Joint Circular No. 04/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC on coordinating the implementation of provisions of the Criminal Procedure Code 2015 regarding conditional early release from prison

JOINT CIRCULAR

Regulations on cooperation in implementing provisions of the Criminal Procedure Code
2015 regarding conditional early release from prison

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WHEREAS the Criminal Code No. 100/2015/QH13 has been amended and supplemented by Law No. 12/2017/QH14;ìWHEREAS the Criminal Procedure Code No. 101/2015/QH13;

The Ministers of Public Security and National Defense, the President of the Supreme People's Court, and the Procurator General of the Supreme Procuratorate issue this Joint Circular to regulate cooperation in implementing the provisions of the Criminal Procedure Code No. 101/2015/QH13 regarding conditional early release from prison.No. This Joint Circular regulates cooperation in implementing conditional early release from prison according to the provisions of the Criminal Procedure Code No. 101/2015/QH13 (hereinafter referred to as the Criminal Procedure Code 2015) concerning files, procedures, and formalities for examination, proposal, decision on conditional early release from prison for prisoners and enforcement of decisions on conditional early release from prison, revocation of decisions on conditional early release from prison, and shortening the probation period for those conditionally released from prison.No. This Joint Circular applies to courts, procuracies, criminal execution management agencies under the Ministry of Public Security, criminal execution management agencies under the Ministry of National Defense, criminal execution agencies at provincial level public security departments, criminal execution agencies at military region levels; prisons, detention centers, criminal execution agencies at county-level public security departments, and other relevant agencies, organizations, and individuals involved in implementing conditional early release from prison.

Article 3. Principles of cooperation in implementing conditional early release from prisonJune 2024;2. Ensuring socialist humanitarianism, objectivity, and fairness; encouraging prisoners and those conditionally released from prison to strive for progressive reform and strictly fulfill their obligations during the probation period.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

FILES, PROCEDURES, AND FORMALITIES FOR EXAMINATION, PROPOSAL, AND DECISION ON CONDITIONAL EARLY RELEASE FROM PRISON

Article 4. Files for proposing conditional early release from prison

1. Compliance with the Constitution and laws.

1. The file for proposing conditional early release from prison includes the documents specified in Clause 1 and Clause 2, Article 368 of the Criminal Procedure Code 2015, including the following documents:

a) The prisoner's application for conditional early release from prison accompanied by a commitment not to violate the law and to comply with all obligations upon conditional release;

Chapter II

b) A copy of the judgment or Decision of the court with legal effect; Execution Decision;

c) Documents showing that the prisoner has made significant progress and has good compliance awareness, such as Decisions or copies of Decisions on classification of compliance with the sentence;

d) A copy of the Decision reducing the term of compliance with the sentence for those convicted of serious crimes, very serious crimes, or extremely serious crimes;

đ) Documents showing the completion of supplementary penalties such as fines, compensation for damages, payment of court fees, such as receipts, invoices, certificates, Decisions exempting from fines or court fees by the court, Decisions suspending enforcement issued by the head of the civil enforcement agency with jurisdiction, agreements of the victim or their legal representative regarding non-enforcement of civil obligations according to the judgment or Decision of the court confirmed by the People's Committee of the commune where they reside or the civil enforcement agency handling the case, or other documents and materials proving this;

e) Documents to determine the actual time served, including judgments, Decisions of the court with legal effect, and Execution Decisions;

The time point for determining the actual time served is calculated up to the day of the meeting of the Board examining and proposing conditional early release from prison of the prison or detention center, or the day of the meeting examining and proposing conditional early release from prison of the criminal enforcement agency at the county-level public security department to examine and propose conditional early release from prison for prisoners;

g) In cases where the offender is a person who has rendered meritorious service to the revolution or a relative of such a person, a person aged 70 or older, a person with severe or extremely severe disabilities, a woman with a child under 36 months old, or a person under 18 years old serving a sentence, there must be one of the following documents to prove:

