Joint Circular No. 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC guiding the implementation of provisions on reducing the term of imprisonment for convicts

JOINT CIRCULAR

Guidelines on implementing provisions regarding reduction of time served for imprisonment sentences

for convicts

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To implement correctly and uniformly the legal provisions on reducing the time served for imprisonment sentences for convicts, the Minister of Public Security, the Minister of National Defense, the President of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy issue these Joint Circulars to guide the implementation of provisions on reducing the time served for imprisonment sentences for convicts as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Joint Circulars provide specific guidance on the subjects, principles, timing, conditions, extent of reduction, file, procedures, and execution of decisions to reduce the time served for imprisonment sentences for convicts.

Article 2. Applicability

These Joint Circulars apply to convicts currently serving imprisonment sentences in prisons, temporary detention centers, criminal enforcement agencies under the provincial public security organs, and other agencies, organizations, and individuals related to the reduction of time served for imprisonment sentences for convicts.

Article 3. Principles of reducing the time served for imprisonment sentences

1. Compliance with legal regulations; ensuring socialist humanitarianism, objectivity, fairness, and having an encouraging effect on convicts to strive for progressive reform.

2. Must be based on the results of classification of compliance with the imprisonment sentence, the nature and degree of the crime, age, and other personal characteristics of the convict. Convicts who commit their first offense, reform well, and redeem their crimes through meritorious acts shall be considered for higher levels of reduction than other convicts. Convicts sentenced to death who have been commuted to life imprisonment, those with multiple prior convictions, bad personal records, being ruffians, hooligans, or dangerous recidivists must undergo longer probation periods and their reductions must be carefully reviewed at lower levels compared to other convicts.

3. Criminal enforcement agencies under provincial public security organs, criminal enforcement agencies under military regions, prison directors, and temporary detention center directors under the Ministry of Public Security and the Ministry of National Defense may only propose reductions in the time served for imprisonment sentences according to the list and extent of reduction approved by the Appraisal Board of the criminal enforcement agency under the provincial public security organ, military region, or the head of the criminal enforcement management agency under the Ministry of Public Security and the Ministry of National Defense.

Article 4. Definitions

In this Circular, the following terms shall be understood as follows:

1. Special cases include situations where convicts have performed meritorious deeds, are excessively elderly, or suffer from serious illnesses.

2. Seriously ill person include actions that assist prisons, temporary detention centers, criminal enforcement agencies under the provincial public security organs, or state authorities with the authority to discover, arrest, investigate, and prosecute crimes; saving another person's life in a perilous situation or rescuing property valued at 30,000,000 VND (thirty million dong or more) belonging to the state, collective entities, or citizens during natural disasters or fires; making significant inventions or innovations, or achieving particularly outstanding achievements recognized by prisons, temporary detention centers, criminal enforcement agencies under the provincial public security organs, or state authorities with the authority to confirm such achievements.

3. Excessively elderly refers to persons aged 70 years or older, or aged 60 years or older but frequently ill, requiring prolonged hospitalization (for three months or more) and unable to serve themselves.

4. Suffering from serious illness refers to persons suffering from one of the following diseases: terminal cancer, paralysis, drug-resistant tuberculosis, cirrhosis with ascites, heart failure stage III or higher, kidney failure stage IV or higher, HIV infection progressing to AIDS with opportunistic infections, unable to serve themselves and with a poor prognosis, high risk of death, or other diseases determined by the Medical Appraisal Board, provincial hospitals, or military region hospitals to be serious illnesses threatening life.

Article 5. Time for considering reduction of the term of imprisonment

1. The consideration of reducing the term of imprisonment shall be carried out three times annually on the following occasions: Reunification Day (April 30), National Day (September 2), and Tet (Lunar New Year). For detention centers under the Ministry of Defense, the consideration of reducing the term of imprisonment shall be conducted on the occasion of the Army Day (December 22) instead of Tet.

2. In cases where a prisoner has already been granted a reduction in the term of imprisonment and has performed meritorious acts or contracted a serious illness during the year, the request for reducing the term of imprisonment shall not depend on the time points specified in Clause 1 of this Article.

