Joint Circular No. 03/2013/TTLT-BCA-TANDTC-VKSNDTC-BQP-BYT guiding the implementation of regulations on temporarily suspending the execution of prison sentences for convicts

JOINT CIRCULAR

Guidelines for Implementing Provisions on Temporary Suspension of Prison Sentences for Convicts||| decision term of imprisonment for the convict

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To implement correctly and uniformly the provisions of the law regarding the temporary suspension of execution of prison sentences for convicts, the Ministers of Public Security, National Defense, and Health, the President of the Supreme People's Court, and the Prosecutor General issue this joint circular to guide the implementation of provisions on the temporary suspension of execution of prison sentences for convicts as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This joint circular provides specific guidance on the subjects, principles, conditions, duration, authority, procedures, and formalities for proposing and deciding on the temporary suspension of execution of prison sentences for convicts.

Article 2. Applicability

This joint circular applies to convicts currently serving prison sentences at detention centers, temporary detention centers, and criminal enforcement agencies of public security departments at district level; persons who have been sentenced to imprisonment by the court but are still awaiting transfer to serve their sentences in temporary detention centers or criminal enforcement agencies of public security departments at district level (collectively referred to as persons awaiting transfer to serve their sentences), and relevant agencies, organizations, and individuals.

Article 3. Principles for Temporary Suspension of Execution of Prison Sentences for Convicts

1. Compliance with legal regulations.

2. Ensuring objectivity, fairness, appropriate application, and alignment with the state's policy of leniency and humanity towards offenders.

Chapter II

CONDITIONS, DURATION, AUTHORITY TO PROPOSETEMPORARY SUSPENSION OF ENFORCEMENT OF IMPRISONMENT SENTENCES

Article 4. Conditions for Temporary Suspension of Execution of Prison Sentences

1. Convicts currently serving prison sentences at detention centers, temporary detention centers, and criminal enforcement agencies of public security departments at district level may be temporarily suspended from serving their prison sentences if they fall under any of the following circumstances:

a) Convicts suffering from serious illnesses to the extent that they cannot continue to serve their prison sentences and if they were to continue serving them, it would endanger their lives, thus necessitating their temporary suspension from serving their prison sentences to allow them to receive medical treatment, except those without relatives or clear residence addresses.

The convicts suffering from serious illnesses as stipulated in this clause are those diagnosed with terminal diseases such as: advanced cancer, paralysis, drug-resistant tuberculosis, cirrhosis with ascites, heart failure stage III or higher, kidney failure stage IV or higher, HIV/AIDS with opportunistic infections and poor prognosis, inability to self-care, high risk of death, or other diseases determined by the Medical Appraisal Board, provincial hospitals, or military zone hospitals to be life-threatening diseases.

b) Female convicts who are pregnant or nursing children under 36 months old in detention centers, temporary detention centers, or criminal enforcement agencies of public security departments at district level, provided they are first-time offenders and have clear residence addresses.

c) Convicts who are the sole breadwinners in their families, if continuing to serve their prison sentences would cause extraordinary difficulties for their families (no other source of income, no one to care for or support elderly family members, children, or other family members unable to work), except in cases where they have been convicted of offenses endangering national security or other very serious or extremely serious offenses.

d) Convicts convicted of less serious offenses and whose presence is required for the performance of certain official duties due to official needs.

2. Convicts falling under the circumstances specified in point a and b of Clause 1 of this Article, if convicted of offenses endangering national security that are less serious, serious, or very serious, may only be temporarily suspended from serving their prison sentences upon the consent of the Minister of Public Security or the Minister of National Defense.

3. Convicts falling under the circumstances specified in point a and b of Clause 1 of this Article, if convicted of extremely serious offenses endangering national security or sentenced to life imprisonment without reduction to fixed-term imprisonment, may only be temporarily suspended from serving their prison sentences upon the proposal of the Minister of Public Security or the Minister of National Defense and the consent of the President of the Supreme People's Court and the Prosecutor General.

Article 5. Competence to Propose Suspension of Execution of Prison Sentences

Clause 1. Prisons and temporary detention centers under the Ministry of Public Security and the Ministry of National Defense, and prisons under military regions propose suspension of execution of prison sentences for prisoners serving their sentences at these prisons and temporary detention centers.

Clause 2. Criminal enforcement agencies of provincial public security departments propose suspension of execution of prison sentences for prisoners serving their sentences at temporary detention centers and criminal enforcement agencies of county-level public security departments managed by provincial public security departments.

Clause 3. Criminal enforcement agencies of military regions propose suspension of execution of prison sentences for prisoners serving their sentences at temporary detention centers managed by military regions.