Documents proving that the offender is a person who has rendered meritorious service to the revolution or a relative of such a person according to the law on preferential treatment for persons who have rendered meritorious service to the revolution. In cases where the relative is a person who has rendered meritorious service to the revolution, there must be a confirmation letter or a copy of the document proving the relationship with a person who has rendered meritorious service to the revolution confirmed by the People's Committee of the commune where they reside or the unit where they worked or studied. If they are legally adopted children of a person who has rendered meritorious service to the revolution, there must be a decision of the competent authority before the time they committed the crime;

A copy of the birth certificate or a transcript of the judgment to confirm that the prisoner is 70 years old or older;

A disability certificate to confirm that the prisoner is severely or extremely severely disabled (as stipulated by the law on persons with disabilities);

A copy of the birth certificate or birth certificate to confirm that the female prisoner has a child under 36 months old;

A copy of the birth certificate or a transcript of the judgment to confirm that the prisoner is under 18 years old while serving a sentence;

h) The proposal for conditional early release from prison of the prison or detention center under the Ministry of Public Security, the detention center under the Ministry of National Defense, the criminal enforcement agency at the provincial-level public security department, or the criminal enforcement agency at the military region level.

Certificate of disability to determine whether the prisoner is severely disabled or extremely severely disabled (as provided for in the law on persons with disabilities);

Copy of the birth certificate or birth certificate to determine that the female prisoner has a child under 36 months old;

Copy of the birth certificate or extract from the judgment to determine that the prisoner is under 18 years old and is serving a criminal sentence;

h) Document proposing conditional early release from prison submitted by the detention center, temporary detention center under the Ministry of Public Security, temporary detention center under the Ministry of National Defense, Criminal Enforcement Agency of the provincial public security agency, Criminal Enforcement Agency of the military region.

2. A person who has been temporarily suspended from serving a prison sentence or a person who is undergoing compulsory medical treatment shall retain the results of their classification in serving the prison sentence and such time shall be counted continuously with the period following their return to the detention center, temporary detention center, or Criminal Enforcement Agency under the provincial police force to continue serving the sentence. When these individuals return to the detention center, temporary detention center, or Criminal Enforcement Agency under the provincial police force to continue serving the sentence, if they meet the conditions stipulated in Article 66 or Article 106 of the Penal Code No. 100/2015/QH13 amended and supplemented by Law No. 12/2017/QH14 (hereinafter referred to as the Penal Code 2015), the documents and materials specified in Clause 1 of this Article, and have strictly complied with the laws during the period of temporary suspension or compulsory medical treatment, confirmed by the local authority where the person was residing before being temporarily suspended from serving the sentence, the military unit responsible for managing them, or the healthcare facility treating the person undergoing compulsory medical treatment, then they may be considered and proposed for conditional early release.

3. In cases where prisoners are released for investigative, prosecutorial, or trial purposes but are not currently being pursued for criminal responsibility for other offenses, the detention centers, temporary detention centers, or Criminal Enforcement Agency under the provincial police force

Article 5. Preparing the Proposal for Conditional Early Release

1. After completing the assessment and classification of prisoners' performance in serving their sentences according to point e, Clause 1, Article 368 of the Criminal Procedure Code 2015, the detention centers, temporary detention centers, or Criminal Enforcement Agency under the provincial police force shall review and prepare a list (with attached files) proposing conditional early release for prisoners and transfer it to the competent authority as follows:

a) Detention centers under the Ministry of Public Security shall submit the files and lists of prisoners proposing conditional early release to the Appraisal Council of the Criminal Enforcement Management Agency under the Ministry of Public Security for appraisal. Temporary detention centers under the Ministry of Public Security shall submit the files and lists of prisoners proposing conditional early release to the head of the directly managing unit for review, and then transfer them to the Appraisal Council of the Criminal Enforcement Management Agency under the Ministry of Public Security for appraisal. Based on the appraisal results, the warden of the detention center or temporary detention center under the Ministry of Public Security shall prepare the proposal for conditional early release for eligible prisoners;