Chapter II

CONDITIONS AND LEVELS OF REDUCTION IN THE TERM OF IMPRISONMENT

Article 6. Conditions for being considered for reduction of the term of imprisonment

1. A prisoner who meets all of the following conditions may be proposed for reduction of the term of imprisonment:

a) Has served at least one-third of the term for a sentence of up to thirty years or twelve years for life imprisonment;

b) Demonstrates significant progress in complying with the regulations of the detention center, temporary detention facility, or holding house; actively engages in study and labor reform, and must have been rated as satisfactory or better for a sufficient number of periods, specifically as follows:

- Prisoners sentenced to life imprisonment must have been continuously rated as satisfactory or better for at least four consecutive years immediately preceding the time of consideration for reduction. In cases where a death sentence was commuted to life imprisonment by the President of the State, they must have been continuously rated as satisfactory or better for at least five consecutive years immediately preceding the time of consideration for reduction;

- Prisoners sentenced to more than twenty but less than thirty years must have been continuously rated as satisfactory or better for at least three and a half consecutive years immediately preceding the time of consideration for reduction;

- Prisoners sentenced to more than fifteen but less than twenty years must have been continuously rated as satisfactory or better for at least three consecutive years immediately preceding the time of consideration for reduction;

- Prisoners sentenced to more than ten but less than fifteen years must have been continuously rated as satisfactory or better for at least two consecutive years or eight quarters immediately preceding the time of consideration for reduction;

- Prisoners sentenced to more than five but less than ten years must have been continuously rated as satisfactory or better for at least one year or four quarters immediately preceding the time of consideration for reduction;

- Prisoners sentenced to more than three but less than five years must have been continuously rated as satisfactory or better for at least six months or two quarters immediately preceding the time of consideration for reduction;

- Prisoners sentenced to three years or less must have been rated as satisfactory or better for at least one quarter immediately preceding the time of consideration for reduction.

2. In special cases or for juvenile offenders, if they lack the first year of satisfactory ratings immediately preceding the time of consideration for reduction (for prisoners sentenced to more than fifteen years), the first six-month period of satisfactory ratings (for prisoners sentenced to more than five but less than fifteen years), the first quarter of satisfactory ratings (for prisoners sentenced to more than three but less than five years), or have not yet received a rating (for prisoners sentenced to three years or less), but their time in custody, detention, or detention center is assessed as strictly adhering to the regulations of the detention center, temporary detention facility, or holding house, and meet other conditions, they may still be proposed for reduction of the term of imprisonment.

3. Prisoners who meet the conditions stipulated in point a of Clause 1 of this Article, those in special cases, or juvenile offenders who have the same or more periods of satisfactory ratings as stipulated in point b of Clause 1 or Clause 2 of this Article, but not consecutively, may still be considered for proposal of reduction of the term of imprisonment if they have at least two consecutive six-month periods immediately preceding the time of consideration for reduction rated as satisfactory or better (for prisoners sentenced to over ten years) or two consecutive quarters rated as satisfactory or better (for prisoners sentenced to ten years or less).

4. Prisoners with prior convictions must have a longer probationary period and more periods of satisfactory ratings compared to those without prior convictions, with each prior conviction corresponding to one six-month period of satisfactory ratings. For prisoners sentenced to three years or less, each prior conviction corresponds to one quarter of satisfactory ratings.

5. Prisoners who have already had their term of imprisonment reduced must be continuously rated as satisfactory or better to be considered for further reduction of the term of imprisonment in the next period. If they do not meet the conditions for reduction in the next period, they may be considered for reduction when they have been rated as satisfactory or better for at least four quarters immediately preceding the time of consideration for reduction (of which at least two quarters must be consecutive).

6. Prisoners who have already had their term of imprisonment reduced and violated the regulations of the detention center, temporary detention facility, or holding house and were disciplined, after being recognized by the Warden of the detention center, temporary detention facility, or Head of the Criminal Enforcement Agency of the county-level police as having made progress and having been rated as satisfactory or better for at least four consecutive quarters (for prisoners disciplined twice within a rating period or warned) or five consecutive quarters (for prisoners detained in disciplinary cells) may be considered for further reduction of the term of imprisonment.

7. Prisoners who have already had their term of imprisonment reduced and commit a new serious, very serious, or extremely serious crime must serve at least two-thirds of the total sentence or twenty years if it is life imprisonment and must meet the conditions stipulated in point b of Clause 1 of this Article to be considered for reduction of the term of imprisonment.