Clause 4. People's Procuracy of provinces and Military Procuracy of military regions propose suspension of execution of prison sentences for prisoners serving their sentences within their respective jurisdictions.

Article 6. Duration of Suspension of Execution of Prison Sentences

Clause 1. Prisoners suffering from serious illness may be suspended from serving their sentences once or multiple times until they recover.

Clause 2. Female prisoners who are pregnant or nursing children under 36 months old may be suspended from serving their sentences until the child reaches 36 months of age.

Clause 3. Prisoners who are the sole breadwinners in their families or due to official duties may be suspended from serving their sentences once or multiple times, but the total duration of suspension shall not exceed one year.

Chapter III

PROCEDURES, FORMS AND FILES FOR PROPOSING SUSPENSION OF EXECUTION OF PRISON SENTENCESPROCEDURES, FORMS AND FILES FOR PROPOSING SUSPENSION OF EXECUTION OF PRISON SENTENCES

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

Clause 1. Prisons under the Ministry of Public Security establish a Council for Review and Proposal of Suspension of Execution of Prison Sentences chaired by the Warden, with the Deputy Warden responsible for educational work as the Vice Chairman, the file officer as the Permanent Member, the Education Team Leader and the file officer as the Secretary, and members including: Deputy Wardens; Camp Leaders; Team Leaders of Planning, Security Officers, Intelligence, Security Protection - Mobile, Career Guidance, Vocational Training and Construction, Logistics, Finance, Health and Environmental Protection Teams.

Clause 2. Temporary detention centers under the Ministry of Public Security and those under provincial public security departments establish a Council for Review and Proposal of Suspension of Execution of Prison Sentences chaired by the Warden, with the Deputy Warden responsible for prisoner management as the Permanent Member, the Camp Leader for prisoner management, the Educational Team Leader, the Security Protection Platoon Leader, the intelligence, education, and health officers of the prisoner management camp as members, and the Planning Team Leader as the Secretary.

Clause 3. County-level public security departments establish a Council for Review and Proposal of Suspension of Execution of Prison Sentences chaired by the Head of the criminal enforcement agency, with the Criminal Enforcement Officer as the Permanent Member, the correctional officer and health officer as members, and the administrative officer of the criminal enforcement agency as the Secretary.

Clause 4. Prisons and temporary detention centers under the Ministry of National Defense or military regions establish a Council for Review and Proposal of Suspension of Execution of Prison Sentences chaired by the Warden, with the Deputy Warden as the Permanent Member, the Detention Assistant as the Secretary, and members including: Political Commissar, Educational Team Leader, Guards, Medical Officer, and Clerk.

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

Clause 1. The Council for Review and Proposal of Suspension of Execution of Prison Sentences of prisons and temporary detention centers under the Ministry of Public Security prepares a proposal for suspension of execution of prison sentences for prisoners serving their sentences at these facilities and transfers it to the Department of Rehabilitation and Community Reintegration under the General Bureau of Criminal Enforcement and Legal Support, Ministry of Public Security for review and assessment.

Clause 2. The Council for Review and Proposal of Suspension of Execution of Prison Sentences of prisons and temporary detention centers under the Ministry of National Defense prepares a proposal for suspension of execution of prison sentences for prisoners serving their sentences at these facilities and transfers it to the criminal enforcement management agency under the Ministry of National Defense for review and assessment.

Clause 3. The Council for Review and Proposal of Suspension of Execution of Prison Sentences of temporary detention centers under provincial public security departments and criminal enforcement agencies of county-level public security departments prepares a proposal for suspension of execution of prison sentences for prisoners serving their sentences at these facilities and reports to the Head of the criminal enforcement agency of the provincial public security department for review and assessment.

Clause 4. The Council for Review and Proposal of Suspension of Execution of Prison Sentences of prisons under military regions prepares a proposal for suspension of execution of prison sentences for prisoners serving their sentences at these facilities and transfers it to the criminal enforcement agency of the military region for review and assessment.

Clause 5. The Council for Review and Proposal of Suspension of Execution of Prison Sentences of temporary detention centers under military regions prepares a proposal for suspension of execution of prison sentences for prisoners serving their sentences at these facilities and reports to the Head of the criminal enforcement agency of the military region for review and assessment.

Clause 6. Within two working days from the date of receipt of the proposal for suspension of execution of prison sentences, the competent authority must examine and assess the proposal and issue a written response to the proposing agency. If the proposal lacks sufficient documentation, the assessing authority may request the proposing agency to supplement or clarify the missing information. The two-day period for examination and assessment is recalculated from the date the assessing authority receives the supplementary documentation or explanatory documents regarding the issues needing clarification.

