Circular No. 12/2018/TT-BCA on the implementation of conditional early release from imprisonment within the People's Public Security Forces

CIRCULAR
Article 24regulating the implementation of conditional early release
within the People's Public Security Force

Pursuant to the Criminal Code of 2015 (amended and supplemented in 2017);

Pursuant to the Criminal Procedure Code 2015;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the General Department of Judicial Police for Criminal Enforcement and Legal Assistance;

4. Decision establishing the examination and evaluation board for fire-fighting and rescue operations training results (Form No. 04). implementing conditional early release within the People's Public Security.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the implementation of conditional early release within the People's Public Security; the relationship of coordination among public security units and localities and other relevant agencies, organizations, and individuals in the implementation of conditional early release within the authority of the People's Public Security force.

2. This Circular applies to public security units and localities in the implementation of conditional early release; prisoners, persons conditionally released, and relevant agencies, organizations, and individuals.

Article 2. Principles of implementing conditional early release within the People's Public Security

1. Compliance with the Constitution and laws.

2. Ensuring objectivity, transparency, correct subjects, appropriate authority, and proper procedures.

3. Ensuring strict and effective management, supervision, and education of persons conditionally released during the probation period.

4. The work of conditional early release must be implemented uniformly with close coordination between public security units and localities from the stage of examination and recommendation for conditional early release to the stage of managing, supervising, and educating persons conditionally released during the probation period and after completion of the criminal sentence; ensuring social security and public order.

Article 3. Budget for implementing conditional early release within the People's Public Security

1. The budget for implementing conditional early release within the People's Public Security is allocated in the annual state budget plan of the Ministry of Public Security assigned to public security units and localities.

2. Public security units and localities shall proactively advise local authorities to ensure the budget or mobilize funds from other lawful sources according to the law to serve the management, supervision, and education of persons conditionally released.

Article 4. Forms and ledgers for conditional early release

1. This Circular promulgates forms and ledgers used in the work of conditional early release. (Annex attached)

2. The agency managing criminal enforcement under the Ministry of Public Security shall guide public security units and localities in managing and using the system of forms and ledgers; annually estimate the quantity of forms and ledgers required for conditional early release to print and distribute to public security units and localities.

3. In cases where it is necessary to amend the content of information in forms and ledgers, the agency managing criminal enforcement under the Ministry of Public Security shall coordinate with relevant units to make the amendments. In cases where it is necessary to supplement, abolish, or replace forms and ledgers in the list of forms and ledgers for conditional early release, the agency managing criminal enforcement under the Ministry of Public Security shall report to the Minister for decision.

Chapter II
EXAMINATION, RECOMMENDATION FOR CONDITIONAL EARLY RELEASE AND ANNOUNCEMENT OF THE DECISION ON CONDITIONAL EARLY RELEASE

Article 5. The agency assisting in the implementation of the examination and recommendation for conditional early release from prison under the Public Security units and localities

1. The Appraisal Board for the examination and recommendation for conditional early release from prison of the Criminal Execution Management Agency of the Ministry of Public Security shall be established by the Head of the Criminal Execution Management Agency of the Ministry of Public Security, comprising leaders and officers from functional units responsible for management, detention, and education of prisoners; and management, supervision, and education of persons conditionally released before their full term. The number and structure shall be decided by the Head of the Criminal Execution Management Agency of the Ministry of Public Security.

In necessary cases, the Criminal Execution Management Agency of the Ministry of Public Security may invite representatives of the Investigation Security Agency and the Investigation Police Department under the Ministry of Public Security to attend meetings of the Board examining and recommending conditional early release from prison.