8. A person who is temporarily suspended from serving a prison sentence or a person to whom compulsory medical treatment measures are being applied shall retain the results of serving the prison sentence and such time shall be counted continuously with the period following their return to the detention center, temporary detention center, or criminal enforcement agency of the county-level public security organ to continue serving the sentence. When these individuals return to the detention center, temporary detention center, or criminal enforcement agency of the county-level public security organ to continue serving the sentence, if they meet the conditions stipulated above in this Article and during the period of suspension or compulsory medical treatment strictly comply with the laws, and are confirmed by the local authority where the suspended prisoner resides or the healthcare facility treating the individual subject to compulsory medical treatment, then they may be considered for and proposed to reduce the term of imprisonment.

Article 7. Reduction of the term of imprisonment

1. Prisoners sentenced to life imprisonment, upon their first reduction, may be reduced to thirty years.

2. Prisoners sentenced to less than thirty years may be reduced by one month to three years each time. The reduction of three years must be for prisoners who strictly comply with the Detention Center Regulations, Temporary Detention Center Regulations, and Detention House Regulations, and have performed meritorious acts or shown outstanding achievements in labor or educational reform.

3. Each year, a prisoner may only be considered for a reduction of the term of imprisonment once, with at least one year between two consecutive reductions. If a prisoner has already been reduced and the remaining term of imprisonment is less than one year, the following year may propose an early reduction, but still ensuring that only one reduction is considered each year.

In cases where, after having been reduced, there are special reasons for leniency such as performing meritorious acts or suffering from serious illness, further reductions may be considered, but not more than twice in one year.

4. Each prisoner may be reduced multiple times, but it must ensure that the actual time served is at least half the duration of the fixed-term imprisonment sentence declared or twenty years for life imprisonment.

Article 8. Reduction of the term of imprisonment in special cases

1. A prisoner who has served at least one quarter of the declared punishment for a sentence of thirty years or less, or ten years for life imprisonment, and meets the conditions for classification of serving the sentence as stipulated in Clauses 2, 3, and 4 of Article 6 of this Circular, may be considered and proposed for a reduction of the term of imprisonment if they fall under any of the following circumstances:

a) The prisoner has performed a meritorious act. For each meritorious act, the prisoner may only be considered and proposed for a reduction once;

b) The prisoner is excessively old and frail;

c) The prisoner suffers from a serious illness.

2. The maximum reduction for each case specified in Clause 1 of this Article is four years, but it must ensure that the actual time served is at least two-fifths of the declared punishment or fifteen years for life imprisonment.

3. In special cases, when there is a proposal from the Minister of Public Security or the Minister of National Defense and with the agreement of the President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuracy, a prisoner may be considered for an earlier reduction or a higher reduction than stipulated in Clauses 1 and 2 of this Article.

Article 9. Reduction of the term of imprisonment for juvenile offenders

1. If a convict who is a juvenile offender has served at least one quarter of the sentence imposed and meets the conditions stipulated in Clauses 2, 3, and 4 of Article 6 of this Joint Circular, they may be eligible for a reduction in the term of imprisonment.

2. A convict who is a juvenile offender who has performed meritorious acts or suffers from a serious illness may be considered for immediate reduction without needing to have served at least one quarter of the sentence imposed.

3. The maximum amount of reduction each time for a convict who is a juvenile offender is four years, but it must ensure that the actual time served is at least two fifths of the sentence imposed.

4. If a convict who is a juvenile offender performs meritorious acts or suffers from a serious illness, and after being considered for reduction, the remaining term of imprisonment does not exceed one year, they may be exempted from serving the remaining part of the sentence.

Chapter III

PROCEDURES, FORMS, AND FILES FOR PETITIONING TO REDUCE THE TERM OF IMPRISONMENTENFORCEMENT OF IMPRISONMENT SENTENCES

Article 10. Board for considering and proposing reduction of the term of imprisonment

1. Prisons under the Ministry of Public Security shall establish a Board for considering and proposing reduction of the term of imprisonment, chaired by the Warden, with the Deputy Warden responsible for educational work as Vice Chairman, the file officer as permanent member, the Education Team Leader and the file officer as Secretary, and other members including: Deputy Wardens; Section Leaders; Team Leaders of the Planning, Vocational Guidance, Training, Construction, Logistics, Finance, Health, and Environmental Protection Teams.

Prisons having two or more sections shall establish a Sub-board for considering and proposing reduction of the term of imprisonment within each section, chaired by the Deputy Warden responsible for the section, with the section’s education officer as Secretary, and other members including: the section leader, the section’s management team leader, the section’s investigation officer, health officer, and the section’s security platoon leader.

