JOINT CIRCULAR No. 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP ON THE RELATIONSHIP OF COOPERATION IN IMPLEMENTING THE PROCEDURES AND PROCEDURAL REQUIREMENTS FOR SUSPENDING AND EXEMPTING THE EXECUTION OF PRISON SENTENCES

JOINT CIRCULAR

Regulations on coordination relationships in the implementation of procedures,suspension and exemption from serving custodial sentences

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

The President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the Minister of Public Security, and the Minister of National Defense jointly promulgate regulations on coordination relationships in the implementation of procedures, suspension and exemption from serving custodial sentences.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint Circulars regulate coordination relationships in implementing certain provisions of the Criminal Enforcement Law, the Criminal Procedure Code regarding procedures, suspension and exemption from serving custodial sentences for persons sentenced to imprisonment who are currently on bail, persons sentenced to imprisonment who have not yet served their sentences, or are temporarily suspended from serving their sentences (hereinafter referred to collectively as persons sentenced to imprisonment).

Article 2. Applicability

These joint Circulars apply to courts, procuracies, criminal enforcement management agencies under the Ministry of Public Security, criminal enforcement management agencies under the Ministry of National Defense, provincial-level criminal enforcement agencies, military region criminal enforcement agencies, prisons, detention centers, county-level criminal enforcement agencies, persons sentenced to imprisonment, and other relevant agencies, organizations, and individuals involved in suspending and exempting from serving custodial sentences.

Article 3. Principles of coordination in the implementation of suspension and exemption from serving custodial sentences

1. Compliance with laws on criminal matters, criminal procedure, and criminal enforcement.

2. Ensuring socialist humanitarianism.

3. Ensuring transparency and fairness.

4. Respecting and protecting the rights and legitimate interests of persons sentenced to imprisonment.

Article 4. Templates for accompanying documents issued with the Joint Circular

1. Application for suspension from serving custodial sentence (Form No. 01).

2. Decision on suspension from serving custodial sentence (Form No. 02).

3. Decision to revoke the Decision on Suspension from Serving Custodial Sentence (Form No. 03).

4. Decision to revoke the Decision on Suspension from Serving Custodial Sentence and apply compulsory medical treatment measures (Form No. 04).

5. Decision to convene a meeting to consider exemption from serving custodial sentence (Form No. 05).

6. Decision on considering exemption from serving custodial sentence (Form No. 06).

Chapter II
PROCEDURES, FORMS, FILES FOR CONSIDERATION, APPLICATION, DECISION

AND IMPLEMENTATION OF THE DECISION ON SUSPENSION FROM SERVING CUSTODIAL SENTENCE

Article 5. Procedures for applying for suspension from serving custodial sentence

1. The following individuals and agencies have the right to submit applications or documents requesting suspension from serving custodial sentence:

a) Persons sentenced to imprisonment. In cases where persons sentenced to imprisonment cannot submit the application themselves, close relatives of the person sentenced may submit it on their behalf;

b) The same-level Procuracy;

c) The criminal enforcement agency of the public security department at the county level where the person serving the custodial sentence resides;

d) The criminal enforcement agency of the military region where the person serving the custodial sentence works or resides.

2. Applications or documents requesting suspension from serving custodial sentence must be submitted to the court that issued the enforcement decision within three days from the date of receipt of the enforcement decision, except in cases of force majeure or objective obstacles, and must include the following contents:

a) Date of submission of the application or document;

b) Name of the court receiving the application or document;

c) Full name, date of birth, place of residence, and workplace of the person serving the custodial sentence on bail;

d) Case number, date, and month, year of the judgment, crime, and penalty decision in the effective judgment; case number and enforcement decision on custodial sentence;

đ) Reasons for requesting suspension from serving custodial sentence;

e) List of accompanying documents with the application or document;

g) In cases where persons sentenced to imprisonment or their close relatives submit an application, they must sign or affix fingerprints at the end of the application and have it confirmed by the People's Committee of the commune where the person sentenced resides; in cases where an agency submits the application, the end of the document must be signed by the authorized representative of the agency and stamped by the agency.

