Joint Circular No. 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP detailing the coordination relations in implementing the procedures and formalities for temporarily suspending and reducing the term of imprisonment execution.

JOINT CIRCULAR

Regulations on the relationship of coordination in the implementation of procedures and formalities for temporary suspensionand reduction of the term of imprisonment

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 Enacting Regulatory Legal Documents dated June 22, 2015; Law amending and supplementing certain articles of the Law on Legislative Acts of Regulatory Legal Documents dated June 18, 2020;

The Chief Justice of the Supreme People's Court and The Prosecutor General of the Supreme People's Procuracy, supremeThe Minister of Public Security, The Minister of National Defense hereby jointly issue regulations on the relationship of coordination in the implementation of procedures and formalities for temporary suspension and reduction of the term of imprisonment. These joint circulars regulate the relationship of coordination in implementing certain provisions of the Criminal Enforcement Law and the Criminal Procedure Code regarding files, procedures, and formalities for examination, proposal, decision, and enforcement of decisions on temporary suspension and reduction of the term of imprisonment for prisoners. 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, criminal enforcement agencies at provincial public security level, criminal enforcement agencies at military region level, detention centers, temporary detention centers, criminal enforcement agencies at district-level public security level; prisoners; persons who have been sentenced to imprisonment by the court and are currently in temporary detention centers, holding facilities, criminal enforcement agencies at district-level public security level awaiting transfer to serve their sentences (collectively referred to as persons awaiting transfer to serve their sentences), and relevant agencies, organizations, and individuals involved in the implementation of temporary suspension and reduction of the term of imprisonment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 3. Principles of coordination in the implementation of temporary suspension and reduction of the term of imprisonment

Article 2. Applicability

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

2. Ensuring socialist humanitarianism.

3. Ensuring transparency and fairness.

4. Respecting and protecting the rights and legitimate interests of prisoners.

5. Being proactive, regular, strict, timely, and creating conditions to support the effective performance of tasks.

1. Decision on Temporary Suspension of Imprisonment Execution (Form No. 01).

2. Decision on Revocation of Temporary Suspension of Imprisonment Execution Decision (Form No. 02).

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

3. Decision on Revocation of Temporary Suspension of Imprisonment Execution Decision and Application of Compulsory Medical Treatment Measures (Form No. 03).

4. Decision on Holding a Hearing to Consider Reduction of the Term of Imprisonment Execution (Form No. 04).

5. Decision on Considering Reduction of the Term of Imprisonment Execution (Form No. 05).

FILES, PROCEDURES, AND FORMALITIES FOR EXAMINATION, PROPOSAL, DECISION, AND ENFORCEMENT OF DECISIONS ON TEMPORARY SUSPENSION OF IMPRISONMENT EXECUTION

Article 5. Files for Proposing Temporary Suspension of Imprisonment Execution

Chapter II

1. The files for proposing temporary suspension of imprisonment execution include the following documents:a) Petition for Temporary Suspension of Imprisonment Execution for Prisoners from relatives of the prisoner, confirmed by the People's Committee of the commune where the prisoner resides;

b) Document proposing temporary suspension of imprisonment execution from the Warden of the prison or temporary detention center under the Ministry of Public Security or Ministry of National Defense, Head of the criminal enforcement agency at the provincial public security level or military region level; Provincial People's Procuracy, Military Region People's Procuracy (in cases proposed by the Procuracy);

c) Copy of the judgment, decision, or copy of the extract of the effective criminal judgment;

d) Copy of the Decision on Execution of Imprisonment Sentence;

đ) For female prisoners who are pregnant or nursing children under 36 months old, there must be a conclusion from a county-level hospital or higher regarding the pregnancy status of the prisoner or a copy of the child's birth certificate or birth certificate, confirmed by the Warden of the prison or temporary detention center, Head of the criminal enforcement agency at the district-level public security level where the prisoner is serving the sentence regarding the fact that they are nursing a child under 36 months old in the prison, temporary detention center, or holding facility;

e) For prisoners suffering from serious illness, there must be a conclusion from the Medical Appraisal Board or a copy of the medical record or conclusion from a provincial-level or military region-level hospital regarding their health condition. Specifically, for prisoners infected with HIV who have progressed to clinical stage IV, there must be an HIV test result according to the Ministry of Health's regulations and a copy of the medical record or conclusion from a competent health authority confirming the progression to clinical stage IV, current opportunistic infection, inability to self-care, and poor prognosis;

g) For prisoners proposed for temporary suspension of imprisonment execution due to being the sole breadwinner in the family, there must be a report confirmed by the People's Committee of the commune where the prisoner resides regarding the fact that the prisoner is the sole breadwinner in the family, and if they continue to serve their sentence, the family will face particularly difficult circumstances;

h) For prisoners proposed for temporary suspension of imprisonment execution due to work requirements, there must be a document requesting this from the relevant agency, organization, local government, or military unit related to the performance of such work;

i) Other related documents (if any).