b) Temporary detention centers or Criminal Enforcement Agency under the provincial police force shall submit the files and lists of prisoners proposing conditional early release to the Council for Examination and Proposal of Conditional Early Release of the Criminal Enforcement Agency under the provincial police force for examination and preparation of the proposal for conditional early release for eligible prisoners;

c) Detention centers or temporary detention centers under the Ministry of National Defense shall submit the files and lists of prisoners proposing conditional early release to the Appraisal Council of the Criminal Enforcement Management Agency under the Ministry of National Defense for appraisal. Based on the appraisal results, the warden of the detention center or temporary detention center under the Ministry of National Defense shall prepare the proposal for conditional early release for eligible prisoners;

d) Detention centers or temporary detention centers under military regions or corps shall submit the files and lists of prisoners proposing conditional early release to the Council for Examination and Proposal of Conditional Early Release of the Criminal Enforcement Agency under the military region for examination and preparation of the proposal for conditional early release for eligible prisoners.

2. The review, preparation of files for examination and proposal, and appraisal of the proposal for conditional early release must be completed before April 15 for prisoners who meet the conditions after the first quarter assessment and classification of their performance in serving the sentence, before August 15 for prisoners who meet the conditions after the mid-year assessment and classification of their performance in serving the sentence, and before December 31 for prisoners who meet the conditions after the annual assessment and classification of their performance in serving the sentence, to propose to the competent court for consideration and decision, while simultaneously transferring the files to the same-level People's Procuratorate to perform its supervisory functions as prescribed by law.

3. When performing the supervisory function over conditional early release, the People's Procuratorate with jurisdiction that discovers prisoners meeting the conditions for conditional early release but not proposed by the competent authority shall require that authority to prepare the proposal for conditional early release for those prisoners.

Article 6. The Council for Examination and Recommendation of Conditional Early Release and the Council for Review of Applications for Conditional Early Release

1. The Ministry of Public Security shall stipulate the establishment and composition of the Council for Examination and Recommendation of Conditional Early Release of prisons and temporary detention centers under the Ministry of Public Security and provincial-level public security agencies; the composition of meetings to examine and recommend conditional early release of criminal enforcement agencies at county-level public security agencies; stipulate the establishment and composition of the Council for Examination and Recommendation of Conditional Early Release of criminal enforcement agencies at provincial-level public security agencies, and the Council for Review of Applications for Conditional Early Release of criminal management agencies under the Ministry of Public Security.

2. The Ministry of National Defense shall stipulate the establishment and composition of the Council for Examination and Recommendation of Conditional Early Release of prisons and temporary detention centers under the Ministry of National Defense, criminal enforcement agencies at military regions, and the Council for Review of Applications for Conditional Early Release of criminal management agencies under the Ministry of National Defense.

Article 7. Examination, Recommendation, and Review of Applications for Conditional Early Release

1. Examination and recommendation of conditional early release by criminal enforcement agencies at provincial-level public security agencies and review of applications for conditional early release by criminal management agencies under the Ministry of Public Security shall be conducted as follows:

a) After receiving the file and list of prisoners recommended for conditional early release from temporary detention centers, the criminal enforcement agency at the county-level public security agency transfers them to the Council for Examination and Recommendation of Conditional Early Release of the criminal enforcement agency at the provincial-level public security agency, which organizes a meeting to examine and recommend. Based on the results of the examination by the Council, the Provincial Criminal Enforcement Bureau cooperates with the temporary detention center and the criminal enforcement agency at the county-level public security agency to complete the file and list of prisoners recommended for conditional early release, submitting it to the head of the criminal enforcement agency at the provincial-level public security agency for issuance of a recommendation letter to the People's Court at the provincial level for consideration and decision, while simultaneously transferring a copy to the People's Procuracy at the same level as the Court to perform its supervisory functions according to the law;

b) After receiving the file and list of prisoners recommended for conditional early release from prisons and temporary detention centers under the Ministry of Public Security, the Council for Review of the criminal management agency under the Ministry of Public Security organizes a meeting to review. In cases where opinions from the Investigation Security Agency are required, the Council invites representatives of the Investigation Security Agency of the Ministry of Public Security to attend the meeting or sends a request for their opinion before the meeting. After reviewing the file and list of prisoners recommended for conditional early release from prisons and temporary detention centers under the Ministry of Public Security, the Council compiles the results, prepares a list, and reports to the head of the criminal management agency under the Ministry of Public Security for approval.