2. Public Security units and localities shall establish the Board examining and recommending conditional early release from prison as follows:

a) For prisons: The Board examining and recommending conditional early release from prison shall be established by the Warden of the prison, comprising: the Warden as Chairman, the Deputy Warden in charge of educational work as a permanent member, the file officer as a permanent secretary, the Education Team Leader and the file officer as a secretary, and other members being Deputy Wardens and Team Leaders of teams within the prison;

b) For temporary detention centers under the Ministry of Public Security and temporary detention centers under provincial public security agencies: The Board examining and recommending conditional early release from prison shall be established by the Warden, comprising: the Warden as Chairman, the Deputy Warden in charge of prisoner management division as a permanent member, the Strategic Planning Team Leader as a secretary, and other members being Division Chiefs of prisoner management, Educational Team Leaders, and Company Commanders of Security Guards;

c) For criminal execution agencies at provincial public security agencies: The Board examining and recommending conditional early release from prison shall be established by the Head of the criminal execution agency at the provincial public security agency, comprising: the Head of the criminal execution agency at the provincial public security agency as Chairman, the Deputy Head of the criminal execution agency at the provincial public security agency as a permanent member, the Team Leader of the team guiding criminal execution and community integration under the Criminal Enforcement Police and Legal Aid Department as a secretary, and other members being Deputy Heads of the criminal execution agency at the provincial public security agency, and Heads of criminal execution agencies at county-level public security agencies having prisoners subject to examination and recommendation for conditional early release from prison.

In necessary cases, the criminal execution agency at the provincial public security agency may invite representatives of the Investigation Security Agency and the Investigation Police Department under the provincial public security agency to attend meetings of the Board examining and recommending conditional early release from prison.

3. County-level criminal execution agencies shall not establish a Board examining and recommending conditional early release from prison but shall organize meetings to examine and recommend conditional early release from prison for prisoners, with participants including: the Head of the criminal execution agency at the county-level public security agency as chairperson, the Deputy Head of the criminal execution agency at the county-level public security agency, the commanding officer of the Criminal Enforcement and Legal Aid Police, the Chief of the Detention House, and an officer of the Criminal Enforcement and Legal Aid Police Team. At the meeting, the chairperson shall designate one member to serve as secretary to record the contents and draft the minutes of the meeting.

Article 6. Examination and Proposal for Conditional Early Release of Prisoners

The examination and proposal for conditional early release of prisoners serving sentences at prisons, detention centers, and criminal enforcement agencies under the public security departments at district level (collectively referred to as detention facilities) shall be implemented in accordance with Articles 4, 5, 7, and 8 of Circular Joint Circular No. 04/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC dated February 9, 2018, issued by the Ministry of Public Security, the Ministry of Defense, the Supreme People's Court, and the Supreme People's Procuracy on the coordination in implementing the provisions of the Criminal Procedure Code 2015 regarding conditional early release. (Joint Circular No. 04/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC).

Article 7. Announcing the Decision on Conditional Early Release and Releasing Released Prisoners

1. Upon receipt of the decision on conditional early release, the detention facility shall organize the announcement of the court's decision on conditional early release to the prisoner currently serving the sentence and proceed to release the prisoner who has been conditionally released.

The warden of the prison or detention center, or the head of the criminal enforcement agency under the public security department at district level, shall issue a certificate of conditional early release, the court's decision on conditional early release; provide travel money, clothing, and other benefits as provided to prisoners who have completed their sentences.

2. After releasing the prisoner, the detention facility shall complete the prisoner's file and transfer it to the criminal enforcement agency under the public security department at district level where the prisoner is residing (the place where the probation period is served) for management and to serve the work of managing, supervising, and educating those conditionally released. The detention facility may transfer all prisoner files in the same batch of conditional early releases to the criminal enforcement agency under the provincial public security department for transfer to the criminal enforcement agency under the public security department at district level. The transfer of prisoner files must be recorded in a record and kept in the prisoner's file.

In case the prisoner's file lacks documents or the documents do not meet the requirements, the detention facility must supplement them according to the requirements of the criminal enforcement agency under the provincial public security department or the criminal enforcement agency under the public security department at district level.