3. Applications or documents and accompanying documents must be submitted to the court that issued the custodial sentence enforcement decision through the following methods:

a) Submitting directly to the court;

b) Sending to the court via postal service;

c) Sending online through the court's electronic portal (if available).

4. The date of receipt of the application or document is the date when the individual or agency submits it at the court or the date when the court receives it from the postal service organization. In cases where individuals or agencies send applications or documents through the court's electronic portal, the date of receipt of the application or document is the date when the court's electronic portal confirms receipt of the application or document sent by the individual or agency.

Article 6. Documents for Requesting Suspension of Execution of Criminal Sentences

1. The documents for requesting suspension of execution of criminal sentences include the following materials:

a) A request for suspension of execution of criminal sentence or a document requesting suspension of execution of criminal sentence;

b) A copy of the judgment or decision with legal effect of the Court or a copy of the extract of the judgment;

c) A copy of the decision on enforcement of criminal sentence;

d) For persons sentenced to imprisonment who suffer from serious illness to the extent that they cannot serve their criminal sentence and if they were to serve it, it would endanger their lives, there must be a conclusion of the Medical Appraisal Board or a copy of the medical record or a conclusion of a provincial-level or higher hospital or a conclusion of a public forensic organization regarding the health condition of the person sentenced to imprisonment. Persons suffering from serious illness are those suffering from one of the following severe diseases: terminal cancer, drug-resistant tuberculosis, cirrhosis with ascites, heart failure stage III or above, chronic kidney disease stage IV or above, or other diseases leading to inability to self-care, poor prognosis, and high risk of death;

đ) For persons sentenced to imprisonment who are infected with HIV and have progressed to clinical stage IV, there must be a test result showing infection with HIV according to the regulations of the Ministry of Health and a copy of the medical record or a conclusion of a competent health authority confirming progression to clinical stage IV, currently having opportunistic infections, and poor prognosis, with a high risk of death;

e) For women sentenced to imprisonment who are pregnant, there must be a conclusion of a district-level or equivalent hospital regarding the pregnancy of the person sentenced;

g) For women sentenced to imprisonment who are raising children under 36 months old, there must be a copy of the birth certificate or birth certificate of the child under 36 months old and a confirmation by the People's Committee of the commune where the person sentenced resides regarding their raising of a child under 36 months old;

h) For persons sentenced to imprisonment who are proposed to suspend the execution of their criminal sentence because they are the sole breadwinner in the family, and if they were to serve their sentence, the family would face special difficulties, there must be a written report detailing the difficult circumstances, work, income level, place of work, and a confirmation by the People's Committee of the commune where they reside;

i) For persons sentenced to imprisonment who are proposed to suspend the execution of their criminal sentence due to official needs, there must be a document or decision of the competent authority regarding the requisition of the person sentenced to perform specific duties or official tasks;

k) A copy of the Identity Card or Citizen Identification Card, passport;

l) Other related documents (if any).

2. The documents for requesting suspension of execution of criminal sentences must be numbered and kept in the Enforcement File of the person whose execution of the criminal sentence is suspended, managed by the Court.

3. In cases where the Prosecutor requests the Court to provide documents and materials related to the suspension of execution of criminal sentences to perform its supervisory functions, the Court shall send copies upon the request of the Prosecutor, except in cases where the suspension of execution of criminal sentences is requested by the Prosecutor.

Article 7. Procedure for Considering Suspension of Execution of Criminal Sentences

1. Immediately upon receipt of the request, document, material, or file for considering suspension of execution of criminal sentences, the Court shall notify in writing to the Prosecutor at the same level about the consideration of the decision to suspend the execution of the criminal sentence (if the Prosecutor has not requested the suspension of the execution of the criminal sentence); the Criminal Enforcement Department of the Public Security Office at the district level, the Criminal Enforcement Department at the military region level to stop the procedures for transferring the person serving the criminal sentence to serve the sentence and not to carry out the escort for enforcement.

