Decree No. 43/2020/ND-CP on the enforcement of capital punishment by lethal injection

DECREE
Regulations on the Execution of Capital Punishment by Lethal Injection

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

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

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree on the execution of capital punishment by lethal injection.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the drugs for injection, facilities, equipment, means used for the execution of capital punishment, the procedure for administering the injection; the responsibilities of agencies, organizations, and individuals involved in the execution of capital punishment; conditions ensuring the execution of capital punishment and benefits and policies for officials participating in the execution of capital punishment.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to the execution of capital punishment and the person subject to capital punishment.

Article 3. Benefits and Policies for Individuals Participating in the Execution of Capital Punishment

1. Members of the Capital Punishment Execution Team shall be entitled to a subsistence allowance equal to three times the base salary when executing capital punishment for one individual and shall enjoy a ten-day recuperation period according to the general regulations on recuperation for public security officers and military personnel.

2. Members of the Capital Punishment Execution Board, prison wardens, audio and video recorders, photographers, interpreters, fingerprinters, morticians, and funeral directors shall be entitled to a subsistence allowance equal to one time the base salary when executing capital punishment for one individual.

3. Security and order guarantors, representatives of commune-level People's Committees, and investigators shall be entitled to a subsistence allowance equal to half the base salary when executing capital punishment for one individual.

Chapter II
DRUGS FOR INJECTION, FACILITIES, EQUIPMENT, MEANS USED FOR THE EXECUTION OF CAPITAL PUNISHMENT AND PROCEDURE FOR ADMINISTERING INJECTIONS

Article 4. Drugs Used for the Execution of Capital Punishment

1. Drugs for injection used for the execution of capital punishment include:

a) Anesthetic drugs;

b) Paralyzing drugs;

c) Cardiac arrest drugs.

2. A dose of drugs consists of three types of drugs specified in Clause 1 of this Article and is used for one individual.

3. Drugs used for the execution of capital punishment shall be supplied by the Ministry of Health upon request from the Ministry of Public Security and the Ministry of Defense.

4. Drugs shall be stored according to the conditions indicated on the drug label and the instructions provided by the supplier. The transfer of drugs must be documented in a handover record; sealed and strictly managed in accordance with the law.

Article 5. Facilities and Equipment, Means Used for the Execution of Capital Punishment

1. Facilities ensuring service for the execution of capital punishment: The Ministry of Public Security and the Ministry of National Defense shall invest in building execution facilities and rooms for the Capital Punishment Execution Board at provincial-level public security agencies and military units at military region level based on actual circumstances to ensure service for the execution of capital punishment by lethal injection.

2. Equipment and means serving the execution of capital punishment include:

a) A bed with straps to secure the person subject to capital punishment;

b) An automatic drug injection machine with control buttons;

c) A heart rate monitor;

d) Screens and monitoring devices for tracking and checking the execution process;

đ) Other tools and equipment serving the execution.

Article 6. Procedure for Administering Injections

1. The procedure for executing capital punishment must be carried out strictly in accordance with the provisions of Clauses 2, 3, and 4 of Article 82 of the Criminal Enforcement Law 2019 and the provisions of this Decree.

2. Drugs used for the execution of capital punishment must be inspected and unsealed by the Capital Punishment Execution Board and recorded accordingly.

3. The person subject to capital punishment must be secured to the bed in a supine position to ensure that blood circulation is not obstructed.

4. The official directly responsible for executing capital punishment shall be responsible for carrying out the following steps:

a) Prepare three doses of drugs (including two backup doses);

b) Identify the vein for injection; if the vein cannot be identified, report to the Chairman of the Capital Punishment Execution Board to request a doctor's assistance in identifying the vein;

c) Insert the needle connected to the drug delivery tube into the identified vein according to the following procedure:

Step 1: Inject the anesthetic drug.

After completing the injection, the specialized enforcement officer must check; if the person subject to capital punishment has not lost consciousness, continue injecting until they lose consciousness.

Step 2: Inject the paralyzing drug.