2. The files for proposing temporary suspension of imprisonment execution must be numbered and kept in the file of the person temporarily suspended from serving their sentence managed by the Court.

h) For prisoners proposed to be temporarily suspended from serving their prison sentences due to the need for public service, there must be a written request from the relevant agency, organization, local authority, or military unit involved in performing such public service;

i) Other related documents (if any).

2. The file proposing temporary suspension from serving a prison sentence must be paginated and kept in the Enforcement File of the person temporarily suspended from serving the prison sentence, managed by the Court.

Article 6. Request for Temporary Suspension of Execution of Criminal Sentences

The competent authority prescribed in Clause 1 of Article 36 of the Criminal Enforcement Law when requesting temporary suspension of execution of criminal sentences for prisoners must prepare a written document. The document must include the following contents:

1. Date of preparation of the document;

2. Name of the proposing agency;

3. Name of the court receiving the document;

4. Full name, date of birth, place of residence, and workplace of the prisoner;

5. Number, date, and year of the judgment or decision with legal effect of the court; number, date, and year of the decision on enforcement of the criminal sentence; time the prisoner has served the criminal sentence;

6. Reasons for requesting temporary suspension of execution of the criminal sentence;

7. List of accompanying documents with the request;

8. At the end of the request document, it must be signed by the authorized representative of the agency and stamped by that agency.

Article 7. Examination and Proposal Council for Temporary Suspension of Execution of Criminal Sentences

1. The Ministry of Public Security shall prescribe the establishment and composition of the Examination and Proposal Council for Temporary Suspension of Execution of Criminal Sentences of prisons and detention centers under the Ministry of Public Security, provincial-level police detention centers; the composition of the meeting to examine and propose temporary suspension of execution of criminal sentences of the criminal enforcement agencies of the provincial-level public security organs.

2. The Ministry of National Defense shall prescribe the establishment and composition of the Examination and Proposal Council for Temporary Suspension of Execution of Criminal Sentences of prisons and detention centers under the Ministry of National Defense, criminal enforcement agencies at military regions.

Article 8. Procedure and Formalities for Establishing and Reviewing the Request for Temporary Suspension of Execution of Criminal Sentences

1. The Examination and Proposal Council for Temporary Suspension of Execution of Criminal Sentences of prisons and detention centers under the Ministry of Public Security shall establish a request file for temporary suspension of execution of criminal sentences for prisoners serving their sentences in those prisons and detention centers and transfer it to the Prison Management Police Bureau, Compulsory Educational Facilities, and Rehabilitation Schools of the Ministry of Public Security for review and verification.

2. The Examination and Proposal Council for Temporary Suspension of Execution of Criminal Sentences of prisons and detention centers under the Ministry of National Defense shall establish a request file for temporary suspension of execution of criminal sentences for prisoners serving their sentences in those prisons and detention centers and transfer it to the criminal enforcement management agency under the Ministry of National Defense for review and verification.

3. The Examination and Proposal Council for Temporary Suspension of Execution of Criminal Sentences of provincial-level police detention centers and criminal enforcement agencies of county-level public security organs shall establish a request file for temporary suspension of execution of criminal sentences for prisoners serving their sentences in those provincial-level police detention centers and county-level public security criminal enforcement agencies and report to the provincial-level public security criminal enforcement agency for review and verification.

4. The Examination and Proposal Council for Temporary Suspension of Execution of Criminal Sentences of military region prisons and detention centers shall establish a request file for temporary suspension of execution of criminal sentences for prisoners serving their sentences in those military region prisons and detention centers and transfer it to the criminal enforcement agency at the military region for review and verification.

5. Within two working days from the date of receipt of the request file for temporary suspension of execution of criminal sentences, the competent authority reviewing the request file for temporary suspension of execution of criminal sentences must examine and verify the file and issue a written response to the agency that established the request file. If the request file for temporary suspension of execution of criminal sentences lacks supporting documents, the reviewing agency will require the establishing agency to supplement or clarify additional information. The two-day period for examination and verification will be recalculated from the date the reviewing agency receives supplementary documents or written explanations regarding issues requiring clarification.

Within two working days from the date of receipt of the agreement of the reviewing agency, the prisons and detention centers under the Ministry of Public Security, Ministry of National Defense, and military region prisons shall prepare a written request for the competent court to consider and decide on temporary suspension of execution of criminal sentences. For the request file for temporary suspension of execution of criminal sentences for prisoners serving their sentences in provincial-level police detention centers, county-level public security criminal enforcement agencies, and military region detention centers, after review and agreement, the provincial-level public security criminal enforcement agency and the criminal enforcement agency at the military region shall prepare a written request for the provincial people's court or military region court where the prisoner is serving the sentence to consider and decide on temporary suspension of execution of criminal sentences.

