam and the transferring country are parties provide otherwise.

Article 8. Determination of Vietnamese nationality of persons serving sentences

Upon receiving requests for acceptance of transfer, the competent authority of the Ministry of Public Security shall cooperate with the competent authority of the Ministry of Justice to verify the Vietnamese nationality of persons serving sentences. The procedures and formalities for verifying nationality shall be carried out in accordance with the current laws of Vietnam.

Article 9. Procedures and formalities for accepting requests for transfer; considering and deciding on acceptance

1. A Vietnamese citizen who commits a crime and is sentenced to life imprisonment or a fixed-term imprisonment abroad and wishes to be transferred back to Vietnam to continue serving the remaining part of the sentence may submit a petition (or through a legally authorized representative) expressing that wish to the competent authority of the foreign country or the Ministry of Public Security of the Socialist Republic of Vietnam or the Vietnamese representative office.

2. Within ten (10) days from the date of receipt of the request for transfer from the person serving the sentence, the Vietnamese representative office shall transfer the petition and file to the Ministry of Public Security for registration in the file.

3. Within twenty (20) days from the date of receipt of the request for acceptance of transfer of the person serving the sentence, the Ministry of Public Security shall register the file and check the file in accordance with the provisions of Articles 52 and 53 of the Law on Mutual Legal Assistance. The Ministry of Public Security may request the competent authority of the transferring country to provide additional information to the file. If, within sixty (60) days from the date of sending the request for additional information, no additional information is received, the Ministry of Public Security shall return the file to the transferring country and specify the reasons, while informing the person serving the sentence who requested acceptance to Vietnam (or their legally authorized representative) of this fact. In case the file is valid, the Ministry of Public Security shall immediately transfer two (2) copies of the file to the competent provincial People's Court for consideration and decision on whether to accept the transfer to Vietnam or not.

4. Within ten (10) days from the date of receipt of the complete request for acceptance transferred by the Ministry of Public Security, the competent provincial People's Court must register the case and notify the same-level People's Procuratorate in writing. During the preparation period for considering the request for acceptance, the competent People's Court may require the competent authority of the foreign country to clarify unclear points in the request for acceptance. The request and response documents shall be sent through the Ministry of Public Security.

5. Within thirty (30) days from the date of registration, depending on the circumstances, the provincial People's Court shall issue one of the following decisions:

a) Consider the request for acceptance if all conditions stipulated in Article 50 of the Law on Mutual Legal Assistance and Article 6 of this Circular are met;

b) Suspend the consideration of the request for acceptance and return the file to the Ministry of Public Security in cases where it does not fall within its jurisdiction, or the competent authority of the foreign country or the person requesting withdrawal of the transfer request, or for other reasons making the consideration impossible.

6. The provincial People's Court shall consider the request for acceptance within thirty (30) days from the date of receipt of the complete file as stipulated in Clause 3 of this Article and immediately transfer one copy of the file to the same-level People's Procuratorate.

7. The consideration of the request for acceptance shall be conducted at a session attended by a panel consisting of three (3) judges, including one (1) judge as the presiding judge, and the participation of a prosecutor from the same-level People's Procuratorate.

8. The panel considering the request for acceptance shall work according to the procedure prescribed in Clause 4 of Article 55 of the Law on Mutual Legal Assistance.

9. Not later than ten (10) days from the date of issuance of the decision to accept or refuse acceptance, the provincial People's Court shall send the decision to the same-level People's Procuratorate for review of whether to lodge an appeal or not; and simultaneously send it to the Ministry of Public Security to inform the foreign side.

10. Decisions to accept or refuse acceptance have legal effect including:

a) Decisions of the first-instance court not appealed or protested;

b) Decisions of the appellate court.

11. In case of a decision agreeing to accept, within five (5) days from the date of receipt of the legally effective acceptance decision, the President of the first-instance court shall issue the following decisions:

a) Decision to implement the acceptance decision;

b) Decision to continue implementing the prison sentence in Vietnam;

c) Decision to convert the punishment according to the provisions of Article 19 of this Circular in cases where the nature and duration of the punishment declared by the transferring country are incompatible with the provisions of Vietnamese law.

Article 10. Verification of Consent for Transfer

In cases where necessary, before making a decision to accept the transfer of individuals serving custodial sentences, the Ministry of Public Security shall dispatch officers to the transferring country or authorize the Vietnamese representative agency in that country to determine whether such individuals voluntarily agree and fully understand the legal consequences of the transfer.

Article 11. Organization of Acceptance of Individuals Serving Custodial Sentences

1. After receiving the enforcement decision on acceptance, the Criminal Enforcement Management Agency under the Ministry of Public Security shall coordinate with the competent authorities of the transferring country regarding the time, location, method of acceptance, and organization of the transfer and escort of the transferred individual to the detention facility where they will continue to serve their custodial sentence in Vietnam.

2. The composition of the Acceptance Delegation includes:

a) A representative from the Criminal Enforcement Management Agency under the Ministry of Public Security as the Head of the delegation;

b) Judicial police officers.

