Circular No. 120/2021/TT-BCA on the organization of examination, recommendation, and review of files for temporary suspension and reduction of the term of imprisonment.

CIRCULAR

Article 24stipulates the organization of examination, proposal, and review of applications for temporary suspension and reduction of the term of imprisonment

for serving criminal sentences

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Prison Management Police Department, the Compulsory Educational Institution Management Department, and the Rehabilitation School;

The Minister of Public Security issues this Circular stipulating the organization of examination, proposal, and review of applications for temporary suspension and reduction of the term of imprisonment for serving criminal sentences.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to the examination, proposal, and review of applications for temporary suspension and reduction of the term of imprisonment for serving criminal sentences for prisoners currently serving their sentences in prisons, detention centers under the Ministry of Public Security, provincial-level detention centers, and Criminal Enforcement Departments of county-level public security organs (collectively referred to as places of prisoner confinement).

Article 2. Applicability

This Circular applies to units and local public security organs; prisoners currently serving their sentences in places of prisoner confinement; persons who have been sentenced to imprisonment by the Court and are currently in detention centers or Criminal Enforcement Departments of county-level public security organs awaiting transfer to serve their sentences (collectively referred to as persons awaiting transfer to serve their sentences), and relevant agencies, organizations, and individuals.

Article 3. Principles in examining, proposing, and reviewing applications for temporary suspension and reduction of the term of imprisonment for serving criminal sentences

1. Compliance with the Constitution and laws.

2. Ensuring the correct subjects, objectivity, fairness, and consistency with the State's leniency and humanitarian policies towards offenders.

3. Ensuring strictness, without adversely affecting national security and social order.

Chapter II

APPLICATION FOR TEMPORARY SUSPENSION OF THE EXECUTION OF PRISON SENTENCES

TEMPORARY SUSPENSION OF ENFORCEMENT OF IMPRISONMENT SENTENCES

Article 4. Examination and Proposal Council for Temporary Suspension of Execution of Prison Sentences

1. Prisons shall establish an Examination and Proposal Council for Temporary Suspension of Execution of Prison Sentences chaired by the Warden; the Deputy Warden responsible for educational work and records as the Permanent Member; the Education Team Leader and Records Team Leader as the Secretary; other members include Deputy Wardens, Team Leaders, and Camp Leaders.

2. Detention Centers under the Ministry of Public Security and provincial-level detention centers shall establish an Examination and Proposal Council for Temporary Suspension of Execution of Prison Sentences chaired by the Warden; the Deputy Warden responsible for managing prisoners in the detention center as the Permanent Member; the Strategic Planning Team Leader (for detention centers under the Ministry of Public Security) or the Strategic Planning and Logistics Team Leader (for provincial-level detention centers) as the Secretary; other members include Deputy Wardens and Team Leaders.

3. Criminal Enforcement Departments of county-level public security organs shall not establish an Examination and Proposal Council for Temporary Suspension of Execution of Prison Sentences but shall organize meetings to examine and propose temporary suspension of execution of prison sentences chaired by the Head of the Criminal Enforcement Department; participants in the meeting include the Commanding Officer of the Criminal Enforcement and Judicial Assistance Police Team, correctional officers, medical staff, and a secretary from the Criminal Enforcement Department.

Article 5. Examination, Proposal, and Review of Applications for Temporary Suspension of Execution of Prison Sentences

1. The examination, proposal, and review of applications for temporary suspension of execution of prison sentences shall be carried out in accordance with Articles 5, 6, and 8 of Joint Circular No. 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP dated August 12, 2021 issued by the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense on the relationship and coordination in implementing procedures and formalities for temporary suspension and reduction of the term of imprisonment.

2. The examination, proposal, and review of applications for temporary suspension of execution of prison sentences for prisoners convicted of offenses against national security and prisoners sentenced to life imprisonment who have not yet had their sentences reduced to fixed-term imprisonment shall be conducted as follows:

a) For prisoners falling within one of the cases specified in point a, b Clause 1 Article 67 of the Penal Code, if they are convicted of less serious, serious, or very serious offenses against national security, after receiving the application for temporary suspension of execution of prison sentence transferred by the place of prisoner confinement, the Prison Management Police Bureau shall seek opinions from related Security Bureaus, then seek opinions from the Deputy Minister, Heads of the Investigation Department of the Ministry of Public Security, and the Deputy Minister, Heads of the Criminal Enforcement Management Department of the Ministry of Public Security; consolidate the opinions and report to the Minister for consideration of the proposal to temporarily suspend the execution of the prison sentence for the prisoner.

After receiving the approval document from the Minister of Public Security, the place of prisoner confinement shall prepare a document requesting the competent court to consider and decide on the temporary suspension of the execution of the prison sentence.

b) For prisoners falling within one of the cases specified in point a, b Clause 1 Article 67 of the Penal Code, if they are convicted of extremely serious offenses against national security, after receiving the application for temporary suspension of execution of prison sentence transferred by the place of prisoner confinement, the Prison Management Police Bureau shall seek opinions from related Security Bureaus, then seek opinions from the Deputy Minister, Heads of the Investigation Department of the Ministry of Public Security, and the Deputy Minister, Heads of the Criminal Enforcement Management Department of the Ministry of Public Security; consolidate the opinions and report to the Minister to sign a document proposing the Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy for their opinions on the temporary suspension of the execution of the prison sentence for the prisoner.