Based on the reviewed results approved by the head of the criminal management agency under the Ministry of Public Security, the Warden of the prison and the Warden of the temporary detention center under the Ministry of Public Security complete the file and list, prepare a recommendation letter to the People's Court at the provincial level where the prisoner is serving the sentence for consideration and decision, and simultaneously send a copy of the file and list to the People's Procuracy at the same level as the Court to perform its supervisory functions according to the law.

2. Examination and recommendation of conditional early release by criminal enforcement agencies at military regions and review of applications for conditional early release by criminal management agencies under the Ministry of National Defense shall be conducted as follows:

a) After receiving the file and list of prisoners recommended for conditional early release from prisons and temporary detention centers under military regions and corps, the Council for Examination and Recommendation of Conditional Early Release of the criminal enforcement agency at the military region organizes a meeting to examine and recommend. Based on the results of the examination by the Council, the criminal enforcement agency at the military region cooperates with the prison and temporary detention center under the military region and corps to complete the file and list, preparing a document for submission to the head of the criminal enforcement agency at the military region for recommendation to the Military Regional Court for consideration and decision, and simultaneously sending a copy of the file and list to the Military Procuracy at the same level as the Court to perform its supervisory functions according to the law;

b) After receiving the file and list of prisoners recommended for conditional early release from prisons and temporary detention centers under the Ministry of National Defense, the Council for Review of the criminal management agency under the Ministry of National Defense organizes a meeting to review. After reviewing the file and list of prisoners recommended for conditional early release from prisons and temporary detention centers under the Ministry of National Defense, the Council compiles the results, prepares a list, and reports to the head of the criminal management agency under the Ministry of National Defense for approval.

Based on the reviewed results approved by the head of the criminal management agency under the Ministry of National Defense, the Warden of the prison and the Warden of the temporary detention center under the Ministry of National Defense complete the file and list, prepare a recommendation letter to the Military Regional Court with jurisdiction for consideration and decision; and simultaneously send a copy of the file and list to the Military Procuracy at the same level as the Court to perform its supervisory functions according to the law.

Article 8. Handling prisoners who violate the Detention Center Rules, Temporary Detention Center Rules, or Holding House Rules before a Decision is made or after a Decision to grant conditional early release has been made by the Court but not yet announced.

1. In cases where a prisoner has been proposed for conditional early release and violates the Detention Center Rules, Temporary Detention Center Rules, or Holding House Rules and is subject to disciplinary action of reprimand or higher before a Decision to grant conditional early release is made by the Court, the Warden of the Detention Center, Warden of the Temporary Detention Center, or Head of the Criminal Enforcement Agency of the Public Security Office at the district level must promptly submit a written report (attached with the disciplinary file) to the Head of the Reviewing Agency or the Head of the Proposing and Deciding Agency, and the People's Procuracy at the same level as the Court that issued the Decision on conditional early release to remove such prisoner from the list of proposed conditional early release.

2. In cases where a prisoner has a Decision to grant conditional early release made by the Court but not yet announced and violates the Detention Center Rules, Temporary Detention Center Rules, or Holding House Rules and is subject to disciplinary action of reprimand or higher, the agency responsible for preparing the proposal for conditional early release must promptly submit a written report (attached with the disciplinary file) to the Court that issued the Decision on conditional early release for consideration and resolution within its authority, while also sending it to the People's Procuracy at the same level as the Court to perform its supervisory function according to the law.

Chapter III

 EXAMINATION, PROPOSAL AND DECISION TO SHORTEN THE PROBATION PERIOD

Article 9. Preparing the file for proposing to shorten the probation period

1. The review and preparation of files for examination and proposal to shorten the probation period shall be carried out simultaneously with the review and preparation of files for examination and proposal for conditional early release as stipulated in Article 5 of this Circular.