Chapter III
MANAGEMENT, SUPERVISION, AND EDUCATION OF PERSONS CONDITIONALLY RELEASED

Article 8. Accepting the Decision on Conditional Early Release and Establishing the File for Implementing the Decision on Conditional Early Release

1. Within three days from the date of receipt of the decision on conditional early release, the criminal enforcement agency under the public security department at district level shall implement:

a) The head of the criminal enforcement agency under the public security department at district level shall assign an officer from the criminal enforcement agency under the public security department at district level to monitor the management, supervision, and education of persons conditionally released;

b) Enter the person conditionally released into the monitoring register;

c) Establish the file for implementing the decision on conditional early release (hereinafter referred to as the file for conditional early release);

d) Summon the person conditionally released and the legal representative of the person conditionally released (if the person conditionally released is under eighteen years old) to the office of the criminal enforcement agency under the public security department at district level to handle the procedures for implementing the decision on conditional early release.

If the person conditionally released does not appear within the summons period without a valid reason, the criminal enforcement agency under the public security department at district level must investigate. If the investigation is successful, they must require the person to appear at the office of the criminal enforcement agency under the public security department at district level to handle the procedures for implementing the decision on conditional early release and record the violation of the obligations of conditional early release. If the investigation is unsuccessful, report to the criminal enforcement agency under the provincial public security department to carry out the procedures as prescribed.

2. In case the person conditionally released voluntarily appears at the office of the criminal enforcement agency under the public security department at district level before receiving the court's decision on conditional early release, it shall be handled as follows:

a) If the person conditionally released presents the decision on conditional early release and the certificate of conditional early release, the criminal enforcement agency under the public security department at district level will still proceed with the tasks set forth in points a, b, and d of Clause 1 of this Article. After receiving the court's decision on conditional early release, establish the file for conditional early release;

b) If the person conditionally released does not have these documents, require them to return to their place of residence and must be present when summoned by the criminal enforcement agency under the public security department at district level.

3. Within three days from the date the person conditionally released appears at the office, the criminal enforcement agency under the public security department at district level shall implement:

a) Establish the information sheet of the person conditionally released;

b) Transfer the file for conditional early release to the police station at commune level where the probation period is served to advise the People's Committee at commune level to organize the management, supervision, and education of the person conditionally released. The transfer of the file must be recorded in a record and kept in the file for conditional early release and the prisoner's file.

Article 9. Implementation of the assignment of persons responsible for managing, supervising, and educating those released on conditional early parole

1. Within three days from the date of receiving the file for conditional early parole release, the commune police shall report to the Chairman of the People's Committee at the commune level about the receipt of the conditional early parole release file; select and propose to the Chairman of the People's Committee at the commune level to issue a decision assigning persons responsible for managing, supervising, and educating those released on conditional early parole. (hereinafter referred to as the person responsible for managing, supervising, and educating).

2. The Head of the Commune Police shall assign one officer or police officer to assist the Head of the Commune Police in performing the task of managing, supervising, and educating those released on conditional early parole.

Article 10. Implementation of summoning those released on conditional early parole to the People's Committee office at the commune level to complete procedures for implementing the conditional early parole release decision

1. After assigning persons responsible for managing, supervising, and educating, the commune police shall advise the People's Committee at the commune level to summon those released on conditional early parole to the office to complete procedures for implementing the conditional early parole release decision.

2. In cases where those released on conditional early parole voluntarily present themselves but the commune police have not yet received the conditional early parole release file, they shall report to the criminal enforcement agency of the county-level police to be aware of the procedures for implementing the conditional early parole release decision according to Article 8 of this Circular. Upon receiving the conditional early parole release file, they shall perform the tasks according to Article 9 and Clause 1 of Article 10 of this Circular.

3. In cases where those released on conditional early parole do not comply with the summons without a valid reason, a violation record shall be established and handled according to Article 14 of this Circular.

