Joint Circular No. 01/2023/TTLT-BCA-BQP-TANDTC-VKSNDTC on cooperation in implementing certain provisions of the Criminal Execution Law regarding criminal execution in the community

JOINT CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. the coordination in a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters. certain provisions

of the Criminal Execution Law regarding criminal execution in the community 

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

Pursuant to the Penal Code dated November 27, 2015; Law amending and supplementing certain articles of the BPenal Code Hdated June 20, 2017;

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 Minister of Public Security, the Minister of National Defense, the President of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy jointly stipulate the coordination in implementing certain provisions of the Criminal Execution Law regarding the procedures and formalities for suspended sentences, non-custodial corrective education, residence prohibition, surveillance, prohibition from holding positions, prohibition from practicing professions or performing specific tasks, deprivation of certain civil rights; enforcement decisions against persons sentenced to imprisonment who are on bail when the judgment has become legally binding, suspension of serving prison sentences, temporary suspension of serving prison sentences, conditional early release. This Circular stipulates the coordination in implementing certain provisions of the Criminal Execution Law regarding the procedures and formalities for suspended sentences, non-custodial corrective education, residence prohibition, surveillance, deprivation of certain civil rights, prohibition from holding positions, prohibition from practicing professions or performing specific tasks; enforcement decisions against persons sentenced to imprisonment who are on bail when the judgment has become legally binding, persons whose sentences have been suspended, persons whose sentences have been temporarily suspended, persons conditionally released early..

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Courts, Prosecution Offices, criminal execution agencies, agencies assigned certain tasks related to criminal execution, public security offices at commune level; competent and responsible authorities for implementing criminal execution within these agencies and units.

Article 2. Applicability

These joint circulars apply to:

2. Persons benefiting from suspended sentences; persons serving non-custodial corrective education, residence prohibition, surveillance, deprivation of certain civil rights, prohibition from holding positions, prohibition from practicing professions or performing specific tasks; persons sentenced to imprisonment who are on bail when the judgment has become legally binding, persons whose sentences have been suspended, persons whose sentences have been temporarily suspended, persons conditionally released early (collectively referred to as persons serving sentences).

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

Article 3. Enforcement of suspended sentences and non-custodial corrective education in cases where the person serving the sentence is not residing at the place of residence at the time the criminal execution agency of the public security office at the county level receives the decision to enforce the sentence

Chapter II

 SPECIFIC PROVISIONS

When conducting the procedure to summon the person serving the sentence to commit to complying with the sentence as provided for in Clause 1, Article 85, Clause 1, Article 97 of the Criminal Execution Law, if the person serving the sentence does not appear according to the summons deadline, the criminal execution agency of the public security office at the county level must verify the place of residence of the person serving the sentence at the addresses stated in the judgment and other relevant addresses. Based on the verification results, the criminal execution agency of the public security office at the county level shall implement:

1. In case the place of residence of the person serving the sentence is determined, they shall be required to return to their place of residence; a violation record shall be established and the enforcement procedure shall continue as prescribed by the Criminal Execution Law.

2. In case the person serving the sentence has been granted permission to change their place of residence by the competent authority, a written notification shall be issued and the judgment and decision to enforce the sentence shall be transferred to the criminal execution agency of the public security office at the county level where the person serving the sentence currently resides for enforcement in accordance with the Criminal Execution Law, while simultaneously notifying the same-level People's Procuracy.

In case the person serving the sentence changes their place of residence without the consent of the competent authority, they shall be summoned to the headquarters of the criminal execution agency of the public security office at the county level, a violation record shall be established; a written notification shall be issued and the judgment and decision to enforce the sentence shall be transferred to the criminal execution agency of the public security office at the county level where the person serving the sentence currently resides for enforcement in accordance with the Criminal Execution Law, while simultaneously notifying the same-level People's Procuracy.

The criminal execution agency of the public security office at the county level and the People's Committee at the commune level where the person serving the sentence currently resides shall accept the judgment and decision to enforce the sentence and organize enforcement in accordance with the Criminal Execution Law.