6. For prisoners sentenced to less than fifteen years who are in the clinical stage IV of HIV infection and have opportunistic infections and are unable to self-care, with poor prognosis and high risk of death, the competent authority requesting temporary suspension of execution of criminal sentences prescribed in point a, b of Clause 1 of Article 36 of the Criminal Enforcement Law shall establish a request file for temporary suspension of execution of criminal sentences and submit it to the Chief Justice of the competent court for consideration and decision without needing to review the request file as in other cases.

Along with submitting the request file for temporary suspension of execution of criminal sentences for prisoners prescribed in this clause to the competent court, a copy of the file must also be sent to the same-level People's Procuracy.

7. For prisoners falling under one of the cases prescribed in point a, b of Clause 1 of Article 67 of the Penal Code, if they are convicted of less serious, serious, or very serious offenses against national security, there must be a written approval from the Minister of Public Security or the Minister of National Defense.

For prisoners falling under one of the cases prescribed in point a, b of Clause 1 of Article 67 of the Penal Code, if they are convicted of extremely serious offenses against national security or are sentenced to life imprisonment without having been reduced to a fixed-term imprisonment, there must be a written proposal from the Minister of Public Security or the Minister of National Defense and a written approval from the Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy.

8. Through the supervision of enforcement of judgments, if it is found that a prisoner meets the conditions for temporarily suspending the execution of a prison sentence, the Prosecutor's Office may itself or issue a written request to the Warden of the detention center, temporary detention center, Head of the Criminal Enforcement Agency of the provincial police force, or military region, to prepare a dossier requesting the temporary suspension of the execution of the prison sentence for that prisoner. In cases where the Warden of the detention center, temporary detention center, or Head of the Criminal Enforcement Agency of the provincial police force, or military region prepares a dossier requesting the temporary suspension of the execution of the prison sentence according to the request of the Prosecutor's Office, the procedures and formalities shall be carried out in accordance with the provisions of this Article.

Article 9. Procedures for receiving dossiers and considering, deciding on the temporary suspension of the execution of a prison sentence

1. Dossiers requesting the temporary suspension of the execution of a prison sentence shall be sent to the competent court through the following methods:

a) Direct handover at the court;

b) Sending to the court via postal service;

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

2. Upon receipt of the dossier requesting the temporary suspension of the execution of a prison sentence, the court must record the receipt, organize the examination and study of the dossier, and handle it as follows:

a) If the dossier requesting the temporary suspension of the execution of a prison sentence is complete in accordance with the guidelines set forth in Articles 5 and 6 of this Circular, then consider and decide on the temporary suspension of the execution of the prison sentence;

b) If the dossier requesting the temporary suspension of the execution of a prison sentence is incomplete in accordance with the provisions of Articles 5 and 6 of this Circular or unclear, the court shall notify the competent authority requesting the temporary suspension of the execution of the prison sentence to supplement materials or clarify further. In this case, the seven-day period prescribed in Clause 3, Article 36 of the Law on Execution of Criminal Judgments shall be recalculated from the date the court receives supplementary materials or a document explaining the issues that need further clarification.

3. After examining the dossier requesting the temporary suspension of the execution of a prison sentence, the Chief Judge of the court shall handle it as follows:

a) If there is insufficient basis for temporarily suspending the execution of the prison sentence, no decision on temporary suspension shall be issued, and a written response shall be provided stating the reasons. This document may be appealed or protested in accordance with the provisions of the Law on Execution of Criminal Judgments and must be sent in accordance with the provisions of Clause 3, Article 36 of the Law on Execution of Criminal Judgments;

b) If there is sufficient basis for temporarily suspending the execution of the prison sentence, a decision on the temporary suspension of the execution of the prison sentence shall be issued;

c) If the dossier requesting the temporary suspension of the execution of a prison sentence is complete but still contains unclear or unresolved issues, the Chief Judge of the court shall coordinate with the Chief Prosecutor of the same-level Prosecutor's Office to discuss and reach consensus before issuing the decision.

4. The decision on the temporary suspension of the execution of a prison sentence shall include 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 executed;

đ) Number, date, month, year of the decision to execute the prison sentence;

e) Name, date of birth, place of residence of the prisoner;

g) Reason for the temporary suspension of the execution of the prison sentence;

h) Name of the criminal enforcement agency, People's Committee of the commune, military unit responsible for managing the person temporarily suspended.

In cases where the person temporarily suspended is seriously ill and undergoing treatment at a hospital and must be cared for by relatives, the names, places of residence of the relatives and their relationship shall also be recorded.

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

In cases where the temporary suspension of the execution of the prison sentence is based on point a, Clause 1, Article 67 of the Penal Code, at the end of the decision, it shall be noted:"The decision to execute the prison sentence number... of the court... shall be enforced from the day the term of temporary suspension of the execution of the prison sentence expires or the criminal enforcement agency of the district police force, or military region receives a document from a provincial hospital, military regional hospital or above, or a conclusion from a public forensic organization or a medical evaluation council at the provincial level or above regarding the health condition of the person temporarily suspended having recovered."