3. The acceptance of individuals serving custodial sentences from the transferring country must be recorded in a protocol consisting of three (3) copies in Vietnamese, three (3) copies in English, and three (3) copies in the language of the accepting country; signed by representatives of the responsible agencies as stipulated in Clause 2 of this Article and by representatives of the competent authority of the transferring country.

4. The head of the Criminal Enforcement Management Agency under the Ministry of Public Security decides and designates the detention facility to continue enforcing the custodial sentence for individuals who have been accepted.

Chapter III

TRANSFER OF INDIVIDUALS SERVING CUSTODIAL SENTENCESFROM VIETNAM TO FOREIGN COUNTRIES

Article 12. Notification of Right to Request Transfer

1. When pronouncing a judgment and a fixed-term imprisonment or life imprisonment sentence, the People's Court at first instance or appeal has the responsibility to notify the defendant, who is an object as specified in point a, Clause 2, Article 50 of the Law on Mutual Legal Assistance, about their right to request transfer.

2. Annually, the Ministry of Public Security shall inform foreign nationals serving custodial sentences in detention facilities managed by the Ministry of Public Security about their right to request transfer.

Article 13. Documents for Requesting Transfer

The documents for requesting transfer and accompanying materials are prescribed in Articles 52 and 53 of the Law on Mutual Legal Assistance and relevant international treaties to which Vietnam and the foreign party are members.

Article 14. Determination of Consent for Transfer of Individuals Serving Custodial Sentences

1. The determination of consent for transfer of individuals serving custodial sentences is based on:

a) The application for transfer submitted by the individual;

b) A statement from the individual serving the custodial sentence or their lawful representative in cases where the convicted person is a minor, or a person with physical or mental disabilities that prevent them from having full capacity to act and understanding the full consequences of the transfer and the rights and obligations associated with it.

2. Based on the request of the accepting country and the specific case, the Minister of Public Security shall decide to allow the accepting country to send representatives to Vietnam to verify the consent for transfer of individuals serving custodial sentences.

Article 15. Procedure for examining and deciding on the transfer and refusal to transfer

The procedure for examining and deciding on the transfer and refusal to transfer to foreign countries shall be carried out in accordance with Articles 50, 51, and 55 of the Law on Mutual Legal Assistance and other provisions in international treaties to which Vietnam and foreign countries are parties, as well as the provisions of this Joint Circular.

Article 16. Decision to reserve judgments and decisions of the People's Court of the Socialist Republic of Vietnam

In cases where the transfer of a person serving a prison sentence to a foreign country is agreed upon, the People's Court at the first instance and appellate level shall issue a decision to reserve the judgment and decision rendered by the Vietnamese court against the offender.

Article 17. Implementation of the transfer

1. Upon receiving the decision to enforce the transfer decision, the Ministry of Public Security shall agree with the competent authority of the foreign country on the time, place, and method of transfer.

2. Based on the decision of the Head of the Criminal Enforcement Management Agency under the Ministry of Public Security, the detention facility responsible for holding the person serving a prison sentence shall cooperate with other competent authorities of Vietnam to escort the person serving a prison sentence to the agreed location and time for handover to the foreign country. The escort team shall include:

a) A representative from the Criminal Enforcement Management Agency under the Ministry of Public Security as the Head of the delegation;

b) The Warden or Deputy Warden of the detention facility where the person serving a prison sentence is serving their sentence.

3. The handover of the person serving a prison sentence to the receiving country must be recorded in a protocol consisting of three (3) copies in Vietnamese, three (3) copies in English, and three (3) copies in the language of the receiving country; signed by representatives of the agencies specified in Clause 2 of this Article and representatives of the competent authority of the receiving country.

4. If the requesting country does not accept the transfer beyond the seven (7) day period from the date set in the agreement without a valid reason, the Criminal Enforcement Management Agency under the Ministry of Public Security shall record this fact and immediately notify the court that issued the transfer decision to review and revoke the transfer decision. Within five (5) working days from the date of receipt of the notification from the Criminal Enforcement Management Agency under the Ministry of Public Security, the court that issued the transfer decision must convene a meeting and issue a decision to revoke the transfer decision and immediately notify the Ministry of Public Security to inform the foreign country.

Upon receiving the decision to revoke the transfer decision, the Ministry of Public Security shall immediately notify the foreign country and the person serving a prison sentence about the decision of the Vietnamese court and issue a decision to return the person serving a prison sentence to the detention facility to continue serving the sentence in Vietnam.

5. If the requesting country has not been able to accept the transfer within the seven (7) day period from the date set in the agreement due to objective reasons and has notified the Ministry of Public Security about the delay and committed in writing to accept the person serving a prison sentence and pay all costs arising from the delay in accepting the transfer, then the Ministry of Public Security may issue a decision to postpone the implementation of the transfer decision and agree with the foreign country to set a new time and place for the transfer. The postponement of the implementation of the transfer decision shall not exceed fifteen (15) days from the date of receipt of the written commitment from the foreign country regarding the acceptance of the person serving a prison sentence.