Step 3: Inject the cardiac arrest drug.

d) Monitor the heart activity of the person subject to capital punishment through an electrocardiogram machine. If the person subject to capital punishment has not died after ten minutes, the monitor must report to the Chairman of the Capital Punishment Execution Board to issue an order to use the backup drug;

Each time after ten minutes without death, the monitor must report to the Chairman of the Capital Punishment Execution Board to issue an order to continue using the second and third backup doses; if the third dose is administered after ten minutes and the person subject to capital punishment has not died, the Head of the Capital Punishment Execution Team must report to the Chairman of the Capital Punishment Execution Board to issue a decision to temporarily halt the execution.

5. The implementation of the steps specified in Points b, c, and d of Clause 4 of this Article may be conducted either automatically or manually.

6. Upon the order of the Chairman of the Capital Punishment Execution Board, the forensic doctor shall conduct an examination and determine the condition of the person subject to capital punishment and report the results to the Board.

7. After the forensic doctor concludes that the person subject to capital punishment has died, upon the order of the Chairman of the Capital Punishment Execution Board, the enforcement officer shall stop the injection and remove the needle and tubing from the person subject to capital punishment.

8. The Capital Punishment Execution Board shall record the death of the person subject to capital punishment in accordance with the prescribed procedures.

9. The handling of post-execution procedures after the person subject to capital punishment has died shall be carried out in accordance with the provisions of Points e, g, and h of Clause 4 of Article 82 and Article 83 of the Criminal Enforcement Law 2019.

Article 7. Funeral Expenses

Funeral expenses for persons sentenced to capital punishment include: 01 wooden coffin, 01 set of clothes, 04 meters of shrouding cloth, incense, candles, alcohol, and disinfectant for cleaning the body before burial, and other funeral expenses.

In cases where relatives or legal representatives of persons sentenced to death receive the corpse or ashes for burial, they must bear the costs themselves and commit to complying with legal regulations on ensuring security, public order, and environmental hygiene.

Chapter III
RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND PEOPLE'S COMMITTEES AT ALL LEVELS IN THE ENFORCEMENT OF CAPITAL PUNISHMENT

Section 1
RESPONSIBILITIES OF AUTHORITIES WITH JURISDICTION UNDER THE PEOPLE'S PUBLIC SECURITY ORGANIZATION IN THE ENFORCEMENT OF CAPITAL PUNISHMENT

Article 8. Responsibilities of the Temporary Detention and Custody Management Authority under the Ministry of Public Security

1. Organize and implement laws related to the enforcement of capital punishment.

2. Direct operations, guide the uniform application of legal provisions on the enforcement of capital punishment for criminal enforcement agencies at all levels of the Public Security.

3. Coordinate with health authorities to organize training and instruction on the enforcement of capital punishment through lethal injection for officers directly involved in the execution of capital punishment within the Public Security.

4. Implement statistical and reporting systems regarding the enforcement of capital punishment according to regulations.

5. Summarize the work of enforcing capital punishment by the Public Security.

Article 9. Responsibilities of Criminal Enforcement Agencies at Provincial Level Public Security Departments

1. Participate in the Execution Board for Capital Punishment.

2. Assist the Provincial Public Security Director in developing plans, schemes, budget estimates, and task assignments, organizing, mobilizing, and arranging forces, means, and other facilities to ensure absolute safety during the enforcement of capital punishment.

3. Establish an Execution Team for Capital Punishment responsible for directly executing capital punishment, including a Team Leader, forensic doctor, and various Groups: escort, vein identification, drug preparation, button pressing, and machine control.

4. Receive persons sentenced to capital punishment handed over by temporary detention centers for escort to the execution site.

5. Process procedures for relatives or legal representatives of persons sentenced to capital punishment to receive corpses, ashes, or remains for burial in their home regions (repatriation if the person sentenced to capital punishment is a foreigner).

6. Handle procedures to transfer corpses to hospitals or funeral companies for preservation when criminal enforcement agencies lack storage facilities.

8. Coordinate with diplomatic, border defense, health, and other relevant agencies to handle procedures for transferring corpses, ashes, or remains out of Vietnam.

9. Report results of capital punishment enforcement to the Temporary Detention and Custody Management Authority under the Ministry of Public Security.

10. Manage, store, and preserve capital punishment enforcement files according to regulations.

11. Implement other legal provisions on capital punishment enforcement.

1. Develop plans to ensure security and order at locations where capital punishment is enforced.

2. Detect, prevent, and handle violations of the law in areas where capital punishment is enforced.

3. Perform other tasks as directed by the Provincial Public Security Director.

Article 11. Responsibilities of the Detention Center where persons sentenced to death are held

1. Prepare conditions and workplaces as required by the Capital Punishment Enforcement Board.

2. Hand over the person subject to capital punishment to the Capital Punishment Enforcement Team as required by the Capital Punishment Enforcement Board.