2. Temporary detention centers under the Ministry of Public Security and those under provincial public security organs shall establish a Board for considering and proposing reduction of the term of imprisonment, chaired by the Warden, with the Deputy Warden responsible for prisoner management as Permanent Member, the Prisoner Management Section Leader, the Correctional Team Leader, the Security Platoon Leader, the section’s investigation, education, and health officers as Members, and the Planning Team Leader as Secretary.

3. Public security organs at district level shall establish a Board for considering and proposing reduction of the term of imprisonment, chaired by the head of the criminal enforcement agency of the public security organ at district level, with the Criminal Enforcement and Judicial Assistance Team Leader as Permanent Member, correctional officers and health officers as Members, and the agency's general affairs officer as Secretary.

4. Prisons and temporary detention centers under the Ministry of National Defense or military regions shall establish a Board for considering and proposing reduction of the term of imprisonment, chaired by the Warden, with the Deputy Warden as Permanent Member, the Detention Assistant as Secretary, and other members including: Political Commissar, Correctional Team Leader, Guard Team Leader, Medical Officer, and Clerk.

Article 11. Board for Reviewing Applications to Reduce the Term of Imprisonment

1. The head of the Criminal Enforcement Management Agency under the Ministry of Public Security shall establish a Board for Reviewing Applications to Reduce the Term of Imprisonment for prisoners in detention centers and temporary detention centers under the Ministry of Public Security. The Board's composition includes: the Director of the Correctional Education and Community Reintegration Department as Chairman, an Assistant Director of the Correctional Education and Community Reintegration Department responsible for reviewing applications to reduce the term of imprisonment as a permanent member, the Head of the Parole, Sentence Reduction, and Suspension of Execution of Sentences Department within the Correctional Education and Community Reintegration Department as Secretary, and an Assistant Head of the Parole, Sentence Reduction, and Suspension of Execution of Sentences Department within the Correctional Education and Community Reintegration Department, and a representative from the Prisoner Management Department and a detention officer as members.

2. The head of the Criminal Enforcement Agency under the provincial public security organ shall establish and chair the Board for Reviewing Applications to Reduce the Term of Imprisonment for prisoners in provincial temporary detention centers and criminal enforcement agencies under county-level public security organs. The Board's members include: the Head of the Criminal Enforcement and Legal Assistance Department as a permanent member, an Assistant Head of the Criminal Enforcement and Legal Assistance Department responsible for criminal enforcement work as Secretary, and other members being representatives from the Provincial Public Security Office, the Investigation Police Department, and the Security Investigation Department.

3. The head of the Criminal Enforcement Management Agency under the Ministry of National Defense shall establish and chair the Board for Reviewing Applications to Reduce the Term of Imprisonment for prisoners in detention centers and temporary detention centers under the Ministry of National Defense.

The head of the Criminal Enforcement Agency under the military region shall establish and chair the Board for Reviewing Applications to Reduce the Term of Imprisonment for prisoners in detention centers and temporary detention centers under the military region.

Article 12. Preparation of Applications to Reduce the Term of Imprisonment

1. At least twenty days before the review period specified in Clause 1, Article 5 of this Circular, prisons, temporary detention centers, and criminal enforcement agencies under county-level public security organs shall arrange for wardens to organize meetings with prisoner teams to assess, introduce, and propose reductions in the term of imprisonment for those who meet the conditions, and vote by raising hands. The meeting must be recorded in a minutes document, signed by the warden and the prisoner who records the minutes.

Based on the results of the prisoner team meeting, the warden will prepare a list and propose reduction levels for each prisoner to report to the Sub-Committee of the prison section (for prisons that have established Sub-Committees) or to the Board for Reviewing and Proposing Reductions in the Term of Imprisonment of the prison, temporary detention center, or criminal enforcement agency under the county-level public security organ.

In cases where the criminal enforcement agency under the county-level public security organ has few prisoners, the warden does not organize a meeting but instead reviews and prepares a list of prisoners who meet the conditions for reducing the term of imprisonment, reporting to the Board for Reviewing and Proposing Reductions in the Term of Imprisonment of the criminal enforcement agency under the county-level public security organ.

2. The Board for Reviewing and Proposing Reductions in the Term of Imprisonment of the prison, temporary detention center, or criminal enforcement agency under the county-level public security organ shall convene to hear reports on the results of the review and proposal for reductions in the term of imprisonment from the Sub-Committees (for prisons that have established Sub-Committees) or from the warden responsible for the prisoner team, and then review and propose reductions for each prisoner, subsequently completing the application file and list, which shall be signed by the Chairman of the Board.