The Head of the Criminal Enforcement Management Agency under the Ministry of Public Security shall issue a decision to transfer the person serving a prison sentence to the nearest and most convenient detention facility for the new agreed transfer.

Article 18. Notification regarding reduction of the term of imprisonment, amnesty, and general pardon for persons serving sentences of imprisonment has been transferred.

1. Upon receipt of the notification regarding the decision to reduce the term of imprisonment, grant amnesty, or general pardon for persons serving sentences of imprisonment that have been transferred, the Ministry of Public Security shall immediately notify the competent authority of the foreign country to implement the reduction of the term of imprisonment, grant amnesty, or general pardon for such persons.

2. The Vietnamese representative office shall be responsible for coordinating with the Ministry of Public Security to monitor the implementation by the receiving country's competent authority of the decision to reduce the term of imprisonment, grant amnesty, or general pardon issued by the Vietnamese competent authority.

Chapter IV

CONTINUE ENFORCING THE SENTENCE OF IMPRISONMENT

Article 19. Conversion of punishment

The conversion of punishment shall be carried out as follows:

1. When issuing a decision to repatriate Vietnamese citizens serving sentences of imprisonment abroad back to Vietnam to continue serving their sentences in Vietnam, the competent People's Court shall consider whether it is necessary to convert the punishment. If the nature or duration of the punishment does not comply with Vietnamese laws, it may be converted to align with the punishment prescribed by Vietnamese law for similar offenses. In converting the punishment, the competent court must base its decision on the conclusions of the case as reflected in the opinions, indictment, judgment, or sentence pronounced by the transferring country. The converted punishment shall not be more severe than the original punishment pronounced by the transferring country in terms of both nature and duration.

2. In cases where a person convicted of a crime is sentenced to imprisonment for more than thirty years for multiple crimes or more than twenty years for a single crime, after consultation with the competent authority of the foreign country, the competent court of Vietnam may consider and decide that the remaining term of imprisonment for the person received shall be up to thirty years (in cases of multiple crimes) or up to twenty years (in cases of a single crime), according to the provisions of the Criminal Code of Vietnam, and deducting the time already served in the foreign country.

Article 20. Implementation of treatment for persons serving sentences of imprisonment who have been transferred to Vietnam

1. The treatment and benefits of persons serving sentences of imprisonment who have been transferred to Vietnam shall be implemented as if they were serving sentences of imprisonment in Vietnam.

2. During the period when persons serving sentences of imprisonment continue to serve their sentences of imprisonment in Vietnam, they shall enjoy the management detention, educational reform, temporary suspension of enforcement of the sentence of imprisonment, reduction of the term of imprisonment, release from prison, amnesty, and general pardon according to Vietnamese law, like other persons serving sentences of imprisonment.

3. In the event of receiving a notification regarding the decision to reduce the term of imprisonment, release from prison, grant amnesty, or general pardon, or any other decision or measure of the transferring country affecting the person transferred to Vietnam leading to a reduction in the term of imprisonment, the Ministry of Public Security shall implement according to the procedures and formalities stipulated in Clause 2, Article 22 of this Circular.

4. Persons under eighteen years old who are transferred shall enjoy the provisions concerning detention for persons under eighteen years old serving sentences of imprisonment according to Vietnamese law.

Article 21. Notification on the execution status of persons serving custodial sentences

The Ministry of Public Security shall immediately notify the competent authority of another country when:

1. A person serving a custodial sentence is temporarily suspended from serving the custodial sentence, has their term of imprisonment reduced, or is granted amnesty;

2. A person serving a custodial sentence has completed their custodial sentence;

3. A person serving a custodial sentence escapes from detention;

4. A person serving a custodial sentence dies before completing their custodial sentence;

5. The foreign side requests notification on the execution status of a person serving a custodial sentence.

Article 22. Implementation of Amnesties or Reductions in Sentences for Persons Serving Custodial Sentences Based on Decisions from the Transferring Country

Upon receiving notifications regarding amnesties or reductions in sentences for persons serving custodial sentences from the transferring country, the Ministry of Public Security shall immediately notify the competent state authority to consider and decide according to the following procedures:

1. Report and propose to the Government to submit to the President for a decision on amnesty for persons serving custodial sentences who have been received in Vietnam from abroad, within the scope of their authority;

2. Notify the Supreme People's Court about the decision to reduce the term of imprisonment from the transferring country so that it can issue a decision recognizing and enforcing the reduction of the term of imprisonment at the Supreme Court of the transferring country in Vietnam;

3. After receiving the decision from the competent authority, the Ministry of Public Security will implement amnesty or reduction in the term of imprisonment for persons serving custodial sentences.

Chapter V

EFFECTIVE DATE

Article 23. Effectiveness of the Circular

This Circular takes effect from April 15, 2013.

Article 24. Implementation Organization

During the implementation of this Circular, if there are any difficulties or issues requiring clarification or guidance, they should be reported to the Ministry of Public Security, the Ministry of Justice, the Ministry of Foreign Affairs, the Supreme People's Procuracy, and the Supreme People's Court for timely supplementary explanation or guidance.