3. In case the person serving the sentence has left their place of residence without anyone knowing where they went or where they are staying, it shall be implemented in accordance with Clause 1, Article 93 of the Criminal Execution Law for persons benefiting from suspended sentences; search and handle according to the law for persons serving non-custodial corrective education.

3. In the case where the person executing the sentence has left their place of residence without anyone knowing where they have gone or where they are currently located, the provisions of Clause 1, Article 93 of the Criminal Execution Law regarding suspended sentences shall be applied; search for and handle the person serving a non-custodial corrective punishment in accordance with the relevant laws.

Article 4. Coordination in the execution of suspended sentences and non-custodial corrective measures when the court entrusts supervision and education to the agency or organization where the person executing the sentence works or studies.

In cases where the court entrusts persons benefiting from suspended sentences or persons serving non-custodial corrective measures to agencies or organizations where the person executing the sentence works or studies (excluding military units) for supervision and education, the following shall be implemented:

1. Within three working days from the date of receipt of the enforcement decision, the criminal enforcement agency of the public security department at the district level shall summon the person executing the sentence to the office of the criminal enforcement agency of the public security department at the district level to commit to complying with the sentence; establish an enforcement file, notify and send copies of the documents specified in Clause 2, Article 85 and Clause 2, Article 97 of the Law on Enforcement of Criminal Sentences to the agency or organization entrusted with supervision and education.

2. The criminal enforcement agency of the public security department at the district level shall guide the agency or organization entrusted with supervision and education to enforce the sentence as follows:

a) Establish a supervision and education file for the person executing the sentence according to Clause 3, Article 85 and Clause 3, Article 97 of the Law on Enforcement of Criminal Sentences;

b) On a monthly basis, the head of the agency or organization shall confirm in the self-assessment form of the person executing the sentence; provide a written assessment of the person's compliance with the sentence, send it to the criminal enforcement agency of the public security department at the district level and retain the supervision and education file of the person executing the sentence;

c) Three days before the end of the probation period, transfer the supervision and education file of the person executing the sentence to the criminal enforcement agency of the public security department at the district level to complete the procedures for issuing a certificate of completion of the sentence according to Clause 4, Article 85 and Clause 4, Article 97 of the Law on Enforcement of Criminal Sentences;

d) Report to the criminal enforcement agency of the public security department at the district level to propose shortening the probation period of suspended sentences, reducing or exempting the term of non-custodial corrective measures when conditions are met;

đ) Report to the criminal enforcement agency of the public security department at the district level when the person executing the sentence violates obligations or laws for handling;

e) Coordinate with the People's Committee of the commune where the person executing the sentence resides to implement supervision and education of the person executing the sentence.

3. In cases where the person executing the sentence requests to change the place of execution to the People's Committee of the commune where they reside, the transfer of the enforcement file and the supervision and education file of the person executing the sentence to the criminal enforcement agency of the public security department at the district level and the People's Committee of the commune where the person executing the sentence resides for continued enforcement shall be carried out; notify the court that issued the enforcement decision, the prosecution office at the place of transfer and the place of reception about the transfer of enforcement.

Article 5. Determination of the start time of sentence execution and the duration of sentence execution.

1. The start time of sentence execution is determined as follows:

a) The start time of suspended sentence execution is implemented according to Article 5 of Resolution No. 02/2018/NQ-HĐTP dated May 15, 2018 of the Supreme People's Court Council guiding the application of Article 65 of the Penal Code on suspended sentences and Clause 4 of Resolution No. 01/2022/NQ-HĐTP dated April 15, 2022 of the Supreme People's Court Council amending and supplementing some articles of Resolution No. 02/2018/NQ-HĐTP dated May 15, 2018 of the Supreme People's Court Council guiding the application of Article 65 of the Penal Code on suspended sentences;

b) The start time of non-custodial corrective measure execution is calculated from the date the criminal enforcement agency of the public security department at the district level or the criminal enforcement agency of the military region receives the enforcement decision;

c) The start time of residence prohibition or control execution is calculated from the date of completion of the custodial sentence;

d) The start time of deprivation of certain civil rights execution is calculated from the date of completion of the custodial sentence or from the date the judgment becomes legally effective in cases where the convicted person benefits from a suspended sentence;

đ) The start time of prohibition from holding positions, engaging in professions, or performing specific tasks execution is calculated from the date of completion of the custodial sentence or from the date the judgment becomes legally effective if the principal punishment is a warning, fine, or non-custodial corrective measures, or in cases where the convicted person benefits from a suspended sentence.