3. Prisons and temporary detention centers under the Ministry of Public Security and the Ministry of National Defense, temporary detention centers under provincial public security organs, and temporary detention centers under military regions, and criminal enforcement agencies under county-level public security organs shall transfer the application files and lists for reviewing reductions in the term of imprisonment to the competent Review Board for review.

4. The application for reducing the term of imprisonment shall be implemented according to the provisions of Clause 2, Article 33 of the Criminal Enforcement Law.

Article 13. Examination of Files and Lists for Consideration of Reduction in Duration of Imprisonment Sentence Execution

1. Prisons under the Ministry of Public Security shall transfer files and lists proposing consideration of reduction in duration of imprisonment sentence execution for prisoners to the Examination Board of the Criminal Enforcement Management Agency under the Ministry of Public Security for examination. Temporary detention centers under the Ministry of Public Security shall transfer files and lists to the head of the directly managing unit for review, then transfer them to the Examination Board of the Criminal Enforcement Management Agency under the Ministry of Public Security for examination.

The Examination Board shall convene meetings to examine files and lists proposing reduction in duration of imprisonment sentence execution transferred from prisons and temporary detention centers. In cases where the person proposed for reduction in duration of imprisonment sentence execution is a prisoner convicted of offenses endangering national security, the Examination Board must invite representatives of the Investigation Security Agency of the Ministry of Public Security to attend the meeting or send a document requesting their opinion before the Board convenes. After examining the files and lists proposing reduction in duration of imprisonment sentence execution from prisons and temporary detention centers, the Board shall compile the results and report to the head of the Criminal Enforcement Management Agency under the Ministry of Public Security for approval.

Based on the examination results approved by the head of the Criminal Enforcement Management Agency under the Ministry of Public Security, the warden of prisons and temporary detention centers under the Ministry of Public Security shall complete the files and lists, prepare a document to request the provincial People's Court where the prisoner is serving the sentence to consider and decide, while sending a set of files and lists to the provincial People's Procuracy at the same level as the Court to perform its supervisory function according to the law.

2. The warden of temporary detention centers under the provincial Public Security and the head of the criminal enforcement agency under the county Public Security shall transfer files and lists proposing consideration of reduction in duration of imprisonment sentence execution for prisoners to the Examination Board of the criminal enforcement agency under the provincial Public Security for examination. Based on the Examination Board's examination results, the Criminal Enforcement and Judicial Assistance Police Department under the provincial Public Security shall cooperate with the temporary detention center and the criminal enforcement agency under the county Public Security to complete the files and lists proposing reduction in duration of imprisonment sentence execution, submit them to the head of the criminal enforcement agency under the provincial Public Security for a document requesting the provincial People's Court to consider and decide on reducing the duration of imprisonment sentence execution for prisoners, while transferring them to the provincial People's Procuracy for performance of its supervisory function according to the law.

3. Prisons and temporary detention centers under the Ministry of National Defense shall transfer files and lists proposing reduction in duration of imprisonment sentence execution for prisoners to the Examination Board of the Criminal Enforcement Management Agency under the Ministry of National Defense for examination. The Examination Board shall examine the files and lists proposing reduction in duration of imprisonment sentence execution transferred from prisons and temporary detention centers, compile the results, and report to the head of the Criminal Enforcement Management Agency under the Ministry of National Defense for approval.

Based on the examination results approved by the head of the Criminal Enforcement Management Agency under the Ministry of National Defense, the warden of prisons and temporary detention centers under the Ministry of National Defense shall complete the files and lists, prepare a document requesting the Military Court of the Military Region where the prison or temporary detention center is located to consider and decide; simultaneously, send a set of files and lists to the Military Procuracy at the same level as the Court to perform its supervisory function according to the law.

4. Prisons under the Military Region shall transfer files and lists proposing consideration of reduction in duration of imprisonment sentence execution for prisoners to the Examination Board of the Military Region for examination. Based on the examination and inspection results of the Board, the warden of the prison under the Military Region shall prepare a document requesting the Military Court of the Military Region to consider and decide, while sending a set of files and lists to the Military Procuracy at the same level as the Court to perform its supervisory function according to the law.

5. Temporary detention centers under the Military Region shall transfer files and lists proposing consideration of reduction in duration of imprisonment sentence execution for prisoners to the Examination Board of the Military Region for examination. Based on the examination and inspection results of the Board, the criminal enforcement agency under the Military Region shall cooperate with the temporary detention center to complete the files and lists, prepare a document requesting the Military Court of the Military Region to consider and decide; simultaneously, send a set of files and lists to the Military Procuracy at the same level as the Court to perform its supervisory function according to the law.