In cases where the temporary suspension of the execution of the prison sentence is based on points b, c, d, Clause 1, Article 67 of the Penal Code, at the end of the decision, it shall be noted: "Upon expiration of the term of temporary suspension of the execution of the prison sentence, the decision to execute the prison sentence number, date, month, year of the court... shall be enforced in accordance with the provisions of the Law on Execution of Criminal Judgments."

5. The duration of the temporary suspension of the execution of the prison sentence shall be calculated from the date the People's Committee of the commune where the person temporarily suspended resides, or the military unit responsible for managing the person temporarily suspended receives the transfer of the person temporarily suspended.

In cases where the person temporarily suspended is seriously ill and undergoing treatment at a hospital and must be cared for by relatives, the duration of the temporary suspension of the execution of the prison sentence shall be calculated from the date the record of transferring the person temporarily suspended to his/her relatives at the hospital is established.

6. The decision on the temporary suspension of the execution of the prison sentence shall take effect immediately and may be subject to protest. The procedures and formalities for handling protests shall be carried out in accordance with Chapters XXII, XXV, and XXVI of the Criminal Procedure Code.

7. The decision on the temporary suspension of the execution of the prison sentence must be sent in accordance with the provisions of Clause 1, Article 37 of the Law on Execution of Criminal Judgments.

Article 10. Suspension of Execution of Prison Sentences for Certain Specific Cases

1. For persons awaiting transfer to serve their sentences.

Persons who have received a decision on enforcement of prison sentences from the Court and are currently held in temporary detention centers, police holding facilities, or criminal enforcement agencies at the district level, waiting to be transferred to serve their sentences (persons awaiting transfer to serve their sentences), if they meet the conditions, may be proposed for suspension of execution of prison sentences. The authority, procedures, formalities, and files for proposing suspension of execution of prison sentences shall be carried out as with prisoners currently serving sentences in temporary detention centers or criminal enforcement agencies at the district level.

2. For prisoners who are released for investigative purposes.

Prisoners released for investigative, prosecution, and trial purposes but not charged with other criminal offenses shall have the detention center, temporary detention center, or criminal enforcement agency at the district level where the prisoner was released submit a written request to the detention center, temporary detention center, or criminal enforcement agency at the district level managing the prisoner's file to consider and prepare a file proposing suspension of execution of prison sentences, if they meet the conditions, they may be suspended from serving their sentences. In cases where the detention center, temporary detention center, or criminal enforcement agency at the district level releasing the prisoner also manages the prisoner's file, the detention center, temporary detention center, or criminal enforcement agency at the district level releasing the prisoner shall propose suspension of execution of prison sentences.

Procedures, formalities, and files for proposing suspension of execution of prison sentences shall be carried out as with prisoners currently serving sentences in detention centers, temporary detention centers, or criminal enforcement agencies at the district level.

3. Suspension of Execution of Prison Sentences for Review by the Supreme Court or Reconsideration.

Immediately upon receiving the decision to temporarily suspend enforcement of the judgment or decision under appeal for review or reconsideration, the detention center, temporary detention center, or criminal enforcement agency at the district level managing the person temporarily suspended shall organize the handover of the temporarily suspended person to the People's Committee of the commune where the person resides or the military unit assigned to manage the person.

Article 11. Enforcement of Decisions to Suspend Execution of Prison Sentences, Revocation of Decisions to Suspend Execution of Prison Sentences

1. The enforcement of decisions to suspend execution of prison sentences shall be carried out in accordance with the provisions of Article 37 of the Criminal Enforcement Law.

2. The Court shall consider revoking decisions to suspend execution of prison sentences in the following cases:

a) The person temporarily suspended from serving their sentence has been diagnosed with mental illness or another disease that impairs their ability to recognize or control their behavior.

b) The person temporarily suspended from serving their sentence has been diagnosed as having recovered and has been transferred to the place of serving their sentence.

c) The person temporarily suspended from serving their sentence commits a new crime, escapes, or violates the law, causing negative impacts on national security, public order, and social safety.

d) The person temporarily suspended from serving their sentence voluntarily requests to serve their sentence before the suspension period expires.

3. The procedure for considering revocation of decisions to suspend execution of prison sentences shall be carried out as follows:

a) The Court shall consider revoking decisions to suspend execution of prison sentences within three working days from the date of receipt of notifications or requests to revoke decisions to suspend execution of prison sentences.

b) In cases where the request to revoke decisions to suspend execution of prison sentences is made according to point a and b, Clause 2 of this Article, the procedures and formalities shall be carried out in accordance with the provisions of Clause 5 of Article 37 of the Criminal Enforcement Law.

c) In cases where the request to revoke decisions to suspend execution of prison sentences is made according to point c, Clause 2 of this Article, the procedures and formalities shall be carried out in accordance with the provisions of Clause 6 of Article 37 of the Criminal Enforcement Law.

d) In cases where the person temporarily suspended from serving their sentence voluntarily requests to serve their sentence according to point d, Clause 2 of this Article, the People's Committee of the commune where the temporarily suspended person resides or the military unit assigned to manage the temporarily suspended person shall report to the criminal enforcement agency at the district level or the criminal enforcement agency at the military region to issue a written request to the Chief Justice of the Court that issued the decision to suspend execution of prison sentences to revoke the decision to suspend execution of prison sentences.

e) The procedure for considering revocation of decisions to suspend execution of prison sentences shall be carried out in accordance with the provisions of Clauses 2, 3, and 7 of Article 9 of this Circular.

