Joint Circular No. 09/2012/TTLT-BCA-BQP-TANDTC-VKSNDTC guiding the reduction and exemption of the term of execution of suspended imprisonment sentences and the exemption from serving remaining terms of residence prohibition and surveillance.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint Circulars apply to persons executing non-custodial reform sentences, residence prohibition, and control; relevant agencies, units, organizations, and individuals involved in the enforcement of non-custodial reform sentences, residence prohibition, and control.

Article 2. Applicability

In these joint Circulars, the following terms are understood as follows:

Article 3. Explanation of Terms

Significant progress

1. refers to the situation where the person executing the sentence has made significant efforts, strived hard, and achieved many accomplishments in fulfilling the sentence and strictly adhering to state policies, laws, local regulations, and rules of the place of residence or work. Outstanding achievement

2. Seriously ill person refers to the case where the person executing the sentence has outstanding achievements in labor, study, work, or combat recognized by competent state authorities through awards or confirmation.

3. Significant meritorious service refers to the case where the person executing the sentence has taken actions that help state authorities discover, arrest, investigate crimes; save people in dangerous situations or save property (with a value of thirty million VND or more) belonging to the state, collective entities, or citizens during natural disasters, fires, epidemics, accidents; have inventions, innovations, or initiatives with value recognized by competent state authorities through awards or confirmation.

4. Suffering from serious illness Seriously ill

5. refers to cases where the person executing the sentence suffers from life-threatening diseases that are difficult to treat, such as terminal cancer, cirrhosis, severe tuberculosis resistant to treatment, polio, stage 3 heart failure, stage 4 or higher kidney failure; AIDS patients with opportunistic infections unable to care for themselves and at high risk of death. Elderly and frail person

6. refers to a person aged 70 years or older or a person aged 60 years or older but frequently ill. Person sentenced who no longer poses a danger to society

Article 4. Principles for considering reduction and exemption of the term of execution of the sentence

1. Compliance with legal regulations.

2. Ensuring socialist leniency, humanitarianism, and equality before the law.

3. Ensuring the rights and legitimate interests of persons subject to non-custodial reform sentences, residence prohibition, and control.

4. Encouraging persons subject to sentences to voluntarily strive, actively study, work diligently, strictly comply with court judgments and enforcement decisions, and fulfill their obligations as persons subject to sentences.

Article 5. Model documents attached for issuance

Attached to this Circular are the following model documents:

1. Request document of the People's Committee of the commune regarding reduction or exemption of the term of execution of suspended imprisonment, residence prohibition, and probation.

2. Request document of the Criminal Enforcement Agency of the Public Security Office at the district level regarding reduction or exemption of the term of execution of suspended imprisonment, residence prohibition, and probation.

3. Decision on reduction of the term of execution of suspended imprisonment.

4. Decision on non-acceptance of reduction of the term of execution of suspended imprisonment.

5. Decision on exemption from execution of suspended imprisonment.

6. Decision on non-acceptance of exemption from execution of suspended imprisonment.

7. Decision on exemption from execution of remaining term of residence prohibition and probation.

8. Decision on non-acceptance of exemption from execution of remaining term of residence prohibition.

9. Decision on exemption from execution of remaining term of probation.

10. Decision on non-acceptance of exemption from execution of remaining term of probation.

Chapter II

REDUCTION OF THE TERM OF EXECUTION OF SUSPENDED IMPRISONMENT NOT IN PRISON

Article 6. Conditions for reduction of the term of execution of suspended imprisonment

A person serving a suspended imprisonment sentence may be decided by the People's Court at the district level or Military Region Court to reduce the term of execution when meeting all of the following conditions:

1. Having served one-third of the sentence; for minors, one-fourth of the sentence.

2. Showing significant progress.

Article 7. Level of reduction of the term of execution of suspended imprisonment

1. A person serving a suspended imprisonment sentence may be considered for reduction of the term of execution once a year, with each reduction potentially being up to nine months. In cases where, within that year, after having their term reduced, they have special reasons for leniency such as new meritorious acts or serious illness, they may be considered for further reduction but not more than twice in a year.

2. A person serving a suspended imprisonment sentence may be reduced multiple times but must ensure that the actual time served is half the sentence length; for minors serving a suspended imprisonment sentence, the actual time served must be two-fifths of the sentence length.