3. Organize for the person subject to capital punishment to eat, drink (to be provided at five times the standard for holidays prescribed for pre-trial detainees), write letters, record final statements.

4. Hand over all papers, belongings, assets, and money left behind by the person subject to capital punishment to their family members or legal representatives (if any).

5. Hand over the file of the person subject to capital punishment as prescribed.

Section 2
RESPONSIBILITIES OF THE MILITARY AUTHORITIES IN ENFORCING CAPITAL PUNISHMENT

Article 12. Responsibilities of the Criminal Enforcement Management Agency under the Ministry of National Defense

1. Organize the implementation of laws on the enforcement of capital punishment within the People's Army.

2. Direct professional activities, guide the uniform application of legal provisions on the enforcement of capital punishment for criminal enforcement agencies within the People's Army.

3. Organize training and instruction on the enforcement of capital punishment through lethal injection for officers and soldiers directly involved in enforcing capital punishment within the People's Army.

Article 13. Responsibilities of the Criminal Enforcement Agencies at Military Regions

1. Participate in the Execution Board for Capital Punishment.

2. Assist the Commander of the Military Region in developing plans, schemes, budget estimates, and assigning tasks, organizing, mobilizing, and deploying forces and other material resources to ensure absolute safety during the enforcement of capital punishment.

3. Establish an Execution Team for Capital Punishment responsible for directly executing capital punishment, including a Team Leader, forensic doctor, and various Groups: escort, vein identification, drug preparation, button pressing, and machine control.

4. Receive persons sentenced to capital punishment handed over by temporary detention centers for escort to the execution site.

5. Process procedures for relatives or legal representatives of persons sentenced to capital punishment to receive corpses, ashes, or remains for burial in their home regions (repatriation if the person sentenced to capital punishment is a foreigner).

6. Handle procedures to transfer corpses to hospitals or funeral companies for preservation when criminal enforcement agencies lack storage facilities.

8. Coordinate with diplomatic, border defense, health, and other relevant agencies to handle procedures for transferring corpses, ashes, or remains out of Vietnam.

9. Report the results of the enforcement of capital punishment to the Criminal Enforcement Management Agency under the Ministry of National Defense.

10. Manage, store, and preserve capital punishment enforcement files according to regulations.

11. Implement other legal provisions on capital punishment enforcement.

Article 14. Responsibilities of the Detention Center where persons sentenced to death are held

1. Prepare conditions and workplaces for the Capital Punishment Enforcement Board.

2. Hand over the person subject to capital punishment to the Capital Punishment Enforcement Team as required by the Capital Punishment Enforcement Board.

3. Organize for the person subject to capital punishment to eat, drink (to be provided at five times the standard for holidays prescribed for pre-trial detainees), write letters, record final statements.

4. Hand over all papers, belongings, assets, and money left behind by the person subject to capital punishment to their family members or legal representatives (if any).

5. Hand over the file of the person subject to capital punishment as prescribed.

Section 3
RESPONSIBILITIES OF MINISTRIES AND PEOPLE'S COMMITTEES AT ALL LEVELS IN ENFORCING CAPITAL PUNISHMENT

Article 15. Responsibilities of the Ministry of Public Security

1. Be responsible before the Government for uniformly managing state administration regarding the enforcement of capital punishment.

2. Issue or submit to competent authorities for issuance of normative legal documents detailing the enforcement of capital punishment through lethal injection.

3. Coordinate with the Ministry of National Defense to ensure the enforcement of capital punishment through lethal injection for individuals sentenced to death managed by the Ministry of National Defense.

4. Direct public security units and localities to comply with legal regulations on the enforcement of capital punishment.

5. Issue normative legal documents guiding the implementation of policies and benefits for public security officers and soldiers performing capital punishment duties.

6. Develop plans and programs for training and instructing public security officers and soldiers performing capital punishment duties.

7. Establish budget estimates to ensure the enforcement of capital punishment within the public security system.

8. Direct public security agencies at all levels to implement reporting, statistics, and summaries on the enforcement of capital punishment.

