Joint Circular No. 04/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP on cooperation in implementing procedures for reducing the term and exempting enforcement of suspended sentences and exemption from enforcement of remaining residence prohibition and control periods.

JOINT CIRCULAR

Regulations on cooperation in implementing procedures for reducing terms and exempting from serving sentences of non-custodial reform and remaining periods of residence prohibition and control

Criminal Execution Law

The Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the Minister of Public Security, and the Minister of National Defense jointly stipulate cooperation in implementing procedures for reducing terms and exempting from serving sentences of non-custodial reform and remaining periods of residence prohibition and control,

On the basis of These joint circulars regulate cooperation in implementing procedures for reducing and exempting from serving sentences of non-custodial reform and remaining periods of residence prohibition and control for persons sentenced to non-custodial reform, residence prohibition, and control. June 14, 2019;

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

These joint circulars apply to courts, procuracies, criminal execution management agencies under the Ministry of Public Security, criminal execution management agencies under the Ministry of National Defense, provincial-level public security criminal execution agencies, military region-level criminal execution agencies, county-level public security criminal execution agencies, persons serving sentences, and other relevant agencies, organizations, and individuals involved in reducing terms and exempting from serving sentences of non-custodial reform and remaining periods of residence prohibition and control.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 3. Certain terms used in considering reduction of terms and exemption from serving sentences of non-custodial reform and remaining periods of residence prohibition and control

Positive study, work, correction of mistakes, or achievement of merit in labor contributing to national security and social order and safety recognized by competent state authorities

 is a case where the person serving the sentence has made significant efforts and exerted considerable effort in complying with the sentence and strictly adhering to state policies, laws, local regulations, and rules of the place of residence or workplace (for example: voluntarily participating fully in community labor activities, vocational training; participating in activities to build civilized living habits at the place of residence, maintaining public order, eliminating social evils, protecting the environment, traffic safety); achieving merit in labor, identifying organizations or individuals engaging in illegal activities; participating in disease prevention and disaster response work, and being recognized with awards by competent state authorities.

1. Merit is a case where the person serving the sentence has achieved outstanding results in labor, study, work, combat, or in crime prevention and suppression, decided by competent state authorities to award or confirm.

2. Seriously ill person is a case where the person serving the sentence suffers from life-threatening diseases that are difficult to treat (for example: terminal cancer, HIV stage IV, drug-resistant severe tuberculosis, cirrhosis with ascites, heart failure stage III or higher, chronic kidney disease stage IV or higher) or other diseases leading to inability to self-care, poor prognosis, high risk of death.

3. Elderly and frail person is a person aged 70 or older or a person aged 60 or older but frequently ill.

4. Partial civil liability compensation means having compensated at least half of the civil liability according to the court's judgment or decision.

5. In cases where the person sentenced to compensation has paid less than half of the civil liability according to the court's judgment or decision but there is a document exempting or reducing part of the civil liability or another agreement with the party entitled to compensation (confirmed by a competent authority) indicating that the person sentenced has compensated at least half of the civil liability, it shall also be considered as partial civil liability compensation.is understood as having compensated at least one half of the civil liability according to the judgment or decision of the Court.

In cases where the person sentenced to compensate has been compensated for less than one half of the civil liability according to the judgment or decision of the Court but there is a document exempting, reducing part of the civil liability or there is another agreement from the side of the person receiving compensation (confirmed by the competent authority) showing that the person sentenced to compensate has been compensated for one half of the civil liability, such person shall also be considered as having compensated part of the civil liability.

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

1. Decision to reduce the term of execution of a suspended sentence without imprisonment (Template No. 01).

2. Decision not to accept reduction of the term of execution of a suspended sentence without imprisonment (Template No. 02).

3. Decision to exempt from execution of a suspended sentence without imprisonment (Template No. 03).

4. Decision not to accept exemption from execution of a suspended sentence without imprisonment (Template No. 04).

5. Decision to exempt from execution of the remaining term of residence prohibition (Template No. 05).

6. Decision not to accept exemption from execution of the remaining term of residence prohibition (Template No. 06).

7. Decision to exempt from execution of the remaining term of probation (Template No. 07).

8. Decision not to accept exemption from execution of the remaining term of probation (Template No. 08).

Chapter II

PROCEDURE AND PROCEDURES FOR REDUCING THE TERM OF EXECUTION

OF A SUSPENDED SENTENCE WITHOUT IMPRISONMENT

Article 5. Documents for requesting reduction of the term of execution of a suspended sentence without imprisonment

1. Request for reduction of the term of execution of a suspended sentence by the person serving the sentence. In cases where the person serving the sentence cannot submit the request themselves, a close relative of the person serving the sentence or a representative of the agency or organization where the person serves may submit the request on their behalf.