2. In cases where the person executing the control sentence violates the provisions of Clause 2, Article 116 of the Law on Enforcement of Criminal Sentences, the time not counted towards the term of execution of the control sentence shall be calculated based on the number of days leaving the controlled area without permission or the number of days violating the provisions recorded in the permit.

Based on the record confirming that the person executing the control sentence left the controlled area without permission or violated the provisions recorded in the permit, the People's Committee of the commune shall report to the criminal enforcement agency of the public security department at the district level to issue a decision in writing regarding the time not counted towards the term of execution of the control sentence and send it to the People's Committee of the commune, the court that issued the enforcement decision, and the same-level prosecution office.

Article 6. Enforcement of sentences when the person subject to enforcement is simultaneously required to serve multiple types of penalties

1. When a person subject to enforcement is simultaneously required to serve multiple types of penalties, the enforcement organization shall enforce each penalty separately according to the provisions of the Criminal Execution Law.

2. In cases where a suspended sentence recipient is also required to serve a term of imprisonment, the People's Committee of the commune, military unit responsible for supervising and educating the suspended sentence recipient shall notify the prison, detention center, criminal execution agency of the public security department at the district level, or the criminal execution agency of the military region where the person subject to enforcement is being managed; they shall not summon the person subject to enforcement, shorten the probation period, or submit monthly reports from the suspended sentence recipient.

If the probation period has expired but the term of imprisonment has not been completed, the criminal execution agency of the public security department at the district level, or the criminal execution agency of the military region shall issue a certificate confirming completion of the probation period, send it to the agencies, organizations, or individuals specified in Clause 4 of Article 85 of the Criminal Execution Law, and simultaneously send it to the prison, detention center, criminal execution agency of the public security department at the district level, or the criminal execution agency of the military region where the person subject to enforcement is being managed.

If the term of imprisonment is completed before the probation period expires, within seven days from the date of completion of the term of imprisonment, the criminal execution agency of the public security department at the district level, or the criminal execution agency of the military region must summon the suspended sentence recipient to fulfill the commitment to comply with the sentence and implement the enforcement procedures according to the provisions of the Criminal Execution Law.

3. For persons granted conditional early release with additional penalties such as residence prohibition, surveillance, deprivation of certain civil rights, prohibition from holding positions, or engaging in specific professions, immediately upon completion of the probation period, the criminal execution agency of the public security department at the district level shall organize the enforcement of the penalties of residence prohibition, surveillance, deprivation of certain civil rights, prohibition from holding positions, or engaging in specific professions.

Article 7. Implementation of observations and reports on compliance with sentences

1. The People's Committee of the commune, military unit shall observe and report on the compliance with sentences of suspended sentence recipients, persons serving non-custodial corrective punishment, persons whose imprisonment has been postponed, persons whose imprisonment has been temporarily suspended, and persons granted conditional early release, once a month.

The observation and reporting period starts from the first day of the month of observation and reporting (for the first month, starting from the date of commencement of the sentence) to the last day of the month of observation and reporting (for the final month, until the date of transferring the supervision and education file of the suspended sentence recipient, non-custodial corrective punishment, and management of persons whose imprisonment has been postponed, temporarily suspended, or conditionally released to the criminal execution agency of the public security department at the district level, or the criminal execution agency of the military region).

Within the first five days of the following month (adjacent to the month of observation and reporting), the People's Committee of the commune, military unit must complete the observation and reporting document and send it to the criminal execution agency of the public security department at the district level, or the criminal execution agency of the military region for archiving the enforcement file.

2. The People's Committee of the commune shall observe the process of compliance with the sentence of surveillance once every three months.