Article 8. Reduction of the term of execution of suspended imprisonment in special cases

1. A person serving a suspended imprisonment sentence who has performed meritorious acts, is too old or seriously ill, and has served one-fourth of the sentence may be considered for reduction of the term of execution, with each reduction potentially being up to one year, but must ensure that the actual time served is two-fifths of the sentence length.

2. A minor serving a suspended imprisonment sentence who performs meritorious acts or suffers from serious illness may be immediately considered for reduction. If they have served two-fifths of the sentence and, after reduction, the remaining term of execution does not exceed one year, they may be granted full reduction of the remaining term.

Article 9. Procedure for requesting reduction of the term of execution of suspended imprisonment

1. When a person serving a suspended imprisonment sentence meets the conditions stipulated in Article 6 or Article 8 of this Joint Circular, the Head of the Public Security Station where the person resides shall be responsible for assisting the People's Committee of the commune in organizing a meeting or the Head of the military unit assigned to supervise and educate the person serving a suspended imprisonment sentence must organize a meeting to establish a file and request the Criminal Enforcement Agency of the Public Security Office at the district level where the person serving a suspended imprisonment sentence resides or the Criminal Enforcement Agency of the Military Region where the person works to consider and request reduction of the term of execution of suspended imprisonment for them.

2. The meeting to consider and request reduction of the term of execution of suspended imprisonment organized by the People's Committee of the commune shall be chaired by the Chairman or Vice-Chairman of the People's Committee of the commune, with participants including representatives of the United Front, Public Security, and Justice offices at the commune level, and the presence of the person directly assigned to supervise and educate the person serving the sentence. The meeting to consider and request reduction of the term of execution of suspended imprisonment organized by the military unit shall be chaired by the Head or Deputy Head of the military unit, with participants including representatives of organizations within the military unit and the person directly assigned to supervise and educate the person serving the sentence.

3. The file for requesting consideration of reduction of the term of execution of suspended imprisonment by the People's Committee of the commune or military unit includes:

a) Copy of the judgment. For cases of considering reduction from the second time onwards, the copy of the judgment is replaced by a copy of the enforcement decision;

b) Decision on reduction of the term of execution (if the person serving a suspended imprisonment sentence has already had their sentence reduced);

c) Request document for reduction of the term of execution of suspended imprisonment by the People's Committee of the commune or military unit;

d) Decision on commendation or certificate issued by the competent authority regarding the person serving the sentence performing meritorious acts (if applicable);

đ) Conclusion of provincial hospitals, military region hospitals, or higher-level hospitals regarding the health condition (if the person serving a suspended imprisonment sentence suffers from serious illness). In cases where the person is too old, there must be confirmation from healthcare services at the commune level or higher or military medical personnel of the military unit assigned to supervise and educate the person serving the sentence;

e) Application for reduction of the term of execution of suspended imprisonment by the person serving the sentence (if they submit an application).

4. Within five working days from the date of receipt of the file for requesting consideration of reduction of the term of execution of suspended imprisonment by the People's Committee of the commune or military unit, the Criminal Enforcement Agency of the Public Security Office at the district level or the Criminal Enforcement Agency of the Military Region must establish a file according to Clause 1 of Article 77 of the Law on Execution of Criminal Sentences and send a request for reduction of the term of execution of suspended imprisonment to the People's Court at the same level or Military Region Court for consideration and decision. At the same time, a copy of the file for requesting reduction of the term of execution of suspended imprisonment must be sent to the same-level People's Procuracy for knowledge.

Article 10. Procedure for Reviewing and Deciding on Reduction of the Term of Execution of Non-Custodial Probation Sentence

1. Within three working days from the date of receiving the file requesting reduction of the term of execution of non-custodial probation sentence, the President of the People's Court at the district level where the person subject to the non-custodial probation sentence resides or the President of the Military Court in the region where the person subject to the non-custodial probation sentence works shall establish a Council for Reviewing Reduction of the Term of Execution of Non-Custodial Probation Sentence and assign a Judge to study the file requesting reduction of the term of execution of non-custodial probation sentence. Within five working days from the date of accepting the file, the assigned Judge must set a date for the hearing to review reduction of the term of execution of non-custodial probation sentence and notify in writing the same-level Prosecution Office to appoint a Prosecutor to attend the hearing. The time limit for holding the hearing shall not exceed fifteen days from the date the Court receives the file requesting reduction of the term of execution of non-custodial probation sentence.

In cases where additional materials are required or the materials are unclear, the Judge may request the agency proposing the supplementary materials or provide further clarification. In such cases, the time limit for holding the hearing shall be calculated from the date the Court receives the supplementary materials or written comments on the issues requiring further clarification.