2. The President of the Court shall organize the examination, verification of the request, accompanying documents, and resolve as follows:

a) If the request, accompanying documents are complete as prescribed in Article 6 of this Joint Circular, then consider suspending the execution of the criminal sentence;

b) If the request, accompanying documents are incomplete as prescribed in Article 6 of this Joint Circular, then notify the supplementation of the request, accompanying documents. In this case, the time limit for the President of the Court to examine and decide on the suspension of the execution of the criminal sentence as stipulated in Clause 2, Article 24 of the Criminal Enforcement Law shall be calculated from the date of receiving the supplemented request, documents, and accompanying materials;

c) If the file for requesting suspension of execution of the criminal sentence is complete but still contains unclear or unresolved issues, the President of the Court shall coordinate with the Prosecutor at the same level to discuss and reach consensus before issuing the decision.

3. After examining the file for requesting suspension of execution of the criminal sentence, the President of the Court shall resolve as follows:

a) If there is insufficient basis for suspending the execution of the criminal sentence, no decision to suspend will be issued and a written response will be provided stating the reasons. This document may be appealed or protested according to the provisions of the Criminal Enforcement Law and must be sent according to the provisions of Clause 2, Article 24 of the Criminal Enforcement Law;

b) If there is sufficient basis for suspending the execution of the criminal sentence, issue a Decision to Suspend the Execution of the Criminal Sentence.

4. The Decision to Suspend the Execution of the Criminal Sentence shall contain the following contents:

a) Date of issuance of the decision;

b) Issued by the Court;

c) Clearly state the name, position of the person issuing the decision;

d) Number, date, month, year of the Judgment or decision being enforced;

đ) Number, date, month, year of the decision on enforcement of the criminal sentence;

e) Name, year of birth, place of residence of the person whose execution of the criminal sentence is suspended;

g) Reason for suspending the execution of the criminal sentence;

h) Name of the Criminal Enforcement Agency, People's Committee of the commune, military unit responsible for managing the person whose execution of the criminal sentence is suspended;

i) Duration of suspension of the execution of the criminal sentence and its effectiveness.

In cases of suspension of execution of the criminal sentence as prescribed in points b, c, d of Clause 1, Article 67 of the Penal Code, at the end of the decision, it shall be recorded "At the end of the period of suspension of the execution of the criminal sentence, Decision No... of the Court... shall be enforced according to the provisions of the Criminal Enforcement Law."

In cases of suspension of execution of the criminal sentence as prescribed in point a of Clause 1, Article 67 of the Penal Code, at the end of the decision, it shall be recorded "The enforcement decision number ... of the Court ... shall be implemented from the date when the probation period for suspended imprisonment ends or the day when the criminal enforcement agency of the police at the provincial level, the criminal enforcement agency of the military region police, or a hospital at the provincial level or military region level, or a conclusion from a public forensic organization, or a medical examination council at the provincial level or higher regarding the health condition of the person on probation has recovered."

5. The probation period for suspended imprisonment shall be calculated from the date of issuance of the decision.

6. The decision to suspend the execution of the imprisonment sentence shall take effect from the date of issuance and may be subject to protest. The procedures for handling protests shall be carried out in accordance with the provisions of Chapters XXII, XXV, and XXVI of the Criminal Procedure Code.

7. The decision to suspend the execution of the imprisonment sentence must be sent in accordance with Clause 3 of Article 24 of the Law on Execution of Criminal Sentences.

Article 8. Revocation of the Decision to Suspend the Execution of the Imprisonment Sentence

1. The court shall consider revoking the decision to suspend the execution of the imprisonment sentence in the following cases:

a) The person on probation does not commit to strictly complying with the law or commits a new crime, escapes, or violates the law causing adverse effects on national security, social order, and safety;

b) The person on probation has a medical examination result determining that they suffer from mental illness or other diseases that impair their ability to understand or control their actions;

c) The person on probation has a medical examination result determining that they have recovered and been transferred to the place of execution of the imprisonment sentence;

d) The person on probation voluntarily requests to serve the imprisonment sentence.

2. The procedure for considering the revocation of the decision to suspend the execution of the imprisonment sentence shall be carried out as follows:

a) Within three working days from the date of receipt of the record and notification from the criminal enforcement agency of the police at the provincial level, the criminal enforcement agency of the military region police about the person on probation not committing to strictly comply with the law, the Chief Judge of the court issuing the decision to suspend the execution of the imprisonment sentence shall consider revoking the decision to suspend the execution of the imprisonment sentence.

b) Upon receiving the report from the People's Committee of the commune, the military unit responsible for managing the person on probation about the person on probation committing a new crime, escaping, or violating the law causing adverse effects on national security, social order, and safety, or the voluntary request of the person on probation to serve the imprisonment sentence, the criminal enforcement agency of the police at the provincial level, the criminal enforcement agency of the military region police shall issue a document requesting the Chief Judge of the court issuing the decision to suspend the execution of the imprisonment sentence to revoke the decision to suspend the execution of the imprisonment sentence.