4. The decision to revoke decisions to suspend execution of prison sentences shall include the following contents: Date, month, year of issuance; Issuing court; clearly stating the name, position of the issuer; number, date, month, year of the decision to suspend execution of prison sentences; clearly stating the name, year of birth, place of residence of the person temporarily suspended from serving their sentence; reasons for revoking the decision to suspend execution of prison sentences; criminal enforcement agency at the district level or criminal enforcement agency at the military region designated to enforce; 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 decisions to suspend execution of prison sentences may be appealed according to the provisions of Clause 5 of Article 167 of the Criminal Enforcement Law and shall be resolved according to the provisions of Clause 4 of Article 169 of the Criminal Enforcement Law.

In cases where decisions to suspend execution of prison sentences are revoked according to point a, Clause 2 of this Article, in addition to the content of revoking the decision to suspend execution, there must also be content regarding the application of compulsory medical treatment measures.

5. Upon receipt of the decision to revoke decisions to suspend execution of prison sentences from the Court, the criminal enforcement agency at the district level or the criminal enforcement agency at the military region shall organize the enforcement of the sentence in accordance with the provisions of Clause 4 of Article 23 of the Criminal Enforcement Law.

When receiving the decision to revoke the decision on temporarily suspending the execution of the custodial sentence and applying compulsory medical treatment measures issued by the Court, the criminal enforcement agencies of the public security department at the district level, the criminal enforcement agencies of the military region, and mental health facilities shall organize the execution according to the provisions of Articles 137 and 138 of the Criminal Enforcement Law.

Chapter III

RECORDS, PROCEDURES, AND PROCEDURAL REQUIREMENTS FOR REVIEWING, PROPOSING, DECISION MAKING, AND IMPLEMENTATION OF THE DECISION TO REDUCE THE DURATION OF CUSTODIAL SENTENCE EXECUTIONDECISION AND IMPLEMENTATION OF THE DECISION TO REDUCE THE DURATION OF CUSTODIAL SENTENCE EXECUTIONREDUCTION OF THE DURATION OF CUSTODIAL SENTENCE EXECUTION

Article 12. Time for reviewing the reduction of the duration of custodial sentence execution

1. The review of the reduction of the duration of custodial sentence execution shall be conducted three times annually, on the following occasions: National Liberation Day (April 30), National Day (September 2), and Tet (Lunar New Year). For detention centers and temporary detention centers under the Ministry of Defense, the review of the reduction of the duration of custodial sentence execution shall be conducted on the occasion of the Army Day (December 22) instead of Tet. The year for reviewing the reduction of the duration of custodial sentence execution shall be from January 1 to December 31 of that year.

2. Each prisoner may only be reviewed once each year for the reduction of the duration of custodial sentence execution as stipulated in Article 38 of the Criminal Enforcement Law. After the first review, if the prisoner meets the conditions prescribed by law in subsequent years, they will be reviewed during the same period as the initial review. In cases where the prisoner has been reduced but the remaining custodial sentence is less than one year, the next year may propose an earlier review by one period, but still ensuring that the prisoner is reviewed only once a year.

Article 13. Preparation of records and lists for proposing the reduction of the duration of custodial sentence execution

1. At least twenty days before the time for reviewing the reduction as specified in Clause 1 of Article 12 of this Circular, detention centers, temporary detention centers, and criminal enforcement agencies of the public security department at the district level shall arrange for ward officers to convene team meetings (groups) of prisoners to assess, introduce, and propose the reduction of the duration of custodial sentence execution for those who meet the conditions, and vote by raising hands. The meeting must be recorded in a minutes document, signed by the ward officer and the prisoner recording the minutes. Based on the results of the prisoner team meeting, the ward officer shall prepare a list and propose the reduction amount for each prisoner to report at the meeting for reviewing and proposing the reduction of the duration of custodial sentence execution of the sub-detention center (for detention centers with two or more sub-detention centers).

If the criminal enforcement agency of the public security department at the district level has few prisoners, the ward officer does not convene a meeting but conducts inspections, reviews, prepares a list of prisoners who meet the conditions for reviewing the reduction of the duration of custodial sentence execution, and reports at the meeting for reviewing and proposing the reduction of the duration of custodial sentence execution of the criminal enforcement agency of the public security department at the district level.