The observation period starts from the first day of the first month in the observation period (for the first period, starting from the date of commencement of the sentence) to the last day of the last month in the observation period (for the final period, until the date of transferring the supervision and education file of the person subject to enforcement of the surveillance sentence to the criminal execution agency of the public security department at the district level).

Within the first five days of the following month (adjacent to the observation period), the People's Committee of the commune must complete the observation; archive the supervision and education file of the person subject to enforcement of the surveillance sentence, and send it to the criminal execution agency of the public security department at the district level for archiving the enforcement file.

3. Reporting on the results of enforcing the prohibition from holding positions, engaging in specific professions as stipulated in Article 131 of the Criminal Execution Law shall be carried out as follows:

a) The criminal execution agency of the public security department at the district level, or the criminal execution agency of the military region shall request the agency or organization where the person subject to enforcement works to report the results of enforcement to the criminal execution agency of the public security department at the district level once every three months.

The reporting period starts from the first day of the first month in the reporting period (for the first period, starting from the date of commencement of the sentence) to the last day of the last month in the reporting period (for the final period, until the end of the enforcement period).

Within the first five days of the following month, the agency or organization where the person subject to enforcement works must submit the report to the criminal execution agency of the public security department at the district level for archiving the enforcement file.

b) The People's Committee of the commune where the person subject to enforcement resides shall report the entire process of enforcement results to the criminal execution agency of the public security department at the district level within three working days before the end of the enforcement period.

Article 8. Resolution on changing place of residence or work for persons serving sentences

1. In cases where persons granted conditional early release from imprisonment, persons granted suspension of imprisonment, persons granted suspended sentence, or persons granted non-custodial reform change their place of residence or work, such cases shall be handled in accordance with Article 68, Clause 3 of Article 25, Clause 3 of Article 92, and Clause 3 of Article 100 of the Criminal Execution Law, and detailed regulations issued by the Minister of Public Security and the Minister of National Defense to implement the Criminal Execution Law.

2. In cases where persons serving a probationary sentence or persons whose execution of imprisonment has been temporarily suspended must change their place of residence due to force majeure reasons such as no longer having a place of residence, being required to move to a place where they can be cared for and nurtured, or other similar circumstances, the criminal execution agency under the People's Police of the district shall report to the criminal execution agency under the People's Police of the province, which will then report to the criminal execution management agency under the Ministry of Public Security for consideration and decision.

If the change of place of residence is approved, the criminal execution agency under the People's Police of the district must issue a written decision; notify the court, the People's Procuracy at the same level, the court that issued the enforcement decision, and the court that issued the temporary suspension decision; transfer case files and documents to the criminal execution agency under the People's Police of the district where the person serving the sentence resides to continue implementing supervision and education of persons serving a probationary sentence and managing persons whose execution of imprisonment has been temporarily suspended according to the provisions of the Criminal Execution Law.

3. In cases where persons serving a residence prohibition sentence change their place of residence, it shall be handled as follows:

Within three working days from the date of determining that the person serving the sentence has changed their place of residence, the People's Committee of the commune shall report and transfer the supervision and education case file of the person serving the sentence to the criminal execution agency under the People's Police of the district.

Within three working days from the date of receiving the report from the People's Committee of the commune, the criminal execution agency under the People's Police of the district must notify and transfer the enforcement case file and the supervision and education case file of the person serving the sentence to the criminal execution agency under the People's Police of the district where the person serving the sentence resides to continue enforcing the sentence, while also notifying the People's Procuracy at the same level.

Within five working days from the date of receiving the notification, the criminal execution agency under the People's Police of the district where the person serving the sentence resides must notify and transfer the supervision and education case file of the person serving the sentence to the People's Committee of the commune for supervision and education of the person serving the sentence, and notify the People's Procuracy at the same level.

4. In cases where persons serving a sentence depriving certain civil rights, prohibiting the holding of positions, or prohibiting certain professions or activities change their place of residence, within three working days from the date of determining that the person serving the sentence has changed their place of residence, the criminal execution agency under the People's Police of the district shall notify and transfer the enforcement case file to the criminal execution agency under the People's Police of the district where the person serving the sentence resides to continue enforcing the sentence, and notify the People's Procuracy at the same level.