Within two days from the date of receipt of the agreement from the competent authority, prisons and temporary detention centers under the Ministry of Public Security and the Ministry of National Defense, and prisons under military regions prepare a proposal for the court with jurisdiction to consider and decide on the suspension of execution of prison sentences. For prisoners serving their sentences at temporary detention centers under provincial public security departments, county-level criminal enforcement agencies, and temporary detention centers under military regions, after reviewing the files, the criminal enforcement agencies of provincial public security departments and military region criminal enforcement agencies prepare proposals for the provincial people's courts and military region courts to consider and decide on the suspension of execution of prison sentences.

7. For prisoners sentenced to imprisonment for up to fifteen years who are infected with HIV and have progressed to AIDS stage, suffering from opportunistic infections, and unable to serve themselves, with poor prognosis and high risk of death, the competent authority shall propose to suspend the execution of the prison sentence as stipulated in Clauses 1, 2, and 3 of Article 5 of this Joint Circular, prepare a proposal for suspending the execution of the prison sentence, and transfer it to the President of the competent court for examination and decision without the need for a review of the suspension proposal as in other cases.

The file proposing the suspension of the execution of the prison sentence for prisoners as provided for in this Clause must be copied and sent to the People's Procuracy at the same level as the court authorized to decide on the suspension to perform its supervisory function.

8. Through the supervision of enforcement of sentences, if the People's Procuracy finds that there are prisoners meeting the conditions for suspending the execution of the prison sentence, the People's Procuracy may itself or issue a written request to the Warden of the detention center or temporary detention facility, the Head of the Criminal Enforcement Agency of the provincial police force or military region police force to prepare a proposal for suspending the execution of the prison sentence for such prisoner. In case the Warden of the detention center or temporary detention facility, or the Head of the Criminal Enforcement Agency of the provincial police force or military region police force prepares a proposal for suspending the execution of the prison sentence for the prisoner according to the request of the People's Procuracy, the procedures and formalities will still be carried out in accordance with the provisions of Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article.

Article 9. File proposing the suspension of the execution of the prison sentence

The file proposing the suspension of the execution of the prison sentence for prisoners includes:

1. A copy of the judgment or a copy of the extract of the criminal judgment that has taken legal effect.

2. A copy of the Decision on the enforcement of the prison sentence.

3. A written proposal of the Warden of the detention center or temporary detention facility under the Ministry of Public Security or the Ministry of National Defense, or the Criminal Enforcement Agency of the provincial police force or military region police force, accompanied by the Application Form for Suspending the Execution of the Prison Sentence (the application form is made according to the model issued by the Ministry of Public Security or the Ministry of National Defense).

4. A written approval of the competent appraisal authority.

5. A written proposal of the Ministry of Public Security or the Ministry of National Defense and a written approval of the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy (for cases specified in Clause 3 of Article 4 of this Joint Circular).

6. A petition from the prisoner's family requesting the suspension of the execution of the prison sentence for the prisoner, confirmed by the People's Committee of the commune where the prisoner resides, or a written proposal from the People's Committee of the commune where the prisoner resides (if the prisoner's family does not have anyone capable of submitting a petition for the suspension of the execution of the prison sentence for the prisoner).

7. For female prisoners who are pregnant or nursing a child under thirty-six months old, there must be a conclusion from a county-level hospital regarding the pregnancy of the prisoner or a copy of the birth certificate or birth certificate of the prisoner's child, confirmed by the Warden of the detention center or temporary detention facility, or the Head of the Criminal Enforcement Agency of the county-level police force where the prisoner is serving the sentence regarding the fact that they are nursing a child under thirty-six months old in the detention center, temporary detention facility, or holding house.

8. 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 or military region-level hospital regarding their health condition. Specifically, for prisoners infected with HIV who have progressed to AIDS stage, there must be the results of the HIV test according to the regulations of the Ministry of Health and a copy of the medical record or conclusion from the competent health authority confirming that they have progressed to AIDS stage, are suffering from opportunistic infections, are unable to serve themselves, and have a poor prognosis and high risk of death.

Health authorities and hospitals at all levels are responsible for providing all relevant documents related to the health condition of prisoners when requested by the competent authority.

9. For prisoners proposed to have their execution of the prison sentence suspended due to being the sole breadwinner in the family, there must be a confirmation from the People's Committee of the commune where the convicted person usually resides regarding the fact that the convicted person is the sole breadwinner in the family, and if the prison sentence is enforced, the family will face special difficulties.

10. For cases of suspending the execution of the prison sentence due to official duties, there must be a written proposal from the agency, organization, local government, or military unit related to the performance of those official duties.

11. The People's Procuracy's written proposal for suspending the execution of the prison sentence (in cases where the proposal is made by the People's Procuracy).