Within three working days from the date of receipt of the request document from the criminal enforcement agency of the police at the provincial level, the criminal enforcement agency of the military region police, the Chief Judge of the court issuing the decision to suspend the execution of the imprisonment sentence shall consider revoking the decision to suspend the execution of the imprisonment sentence.

c) Within three working days from the date of receipt of the notification or request from the criminal enforcement agency of the police at the provincial level, the criminal enforcement agency of the military region police about the transfer of the person on probation to the place of execution of the imprisonment sentence due to recovery of health or suffering from mental illness or other diseases impairing the ability to understand or control actions, the Chief Judge of the court issuing the decision to suspend the execution of the imprisonment sentence shall consider revoking the decision to suspend the execution of the imprisonment sentence.

d) The procedure for considering the revocation of the decision to suspend the execution of the imprisonment sentence shall be carried out in accordance with the provisions of Clauses 2, 3, and 6 of Article 7 of this Circular.

đ) The decision to revoke the decision to suspend the execution of the imprisonment sentence shall include the following contents: Date, month, year of issuance; Court issuing the decision; clearly stating the name, position of the person issuing the decision; number, date, month, year of the decision to suspend the execution of the imprisonment sentence; name, year of birth, place of residence of the person on probation; reasons for revoking the decision to suspend the execution of the imprisonment sentence; designated criminal enforcement agency of the police at the provincial level or criminal enforcement agency of the military region police; clearly stating the number, date, month, year of the enforcement decision issued. This decision shall take effect from the date the court issues the decision.

The decision to revoke the decision to suspend the execution of the imprisonment sentence may be protested according to the provisions of Clause 5 of Article 167 of the Law on Execution of Criminal Sentences and shall be resolved according to the provisions of Clause 4 of Article 169 of the Law on Execution of Criminal Sentences.

In the case of revoking the decision to suspend the execution of the imprisonment sentence as provided in Point b Clause 1 of this Article, in addition to the content of revoking the decision to suspend the execution of the imprisonment sentence, there must also be content regarding the application of compulsory medical treatment measures.

Article 9. Enforcement of the decision to revoke the decision to suspend the execution of a prison sentence

Upon receiving the decision to revoke the decision to suspend the execution of a prison sentence from the court, the criminal enforcement agency of the public security department at the district level or the criminal enforcement agency of the military region shall organize the enforcement of the sentence in accordance with Clause 4 of Article 23 of the Criminal Enforcement Law.

Chapter III
PROCEDURE, FORMALITIES FOR CONSIDERATION, DECISION AND ENFORCEMENT

DECISION TO EXEMPT FROM EXECUTION OF PRISON SENTENCE

Article 10. Receipt and handling of files requesting consideration for exemption from execution of a prison sentence

1. Immediately upon receipt of the document and file requesting exemption from execution of a prison sentence, the court must record it in the receipt book.

2. Within two working days from the date of recording the request for exemption from execution of a prison sentence in the receipt book, the President of the Court with jurisdiction shall establish a Board consisting of three Judges to consider and decide on the exemption from execution of a prison sentence and assign one Judge to chair the session.

3. After being assigned to chair the session, the Judge shall examine and handle as follows:

a) In cases where the file requesting exemption from execution of a prison sentence is complete, the decision to convene a session to consider the exemption from execution of a prison sentence shall be made and notified in writing to the People's Procuracy that has requested the exemption from execution of a prison sentence to send a Prosecutor to participate in the session;

b) In cases where the file requesting exemption from execution of a prison sentence is unclear or incomplete, the request for the People's Procuracy that has requested the exemption from execution of a prison sentence to supplement the materials shall be proposed.