Within seven days from the date of receiving the notification, the criminal execution agency under the People's Police of the district where the person serving the sentence resides must notify the People's Committee of the commune where the person serving the sentence resides to monitor and supervise the implementation of the enforcement of the sentence, and notify the People's Procuracy at the same level.

Article 9. Enforcement of judgments in cases transferred by competent military agencies

1. In cases where the enforcement agency receives a judgment or enforcement decision from the Military Court, the criminal enforcement agency of the public security at the district level shall organize the enforcement in accordance with the provisions of the Criminal Enforcement Law.

2. In cases where the suspended sentence beneficiary, the person serving a non-custodial corrective punishment who ceases to work in the military and whose enforcement file, supervision and education file are handed over by the criminal enforcement agency of the military region to the criminal enforcement agency of the public security at the district level where the person resides, the criminal enforcement agency of the public security at the district level shall accept the files and continue to organize the enforcement in accordance with the provisions of the Criminal Enforcement Law.

Article 10. Implementation of review for persons conditionally released early, suspended sentence beneficiaries, and non-custodial corrective punishment violators

1. The review of persons conditionally released early, suspended sentence beneficiaries, and non-custodial corrective punishment violators shall be carried out in accordance with the provisions of Articles 66, 91, and 105 of the Criminal Enforcement Law.

2. In cases where the person subject to enforcement does not appear for review within the prescribed time limit without a valid reason, a violation record and an absent review shall be established. The review record in cases of absence has the same validity as the review record of a present person subject to enforcement.

Article 11. Enforcement of judgments when the person subject to enforcement is placed in a rehabilitation school, compulsory educational facility, compulsory medical treatment facility, or compulsory drug rehabilitation facility during the enforcement period

1. Immediately upon the person subject to enforcement being placed in a rehabilitation school, compulsory educational facility, compulsory medical treatment facility, or compulsory drug rehabilitation facility, the People's Committee at the commune level shall issue a notification to the relevant agencies or organizations to coordinate in handling the enforcement procedures; report to the criminal enforcement agency of the public security at the district level for monitoring and notifying the same-level prosecution office.

2. In cases where the person subject to enforcement completes the decision to be placed in a rehabilitation school, compulsory educational facility, compulsory medical treatment facility, or compulsory drug rehabilitation facility but has not yet completed the sentence, immediately upon returning to their place of residence, the People's Committee at the commune level must summon the person subject to enforcement to the office to require them to continue enforcing the sentence and report to the criminal enforcement agency of the public security at the district level.

In cases where the enforcement period expires but the decision to be placed in a rehabilitation school, compulsory educational facility, compulsory medical treatment facility, or compulsory drug rehabilitation facility has not been fully executed, the People's Committee at the commune level shall issue a request to the relevant agencies and organizations to evaluate the entire process of compliance with internal regulations and rules by the person subject to enforcement during their stay in the rehabilitation school, compulsory educational facility, compulsory medical treatment facility, or compulsory drug rehabilitation facility; hand over the supervision and education file of suspended sentence beneficiaries and non-custodial corrective punishment violators, the control and education file of persons serving a controlled punishment, and the management file of persons granted suspension of execution of imprisonment, temporary suspension of execution of imprisonment, and conditional early release to the criminal enforcement agency of the public security at the district level to handle the issuance of a certificate of completion of the sentence.

Article 12. Resolution of cases involving decisions to annul judgments currently being enforced

Within seven days from the date of receipt of the decision to annul a judgment currently being enforced, the criminal enforcement agency of the public security department at the district level or the criminal enforcement agency of the military region shall notify and request the People's Committee at the commune level and military units to hand over supervision and education files for suspended sentence offenders, offenders under corrective measures without imprisonment, and offenders subject to residence prohibition; supervision and education files for offenders serving community-based correctional sentences; management files for offenders whose execution of custodial sentences has been suspended, temporarily halted, or conditionally commuted to early release, to be handed over to the criminal enforcement agency of the public security department at the district level or the criminal enforcement agency of the military region, and to carry out procedures as specified in the decision to annul the judgment.

