Joint Circular No. 03/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP stipulates the coordination in implementing procedures and formalities to shorten probation periods for persons granted conditional early release from imprisonment and those serving suspended sentences.

JOINT CIRCULAR

Regulations on cooperation in implementing procedures and formalities to shorten probation periods for persons granted conditional early release and suspended sentencesperiod of probation for persons granted early release on conditional parole, persons given suspended sentence subject to conditions, the person granted suspended sentence

Based on the Criminal Enforcement Law dated June 14, 2019;

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

The Chief Justice of the Supreme People's Court, The Prosecutor General of the Supreme People's Procuracy, supremeThe Minister of Public Security, The Minister of National Defense hereby jointly issue regulations on cooperation in implementing procedures and formalities to propose, examine, and decide on shortening probation periods for persons granted conditional early release and suspended sentences.,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint circulars regulate cooperation in implementing procedures and formalities to propose, examine, and decide on shortening probation periods for persons granted conditional early release and suspended sentences.

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 police levels, criminal enforcement agencies at military region levels, criminal enforcement agencies at county police levels; persons granted conditional early release, persons with suspended sentences, and other relevant agencies, organizations, and individuals involved in shortening probation periods for persons granted conditional early release and persons with suspended sentences.

Article 3. Models of accompanying documents issued pursuant to these joint circulars

1. Decision to shorten probation period for persons granted conditional early release (Model No. 01).

2. Decision not to accept shortening of probation period for persons granted conditional early release (Model No. 02).

3. Decision to shorten probation period for persons with suspended sentences (Model No. 03).

4. Decision not to accept shortening of probation period for persons with suspended sentences (Model No. 04).

Chapter II

FILE, PROCEDURE, AND FORMALITIES FOR SHORTENING THE PROBATION PERIODFOR PERSONS GRANTED CONDITIONAL EARLY RELEASE

Article 4. File and formalities for proposing to shorten the probation period for persons granted conditional early release

1. The file for proposing to shorten the probation period for persons granted conditional early release includes:

a) A copy of the decision granting conditional early release by the court;

b) A copy of the decision to shorten the probation period for cases where the person granted conditional early release has already had their probation period shortened;

c) Documents and materials demonstrating significant progress made by the person granted conditional early release;

d) A proposal document from the People's Committee of the commune or the military unit responsible for managing the person granted conditional early release;

e) Other related documents.

In cases where a criminal enforcement agency at the county police level proposes to shorten the probation period for a person granted conditional early release, it must organize a meeting to gather additional opinions from other agencies and units within the public security system before submitting a proposal document to the criminal enforcement agency at the provincial police level.

3. When performing the function of supervising the implementation of decisions to shorten probation periods for persons granted conditional early release, if the procuracy finds that such persons meet the conditions for shortening their probation periods but have not been proposed by the competent authority, it shall issue a document requesting the competent authority to establish a file for proposing to shorten the probation period for them.

Article 5. Procedure and formalities for considering and deciding to shorten probation period for persons granted conditional early release

1. The court shall convene a session to consider and decide on shortening the probation period for persons granted conditional early release as stipulated in Clause 4, Article 65 of the Criminal Execution Law. At least three days before convening the session, the court shall notify in writing the same-level People's Procuracy to dispatch a Prosecutor to attend the session. In case the dispatched Prosecutor cannot attend the session, the People's Procuracy must appoint another person to participate.

If additional materials are needed or if the materials are unclear, the Judge shall request the agency proposing the supplementation or clarification of the unclear materials. This request document shall be simultaneously sent to the same-level People's Procuracy for their knowledge. Within three working days from the date of receiving the court's request, the proposing agency must submit the supplementary materials or clarifications to both the court and the same-level People's Procuracy.

2. The procedure and formalities for considering shortening the probation period shall proceed as follows:

a) The presiding officer opens the session, introduces the members of the Council, the attending Prosecutor, and the session secretary;

b) A member of the Council presents the proposal file;

c) The Prosecutor presents the People's Procuracy's viewpoint on shortening the probation period proposed by the agency and compliance with the law in the process of considering shortening the probation period;

d) The Council discusses and decides.