2. Documents specified at points b and c, Clause 3, Article 103 of the Criminal Execution Law.

3. If the person serving the sentence has been rewarded or made a contribution, the file must include a decision on reward or a confirmation letter from the competent authority regarding the person's contribution (for example: Certificate of Merit, Commendation, Patent or Exclusive Patent Right of the agency or person with authority).

4. If the person serving the sentence suffers from a serious illness, the file must include a conclusion from the Medical Appraisal Board or a copy of the medical record, conclusion from a provincial hospital or higher-level military zone hospital, or a conclusion from a public forensic organization regarding the health condition of the person serving the sentence.

For persons serving a suspended sentence without imprisonment who have contracted HIV and progressed to clinical stage IV, there must be a test result showing HIV infection according to the Ministry of Health’s regulations, and a copy of the medical record or a conclusion from a competent health authority confirming that they have progressed to clinical stage IV, currently suffering opportunistic infections, with a poor prognosis, and high risk of death.

5. If the person serving the sentence has partially fulfilled civil obligations, there must be a receipt, invoice, or other document showing partial fulfillment of civil obligations, or a document reducing or exempting part of civil obligations, or another agreement of the person entitled to compensation (with confirmation from a competent authority).

6. Other related documents.

Article 6. Procedure for requesting reduction of the term of execution of a suspended sentence without imprisonment

1. The procedure for requesting reduction of the term of execution of a suspended sentence without imprisonment shall be carried out in accordance with Clause 1 and Clause 2, Article 103 of the Criminal Execution Law.

2. The police station of the commune where the person serving the sentence resides shall be responsible for advising and assisting the People's Committee of the commune assigned to supervise and educate persons serving a suspended sentence without imprisonment to review those meeting the conditions for reduction of the term of execution of a suspended sentence without imprisonment, and report to the criminal enforcement agency of the police department of the district.

1. The court shall organize a session to review and decide on reducing the term of execution of non-custodial corrective punishment as prescribed in Clause 4 of Article 103 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 assigned 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 may request the criminal enforcement agency of the police at the district level or the criminal enforcement agency of the military region to supplement or clarify 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 agency proposing the reduction of the term of execution of non-custodial corrective punishment must submit supplementary materials or clarify the unclear materials to the court and the same-level People's Procuracy.

2. Procedure and process for reviewing and deciding to reduce the term of execution of non-custodial corrective punishment

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

b) A member of the Council presents the file requesting the reduction of the term of execution of non-custodial corrective punishment.

c) The Prosecutor presents the viewpoint of the People's Procuracy regarding the reduction of the term of execution of non-custodial corrective punishment proposed by the agency and compliance with the law in the process of reviewing the reduction of the term of execution of non-custodial corrective punishment.

d) The Council discusses and decides.

3. Based on the file and the opinions of the People's Procuracy representative, the Council reviewing the reduction of the term of execution of non-custodial corrective punishment decides:

a) To accept the entire or part of the proposal to reduce the term of execution of non-custodial corrective punishment;

b) Not to accept the proposal to reduce the term of execution of non-custodial corrective punishment.

4. The contents of the decision on reducing the term of execution of non-custodial corrective punishment include:

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, year of birth, place of residence of the person proposed to have the term of execution of non-custodial corrective punishment reduced;

đ) Number, date, and year of the effective judgment or decision of the court; number, date, and year of the decision to enforce the non-custodial corrective punishment;

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

g) The court's decision;

h) Legal effect.

5. The decision to reduce the term or not to accept the reduction of the term of execution of non-custodial corrective punishment becomes legally binding upon the expiration of the protest period. The procedure and process for handling protests are carried out according to the provisions of Chapters XXII, XXV, and XXVI of the Criminal Procedure Code.

6. The decision to reduce the term or not to accept the reduction of the term of execution of non-custodial corrective punishment shall be sent in accordance with Clause 5 of Article 103 of the Criminal Execution Law and the People's Committee of the commune, village, or military unit responsible for supervising and educating the person executing the sentence.

Article 8. Enforcement of Decisions to Reduce the Term of Execution of Non-Custodial Probation Punishment

1. When a decision to reduce the term of execution of non-custodial probation punishment becomes legally effective, the criminal enforcement agency of the public security office at the district level or the criminal enforcement agency of the military region shall process the reduction of the term of execution for the person serving the sentence to keep the execution file and notify the People's Committee of the commune where the person resides and the military unit responsible for supervising and educating the person serving the non-custodial probation punishment.