2. The Council for reviewing and proposing the reduction of the duration of custodial sentence execution of detention centers, temporary detention centers, and criminal enforcement agencies of the public security department at the district level shall convene meetings, listen to reports on the results of reviewing and proposing the reduction of the duration of custodial sentence execution of sub-detention centers (for detention centers with two or more sub-detention centers) or of ward officers responsible for teams (groups) of prisoners, and review and propose the reduction of the duration of custodial sentence execution for each prisoner, then complete the records and lists which shall be signed by the Chairman of the Council.

3. In cases where prisoners are extracted for investigation, prosecution, and trial but are not the subjects being pursued for responsibility for other criminal acts, if they meet the conditions for reviewing the reduction of the duration of custodial sentence execution, the detention centers, temporary detention centers, and criminal enforcement agencies of the public security department at the district level where the prisoners were extracted shall issue a document requesting the detention centers, temporary detention centers, and criminal enforcement agencies of the public security department at the district level managing the prisoner's file to consider and prepare the records for proposing the reduction of the duration of custodial sentence execution. In cases where the detention centers, temporary detention centers, and criminal enforcement agencies of the public security department at the district level where the prisoners were extracted also manage the prisoner's file, the detention centers, temporary detention centers, and criminal enforcement agencies of the public security department at the district level where the prisoners were extracted shall propose the reduction of the duration of custodial sentence execution.

4. Detention centers and temporary detention centers under the Ministry of Public Security, the Ministry of Defense, temporary detention centers under provincial public security departments, detention centers and temporary detention centers under military regions, and criminal enforcement agencies of the public security department at the district level shall transfer the records and lists for proposing the reduction of the duration of custodial sentence execution to the competent Review Board for review.

5. The records for proposing the reduction of the duration of custodial sentence execution shall be implemented in accordance with the provisions of Clause 2 of Article 38 of the Criminal Enforcement Law.

Article 14. The Council for Reviewing and Recommending Reduction of Prison Sentence Duration and the Council for Examining Applications for Reduction of Prison Sentence Duration

1. The Ministry of Public Security shall stipulate the establishment and composition of the Council for Reviewing and Recommending Reduction of Prison Sentence Duration at detention centers and temporary detention centers under the Ministry of Public Security and provincial-level public security agencies; the composition of the Council for Reviewing and Recommending Reduction of Prison Sentence Duration at criminal enforcement agencies of county-level public security agencies; the establishment and composition of the Council for Examining Applications for Reduction of Prison Sentence Duration at criminal enforcement agencies of provincial-level public security agencies and the Council for Examining Applications for Reduction of Prison Sentence Duration at criminal enforcement management agencies under the Ministry of Public Security.

2. The Ministry of National Defense shall stipulate the establishment and composition of the Council for Reviewing and Recommending Reduction of Prison Sentence Duration at detention centers and temporary detention centers under the Ministry of National Defense and criminal enforcement agencies at military regions; the Council for Examining Applications for Reduction of Prison Sentence Duration at criminal enforcement management agencies under the Ministry of National Defense.

Article 15. Examination of Applications for Reduction of Prison Sentence Duration

1. Detention centers under the Ministry of Public Security shall transfer files and lists of applications for reduction of prison sentence duration for inmates to the Council for Examining Applications for Reduction of Prison Sentence Duration at criminal enforcement management agencies 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 Council for Examining Applications for Reduction of Prison Sentence Duration at criminal enforcement management agencies under the Ministry of Public Security for examination.

The Council for Examining Applications shall convene meetings to examine files and lists of applications for reduction of prison sentence duration transferred from detention centers and temporary detention centers. In cases where the person proposed for reduction of prison sentence duration is an inmate convicted of offenses endangering national security, the Council for Examining Applications must invite representatives of the Investigation Agency of the Ministry of Public Security to attend the meeting or submit a document requesting their opinion before the Council convenes. After examining the files and lists of applications for reduction of prison sentence duration from detention centers and temporary detention centers, the Council 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 detention centers and temporary detention centers under the Ministry of Public Security shall complete the files and lists, prepare a document proposing the People's Court of the province where the inmate is serving the sentence to consider and decide, while sending a copy of the file and list to the People's Procuracy at the same level as the Court to perform its supervisory functions as prescribed by law.

2. The warden of temporary detention centers under provincial-level public security agencies and the head of criminal enforcement agencies of county-level public security agencies shall transfer files and lists of applications for reduction of prison sentence duration for inmates to the Council for Examining Applications for Reduction of Prison Sentence Duration at criminal enforcement agencies of provincial-level public security agencies for examination. Based on the Council's examination results, the criminal enforcement agency of the provincial-level public security agency shall cooperate with the temporary detention center and the criminal enforcement agency of the county-level public security agency to complete the files and lists of applications for reduction of prison sentence duration, prepare a document proposing the People's Court of the province where the inmate is serving the sentence to consider and decide on reducing the prison sentence duration for the inmate, and simultaneously send it to the provincial-level People's Procuracy to perform its supervisory functions as prescribed by law.