2. The Council for Reviewing Reduction of the Term of Execution of Non-Custodial Probation Sentence consists of three Judges or two Judges and one Lay Judge (for district courts and military regional courts that do not have three Judges), with the participation of a Prosecutor from the same-level Prosecution Office.

3. Procedure for reviewing reduction of the term of execution of non-custodial probation sentence:

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

b) The representative of the Prosecution Office makes a statement;

c) The Board discusses and decides.

4. Based on the file and the opinion of the representative of the Prosecution Office, the Council for Reviewing Reduction of the Term of Execution of Non-Custodial Probation Sentence decides:

a) Accepting the entire or part of the request for reduction of the term of execution of the sentence.

In case of accepting the entire request for reduction of the term of execution of non-custodial probation sentence, if the remaining term of execution is less than one month, the Council may decide to reduce the entire remaining term.

b) Not accepting the request for reduction of the term of execution of the sentence;

5. Content of the decision on reduction of the term of execution of non-custodial probation sentence:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Composition of the Council for Reviewing Reduction of the Term of Execution of Non-Custodial Probation Sentence;

d) Name and address of the person whose term of execution is requested to be reduced;

đ) The Court's assessment and grounds for acceptance or rejection. In case of not accepting the request for reduction of the term of execution of the sentence, the reasons must be clearly stated.

Chapter III

EXEMPTION FROM EXECUTION OF NON-CUSTODIAL PROBATION SENTENCE

Article 11. Conditions for Exemption from Execution of Non-Custodial Probation Sentence

A person sentenced to non-custodial probation may be exempted from execution of the sentence by the People's Court at the district level or the Military Regional Court when they meet all the following conditions:

1. Having performed significant meritorious service or suffering from a serious illness.

2. No longer posing a danger to society.

Article 12. Procedure for Requesting Exemption from Execution of Non-Custodial Probation Sentence

1. In cases where a person sentenced to non-custodial probation has received a judgment enforcement decision but has not yet executed the sentence and meets all the conditions stipulated in Article 11 of this Circular, the People's Prosecution Office at the district level or the Military Regional Prosecution Office where the person subject to the sentence resides or works may itself or upon the proposal of the Criminal Enforcement Agency of the Public Security Department at the district level or the Criminal Enforcement Agency of the Military Region, examine, prepare a file and propose the same-level Court to consider exemption from execution of the sentence.

2. In cases where a person sentenced to non-custodial probation is currently executing the sentence and meets all the conditions stipulated in Article 11 of this Circular and has submitted a request for exemption from execution of the sentence, the Head of the Police Station at the commune, who is responsible for assisting the People's Committee at the commune in organizing a meeting, or the Head of the military unit must organize a meeting to prepare a file and propose the Criminal Enforcement Agency of the Public Security Department at the district level or the Criminal Enforcement Agency of the Military Region where the person subject to the non-custodial probation sentence resides or works to consider and propose exemption from execution of the non-custodial probation sentence.

The meeting to consider and propose exemption from execution of the non-custodial probation sentence organized by the People's Committee at the commune shall be chaired by the Chairman or Vice-Chairman of the People's Committee at the commune, with the participation of representatives of the People's Front, Police, and Justice at the commune level, and the presence of the person directly responsible for supervising and educating the person subject to the sentence; the meeting to consider and propose exemption from execution of the non-custodial probation sentence organized by the military unit shall be chaired by the Head or Deputy Head of the military unit, with the participation of representatives of organizations within the military unit, and the presence of the person directly responsible for supervising and educating the person subject to the sentence.

3. The file requesting exemption from execution of the non-custodial probation sentence includes:

a) A copy of the judgment that has taken legal effect;

b) The application for exemption from execution of the sentence by the person subject to the non-custodial probation sentence or their lawful representative under the law;

c) The written proposal for exemption from execution of the non-custodial probation sentence by the People's Committee at the commune or the military unit;

d) Decision on commendation or certificate issued by the competent authority in cases of meritorious service (if applicable);

đ) The conclusion document of the provincial hospital or military regional hospital regarding the health condition in cases of serious illness (if applicable).

4. Within five working days from the date of receiving the file requesting consideration of exemption from execution of the non-custodial probation sentence from the People's Committee at the commune or the military unit, the Criminal Enforcement Agency of the Public Security Department at the district level or the Criminal Enforcement Agency of the Military Region has the responsibility to examine and propose in writing along with the file of the People's Committee at the commune or the military unit to the same-level Prosecution Office to consider and propose exemption from execution of the non-custodial probation sentence.