Article 11. Handling residence registration procedures for those released on conditional early parole

1. The commune police shall guide those released on conditional early parole to complete procedures for registering permanent residence and temporary residence in accordance with the law on residence.

2. The immigration management agency under the Ministry of Public Security shall guide public security units and localities to handle procedures for temporarily suspending departure for those released on conditional early parole.

3. In cases where those released on conditional early parole wish to leave their place of residence for one day or more, the commune police shall guide them and advise the People's Committee at the commune level to handle the matter as follows:

a) In cases where they leave their residential area for one to three days, they must report and obtain the consent of the person responsible for managing, supervising, and educating;

b) In cases where they leave their residential area for more than three days, they must report and obtain the consent of the People's Committee at the commune level and must declare temporary residence and temporary absence in accordance with the law on residence. Upon returning, they must submit a statement on compliance with the law during the period of temporary residence, confirmed by the commune police at the place of temporary residence, to be kept in the conditional early parole release file;

c) In cases where those released on conditional early parole are absent from their place of residence (for one day or more) without reporting and obtaining permission and consent from the competent authority, the commune police shall cooperate with the family to verify.

If verified, they shall require those released on conditional early parole to return and continue to implement the conditional early parole release decision and handle the violation of obligations according to the regulations. If not verified, they shall report to the criminal enforcement agency of the county-level police to report to the criminal enforcement agency of the provincial-level police to proceed with the procedures according to the regulations.

4. In cases where those released on conditional early parole wish to change their place of residence, the commune police shall guide them to write a request to change place of residence, confirmed by the People's Committee at the commune level where the probation period is being served (the place of departure) and confirmed by the People's Committee at the commune level where they wish to reside (the place of arrival), to be sent to the criminal enforcement agency of the county-level police.

a) The criminal enforcement agency of the county-level police at the place of departure shall base its decision on the wishes of those released on conditional early parole, the process of implementing the conditional early parole release decision, and specific circumstances and actual conditions to resolve or report to the competent authority for resolution according to the regulations;

b) When those released on conditional early parole change their place of residence, the criminal enforcement agency of the county-level police and the commune police at the place of residence where those released on conditional early parole arrive shall continue to perform the tasks of managing, supervising, and educating those released on conditional early parole according to the law.

Article 12. Remarks and Reports on Compliance with Decisions on Conditional Parole

1. The commune police shall guide persons conditionally paroled to report as follows:

a) Once every month, within the first three days of the month, submit to the person managing, supervising, and educating a self-assessment form regarding compliance with regulations for persons conditionally paroled(the self-assessment form of the person conditionally paroled);

b) Once every three months, within the first three days of the reporting month, submit to the commune People's Committee a report on compliance with regulations for persons conditionally paroled, confirmed by the person managing, supervising, and educating(the report of the person conditionally paroled).

2. The commune police shall guide the person managing, supervising, and educating to perform as follows:

a) Once every month, after receiving the self-assessment form of the person conditionally paroled pursuant to point a, Clause 1 of this Article, the person managing, supervising, and educating shall provide comments and remarks on the self-assessment form of the person conditionally paroled;

b) Once every three months, confirm the report of the person conditionally paroled before submitting it to the commune People's Committee pursuant to point b, Clause 1 of this Article;

c) Once every three months, within the first three days of the reporting month, submit to the commune People's Committee a remark on the compliance of the person conditionally paroled(the remark of the person managing, supervising, and educating),together with the self-assessment forms of the person conditionally paroled for retention in the conditional parole file.

3. The commune police shall advise the commune People's Committee as follows:

Once every three months, within the first five days of the reporting month, submit to the criminal enforcement agency of the county police a remark and evaluation of the results of probation for persons conditionally paroled.

Article 13. Implementation of Shortening the Probation Period for Conditional Parole

The examination, proposal for shortening the probation period for conditional parole, and implementation of the decision to shorten the probation period for conditional parole shall be carried out according to Articles 9, 10, 11, and 13 of Circular Jointly Issued No. 04/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC.