2. The file for proposing to shorten the probation period for persons granted conditional early release includes: A copy of the Decision on conditional early release issued by the Court; documents and materials showing that the person granted conditional early release has made significant progress; a proposal letter from the People's Committee at the commune level or military unit responsible for managing, supervising, and educating.

Article 10. Procedures and formalities for proposing to shorten the probation period

1. When a person granted conditional early release meets the conditions stipulated in Clause 5 of Article 66 of the 2015 Penal Code, the Chief of Public Security at the commune level where the person resides has the responsibility to assist the Chairman of the People's Committee at the commune level in preparing the file and submitting a written proposal to the Criminal Enforcement Agency of the Public Security Office at the district level to report to the Criminal Enforcement Agency of the Public Security Office at the provincial level for consideration, and to submit a written proposal to the People's Court at the same level for consideration and decision.

The Head of the Military Unit at the Regiment level or equivalent, assigned to manage, supervise, and educate persons granted conditional early release, organizes a meeting to prepare the file and propose to the Criminal Enforcement Agency of the Military Zone where the person granted conditional early release works for consideration and proposal to shorten the probation period. Participants include the Head of the Unit, Political Commissar or Political Instructor, and the person directly assigned to manage, supervise, and educate the person granted conditional early release.

2. The Criminal Enforcement Agency of the Public Security Office at the district level organizes a meeting chaired by the Head of the Criminal Enforcement Agency, with participants including: the Captain of the Criminal Enforcement and Judicial Assistance Team, representatives from the Planning Team, Administrative Management Team for Social Order, and the agency preparing the proposal, and submits a written proposal to the Criminal Enforcement Agency of the Public Security Office at the provincial level for consideration and proposal to shorten the probation period.

The Criminal Enforcement Agency of the Military Zone where the military unit is assigned to manage persons granted conditional early release organizes a meeting to consider and propose to shorten the probation period for persons granted conditional early release and submits a written proposal and transfers the file to the Military Court of the Military Zone for consideration and decision, while also transferring it to the People's Procuracy at the same level as the Court to perform its supervisory function according to the law.

3. The Criminal Enforcement Agency of the Public Security Office at the provincial level establishes a Council to examine and propose to shorten the probation period for persons granted conditional early release. Upon receiving the proposal from the Criminal Enforcement Agency of the Public Security Office at the district level, within seven working days, the Criminal Enforcement Agency of the Public Security Office at the provincial level must organize a meeting of the Council to examine and submit a written proposal and transfer the file to the People's Court at the same level for consideration and decision, while also transferring it to the People's Procuracy at the same level as the Court to perform its supervisory function according to the law.

4. When performing the supervisory function over the shortening of the probation period for persons granted conditional early release, the People's Procuracy with the authority to discover that a person granted conditional early release meets the conditions to have their probation period shortened but has not been proposed by the competent agency shall require that agency to prepare a file proposing to shorten the probation period for them.

Article 11. Procedures and formalities for reviewing and deciding to shorten probation period

1. The People's Court of province or Military Court of military region where the person granted conditional early release resides and works shall establish a Review Board to review and decide on shortening the probation period. The Board consists of three Judges, with the participation of a Prosecutor from the same-level Prosecution Office.

2. After receiving the file requesting to shorten the probation period, within seven working days, the authorized Court’s Review Board must convene a meeting to review and decide on shortening the probation period and notify the same-level Prosecution Office to send representatives to attend the meeting.

3. The procedures for reviewing and deciding to shorten the probation period are as follows:

a) A member of the Board presents the file requesting to shorten the probation period;

b) The Prosecutor presents the Prosecution Office's viewpoint on the request to shorten the probation period; compliance with the law in reviewing and deciding to shorten the probation period;

c) The Board discusses and decides.

4. Based on examining the file and the opinions of the Prosecution Office, the Board decides:

a) To accept the entire request to shorten the probation period. In cases where the person granted conditional early release has less than one month remaining probation period, the Court may decide to shorten the entire remaining probation period;

b) To partially accept the request to shorten the probation period;

c) Not to accept the request to shorten the probation period.