Within five working days from the date of receiving the proposal from the criminal enforcement agency, the same-level Prosecution Office must examine and prepare a file in accordance with Clause 1 of Article 78 of the Law on Execution of Criminal Sentences to propose the same-level Court to consider and decide.

Article 13. Procedure for considering and deciding on exemption from serving non-custodial corrective punishment

1. Within three working days from the date of receiving the file requesting exemption, the President of the People's Court at district level or the President of the Military Court in the area where the person subject to non-custodial corrective punishment resides or works must establish a Board to consider exemption from serving non-custodial corrective punishment and assign a Judge to study the file requesting exemption from serving non-custodial corrective punishment. Within five working days from the date of accepting the file, the assigned Judge must set a date for the hearing to consider exemption from serving non-custodial corrective punishment and notify in writing the same-level People's Procuracy to send a Prosecutor to attend the hearing. The time limit for holding the hearing shall not exceed fifteen days from the date the court receives the file requesting exemption from serving non-custodial corrective punishment.

In cases where additional materials are required or the materials are unclear, the Judge requests the agency proposing the supplementary materials or to clarify further. In this case, the time limit for holding the hearing is calculated from the date the court receives the supplementary materials or the written opinion on the issues that need further clarification.

2. The Board to consider exemption from serving non-custodial corrective punishment consists of three Judges or two Judges and one Lay Judge (for district courts and military courts without three Judges). A Prosecutor from the same-level People's Procuracy participates in the Board.

3. Procedure for considering exemption from serving non-custodial corrective punishment:

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

b) The representative of the Prosecution Office makes a statement;

c) The Board discusses and decides.

4. Based on reviewing the file and the opinions of the representatives of the People's Procuracy, the Board to consider exemption from serving non-custodial corrective punishment decides:

a) To accept the request for exemption from serving the sentence;

b) Not to accept the request for exemption from serving the sentence;

5. Content of the decision on exemption or non-exemption from serving non-custodial corrective punishment:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Composition of the Board to consider exemption from serving non-custodial corrective punishment;

d) Name and surname of the person proposed for consideration of exemption from serving the sentence, place of serving the sentence;

đ) The Court's assessment and grounds for accepting or not accepting the request for exemption from serving the sentence. In cases where the request for exemption from serving the sentence is not accepted, the reasons must be clearly stated.

Chapter IV

EXEMPTION FROM SERVING THE PERIOD OF PROHIBITION ON RESIDENCE,

SUPERVISION REMAINING

Article 14. Conditions for exemption from serving the remaining period of prohibition on residence, supervision

A person subject to the penalty of prohibition on residence or supervision may be decided by the People's Court at district level to exempt from serving the remaining period of prohibition on residence or supervision when meeting all of the following conditions:

1. Having served half of the sentence duration.

2. Showing progressive rehabilitation.

Article 15. Procedure for requesting exemption from serving the remaining period of prohibition on residence, supervision

1. When a person subject to the penalty of prohibition on residence or supervision meets the conditions stipulated in Article 14 of this Circular and has a request for exemption from serving the remaining period of prohibition on residence or supervision, the Head of the Police Station at commune level where the person subject to prohibition on residence or supervision serves the sentence has the duty to help the People's Committee at commune level organize a meeting to prepare the file and propose the Criminal Enforcement Agency of the Police Station at district level to examine and propose exemption from serving the remaining period of prohibition on residence or supervision for them.

2. The file for requesting examination of exemption from serving the remaining period of prohibition on residence or supervision includes:

a) Copy of the judgment; copy of the enforcement decision;

b) Request for exemption from serving the remaining period of prohibition on residence or supervision from the People's Committee at commune level;

c) Request for exemption from serving the sentence from the person subject to prohibition on residence or supervision;

d) Other related documents (if any).

3. Within five working days from the date of receiving the file requesting exemption from the People's Committee at commune level, if the Criminal Enforcement Agency of the Police Station at district level finds that exempting the person subject to prohibition on residence or supervision from serving the remaining period of the penalty does not affect public security, social order, and safety, it must prepare the file according to Clause 1 of Article 86 or Clause 1 of Article 95 of the Law on Execution of Criminal Sentences and make a request for exemption from serving the remaining period of prohibition on residence or supervision to the same-level People's Court where the person subject to the sentence resides for examination and decision. At the same time, it sends a copy of the file requesting exemption from serving the remaining period of prohibition on residence or supervision to the same-level People's Procuracy for knowledge.