3. Detention centers and temporary detention centers under the Ministry of National Defense shall transfer files and lists of applications for reduction of prison sentence duration for inmates to the Council for Examining Applications for Reduction of Prison Sentence Duration at criminal enforcement management agencies under the Ministry of National Defense for examination. The Council for Examining Applications shall examine the files and lists of applications for reduction of prison sentence duration transferred from detention centers 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 detention centers and temporary detention centers under the Ministry of National Defense shall complete the files and lists, prepare a document proposing the Military Court of the military region where the inmate is serving the sentence to consider and decide; and simultaneously send a copy of the file and list to the competent Military Procuracy to perform its supervisory functions as prescribed by law.

4. Detention centers under military regions shall transfer files and lists of applications for reduction of prison sentence duration for inmates to the Council for Examining Applications for Reduction of Prison Sentence Duration at criminal enforcement agencies of military regions for examination. Based on the Council's examination results, the warden of the detention center under the military region shall complete the files and lists, prepare a document proposing the Military Court of the military region where the inmate is serving the sentence to consider and decide, and simultaneously send a copy of the file and list to the competent Military Procuracy to perform its supervisory functions as prescribed by law.

5. Temporary detention centers under military regions and corps shall transfer files and lists of applications for reduction of prison sentence duration for inmates to the Council for Examining Applications for Reduction of Prison Sentence Duration at military regions and corps for examination. Based on the Council's examination results, the criminal enforcement agency of the military region shall cooperate with the temporary detention center to complete the files and lists, prepare a document proposing the Military Court of the military region where the inmate is serving the sentence to consider and decide; and simultaneously send a copy of the file and list to the competent Military Procuracy to perform its supervisory functions as prescribed by law.

6. During the supervision of the preparation of applications for reduction of prison sentence duration by detention centers, temporary detention centers, criminal enforcement agencies of provincial-level and military regional public security agencies where the inmate is serving the sentence, if the Procuracy discovers any case that meets the conditions for reduction of prison sentence duration but has not been proposed by the competent authority, the Procuracy shall request such authority to propose the reduction of prison sentence duration for them.

The competent authority proposing a reduction in the term of imprisonment shall examine and supplement the file if necessary. If agreement is reached, the procedure for requesting such a reduction shall be carried out in accordance with Article 38 of the Criminal Execution Law, the guidance provided in this Joint Circular, and shall be implemented at the time of considering the reduction. If disagreement is reached, a written response must be given to the People's Procuracy that requested it, stating the reasons.

Article 16. Receiving and processing files for consideration of reducing the term of imprisonment

1. Within three days from the date of establishing the file for requesting a reduction in the term of imprisonment, the proposing agency must transfer the file to the competent court and the same-level People's Procuracy.

The submission of the file for requesting a reduction in the term of imprisonment shall be carried out in accordance with Clause 1 of Article 9 of this Joint Circular.

2. Upon receiving the file for requesting a reduction in the term of imprisonment, the court shall record the receipt of the file. The Chief Judge shall establish a Council for Considering Reduction of the Term of Imprisonment consisting of three Judges and assign one Judge to chair the session.

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

a) Issue a decision to convene a session to consider the reduction of the term of imprisonment and notify the same-level People's Procuracy in writing to send a Prosecutor to participate in the session.

b) Request the agency proposing the reduction in the term of imprisonment to supplement or clarify additional information in cases where supplementary materials or unclear materials are required. This request shall also be sent to the same-level People's Procuracy for their knowledge.

Within three days from the date of receiving the request from the court, the agency proposing the reduction in the term of imprisonment must submit supplementary materials or clarify the materials to the court and the same-level People's Procuracy.

4. The decision to convene a session must include the following contents: the date of issuance 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 residence of the offender; the execution decision on the term of imprisonment; the full name of the Judge and the Clerk of the session; the full name of the Prosecutor.

The session to consider the reduction of the term of imprisonment may be held at the court's headquarters or at the prison or detention center where the offender is serving the sentence. In cases where the session is organized at the prison or detention center, the court, the People's Procuracy, the prison or detention center, and related agencies shall cooperate to prepare a safe, effective, and economical plan for the session.

This decision must be sent to the same-level People's Procuracy at least five days before the session is convened.

Article 17. Composition and procedures for conducting the session to consider the reduction of the term of imprisonment

1. Participants in the session to consider the reduction of the term of imprisonment

a) The composition of participants shall be in accordance with Clause 3 of Article 38 of the Criminal Execution Law. In case the Prosecutor is absent, the court shall postpone the session.

b) If necessary, the court may summon the offender or their lawful representative, the expert, the interpreter, the representative of the agency proposing the reduction in the term of imprisonment, and other relevant agencies, organizations, or individuals to participate in the session; if anyone is absent, the court shall decide to postpone the session or still proceed with the session to consider the reduction of the term of imprisonment.