5. Within three days from the date of issuing the decision to shorten the probation period, the Court must send the decision to the person granted conditional early release, the same-level Prosecution Office, the superior Prosecution Office, the agency requesting to shorten the probation period, the Court that issued the Decision on Conditional Early Release, and the Department of Justice where the Court issuing the decision to shorten the probation period is located.

6. The Prosecution Office has the right to lodge a protest against the decision on accepting or not accepting the request to shorten the probation period. The procedures, formalities, and jurisdiction for handling protests concerning decisions stipulated in this clause are carried out according to the provisions of Chapter XXII and Chapter XXXIII of the Criminal Procedure Code 2015.

Chapter IV

IMPLEMENTATION OF DECISIONS ON CONDITIONAL EARLY RELEASE, DECISIONS TO SHORTEN THE PROBATION PERIOD, ISSUANCE OF CERTIFICATES OF COMPLETION OF SENTENCE, PROCEDURES AND FILES FOR REQUESTING AND IMPLEMENTING DECISIONS TO REVOKE DECISIONS ON CONDITIONAL EARLY RELEASE

Article 12. Implementation of the Court's Decision on Conditional Early Release

1. Prisons, detention centers, and the Criminal Enforcement Agency of the Public Security Office at district level organize the public announcement of the Court's Decision on Conditional Early Release to all inmates serving their sentences in prisons, detention centers, and temporary holding facilities; issue Certificates of Conditional Early Release and release inmates with Decisions on Conditional Early Release.

2. The Criminal Enforcement Agency of the Public Security Office at district level where the person granted conditional early release resides establishes a file to implement the Decision on Conditional Early Release and hands it over to the Police Station at commune level to assist the People's Committee at commune level in organizing management, supervision, and education of the person granted conditional early release.

2. The Criminal Enforcement Agency of the Military Region where the person granted conditional early release works establishes a file to implement the Decision on Conditional Early Release and hands it over to the military unit where the person granted conditional early release works to organize management, supervision, and education of the person granted conditional early release. Only those persons granted conditional early release before committing crimes under direct military management will be handed over to military units for management, supervision, and education.

For cases where the person was not directly managed by the military before committing the crime or was managed, supervised, and educated by the military but later ceased serving in the military, the Criminal Enforcement Agency of the Public Security Office at district level where the person granted conditional early release resides establishes a file to implement the Decision on Conditional Early Release and hands it over to the Police Station at commune level to assist the People's Committee at commune level in organizing management, supervision, and education of the person granted conditional early release.

3. The Police Station at commune level is responsible for assisting the People's Committee at commune level in receiving, managing, supplementing the implementation file of the Decision on Conditional Early Release, assigning personnel to directly manage, supervise, and educate the person granted conditional early release, and organizing management, supervision, and education of the person granted conditional early release.

4. After organizing the announcement of the Decision on Conditional Early Release and handing over, receiving the implementation file of the Decision on Conditional Early Release, the Warden of the prison, the Warden of the detention center under the Ministry of Public Security and the Ministry of National Defense, the Head of the Criminal Enforcement Agency of the Public Security Office at provincial level, and the Head of the Criminal Enforcement Agency of the Military Region consolidate the situation and specific results to report to the Criminal Enforcement Management Agency under the Ministry of Public Security and the Criminal Enforcement Management Agency under the Ministry of National Defense for monitoring and guidance.

Article 13. Enforcement of the Court's Decision on Shortening the Probation Period

1. The police station at the commune level shall assist the People's Committee at the commune level where the person granted conditional early release resides, and the military unit assigned to manage the person granted conditional early release in announcing the Court's decision on shortening the probation period to the person granted conditional early release, and retaining the file for enforcement of the decision on conditional early release.

2. After announcing the decision on shortening the probation period, the police station at the commune level and the military unit assigned to manage the person granted conditional early release shall report to the Criminal Enforcement Agency of the Police at the district level, the Criminal Enforcement Agency of the Police at the provincial level, and the Criminal Enforcement Agency of the Military Region Command to compile the situation and specific results to be reported to the Criminal Enforcement Management Agency under the Ministry of Public Security and the Criminal Enforcement Management Agency under the Ministry of National Defense for monitoring and guidance.

