Consolidated Document number 16/VBHN-BQP stipulates the handling of cases involving individuals granted conditional early release from imprisonment, individuals granted suspension of sentence execution, individuals granted probation, and individuals serving non-custodial corrective punishment managed by the Military changing their place of residence or workplace.

CIRCULAR

REGULATIONS ON THE HANDLING OF CASES INVOLVING PERSONS RELEASED FROM PRISON EARLY WITH CONDITIONS, PERSONS WHOSE SENTENCES HAVE BEEN SUSPENDED, PERSONS WHOSE SENTENCES ARE SUSPENDED, PERSONS SERVING NON-CUSTODIAL CORRECTIONAL SENTENCES MANAGED BY THE ARMED FORCES, AND THE IMPLEMENTATION OF CHANGES IN PLACE OF RESIDENCE AND PLACE OF WORK

Circular No. 181/2019/TT-BQP dated December 3, 2019, issued by the Minister of National Defense, on handling cases involving persons released from prison early with conditions, persons whose sentences have been suspended, persons whose sentences are suspended, persons serving non-custodial correctional sentences managed by the Armed Forces, and implementation of changes in place of residence and place of work, which took effect from January 22, 2020, has been amended and supplemented by:

Circular No. 44/2025/TT-BQP dated June 10, 2025, issued by the Minister of National Defense, amending and supplementing Article 10 of Circular No. 181/2019/TT-BQP on handling cases involving persons released from prison early with conditions, persons whose sentences have been suspended, persons whose sentences are suspended, persons serving non-custodial correctional sentences managed by the Armed Forces, and implementation of changes in place of residence and place of work, which took effect from June 10, 2025.

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

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Criminal Investigation Department under the Ministry of National Defense;

The Minister of National Defense issues this Circular on handling cases involving persons released from prison early with conditions, persons whose sentences have been suspended, persons whose sentences are suspended, persons serving non-custodial correctional sentences managed by the Armed Forces, and implementation of changes in place of residence and place of work [1].

Article 1. Scope of Regulation

This Circular stipulates the cases and procedures for handling requests from persons released from prison early with conditions, persons whose sentences have been suspended, persons whose sentences are suspended, persons serving non-custodial correctional sentences managed by the Armed Forces, and implementation of changes in place of residence and place of work (hereinafter referred to collectively as persons serving sentences).

Article 2. Applicability

1. Criminal enforcement management agencies under the Ministry of National Defense.

2. Criminal enforcement agencies of military regions and corps; Criminal enforcement agency of Hanoi Capital (hereinafter referred to collectively as criminal enforcement agencies at the military region level).

3. Military units at regiment level and equivalent or higher.

4. Persons serving sentences.

5. Agencies, units, organizations, and individuals related to the management, supervision, and education of persons serving sentences.

Article 3. Cases where persons serving sentences may request consideration and resolution for change of place of residence

1. Conditions for changing place of residence include:

a) Ensuring requirements as prescribed by laws on residence;

b) Obtaining written consent from the criminal enforcement management agency under the Ministry of National Defense or the criminal enforcement agency at the military region level.

2. Legitimate reasons for changing place of residence include:

a) Living together with family members who have moved to another location;

b) Moving to live with spouse after marriage;

c) Moving to live with grandparents, parents, or children to fulfill the duty of care and support in cases where grandparents, parents, or children suffer from serious illness, or children under the age of majority are unable to work or support themselves.

Article 4. Cases where the enforcement officer may be considered for and granted a change of workplace

The enforcement officer may be considered for and granted a change of workplace if they fall under one of the following cases:

1. The unit where the enforcement officer is working is dissolved or reorganized.

2. At the request of the enforcement officer and with the consent of the military unit at division level or higher where the enforcement officer wishes to work (the destination).

3. A change of workplace pursuant to a decision of the competent authority.

Article 5. Resolution of applications for a change of place of residence by enforcement officers

1. The military unit managing, supervising, and educating the enforcement officer shall guide the enforcement officer to write an application for a change of place of residence to be sent to the Military Criminal Enforcement Agency of the Military Region. The application for a change of place of residence must clearly state the reasons, have the confirmation of the People's Committee of the commune (place of departure), and include the agreement of the People's Committee of the commune where the enforcement officer wishes to reside (destination).

2. Within five days from the date of receiving the application, the military unit managing, supervising, and educating the enforcement officer shall submit a report to the Military Criminal Enforcement Agency of the Military Region, along with the enforcement officer’s application for a change of place of residence and a document assessing and evaluating the enforcement officer's compliance with laws and obligations during their time at the unit.

3. Within five days from the date of receiving the report from the military unit managing, supervising, and educating the enforcement officer, the Military Criminal Enforcement Agency of the Military Region shall conduct verification and consider, decide, or report to the Criminal Enforcement Management Agency under the Ministry of National Defense for consideration and resolution.

4. Based on the results of the verification by the Military Criminal Enforcement Agency of the Military Region or the opinion of the Criminal Enforcement Management Agency under the Ministry of National Defense, within five days, the Military Criminal Enforcement Agency of the Military Region shall issue a document requesting the competent public security agency to resolve the enforcement officer's application for a change of place of residence; simultaneously sending it to the military unit managing, supervising, and educating the enforcement officer and the enforcement officer themselves.

In case of disagreement with the enforcement officer's application for a change of place of residence, a response document must be issued stating the reasons for disagreement.