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

2. The session to consider the reduction of the term of imprisonment shall be conducted as follows:

a) The Clerk of the session shall report on the presence and absence of those summoned by the court and the reasons for their absence.

b) The Chairperson shall open the session, introduce the members of the Council, the participating Prosecutor, and the Clerk of the session.

c) One member of the Council shall present the file for requesting the consideration of the reduction of the term of imprisonment.

d) The Prosecutor shall present the viewpoint of the People's Procuracy regarding the proposal for the reduction of the term of imprisonment by the proposing agency and compliance with the law in the process of considering and deciding on the reduction of the term of imprisonment.

đ) The Chairperson of the session shall direct the discussion.

3. Based on the file for requesting the reduction, the opinions of the People's Procuracy, and the participants (if any), the Council for Considering the Reduction of the Term of Imprisonment shall examine and decide as follows:

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

b) Accepting the entire or part of the proposed reduction in the term of imprisonment.

In cases where, on the day of the session to consider the reduction of the term of imprisonment, the remaining term of imprisonment of the offender proposed for reduction does not exceed one month, the Council for Considering the Reduction may decide to reduce the entire remaining term of imprisonment but must ensure the actual time served according to the provisions of Article 63 of the Penal Code.

In cases where, after being accepted by the Council for Considering the Reduction of the entire proposed reduction in the term of imprisonment, the remaining term of imprisonment does not exceed one month, the Council for Considering the Reduction may decide to reduce the entire remaining term of imprisonment.

4. All developments during the session shall be recorded in the minutes and kept in the file for considering the request. The minutes of the session must have the signatures of the Chairperson of the session and the Clerk of the session.

Article 18. Decision on Reduction of Sentence Execution Period

1. The decision on reduction of sentence execution period 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) Name, date of birth, place of residence of the prisoner; the effective judgment being executed; number, day, month, year of the enforcement decision of the custodial sentence;

đ) Specific issues requiring the court to resolve;

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

g) Legal basis for resolving the proposal;

h) The court's decision;

i) Legal effect of enforcement.

2. The decision on reduction of sentence execution period shall have legal effect from the date when the time limit for appeal under appellate procedure has expired and may be subject to appeal. The procedures and formalities for handling appeals shall be carried out in accordance with the provisions of Chapters XXII, XXV, and XXVI of the Criminal Procedure Code.

In cases where the period reduced equals the remaining custodial sentence period, the decision on reduction of sentence execution period shall be enforced immediately and clearly stated in the decision.

3. The delivery of the decision on reduction of sentence execution period shall be carried out in accordance with Clause 4, Article 38 of the Law on Enforcement of Criminal Sentences.

Article 19. Procedures for Handling Cases Where Prisoners Violate Detention Facility Regulations or Commit Offenses Before the Court Decides to Reduce the Sentence Execution Period

If, before the court makes a decision to reduce the sentence execution period, a prisoner who has been proposed for consideration of sentence reduction violates detention facility regulations or commits an offense or is pursued for criminal responsibility, the warden of the prison or temporary detention center, or the head of the criminal enforcement agency of the county-level public security organ must promptly report to the Committee for Reviewing Sentence Reduction Proposals, the competent court for considering sentence reduction, and the same-level People's Procuratorate to remove that prisoner from the list of those considered for sentence reduction.

Article 20. Implementation of the Court's Decision on Reduction of Sentence Execution Period

1. In cases where the period reduced equals the remaining custodial sentence period, the court's decision on reduction of sentence execution period shall be implemented immediately.

2. The prison, temporary detention center, or criminal enforcement agency of the county-level public security organ must organize the public announcement of the court's decision on reduction of sentence execution period to all prisoners currently serving sentences at the prison, temporary detention center, or holding facility. When the decision on reduction of sentence execution period becomes legally effective, the procedures for reducing the sentence execution period for the prisoner shall be processed and recorded in the prisoner's file.

3. After announcing the decision on reduction of sentence execution period to the prisoner, the warden of the prison or temporary detention center under the Ministry of Public Security, Ministry of National Defense, or the criminal enforcement agency of the provincial-level public security organ or military region must compile and report the specific situation and results to the criminal enforcement management agency under the Ministry of Public Security or Ministry of National Defense for monitoring and guidance.

Chapter IV

IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Circular shall take effect from October 1, 2021.

2. The contents stipulated in Chapters 3 and 4 of the Joint Circular No. 03/2013/TTLT-BCA-TANDTC-VKSNDTC-BQP-BYT dated May 15, 2013, issued by the Ministry of Public Security, Supreme People's Court, Supreme People's Procuracy, Ministry of National Defense, and Ministry of Health, and the contents stipulated in Chapters 3 and 4 of the Joint Circular No. 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC dated May 15, 2013, issued by the Ministry of Public Security, Ministry of National Defense, Supreme People's Court, and Supreme People's Procuracy shall cease to be effective from the date this Joint Circular takes effect.

Article 22. 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 Joint Circular, if there are difficulties or obstacles, relevant agencies, organizations, and individuals should reflect them to the Supreme People's Court, Supreme People's Procuracy, Ministry of Public Security, and Ministry of National Defense for timely guidance.