Article 14. Issuance of Certificate of Completion of Sentence for Persons Granted Conditional Early Release

1. At least fifteen days before the end of the probation period, the Criminal Enforcement Agency of the Police at the district level and the Criminal Enforcement Agency of the Military Region Command must review and process the issuance of the Certificate of Completion of Sentence for persons granted conditional early release. Persons granted conditional early release who strictly fulfill their obligations and complete the probation period on time will be issued the Certificate of Completion of Sentence.

2. The Certificate of Completion of Sentence shall be sent to the person granted conditional early release who has completed the probation period, the National Parole Registry Center, the Court that issued the enforcement decision, the Court that issued the decision on conditional early release, the competent Procuracy, the prison, the detention center, the Criminal Enforcement Agency of the Police at the district level where the prisoner served the sentence prior to being granted conditional early release, the People's Committee at the commune level where the person granted conditional early release resides, and the military unit assigned to manage the person granted conditional early release.

Article 15. Procedure, File for Requesting and Enforcing the Decision to Revoke the Decision on Conditional Early Release

1. In cases where the person granted conditional early release violates the provisions set forth in Clause 4, Article 66 of the 2015 Penal Code, the Criminal Enforcement Agency of the Police at the district level where the person granted conditional early release resides, and the military unit assigned to manage the person granted conditional early release shall prepare the file, submit a request in writing, and send it to the competent court for consideration and decision to revoke the decision on conditional early release, while simultaneously sending the file to the Procuracy at the same level as the court for supervision according to the law.

2. The file for requesting revocation of the decision on conditional early release includes: Violation Record or Administrative Sanction Decision; the request for revocation of the decision on conditional early release from the Criminal Enforcement Agency of the Police at the district level and the military unit assigned to manage; a copy of the Judgment; a copy of the Decision on Conditional Early Release; and the results of compliance with the regulations on conditional early release by the person granted conditional early release.

3. The time limit for examination, decision-making, and sending the Decision to Revoke the Decision on Conditional Early Release shall be implemented according to the provisions of Clause 10, Article 368 of the 2015 Criminal Procedure Code.

4. When the person granted conditional early release has their decision on conditional early release revoked, the Criminal Enforcement Agency of the Police at the district level shall report to the Criminal Enforcement Agency of the Police at the provincial level to request the Criminal Enforcement Management Agency under the Ministry of Public Security to decide to bring the person to the prison, detention center, or the Criminal Enforcement Agency of the Police at the district level to continue serving the remaining part of the imprisonment term not yet served. The Criminal Enforcement Agency of the Military Region Command shall report to the Criminal Enforcement Management Agency under the Ministry of National Defense to decide to bring the person to the prison or detention center to continue serving the remaining part of the imprisonment term not yet served.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular takes effect from March 28, 2018.

Article 17. Responsibility for Implementation

1. The Ministry of Public Security is responsible for directing, guiding, inspecting, and urging the police units and localities within its functional scope to organize the implementation of conditional early release in accordance with the law.

2. The Ministry of National Defense is responsible for directing, guiding, inspecting, and urging subordinate units within its functional scope to organize the implementation of conditional early release in accordance with the law.

3. The Supreme People's Court is responsible for guiding, inspecting, and urging lower courts to perform their functions and tasks in accordance with the Law on the Organization of the People's Courts and relevant laws concerning conditional early release.

4. The Supreme People's Procuracy is responsible for guiding, inspecting, and urging lower procuracies to perform their functions and tasks in accordance with the Law on the Organization of the People's Procuracies and relevant laws concerning conditional early release.

5. The Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy shall issue forms, registers, and statistics for use in implementing conditional early release according to their respective functions. Relevant agencies, units, organizations, and individuals under the Ministry of Public Security, the Ministry of National Defense, the People's Courts, Military Courts, the People's Procuracies, and Military Procuracies are responsible for implementing this Circular.

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