Article 16. Procedure for reviewing and deciding on exemption from serving remaining periods of residence ban or surveillance

1. Within three working days from the date of receiving the application file, the Chief Judge of the People's Court at district level where the person executing the sentence resides shall establish a Review Board for Exemption from Serving Remaining Periods of Residence Ban or Surveillance and assign a Judge to study the application file for exemption from serving remaining periods of residence ban or surveillance. Within five working days from the date of accepting the file, the assigned Judge must set a date for the hearing to review the exemption from serving remaining periods of residence ban or surveillance and notify in writing the same-level Procuracy to send a Prosecutor to attend the hearing. The hearing date shall not exceed fifteen days from the date the Court receives the application file. In cases where additional files are required or the file is unclear, the Judge requests the proposing agency to supplement or clarify. In this case, the hearing date is calculated from the date the Court receives the supplementary documents or written opinions on issues that need clarification.

2. The Review Board for Exemption from Serving Remaining Periods of Residence Ban or Surveillance consists of three Judges or two Judges and one Lay Judge (for district-level Courts without three Judges), with the participation of a Prosecutor from the same-level Procuracy.

3. Procedure for reviewing exemption from serving remaining periods of Residence Ban or Surveillance:

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

b) The representative of the Prosecution Office makes a statement;

c) The Board discusses and decides.

4. Based on examination of the file and the opinion of the Procuracy representative, the Review Board for Exemption from Serving Remaining Periods of Residence Ban or Surveillance decides:

a) To accept the proposal for exemption from serving remaining periods of punishment;

b) Not to accept the proposal for exemption from serving remaining periods of punishment;

5. Content of the decision to exempt or not exempt from serving remaining periods of Residence Ban or Surveillance:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Composition of the Review Board for Exemption from Serving Remaining Periods of Residence Ban or Surveillance;

d) Name and surname of the person proposed for exemption from serving remaining periods of Residence Ban or Surveillance, place of execution of the sentence;

đ) The Court's assessment and grounds for accepting or not accepting the proposal for exemption from serving remaining periods of Residence Ban or Surveillance; if the decision is not accepted, the reasons must be clearly stated.

Chapter V

OBJECTION AND APPEAL AGAINST DECISIONS ON REDUCTION OR EXEMPTION FROM SERVING SENTENCE PERIODSTERM OF ENFORCEMENT OF JUDGMENTS

Article 17. Issuing decisions on reduction or exemption from serving sentence periods

1. Decisions of the Court on reducing or exempting from serving periods of non-custodial reformatory punishment shall be sent to agencies as provided for in Clause 3, Article 77 and Clause 3, Article 78 of the Criminal Execution Law.

2. Decisions of the Court on exempting from serving remaining periods of Residence Ban or Surveillance shall be sent to agencies as provided for in Clause 3, Article 86 and Clause 3, Article 95 of the Criminal Execution Law.

Article 18. Objection and appeal against decisions on reduction or exemption from serving sentence periods

1. Decisions of the Court on reducing or exempting from serving periods of non-custodial reformatory punishment and exempting from serving remaining periods of Residence Ban or Surveillance may be objected by the same-level Procuracy or the superior Procuracy through appellate procedure. The objection period for the same-level Procuracy is seven days, and for the superior Procuracy is fifteen days, from the date the Court issues the decision.

2. Appeals against decisions of the Court on reducing or exempting from serving periods of non-custodial reformatory punishment and exempting from serving remaining periods of Residence Ban or Surveillance shall be conducted in accordance with Article 253 of the Criminal Procedure Code.

3. Decisions of the Court on reducing or exempting from serving periods of non-custodial reformatory punishment and exempting from serving remaining periods of Residence Ban or Surveillance, which are not objected, shall take effect upon expiration of the objection period under the appellate procedure.

Chapter VI

IMPLEMENTATION

Article 19. Effective Date

This Circular takes effect from October 1, 2012.

Previous guiding documents of the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy that conflict with this Circular are abolished.

Article 20. Responsibility for Implementation

Criminal enforcement agencies at all levels under the Ministry of Public Security and the Ministry of National Defense; agencies under the Courts and Prosecution Offices at all levels are responsible for implementing this Circular. During the implementation of this Circular, if there are difficulties, 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./.