Article 6. Resolution of applications for a change of workplace by enforcement officers

1. The military unit managing, supervising, and educating the enforcement officer shall guide the enforcement officer to write an application for a change of workplace to be sent to the Military Criminal Enforcement Agency of the Military Region. The application for a change of workplace must clearly state the reasons and have the confirmation of agreement from the authorized military unit at the place of departure and destination.

2. Within five days from the date of receiving the application, the military unit managing, supervising, and educating the enforcement officer shall submit a report to the Military Criminal Enforcement Agency of the Military Region, along with the enforcement officer’s application for a change of workplace and a document assessing and evaluating the enforcement officer's compliance with laws and obligations during their time at the unit.

3. Within five days from the date of receiving the report from the military unit, the Military Criminal Enforcement Agency of the Military Region must conduct verification and seek the opinions of the competent agencies of the Military Region and equivalent bodies to consider and decide, or report to the Criminal Enforcement Management Agency under the Ministry of National Defense for resolution.

4. Based on the results of the verification, the opinions of the competent agencies of the Military Region and equivalent bodies or the opinion of the Criminal Enforcement Management Agency under the Ministry of National Defense, within five days, the Military Criminal Enforcement Agency of the Military Region shall issue a document agreeing or disagreeing with the resolution of the enforcement officer's application for a change of workplace and send the document to the unit agreeing to release, the unit agreeing to accept, the military unit managing, supervising, and educating the enforcement officer, and the enforcement officer; in case of disagreement, the reasons must be clearly stated.

Article 7. Acceptance and Implementation of Processing Cases Where an Executed Person Requests to Change Place of Residence or Workplace

1. In cases where an executed person is allowed to change place of residence or is not allowed to change place of residence

Within three working days from the date of receipt of the confirmation document that the executed person is allowed to change or is not allowed to change their place of residence, the military unit managing, supervising, and educating the executed person shall notify the executed person and continue to manage, supervise, and educate the executed person in accordance with the regulations.

2. In cases where an executed person is allowed to change workplace

Within three working days from the date of receipt of the decision on the transfer of the executed person by the competent authority, the military unit managing, supervising, and educating the executed person shall implement the following contents:

a) Assessing and evaluating the process of compliance with laws and performance of obligations by the executed person during the execution period at the unit;

b) Handing over the management, supervision, and education files of the executed person to the Military Criminal Enforcement Agency of the Military Region.

In cases where the executed person changes workplace within the Military Region, Army Corps, or the Hanoi Capital area, the Military Criminal Enforcement Agency of the Military Region shall hand over the management, supervision, and education files of the executed person to the battalion-level or higher units where the executed person will work for continued management, supervision, and education.

In cases where the executed person changes workplace outside the Military Region, the Military Criminal Enforcement Agency of the Military Region shall hand over the management, supervision, and education files of the executed person to the Military Criminal Enforcement Agency of the Military Region where the unit receiving the executed person is located for continued management, supervision, and education.

The handover of the management, supervision, and education files of the executed person must be recorded in a protocol.

3. In cases where an executed person is not allowed to change workplace

Within three working days from the date of receipt of the document refusing to allow the executed person to change workplace, the military unit managing, supervising, and educating the executed person shall notify the executed person; retain in the management, supervision, and education file; and continue to manage, supervise, and educate the executed person in accordance with the regulations.

Article 8. Notification Regarding the Resolution of an Executed Person Changing Workplace

1. In cases where an executed person changes workplace within the Military Region, Army Corps, or Hanoi Capital area, the Military Criminal Enforcement Agency of the Military Region shall notify the Military Court, Military Procuracy, and Civil Enforcement Agency (if civil obligations need to be fulfilled) at the same level.

2. In cases where an executed person changes workplace outside the Military Region, Army Corps, or Hanoi Capital area, the Military Criminal Enforcement Agency of the Military Region where the executed person departs from and arrives at shall notify the Military Court, Military Procuracy, and Civil Enforcement Agency (if civil obligations need to be fulfilled) at the same level about the transfer, acceptance, management, supervision, and education of the executed person.

Article 9. Management, Supervision, and Education of an Executed Person in Cases of Changing Workplace

1. The military unit where the executed person transfers to shall accept the management, supervision, and education files of the executed person handed over by the Military Criminal Enforcement Agency of the Military Region; and organize the management, supervision, and education of the executed person in accordance with the regulations.

2. The Military Criminal Enforcement Agency of the Military Region shall guide the criminal enforcement business within its authority, and inspect the military unit's implementation of the task of managing, supervising, and educating the executed person in accordance with the regulations.

Article 10. Handling cases where persons serving sentences do not continue working in the Military

In cases where persons serving sentences do not continue working in the Military, within three working days from the date of receipt of the decision, the military unit currently managing, supervising, and educating such persons must transfer the management, supervision, and education files, as well as related decisions concerning the persons serving sentences to the Criminal Enforcement Agency of the Military Zone for the purpose of transferring the persons serving sentences along with their files to the Criminal Enforcement Agency of the Provincial Public Security Office where the person serving the sentence resides, to continue organizing the enforcement of the sentence according to regulations.

Article 11. Effective Date

This Circular takes effect from January 22, 2020.

Article 12. Responsibility for Implementation

1. The Chief of General Staff, the Director of the Political General Department, heads of agencies, units, organizations, and individuals concerned shall be responsible for implementing this Circular.

2. The Director of the Criminal Investigation Department of the Ministry of National Defense shall take the lead and coordinate with the heads of relevant agencies and units to implement this Circular.