Article 14. Handling Cases Where Persons Conditionally Paroled Violate Obligations or Laws

1. If a person conditionally paroled violates their obligations or laws, the commune police shall prepare a violation record, retain the conditional parole file, and organize an inspection meeting as follows:

a) The commune police shall require the person conditionally paroled to write a self-inspection form regarding the violation of obligations or laws and advise the commune People's Committee to organize an inspection meeting;

b) In cases where the person conditionally paroled does not appear as required, the meeting shall still be held and a record of the meeting shall be prepared.

2. If a person conditionally paroled is subject to administrative penalties for violating laws, the administrative penalty decision shall be retained in the conditional parole file.

3. If a person conditionally paroled is criminally indicted, the commune police shall transfer the conditional parole file to the criminal enforcement agency of the county police for management, monitoring, and implementation of procedures as prescribed by law.

Article 15. Implementation of the revocation of the decision on conditional early release from imprisonment

1. The revocation of the decision on conditional early release from imprisonment shall be carried out in accordance with Article 15 of Circular Joint Circular No. 04/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC.

2. Upon receiving the decision to revoke the decision on conditional early release from imprisonment from the Court, the criminal enforcement agency of the public security organ at the district level shall proceed with the procedures to send the person conditionally released from imprisonment back to serve the remaining prison sentence.

Article 16. Handling cases where the person conditionally released from imprisonment dies

1. In the case where the person conditionally released from imprisonment dies, the public security station at the commune level shall advise the People's Committee at the commune level to issue a report and transfer the conditional early release file to the criminal enforcement agency of the public security organ at the district level.

2. The criminal enforcement agency of the public security organ at the district level shall notify the Court that issued the enforcement decision, the Court that issued the decision on conditional early release from imprisonment, the detention facility, and the criminal enforcement agency of the public security organ at the provincial level about the death of the person conditionally released from imprisonment, and shall complete the necessary procedures and submit the prisoner's file for archiving in accordance with Clause 3 of Article 21 of this Circular.

Article 17. Summoning the person conditionally released from imprisonment during the probation period

1. When summoning the person conditionally released from imprisonment to the office for work related to the implementation of the decision on conditional early release from imprisonment, the criminal enforcement agency of the public security organ at the district level and the People's Committee at the commune level must record the working session and retain the conditional early release file.

2. If the person conditionally released from imprisonment is absent without a valid reason, a violation record of the obligations of the person conditionally released from imprisonment shall be made and handled in accordance with Article 14 of this Circular.

Article 18. Procedures when the person conditionally released from imprisonment completes the probation period

1. Fifteen days before the end of the probation period, the public security station at the commune level shall advise the People's Committee at the commune level to issue a report on the completion of the probation period for conditional early release from imprisonment; transfer the conditional early release file to the criminal enforcement agency of the public security organ at the district level; and request the person conditionally released from imprisonment to appear at the criminal enforcement agency of the public security organ at the district level on the last day of the probation period to complete the procedures for issuing a certificate of completion of the prison sentence.

2. On the last day of the probation period, the head of the criminal enforcement agency of the public security organ at the district level shall issue a certificate of completion of the prison sentence to the person conditionally released from imprisonment.

3. After issuing the certificate of completion of the prison sentence to the person conditionally released from imprisonment, the criminal enforcement agency of the public security organ at the district level shall send the certificate of completion of the prison sentence to:

a) The Court that issued the enforcement decision;

b) The Court that issued the decision on conditional early release from imprisonment and the People's Procuracy at the same level;

c) The People's Court at the district level where the probation period was served and the People's Procuracy at the same level;

d) The National Criminal Record Center;

đ) The management agency of criminal enforcement of the Ministry of Public Security;

e) The detention facility;

g) The business file agency of the People's Public Security force;

h) The People's Committee at the commune level where the probation period was served.