2. In cases where the person serving the sentence has their remaining term of non-custodial probation reduced to zero, the agency that proposed the implementation of the procedure for issuing a certificate confirming completion of the non-custodial probation punishment shall follow the provisions of Clause 4, Article 97 of the Criminal Enforcement Law. The date of issuance of the certificate is calculated from the date when the decision to reduce the term of execution of the non-custodial probation punishment becomes legally effective.

Chapter III

PROCEDURE AND PROCEDURES FOR EXEMPTION FROM EXECUTION OF NON-CUSTODIAL PROBATION PUNISHMENT

Article 9. File for Requesting Exemption from Execution of Non-Custodial Probation Punishment

1. A request for exemption from execution of the sentence by the convicted person or their lawful representative as provided by law. If the convicted person is unable to submit the request themselves, a close relative of the convicted person or a representative of the organization or entity where the person serving the sentence works may submit the request on their behalf.

2. Documents specified in Points a, b, and c of Clause 1, Article 104 of the Criminal Enforcement Law.

3. In cases where the convicted person who is sentenced to non-custodial probation has performed meritorious acts, the file must include a decision on commendation or a confirmation letter from the competent authority regarding the person's meritorious acts (for example: Certificate of Merit, Medal of Merit, Patent or Certificate of Exclusive Right to an Invention issued by the competent authority or person with authority).

4. In cases where the convicted person sentenced to non-custodial probation suffers from a serious illness, the file must contain a conclusion from the Medical Appraisal Board or a copy of the medical record, a conclusion from a provincial hospital or higher-level military hospital, or a conclusion from a public forensic organization regarding the health condition of the convicted person.

For a convicted person sentenced to non-custodial probation who is infected with HIV and has progressed to clinical stage IV, there must be a test result confirming the HIV infection according to the Ministry of Health's regulations and a copy of the medical record or a conclusion from a competent health authority affirming that the person has progressed to clinical stage IV, is currently suffering from opportunistic infections, has a poor prognosis, and is at high risk of death.

5. In cases where the convicted person sentenced to non-custodial probation has complied well with the law, has particularly difficult family circumstances, and it is assessed that they no longer pose a danger to society, there must be a confirmation and assessment from a competent authority.

6. Other related documents.

Article 10. Procedure for Requesting Exemption from Execution of Non-Custodial Probation Punishment

1. The procedure for requesting exemption from execution of non-custodial probation punishment shall be carried out in accordance with the provisions of Clause 1, Article 104 of the Criminal Enforcement Law.

2. The Public Security Office of the commune where the person serving the sentence resides is responsible for advising and assisting the People's Committee of the commune assigned to supervise and educate the person serving the non-custodial probation punishment to review persons who meet the conditions for exemption from execution of non-custodial probation punishment, and report to the criminal enforcement agency of the public security office at the district level.

Article 11. Procedure for considering and deciding on exemption from serving a suspended sentence without imprisonment

1. The court shall organize a hearing to consider and decide on exemption from serving a suspended sentence without imprisonment in accordance with Clause 2 of Article 104 of the Criminal Execution Law. At least three days before the hearing, the court shall notify in writing the same-level People's Procuracy to send a Prosecutor to attend the hearing. In case the assigned Prosecutor cannot attend the hearing, the People's Procuracy must assign another person to participate.

If additional materials are needed or if the materials are unclear, the presiding Judge at the hearing shall request the same-level People's Procuracy to provide additional materials or clarify the unclear materials. Within three working days from the date of receiving the court's request, the same-level People's Procuracy must submit additional materials or clarify the unclear materials to the court.

2. Procedure for considering exemption from serving a suspended sentence without imprisonment

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

b) A member of the Council presents the file requesting consideration of exemption from serving a suspended sentence without imprisonment.

c) The representative of the People's Procuracy presents the viewpoint of the People's Procuracy on the matter of exemption from serving a suspended sentence without imprisonment and compliance with the law in the process of considering such exemption.

d) The Council discusses and decides.

3. Based on reviewing the file and the opinion of the People's Procuracy representative, the Council considering exemption from serving a suspended sentence without imprisonment decides:

a) To accept the request for exemption from serving a suspended sentence without imprisonment;

b) Not to accept the request for exemption from serving a suspended sentence without imprisonment.