After receiving the approval document from the Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy, the Prison Management Police Bureau shall issue a notification to the place of prisoner confinement to prepare a document requesting the competent court to consider and decide on the temporary suspension of the execution of the prison sentence.

c) For prisoners falling under any of the cases stipulated in point a, b, Clause 1, Article 67 of the Criminal Code, if they are sentenced to life imprisonment without being reduced to fixed-term imprisonment, upon receiving the file requesting suspension of execution of the prison sentence from the detention facility, the Department of Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Centers shall seek the opinion of the Deputy Minister, Head of the Criminal Enforcement Management Agency under the Ministry of Public Security before reporting to the Minister for signing the document requesting the Chief Justice of the Supreme People's Court and the Procurator-General of the Supreme People's Procuracy to provide their opinions on the suspension of execution of the prison sentence for the prisoner.

After obtaining the agreement document from the Chief Justice of the Supreme People's Court and the Procurator-General of the Supreme People's Procuracy, the Department of Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Centers shall issue a notification document to the detention facility to prepare the request for the competent court to consider and decide on the suspension of execution of the prison sentence.

Chapter III

APPLICATION FOR TEMPORARY SUSPENSION OF THE EXECUTION OF PRISON SENTENCES

REDUCTION OF THE TERM OF EXECUTION OF PRISON SENTENCES

Article 6. The Council for Review and Proposal of Reduction of the Term of Execution of Prison Sentences and the Council for Examination of Proposals for Reduction of the Term of Execution of Prison Sentences

1. Prisons shall establish the Council for Review and Proposal of Reduction of the Term of Execution of Prison Sentences with the composition as prescribed in Clause 1, Article 4 of this Circular.

Prisons having two or more sub-prisons shall establish the Sub-Council for Review and Proposal of Reduction of the Term of Execution of Prison Sentences of the sub-prison headed by the Deputy Warden in charge of the sub-prison (for sub-prisons directly supervised by a Deputy Warden) or the Head of the sub-prison (for sub-prisons not directly supervised by a Deputy Warden); the Head of the sub-prison (for sub-prisons directly supervised by a Deputy Warden) or the Deputy Head of the sub-prison shall serve as the Standing Member; the education officer of the sub-prison shall serve as the Secretary; other members include the Head of the Prison Wardens' Police Team, the Head of the Prison Guards' Platoon, the detective officer, and the medical officer of the sub-prison.

2. Detention centers under the Ministry of Public Security and provincial-level public security detention centers shall establish the Council for Review and Proposal of Reduction of the Term of Execution of Prison Sentences with the composition as prescribed in Clause 2, Article 4 of this Circular.

3. Criminal enforcement agencies at the district level shall not establish the Council for Review and Proposal of Reduction of the Term of Execution of Prison Sentences but shall organize meetings to review and propose reduction of the term of execution of prison sentences with the composition as prescribed in Clause 3, Article 4 of this Circular.

4. Criminal enforcement agencies at the provincial level shall establish the Council for Examination of Proposals for Reduction of the Term of Execution of Prison Sentences for prisoners serving sentences at provincial-level public security detention centers and criminal enforcement agencies at the district level, chaired by the Head of the Criminal Enforcement Management Agency at the provincial level; the Deputy Head of the Criminal Enforcement Management Agency at the provincial level shall serve as the Standing Member; the Head of the Guidance of Criminal Enforcement and Community Reintegration Team under the Criminal Enforcement Police Department shall serve as the Secretary; members include a Deputy Head of the Criminal Enforcement Management Agency at the provincial level assigned to oversee and direct criminal enforcement work; a leader of the Investigation Police Office and a leader of the Counterintelligence Department.

5. The Criminal Enforcement Management Agency under the Ministry of Public Security shall establish the Council for Examination of Proposals for Reduction of the Term of Execution of Prison Sentences of prisons and detention centers under the Ministry of Public Security, chaired by a Deputy Director of the Department of Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Centers assigned to direct prisoner policy work; the Head of the Prisoner Policy Department under the Department of Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Centers shall serve as the Standing Member; a Deputy Head of the Prisoner Policy Department under the Department of Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Centers assigned to oversee and direct work on reducing the term of execution of prison sentences shall serve as the Secretary; a leader of the Detective Department under the Department of Prison Management, Compulsory Education Facilities, and Juvenile Rehabilitation Centers shall serve as a member.

Article 7. Examination, proposal, and verification of the application file for reducing the term of imprisonment for prisoners

The examination, proposal, and verification of the application file for reducing the term of imprisonment for prisoners shall be carried out in accordance with the provisions of Articles 12, 13, and 15 of Circular Joint Circular No. 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP dated August 12, 2021 issued by the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense on the relationship and coordination in implementing procedures and formalities for temporarily suspending and reducing the term of imprisonment.

Chapter IV

IMPLEMENTING PROVISIONS

Article 8. Effective Date

This Circular takes effect from February 1, 2022.

Article 9. Responsibility for implementation

1. Heads of units under the Ministry, Directors of Provincial Police Departments, Central City Police Departments, Heads of prisoner detention facilities, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Prison Management Police Department is responsible for assisting the Minister in monitoring, guiding, inspecting, and urging the implementation of this Circular.

3. In the process of organizing implementation, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Prison Management Police Department) for timely guidance./.