Article 14. Handling cases where prisoners have been proposed for reduction of the term of imprisonment but violate the Prison Regulations, temporary detention center regulations, or pre-trial detention facility regulations, or commit acts violating the law before the court's decision to reduce the term of imprisonment is issued.

In cases where prisoners have been proposed for reduction of the term of imprisonment but violate the Prison Regulations, temporary detention center regulations, or pre-trial detention facility regulations, or commit acts violating the law before the court's decision to reduce the term of imprisonment is issued, the Warden of the prison, temporary detention center, or Head of the criminal enforcement agency at the district level must promptly report to the Head of the agency specified in Article 13 of this Joint Circular, the competent court for considering reduction, and the same-level People's Procuracy to remove such prisoners from the list for consideration of reduction of the term of imprisonment.

Chapter IV

REDUCTION AND ENFORCEMENT OF DECISIONS ON REDUCTION OF THE TERM OF IMPRISONMENTENFORCEMENT OF IMPRISONMENT SENTENCES

Article 15. Considering reduction of the term of imprisonment

1. The provincial People's Court or Military Region Military Court shall convene a panel consisting of three judges, with the participation of a Procurator of the same level, to consider reduction of the term of imprisonment.

The panel may convene at the courthouse or at the prison or temporary detention center where the prisoner is serving the sentence.

2. The process of considering reduction of the term of imprisonment shall be conducted as follows:

- A member of the panel presents the file proposing reduction of the term of imprisonment submitted by the prison or temporary detention center under the Ministry of Public Security or the Ministry of National Defense, or the criminal enforcement agency of the provincial public security service or military region.

- The representative of the Procuracy expresses opinions.

- The panel discusses and decides.

3. Based on reviewing the file and the opinions of the Procuracy, the panel decides:

a) Not accepting the proposal to reduce the term of imprisonment.

b) To accept the entire or part of the proposal to reduce the term of imprisonment.

The panel shall not decide on a reduction higher than that proposed by the prison or temporary detention center under the Ministry of Public Security or the Ministry of National Defense, or the military region prison, or the criminal enforcement agency of the provincial public security service or military region.

c) For prisoners proposed for reduction, if the remaining term of imprisonment is no more than one month on the day the panel convenes to consider reduction, the panel may decide to reduce the entire remaining term of imprisonment.

Article 16. Objection and appeal against the court's decision on reduction of the term of imprisonment

The court's decision on reduction of the term of imprisonment may be objected to by the same-level Procuracy or the directly superior Procuracy through appellate procedures. The time limit for objection by the same-level Procuracy is seven days, and by the directly superior Procuracy is fifteen days, counted from the date the court issues the decision. Appeals against the court's decision on reduction of the term of imprisonment shall be carried out in accordance with Article 253 of the Criminal Procedure Code.

Article 17. Enforcement of the court's decision on reduction of the term of imprisonment

1. The court's decision on reduction of the term of imprisonment takes effect upon expiration of the time limit for objection through appellate procedures; in cases where the reduced period equals the remaining term of imprisonment, the court's decision takes immediate effect.

2. The prison, temporary detention center, or criminal enforcement agency of the district-level public security service must organize the public announcement of the court's decision on reduction of the term of imprisonment to all prisoners serving sentences in the prison, temporary detention center, or pre-trial detention facility, and carry out the necessary procedures to deduct the term of imprisonment for the prisoner and retain the prisoner's file.

3. After announcing the decision to reduce the term of imprisonment to the prisoner, the Warden of the prison or temporary detention center under the Ministry of Public Security or the Ministry of National Defense, or the criminal enforcement agency of the provincial public security service or military region must compile the situation and specific results and report to the criminal enforcement management agency of the Ministry of Public Security or the Ministry of National Defense for monitoring and guidance.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Joint Circular takes effect from July 1, 2013.

Previous documents of the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy guiding the implementation of provisions on reduction of the term of imprisonment that conflict with this Joint Circular are abolished.

Article 19. Responsibility for Implementation

1. Agencies, organizations, and individuals responsible within the Ministry of Public Security, the Ministry of National Defense, the People's Courts, Military Courts, the People's Procuracies, and Military Procuracies are responsible for implementing this Joint Circular.

2. During the implementation of this Joint Circular, if there are difficulties, agencies and units 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.