Article 13. Implementation of certain labor tasks serving the community for offenders serving non-custodial corrective measures

1. The public security agency at the commune level shall require offenders to submit a report on their unemployment status and cooperate with relevant agencies, units, and organizations to verify and confirm the unemployment status or job loss; report to the People's Committee at the commune level to implement certain labor tasks serving the community.

2. The implementation of certain labor tasks serving the community by offenders serving non-custodial corrective measures shall be carried out in accordance with Clause 5 of Article 101 of the Criminal Enforcement Law. When there is evidence that the offender has employment or falls under the circumstances not subject to community service labor measures as stipulated in Clause 4 of Article 36 of the Penal Code, the People's Committee at the commune level shall report to the criminal enforcement agency of the public security department at the district level to issue a decision to terminate the implementation of certain labor tasks serving the community.

Article 14. Implementation of compulsory execution of custodial sentences for suspended sentences due to violation of obligations

1. The proposal to the Court to consider and decide on the compulsory execution of custodial sentences for suspended sentences due to violation of obligations shall be carried out as follows:

a) In the case of compulsory execution of custodial sentences for suspended sentences as provided in Clause 1 of Article 93 of the Criminal Enforcement Law, within three working days from the expiration of the deadline for the suspended sentence recipient to appear (the second time), the criminal enforcement agency of the public security department at the district level or the criminal enforcement agency of the military region shall issue a written request to the People's Court at the district level where the suspended sentence recipient resides or the Military Region Court where the suspended sentence recipient works to decide on the compulsory execution of custodial sentences for the suspended sentence; simultaneously send it to the competent Procuracy to perform its supervisory functions.

b) In the case of compulsory execution of custodial sentences for suspended sentences as provided in Clause 2 of Article 93 of the Criminal Enforcement Law, within five working days from the date of receipt of the report and recommendation of the People's Committee at the commune level or the military unit responsible for supervising and educating the suspended sentence recipient, the criminal enforcement agency of the public security department at the district level or the criminal enforcement agency of the military region shall propose to the competent court to decide on the compulsory execution of custodial sentences for the suspended sentence recipient, and simultaneously send it to the competent Procuracy to perform its supervisory functions;

c) The file proposing compulsory execution of custodial sentences for suspended sentences shall be implemented in accordance with Clauses 3 and 4 of Article 93 of the Criminal Enforcement Law.

2. The procedure and process for the Court to consider and decide on the compulsory execution of custodial sentences for suspended sentences shall be carried out in accordance with Clause 5 of Article 93 of the Criminal Enforcement Law, Resolution No. 02/2018/NQ-HĐTP dated May 15, 2018 of the Supreme People's Court Council guiding the application of Article 65 of the Penal Code on suspended sentences, and Resolution No. 01/2022/NQ-HĐTP dated April 15, 2022 of the Supreme People's Court Council amending and supplementing some articles of Resolution No. 02/2018/NQ-HĐTP dated May 15, 2018 of the Supreme People's Court Council guiding the application of Article 65 of the Penal Code on suspended sentences.

3. The implementation of the Court's decision on the compulsory execution of custodial sentences for suspended sentences shall be carried out in accordance with Clause 6 of Article 93 of the Criminal Enforcement Law.

Article 15. Implementation of the decision to revoke the conditional early release decision

1. The proposal to revoke the conditional early release decision shall be made as follows:

a) Within three working days from the date of recording the second violation record or receiving the second administrative penalty decision, the People's Committee of the commune, military unit shall report to the Criminal Enforcement Agency of the provincial police, the Criminal Enforcement Agency of the military region (attached with the violation records and administrative penalty decisions) to request the competent court to consider and decide.

b) Within three working days from the date of receiving the report from the People's Committee of the commune, military unit, the Criminal Enforcement Agency of the provincial police, the Criminal Enforcement Agency of the military region shall prepare a file to propose revocation of the conditional early release decision, transfer it to the court that issued the conditional early release decision for consideration and revocation of the conditional early release decision, and at the same time send one set of the file to the same-level prosecution office.

c) The file proposing the revocation of the conditional early release decision shall be implemented according to Clause 1 of Article 71 of the Criminal Enforcement Law.