3. Based on reviewing the file and the opinions of the People's Procuracy representative, the Council decides:

a) To accept the entire proposal to shorten the probation period for persons granted conditional early release. In cases where the remaining probation period of persons granted conditional early release is less than three months, the court may decide to shorten the entire remaining probation period;

b) To partially accept the proposal to shorten the probation period for persons granted conditional early release;

c) Not to accept the proposal to shorten the probation period for persons granted conditional early release.

4. The content of the decision to shorten the probation period includes:

a) Date of issuing the decision;

b) Name of the Court issuing the decision;

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

d) Name, year of birth, place of residence of the person whose probation period is proposed to be shortened;

đ) Number, date, and year of the effective judgment or decision of the court; number, date, and year of the enforcement decision of the custodial sentence; number, date, and year of the decision granting conditional early release;

e) The court's assessment and grounds for acceptance or non-acceptance;

g) The court's decision;

h) Effectiveness of implementation.

6. The decision to shorten or not accept the shortening of the probation period for persons granted conditional early release 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.

1. When the decision to shorten the probation period becomes legally effective, the criminal enforcement agency of the public security at the district level or the criminal enforcement agency of the military region where the person granted conditional early release is managed shall process the reduction of the probation period for such person to keep the enforcement case file and notify the People's Committee of the commune and the military unit responsible for managing the person granted conditional early release.

2. In cases where the remaining probation period of the person granted conditional early release is fully shortened, the criminal enforcement agency of the public security at the district level or the criminal enforcement agency of the military region where the person granted conditional early release is managed shall implement the procedures to issue a certificate of completion of the custodial sentence for that person in accordance with Clause 4, Article 59 of the Criminal Enforcement Law.

Chapter III

FILE, PROCEDURE, AND FORMALITIES FOR SHORTENING THE PROBATION PERIODREGARDING PERSONS WHO ARE GRANTED SUSPENDED SENTENCES

Article 7. Case files and procedures for requesting to shorten the probation period for persons granted suspended sentences

1. The case file for requesting to shorten the probation period for persons granted suspended sentences shall be implemented in accordance with Clause 3, Article 90 of the Criminal Enforcement Law.

2. The procedure for requesting to shorten the probation period for persons granted suspended sentences shall be implemented in accordance with Clauses 1 and 2, Article 90 of the Criminal Enforcement Law.

3. When performing the function of supervising the enforcement of the decision to shorten the probation period for persons granted suspended sentences, the People's Procuracy with jurisdiction may discover that the person granted a suspended sentence meets the conditions to have their probation period shortened but has not been proposed by the competent authority, and shall issue a document requesting the competent authority to establish a case file to propose shortening the probation period for them.

Article 8. Procedures and steps for examining, deciding to shorten the probation period, and implementing the decision to shorten the probation period for persons granted suspended sentences

The procedures and steps for examining, deciding to shorten the probation period, and implementing the decision to shorten the probation period for persons granted suspended sentences shall be carried out in accordance with Clause 4, Article 85 and Clauses 4 and 5, Article 90 of the Criminal Enforcement Law; Clause 3, Article 4, Article 5, and Article 6 of this Circular.

Chapter IV

IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect from November 26, 2021, and replaces the procedures for proposing, examining, and deciding to shorten the probation period for persons granted conditional early release from imprisonment and persons granted suspended sentences stipulated in Joint Circular No. 04/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC dated February 9, 2018, issued by the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy on coordinating the implementation of provisions of the Criminal Procedure Code 2015 regarding conditional early release from imprisonment, and Joint Circular No. 08/2012/TTLT-BCA-BQP-TANDTC-VKSNDTC dated August 14, 2012, issued by the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy guiding the shortening of the probation period for suspended sentences.

Article 10. 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 the scope of their functions, tasks, and powers shall be responsible for organizing the implementation of this Joint Circular.

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