9. Summarize, report, and statistically compile national data on the enforcement of capital punishment.

Article 16. Responsibilities of the Ministry of National Defense

1. Be responsible for directing and organizing the enforcement of capital punishment through lethal injection within the People's Army.

2. Issue or submit to competent authorities for issuance of normative legal documents on the enforcement of capital punishment within the People's Army.

3. Coordinate with the Ministry of Public Security to ensure the enforcement of capital punishment through lethal injection for individuals sentenced to death managed by the Ministry of National Defense.

4. Direct military regions and Border Guard Corps to comply with legal regulations on the enforcement of capital punishment.

5. Issue normative legal documents guiding the implementation of policies and benefits for army officers and soldiers performing capital punishment duties.

6. Develop plans and programs for training and instructing army officers and soldiers performing capital punishment duties.

7. Establish budget estimates to ensure the enforcement of capital punishment within the army.

8. Coordinate with the Ministry of Public Security in reporting, statistics, and summarizing the enforcement of capital punishment.

Article 17. Responsibilities of the Ministry of Health

1. Ensure the supply of drugs for capital punishment according to the annual drug supply plan of the Ministry of Public Security and the Ministry of National Defense; guide the storage and use of drugs used for capital punishment; take the lead in coordinating with the Ministry of Public Security and the Ministry of National Defense to issue lists of drugs, dosages, and procedures for using drugs in capital punishment.

2. Direct professional agencies, hospitals, and health education institutions to cooperate with temporary detention management agencies of the Ministry of Public Security and criminal enforcement agencies of the Ministry of National Defense to train and instruct technical medical skills related to capital punishment for officers and soldiers performing capital punishment duties.

3. Direct provincial and municipal health departments to issue health quarantine certificates for corpses, ashes, and bones of those who have been executed (if necessary).

4. Direct hospitals under the health sector:

a) Dispatch doctors to assist enforcement officers in identifying veins when necessary as requested by the Chairman of the Capital Punishment Enforcement Board;

b) Receive and store corpses of those executed transferred by criminal enforcement agencies.

Article 18. Responsibilities of the Ministry of Foreign Affairs

Receiving and transferring information to foreign diplomatic missions in Vietnam for the purpose of handling procedures related to foreigners sentenced to death in accordance with Clause 1 and Clause 7, Article 83 of the Criminal Execution Law 2019.

Article 19. Responsibilities of the Ministry of Finance

Processing customs clearance for the remains, ashes, or bones of foreigners who have been executed.

The People's Committee of provinces and centrally governed cities shall be responsible for allocating land for the construction of execution sites, designating burial places for those sentenced to death; directing the People's Committees of districts, relevant agencies at the local level to cooperate in ensuring security, order, and safety during the execution of the death penalty.

The District People's Committee shall be responsible for directing the Public Security Department of the district, the Military Command of the district, and the People's Committee of the commune to carry out and participate in coordinating with relevant agencies in the execution of the death penalty; processing the death registration for foreigners sentenced to death.

Article 22. Responsibilities of the Commune People's Committee

1. The Commune People's Committee where the death penalty is carried out shall be responsible for participating in ensuring security and order at the execution site; appointing representatives to witness the execution of the death penalty; processing the death registration for those sentenced to death; coordinating with the Criminal Enforcement Agency of the Provincial Public Security Department or the Criminal Enforcement Agency of the Military Region in the burial and management of graves of those who have been executed.

2. The Commune People's Committee where relatives or lawful representatives receive the remains, ashes, or bones of those sentenced to death for burial shall be responsible for ensuring requirements for security, order, safety, and environmental hygiene.

Chapter IV
IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

1. This Decree shall take effect from April 15, 2020.

2. This Decree replaces Decree No. 82/2011/NĐ-CP dated September 16, 2011, on the execution of the death penalty by lethal injection; and Decree No. 47/2013/NĐ-CP dated May 13, 2013, amending and supplementing certain articles of Decree No. 82/2011/NĐ-CP dated September 16, 2011, on the execution of the death penalty by lethal injection.

Article 24. Responsibility for Implementation

1. The Minister of Public Security and the Minister of National Defense within their assigned functions, tasks, and powers are responsible for organizing the implementation and guiding and inspecting the enforcement of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.