Article 19. Management, supervision, and education of persons conditionally released before term in areas without administrative units at commune level

1. In administrative units at district level that do not organize administrative units at commune level, the criminal enforcement agency under the Public Security Department of the district shall perform management, supervision, and educational tasks of the People's Committee at commune level as follows:

a) The head of the criminal enforcement agency under the Public Security Department of the district assigns personnel to manage, supervise, and educate;

b) Does not conduct procedures to summon persons conditionally released before term to the office of the People's Committee at commune level for procedures to implement the decision on conditional release before term according to Article 10 of this Circular and other reporting procedures of the People's Committee at commune level to the criminal enforcement agency under the Public Security Department of the district;

c) Conducts reporting and evaluation procedures of persons conditionally released before term and of personnel managing, supervising, and educating with the criminal enforcement agency under the Public Security Department of the district instead of the People's Committee at commune level;

d) Does not establish a file for conditional release before term but uses the prisoner file to retain documents during the probation period.

2. In special cases, where a unique administrative unit at district level does not organize an administrative unit at commune level and does not establish a criminal enforcement agency, the Public Security Department of the district shall perform the duties of the criminal enforcement agency under the Public Security Department of the district regarding conditional release before term according to Clause 1 of this Article.

Article 20. File for Conditional Release Before Term

1. The file for conditional release before term includes the following documents:

a) Cover of the file;

b) List of documents in the file;

c) Copy of the judgment and execution decision;

d) Decision on conditional release before term of the Court;

đ) Certificate of conditional release before term;

e) Evaluation of the prisoner's compliance with the sentence;

g) Commitment of the person conditionally released before term;

h) Information sheet of the person conditionally released before term;

i) Minutes of handover of the file for conditional release before term;

k) Proposal for assignment of personnel to manage, supervise, and educate by the Public Security Office at commune level and Decision on assignment of personnel to manage, supervise, and educate by the Chairman of the People's Committee at commune level;

l) Documents during the probation period: summons of the person conditionally released before term and minutes of meetings; procedures for residence registration of the person conditionally released before term; periodic evaluations and reports; documents on shortening the probation period and handling violations;

m) Other related documents.

2. The file for conditional release before term is registered at the business file agency according to the hierarchical level; when transferring the person conditionally released before term to serve the sentence upon revocation of the decision on conditional release before term or if the person conditionally released before term dies, the file for conditional release before term is reclassified as a prisoner file.

3. The Public Security Office at commune level advises the People's Committee at commune level to manage and supplement documents in the file for conditional release before term.

Article 21. Management of files of prisoners granted conditional early release

1. The criminal enforcement agency under the Public Security Department at the district level shall manage the files of prisoners granted conditional early release, supplementing the prisoner's file with relevant documents received during the probation period.

2. When transferring a person granted conditional early release to serve their sentence in prison pursuant to a decision revoking the conditional early release decision of the Court, the prisoner’s file must be handed over to the detention facility where the person granted conditional early release will serve their sentence.

3. After issuing a certificate of completion of the sentence for a person granted conditional early release or in the event of the death of such a person, the criminal enforcement agency under the Public Security Department at the district level shall complete the necessary procedures, archive the prisoner’s file in accordance with regulations.

Article 22. Database on Conditional Early Release

1. The Public Security units and localities shall establish a database on conditional early release to manage information on conditional early release and to serve state management of conditional early release.

2. The agency managing criminal enforcement under the Ministry of Public Security shall build a unified national database on conditional early release and guide Public Security units and localities in building, installing, managing, maintaining, updating, and utilizing information from the database on conditional early release.