4. Content of the decision on exemption from serving a suspended sentence without imprisonment includes:

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, year of birth, place of residence of the person proposed for exemption from serving the sentence, and the place of execution of the sentence;

đ) Number, date, and year of the effective judgment or decision of the court; number, date, and year of the decision to enforce the non-custodial corrective punishment;

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

g) The court's decision;

h) Legal effect.

5. The decision exempting from serving, or not accepting exemption from serving a suspended sentence without imprisonment becomes legally binding from the day the protest period expires. The procedure and process for handling protests are carried out in accordance with Chapters XXII, XXV, and XXVI of the Criminal Procedure Code.

Article 12. Implementation of the decision exempting from serving a suspended sentence without imprisonment

Within three working days from the date of receipt of the decision exempting from serving a suspended sentence without imprisonment, the criminal execution agency of the provincial police, the criminal execution agency of the military region shall complete the procedures to terminate the execution of the sentence for the person serving a suspended sentence without imprisonment.

Chapter IV

PROCEDURE AND PROCEDURES FOR EXEMPTION FROM SERVING THE REMAINING PERIOD OF BAN ON RESIDENCE AND SUPERVISION

Article 13. File for Requesting Consideration of Exemption from Serving the Remaining Period of Ban on Residence and Supervision

1. Application for exemption from serving the remaining period of ban on residence and supervision by the person serving the sentence. In cases where the person serving the sentence is unable to make the application themselves, a close relative of the person serving the sentence or a representative of the organization where the person serves may apply on their behalf.

2. Materials prescribed in Points a, b, c, and d of Clause 1 of Article 110 and Points a, b, c, and d of Clause 1 of Article 117 of the Criminal Execution Law.

Article 14. Procedure for requesting exemption from remaining residence prohibition and probation period

1. The procedure for requesting exemption from the remaining residence prohibition and probation period shall be carried out in accordance with Clause 1 of Article 110 and Clause 1 of Article 117 of the Criminal Execution Law.

Article 15. Procedure for considering and deciding on exemption from the remaining residence prohibition and probation period

1. The court shall organize a session to consider and decide on exemption from the remaining residence prohibition and probation period in accordance with Clause 2 of Article 110 and Clause 2 of Article 117 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.

In case additional materials or unclear materials need to be supplemented, the presiding Judge of the session shall request the criminal execution agency of the county-level public security organ to supplement or clarify 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 request from the court, the agency requesting exemption from the remaining residence prohibition and probation period must submit supplementary materials or clarify the unclear materials to the court and the same-level People's Procuracy.

2. Procedure and process for considering exemption from the remaining residence prohibition and probation period

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

b) A member of the Council presents the file requesting consideration of exemption from the remaining residence prohibition and probation period.

c) The Prosecutor presents the viewpoint of the People's Procuracy regarding the request for exemption from the remaining residence prohibition and probation period by the requesting agency and compliance with the law in the process of considering exemption from the remaining residence prohibition and probation period.

d) The Council discusses and decides.

3. Based on the file and the request of the representative of the People's Procuracy, the Council considering exemption from the remaining residence prohibition and probation period decides:

a) To accept the request for exemption from the remaining residence prohibition and probation period;

b) Not to accept the request for exemption from the remaining residence prohibition and probation period.

4. Content of the decision on exemption from the remaining residence prohibition and probation period includes:

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, year of birth, place of residence of the person proposed for exemption from the remaining residence prohibition and probation period;

đ) Number, date, month, year of the judgment or decision having legal effect of the court; number, date, month, year of the enforcement decision.

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

g) The court's decision;

h) Legal effect.

5. The decision on exemption from, or non-acceptance of exemption from, the remaining residence prohibition and probation period becomes legally effective from the date the protest period expires. The procedures and processes for handling protests are implemented in accordance with Chapters XXII, XXV, and XXVI of the Criminal Procedure Code.

Article 16. Enforcement of the decision to exempt from serving the remaining period of residence ban and probation

Within three working days from the date of receipt of the decision to exempt from serving the remaining period of residence ban and probation, the criminal execution agency of the provincial police proceedings for issuing a certificate of completion of the execution of the residence ban and probation penalty shall be carried out in accordance with Clause 5 of Article 107 and Clause 5 of Article 112 of the Criminal Execution Law.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from November 26, 2021 and replaces Circular Jointly Issued No. 09/2012/TTLT-BCA-BQP-TANDTC-VKSNDTC issued on August 16, 2012 by the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy guiding the reduction and exemption of the term of execution of suspended sentences and the exemption from serving the remaining period of residence ban and probation.

Article 18. 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 Circular Jointly Issued, 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.