Circular No. 181/2019/TT-BQP stipulates on handling cases of persons granted conditional early release from imprisonment, persons granted suspension of sentence execution, persons granted suspended sentences, and persons serving non-custodial corrective measures managed by the military who change their place of residence or place of work.

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, AND PERSONS SERVING NON-CUSTODIAL CORRECTIONAL TERMS UNDER MILITARY SUPERVISION, AND THE IMPLEMENTATION OF CHANGES IN PLACE OF RESIDENCE AND PLACE OF WORK

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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 to regulate the handling of cases involving persons released from prison early with conditions, persons whose sentences have been suspended, persons whose sentences are suspended, and persons serving non-custodial correctional terms under military supervision, and the implementation of changes in place of residence and place of work.

Article 1. Scope of Regulation

This Circular regulates 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, and persons serving non-custodial correctional terms under military supervision, to change their 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. Military Region Criminal Enforcement Agencies; Criminal Enforcement Agency of Hanoi Capital City (hereinafter referred to collectively as Military Region Criminal Enforcement Agencies).

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 together with grandparents, parents, spouse, or children to fulfill the duty of care and support in cases where grandparents, parents, spouse, or children suffer from serious illness, or where children are minors without the ability to work or self-support;

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 responsible for managing, supervising, and educating persons serving sentences shall guide such persons to write an application to change place of residence and submit it to the Military Region Criminal Enforcement Agency. The application to change place of residence must clearly state the reasons and be confirmed by the People's Committee of the commune (place of departure) and include the agreement of the People's Committee of the commune where the person wishes to reside (place of destination).

2. Within five days from the date of receiving the application, the military unit responsible for managing, supervising, and educating persons serving sentences shall report in writing to the Military Region Criminal Enforcement Agency, attaching the application to change place of residence of the person serving the sentence and a document evaluating the process of compliance with laws and obligations during the period of serving the sentence at the unit.

3. Within five days from the date of receiving the report from the military unit responsible for managing, supervising, and educating persons serving sentences, the Military Region Criminal Enforcement Agency shall conduct verification and review, decide, or report to the Criminal Enforcement Management Agency under the Ministry of National Defense for review and provide comments on the resolution.

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

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 responsible for managing, supervising, and educating persons serving sentences shall guide such persons to write an application to change place of work and submit it to the Military Region Criminal Enforcement Agency. The application to change place of work must clearly state the reasons and be confirmed by the competent military unit with authority over the place of departure and destination.

2. Within five days from the date of receiving the application, the military unit responsible for managing, supervising, and educating persons serving sentences shall report in writing to the Military Region Criminal Enforcement Agency, attaching the application to change place of work of the person serving the sentence and a document evaluating the process of compliance with laws and obligations during the period of serving the sentence at the unit.

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

4. Based on the results of the verification, the opinions of the competent agencies of the Military Region and equivalent agencies, or the opinion of the Criminal Enforcement Management Agency under the Ministry of National Defense, within five days, the Military Region Criminal Enforcement Agency shall issue a document agreeing or disagreeing with the resolution of the request for change of place of work of the person serving the sentence and send the document to the unit allowing departure, the unit accepting, the military unit responsible for managing, supervising, and educating, and the person serving the sentence; if disagreeing, 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 person serving the sentence has been allowed or not allowed to change place of residence, the military unit responsible for managing, supervising, and educating the person serving the sentence shall inform the person serving the sentence and continue to manage, supervise, and educate the person serving the sentence according to 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 to transfer the person serving the sentence by the competent authority, the military unit responsible for managing, supervising, and educating the person serving the sentence 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 the case where the person serving the sentence changes their place of work within the Military Region, Military Corps, or Hanoi Capital City area, the Military Region Criminal Enforcement Agency shall hand over the management, supervision, and education files of the person serving the sentence to the battalion-level unit or higher unit where the person will work to continue managing, supervising, and educating the person serving the sentence.

In the case where the person serving the sentence changes their place of work outside the Military Region, the Military Region Criminal Enforcement Agency shall hand over the management, supervision, and education files of the person serving the sentence to the Military Region Criminal Enforcement Agency where the unit accepting the person serving the sentence is located to continue managing, supervising, and educating.

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 person serving the sentence to change their place of work, the military unit responsible for managing, supervising, and educating the person serving the sentence shall inform the person serving the sentence; file in the management, supervision, and education records; and continue to manage, supervise, and educate the person serving the sentence according to regulations.

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

1. In case the enforcement officer changes their workplace within the military region, army corps, or Hanoi Capital, the military criminal enforcement agency at the military region level shall notify the Military Court, the Military Procuracy, and the civil enforcement agency (if there is a need to fulfill civil obligations) at the same level.

2. In case the enforcement officer changes their workplace outside the military region, army corps, or Hanoi Capital, the military criminal enforcement agencies at the sending and receiving locations shall notify the Military Court, the Military Procuracy, and the civil enforcement agency (if there is a need to fulfill civil obligations) at the same level about the transfer, reception, management, supervision, and education of the person subject to enforcement.

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

1. The military unit where the enforcement officer transfers to shall accept the file for managing, supervising, and educating the person subject to enforcement handed over by the military criminal enforcement agency at the military region level; implement the organization of managing, supervising, and educating the person subject to enforcement in accordance with regulations.

2. The military criminal enforcement agency at the military region level shall guide the business operations of criminal enforcement according to its authority, inspect the military units in performing the tasks of managing, supervising, and educating the person subject to enforcement in accordance with regulations.

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

In case the enforcement officer does not continue working in the Military, within three working days from the date of receipt of the decision, the military unit responsible for managing, supervising, and educating the person subject to enforcement must hand over the management, supervision, and education files and related decisions concerning the person subject to enforcement to the military criminal enforcement agency at the military region level to proceed with the procedures for transferring the person subject to enforcement and the file to the public security criminal enforcement agency at the district level where the person subject to enforcement resides for continued organization of enforcement in accordance with 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.