Article 23. Implementation of Statistics and Reporting on Conditional Early Release

1. Public Security units and localities shall regularly report on work related to conditional early release as follows:

a) After each review and recommendation for conditional early release, prisons, temporary detention centers, and criminal enforcement agencies at all levels shall report on the situation and results of the review and recommendation for conditional early release;

b) After each reduction in the probation period for conditional early release, Public Security localities shall report on the situation and results of reducing the probation period for conditional early release;

c) Public Security localities shall report on the situation and results of managing, supervising, and educating persons granted conditional early release within their jurisdiction on a monthly, quarterly, and annual basis.

2. Public Security units and localities shall, within their authority, report on any sudden incidents related to the implementation of conditional early release.

Chapter IV
RESPONSIBILITIES OF PUBLIC SECURITY UNITS AND LOCALITIES IN THE IMPLEMENTATION OF CONDITIONAL EARLY RELEASE
IMPLEMENTATION OF CONDITIONAL EARLY PAROLE RELEASE

Article 24. Responsibilities of the Criminal Enforcement Management Agency under the Ministry of Public Security

1. The Criminal Enforcement Management Agency under the Ministry of Public Security shall act as the focal point assisting the Minister of Public Security in implementing state management of conditional early release; guiding and directing Public Security units and localities in reviewing and recommending conditional early release for prisoners and managing, supervising, and educating persons granted conditional early release.

2. Public Security units and localities shall implement tasks related to conditional early release based on their assigned functions and responsibilities; directing and guiding units to cooperate with the Criminal Enforcement Police and Judicial Assistance Force in reviewing and recommending conditional early release for prisoners and managing, educating, and supporting persons granted conditional early release.

Article 25. Responsibilities of Prisons and Remand Centers

1. Organize educational reform and assess, classify prisoners' compliance with custodial sentences; encourage prisoners to fulfill supplementary penalties such as fines, court fees, and other civil obligations to meet the conditions for conditional early release.

2. Implement the examination, proposal for conditional early release, and announce the decision on conditional early release for prisoners.

3. Perform other tasks related to conditional early release within the responsibilities of prisons and remand centers.

Article 26. Responsibilities of Provincial Public Security Authorities

1. Implement the examination, proposal for conditional early release for prisoners serving sentences at remand centers and criminal enforcement agencies of county-level public security authorities; receive, manage, supervise, and educate persons conditionally released on probation within the province.

2. Allocate personnel, means, and funds to ensure the implementation of examinations, proposals for conditional early release, and management, supervision, and education of persons conditionally released on probation.

3. Perform other tasks related to conditional early release according to the guidance and directives of the Criminal Enforcement Management Agency under the Ministry of Public Security.

Article 27. Responsibilities of County-Level Public Security Authorities

1. Implement the examination, proposal for conditional early release for prisoners serving sentences at criminal enforcement agencies of county-level public security authorities; receive, manage, supervise, and educate persons conditionally released on probation within the area.

2. Guide county-level public security agencies in advising the People's Committee at the commune level on managing, supervising, and educating persons conditionally released on probation.

3. Perform other tasks related to conditional early release according to the guidance and directives of the criminal enforcement agency of the provincial public security authority.

Article 28. Responsibilities of Commune-Level Public Security Authorities

1. Receive and manage files on conditional early release; advise the People's Committee at the commune level on implementing management, supervision, and education of persons conditionally released on probation.

2. Guide managers, supervisors, and educators in performing tasks related to management, supervision, and education of persons conditionally released on probation.

3. Perform other tasks according to the guidance and directives of the criminal enforcement agency of the county-level public security authority.

Chapter V
IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Circular takes effect from June 22, 2018.

2. During implementation, if the referenced documents applied in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the new documents.

Article 30. Responsibility for Implementation

1. Directors of General Departments, Heads of Units under the Ministry, Directors of Public Security of provinces and centrally governed cities, Wardens of prisons, Wardens of remand centers, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Criminal Enforcement Management Agency under the Ministry of Public Security is responsible for assisting the Minister in overseeing, guiding, inspecting, and urging the implementation of this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Criminal Enforcement Management Agency under the Ministry of Public Security) for timely guidance.