4. The decision to convene a session must include the following contents: the date, month, year of the decision; the name of the court issuing the decision; the time, date, month, year, and location of the session; the full name, date of birth, place of birth, occupation, and place of residence of the person serving the prison sentence; the decision to enforce the prison sentence; the full name of the Judge, the Clerk of the session, and the full name of the Prosecutor.

This decision must be sent to the People's Procuracy that has requested the exemption from execution of a prison sentence at least five days before the session is convened.

Article 11. Participants in the session to consider exemption from execution of a prison sentence

1. A Prosecutor from the People's Procuracy at the same level must participate in the session; if the Prosecutor is absent, the court shall postpone the session.

2. If necessary, the court may summon the person serving the prison sentence or their lawful representative, the expert, the interpreter, or other relevant agencies, organizations, or individuals to participate in the session; if there is anyone absent, the court shall decide to postpone the session or proceed with the session.

The postponement period shall not exceed seven days from the date of postponement.

Article 12. Procedure for conducting the session to consider exemption from execution of a prison sentence

1. The Clerk of the session reports on the presence and absence of those summoned by the court and the reasons for their absence.

2. The Chairperson opens the session, introduces the members of the Board, the participating Prosecutor, and the Clerk of the session.

3. The representative of the People's Procuracy presents the file requesting consideration for exemption from execution of a prison sentence. Members of the Board may ask additional questions to the representative of the People's Procuracy about unclear points.

In cases where the session includes the person serving the prison sentence or their lawful representative, the expert, the interpreter, or other relevant agencies, organizations, or individuals, the Chairperson of the session shall manage the questioning, deciding who asks first and second in a reasonable order.

4. The Chairperson of the session manages the discussion.

5. Based on the file requesting consideration, the opinions of the People's Procuracy, and participants (if any), the Board considering the exemption from execution of a prison sentence shall examine and decide as follows:

a) Not accepting the request for exemption from execution of a prison sentence;

b) Accepting the request for exemption from execution of a prison sentence.

6. All developments during the session are recorded in the minutes and kept in the file for reviewing the request. The minutes of the session must have the signatures of the Chairperson of the session and the Clerk of the session.

Article 13. Decision on the Examination of Exemption from Serving Prison Sentences

1. The decision on the examination of exemption from serving prison sentences shall include the following contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Names of the Judge, Prosecutor, and session secretary;

d) Full name, year of birth, place of residence of the person serving the prison sentence; the effective judgment of the first-instance court; other judgments or decisions (if any); number, date, month, and year of the enforcement decision of the prison sentence;

đ) Specific issues requiring the court to resolve;

e) The court's assessment and grounds for accepting or not accepting the proposal;

g) Legal basis for resolving the proposal;

h) The court's decision;

i) Effectiveness of enforcement.

2. The decision on the examination of exemption from serving prison sentences must be sent in accordance with Clause 3 of Article 39 of the Criminal Enforcement Law.

3. The decision on the examination of exemption from serving prison sentences becomes legally effective from the day the deadline for lodging an appeal under the appellate procedure expires and may be subject to appeal. The procedures and formalities for handling appeals are carried out in accordance with Chapters XXII, XXV, and XXVI of the Criminal Procedure Code.

Chapter IV
IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from October 1, 2021.

Article 15. Implementation Organization

1. The Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense within their respective functions, tasks, and authorities shall be responsible for organizing the implementation of this Circular Jointly Issued.

2. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals should report to the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense for timely guidance./.

Place of Receipt:

- Standing Committee of the National Assembly;

- Committee for Legal Affairs of the National Assembly;

- Committee for Judicial Affairs of the National Assembly;

- Central Steering Committee for Criminal Justice Reform;

- Central Commission for Party Affairs;

- President's Office;

- Office of the Government (two copies);

- Supreme People's Procuracy;

- Ministry of Justice;

- Ministry of Public Security;

- Ministry of National Defense;

- All People's Courts and People's Procuracies;

- Judges of the Supreme People's Court and units of the Supreme People's Court;

- Electronic information portals of the Ministries and sectors: Supreme People's Court, Supreme People's Procuracy, Ministry of Public Security, Ministry of National Defense;

- To be filed: VT (Supreme People's Court, Supreme People's Procuracy, Ministry of Public Security, Ministry of National Defense).