Article 10. Suspension of execution of imprisonment sentence for persons awaiting transfer to serve their sentences

Persons awaiting transfer to serve their imprisonment sentences may be proposed for suspension of execution of imprisonment sentences if they meet the conditions stipulated in Article 4 of this Joint Circular. The conditions, time limits, authority, procedures, formalities, and files for proposing suspension of execution of imprisonment sentences shall be implemented similarly to prisoners currently serving their sentences at criminal enforcement agencies of provincial public security offices, temporary detention centers under the Ministry of Public Security, the Ministry of National Defense, or provincial public security offices or military regions, or temporary detention centers managed by provincial public security offices or military regions.

Chapter IV

DECISION ON SUSPENSION OF EXECUTION OF THE IMPRISONMENT SENTENCE AND IMPLEMENTATION OF THE DECISION ON SUSPENSION OF EXECUTIONPROCEDURES, FORMS AND FILES FOR PROPOSING SUSPENSION OF EXECUTION OF PRISON SENTENCES

Article 11. Examination and Decision on Suspension of Execution of Imprisonment Sentence

1. Within seven days from the date of receipt of the file proposing suspension of execution of imprisonment sentence, the President of the Provincial People's Court or Military Region People's Court where the prisoner is serving the sentence must examine and decide to accept or not to accept the proposal for suspension of execution of imprisonment sentence. In cases requiring additional materials or unclear materials, the President of the Court requests the agency proposing suspension of execution of imprisonment sentence to supplement or clarify. In such cases, the seven-day period for examination and decision is recalculated from the date the President of the Court receives the supplementary materials or written opinions on issues that need clarification.

2. In cases where the proposal for suspension of execution of imprisonment sentence is not accepted, the President of the Provincial People's Court or Military Region People's Court where the prisoner is serving the sentence must immediately notify in writing the same-level People's Procuracy and the proposing agency, specifying the reasons for not allowing the prisoner to have their execution suspended.

3. When the People's Procuracy makes a recommendation against the notification of non-acceptance of the proposal for suspension of execution of imprisonment sentence due to unfounded reasons or lodges an appeal against the decision on suspension of execution of imprisonment sentence due to insufficient grounds, the President of the Court with the authority to decide on suspension must consider the recommendation or appeal of the People's Procuracy. If the recommendation or appeal has sufficient grounds, the President of the Court must issue a decision to suspend execution of imprisonment sentence or revoke the decision on suspension of execution of imprisonment sentence.

Article 12. Implementation of Decision on Suspension of Execution of Imprisonment Sentence

1. The issuance of the decision on suspension of execution of imprisonment sentence; handover, management, and continued execution of the sentence for persons granted suspension; termination of suspension, arrest warrant, and pursuit of persons granted suspension who have absconded; handling of cases where persons granted suspension have died shall be carried out according to Article 32 of the Criminal Enforcement Law.

2. For persons granted suspension due to serious illness, whose health condition has not recovered as confirmed by medical records or medical expert opinions at provincial or military region level, the criminal enforcement agency of the provincial public security office where they reside or the criminal enforcement agency of the military region where the unit managing them is located must notify in writing the President of the Court that issued the decision on suspension of execution of imprisonment sentence to examine and decide whether to continue granting them suspension. The accompanying documents sent with the notification from the criminal enforcement agency of the provincial public security office or the criminal enforcement agency of the military region include: the application for continued suspension from the person granted suspension or their relatives, certified by the People's Committee of the commune or the military unit managing the person granted suspension; copies of medical records or medical expert opinions confirming the health condition of the person granted suspension has not recovered.

Chapter V

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Joint Circular takes effect from July 1, 2013. Previous guiding documents of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuracy regarding suspension of execution of imprisonment sentences for prisoners that conflict with this Joint Circular are abolished.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Agencies, organizations, and individuals responsible within the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the People's Courts, the People's Procuracies, Military Region People's Courts, and Military Region People's Procuracies at all levels are responsible for organizing the implementation of this Joint Circular.

2. Criminal enforcement agencies of provincial public security offices must regularly monitor, supervise, and periodically review every three months, six months, and annually the implementation of decisions on suspension of execution of imprisonment sentences, promptly reporting to the criminal enforcement agency of the provincial public security office for consolidation and reporting results to the criminal enforcement management agency under the Ministry of Public Security.

3. Criminal enforcement agencies of military regions must regularly monitor, supervise, and periodically review every three months, six months, and annually the implementation of decisions on suspension of execution of imprisonment sentences, promptly consolidating and reporting results to the criminal enforcement management agency under the Ministry of National Defense.

4. During the implementation of this Joint Circular, if there are difficulties, agencies and units must report to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Health, the Supreme People's Court, and the Supreme People's Procuracy for timely guidance.