2. The consideration and decision on the revocation of the conditional early release decision shall be carried out according to Clause 4 of Article 71 of the Criminal Enforcement Law.

3. The implementation of the decision to revoke the conditional early release decision shall be carried out according to Clause 2 of Article 71 of the Criminal Enforcement Law. The Criminal Enforcement Agency of the provincial police, the Criminal Enforcement Agency of the military region shall notify the same-level prosecution office to perform its supervisory functions.

Article 16. Implementation of issuance of certificate of completion of sentence execution

1. The issuance of certificates of completion of probation period, certificates of completion of suspended imprisonment, certificates of completion of residence prohibition, certificates of completion of house arrest, certificates of completion of deprivation of certain civil rights, certificates of completion of prohibition from holding positions, practicing professions, or performing specific jobs, and certificates of completion of imprisonment for persons granted conditional early release shall be carried out in accordance with the provisions of the Criminal Enforcement Law.

2. In cases where a person on probation, a person serving a suspended imprisonment sentence, or a person granted conditional early release has been criminally charged, is under investigation, prosecution, or trial, the issuance of the certificate of completion of the sentence shall be temporarily suspended until the final conclusion of the investigative agency. If the person does not commit a crime, the certificate of completion of the sentence shall be issued (the certificate must indicate the exact date of completion of the sentence).

3. In cases where the competent authorities are implementing procedures to enforce the prison sentence of the judgment that granted probation or revoked the conditional early release decision, the issuance of the certificate of completion of the sentence shall be temporarily suspended. If the court does not accept the proposal to enforce the prison sentence of the judgment that granted probation or revoked the conditional early release decision, the certificate of completion of the sentence 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 a person on probation or granted conditional early release leaves their place of residence without permission, report, and cannot be located, the issuance of the certificate of completion of the sentence shall be temporarily suspended.

If there are sufficient conditions to enforce the prison sentence of the judgment that granted probation or revoke the conditional early release decision, the competent court shall be requested to enforce the prison sentence of the judgment that granted probation or revoke the conditional early release decision. If there are insufficient conditions, the Criminal Enforcement Agency of the provincial police shall consider and issue the certificate of completion of the sentence when there is evidence that the person did not commit a new criminal act during the probation period.

5. For cases where a person on probation or granted conditional early release has already received a certificate of completion of the sentence, the Criminal Enforcement Agency of the provincial police, the Criminal Enforcement Agency of the military region shall issue a decision to revoke the previously issued certificate of completion of the sentence and send it to the agencies, organizations, and individuals who have received the certificate of completion of the sentence in the following situations:

a) A person on probation commits a new criminal act during the probation period and has a combined decision with the punishment of the new judgment, a person granted conditional early release commits a new criminal act during the probation period and has a combined decision with the unexecuted part of the previous judgment according to Article 56 of the Penal Code.

b) There is a decision to revoke the judgment or decision being enforced; there is a decision to enforce the prison sentence of the judgment that granted probation or revoked the conditional early release decision which has taken legal effect.

6. In cases where a person on probation or a person serving a suspended imprisonment sentence completes the term before the Criminal Enforcement Law No. 41/2019/QH14 dated June 14, 2019 comes into force but has not yet received the certificate and requests issuance of the certificate of completion of the sentence, the Criminal Enforcement Agency of the provincial police, the Criminal Enforcement Agency of the military region shall require the person to submit a written report on compliance with the law during the sentence; conduct verification at the places where the person resides, studies, or works during the sentence.

If the verification results confirm that the person did not violate criminal laws, the head of the Criminal Enforcement Agency of the provincial police, the Criminal Enforcement Agency of the military region shall issue the certificate of completion of the sentence (the certificate must indicate the exact date of completion of the sentence) and send it to the agencies, organizations, and individuals as prescribed by the Criminal Enforcement Law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 17. Effective Date

This Circular takes effect from March 10, 2023.

Article 18. Implementation Organization

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

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