Decree No. 53/2001/ND-CP guiding the enforcement of residence prohibition and house arrest penalties

DECREE OF THE GOVERNMENT

Guidelines for Implementing Residence Prohibitions and Probationary Supervision Penalties

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

To implement residence prohibitions and probationary supervision penalties as prescribed in Articles 37, 38, 57, and 69 of the Criminal Code of 1999 and Articles 227, 235, 237, and 238 of the Criminal Procedure Code dated June 9, 2000;

At the proposal of the Minister of Public Security and the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. A residence prohibition is an additional penalty applied to persons sentenced to imprisonment, prohibiting them from temporarily residing and permanently settling in certain areas for a period of one to five years, starting from the date they complete their prison sentence.

Probationary supervision is an additional penalty applied to persons sentenced to imprisonment for offenses endangering national security, habitual offenders, or other cases stipulated by the Criminal Code, requiring them to reside, work, and live in a designated area for a period of one to five years, starting from the date they complete their prison sentence, under the supervision and education of local authorities and residents.

Article 2. The People's Committee of communes, wards, and towns (hereinafter referred to as the People's Committee at the commune level) shall enforce residence prohibitions and probationary supervision penalties and are responsible for coordinating with the Vietnam Fatherland Front and its affiliated organizations at the same level to strictly manage, supervise, educate, provide conditions to assist those convicted in working and living, prevent them from continuing to violate laws, and strictly enforce court judgments.

Article 3. The enforcement of residence prohibitions and probationary supervision penalties must be accurate in terms of the subjects and comply with the provisions of the Criminal Code, the Criminal Procedure Code, and this Decree.

Strictly prohibit any acts that infringe upon the lives, health, reputation, dignity, and property of individuals subject to residence prohibitions and probationary supervision (hereinafter referred to as individuals subject to residence prohibitions and individuals subject to probationary supervision).

Chapter II

ENFORCEMENT OF RESIDENCE PROHIBITION PENALTIES

Section A

Obligations and rights of individuals subject to residence prohibitions

Article 4.

1. Individuals subject to residence prohibitions have the obligation:

a) Not to reside in places prohibited by the court decision and must reside elsewhere;

b) Report to the People's Committee at the commune level where they intend to reside, presenting a certificate confirming completion of the prison sentence and a review of the results of serving the prison sentence from the detention center;

c) Strictly comply with state policies, laws, and local regulations of the place of residence.

2. If individuals subject to residence prohibitions intentionally fail to comply with residence prohibitions despite necessary coercive measures being applied, they may be criminally prosecuted for failing to comply with court judgments under Article 304 of the Criminal Code.

Article 5. Rights of individuals subject to residence prohibitions:

1. For legitimate reasons, they may be permitted to visit the prohibited locality where family members or relatives reside or their hometown if approved by the People's Committee at the commune level there; the duration of stay is determined by the People's Committee at the commune level where they intend to visit but not exceeding five days each time.

2. They have the right to freely choose a place of residence outside those prohibited by law; they are not restricted in traveling, practicing a profession, or performing work unless there is another court judgment or decision prohibiting such activities or they belong to regulated industries according to Government Decree No. 08/2001/NĐ-CP dated February 22, 2001.

3. When meeting the conditions specified in Article 6 of this Decree, they may request the People's Committee at the commune level where they reside to process procedures to propose competent authorities to consider waiving the remaining term of residence prohibition according to the law.

Article 6.

1. Individuals subject to residence prohibitions who meet the following conditions may be considered for reduction or waiver of the remaining term of residence prohibition:

a) Having served at least half of the residence prohibition period;

b) Actively working and studying, strictly complying with state policies, laws, and local regulations;

c) Being proposed by the Chairman of the People's Committee at the commune level where they reside.

2. Waiver of the remaining term of residence prohibition can only be implemented after a decision by the People's Court at the district level where they reside.

3. Upon returning to the locality previously prohibited, individuals whose remaining term of residence prohibition has been waived must present the court decision granting the waiver to the People's Committee at the commune level.

Article 7. Individuals who have completed their residence prohibition period, including those whose remaining term was waived, have the right to freely choose a place of residence according to the law.

Section B

Responsibilities of agencies enforcing residence prohibitions

Article 8.

1. Agencies enforcing residence prohibitions are local authorities at the commune level where the convicted person resides.

2. Two months before the expiration of the residence prohibition period, the warden of the detention center shall notify in writing the People's Committee at the commune level where residence is prohibited, the intended place of residence, and the Public Security Bureau at the district level about:

Name, age, and place of origin of the individual subject to residence prohibition;

Date of completion of the prison sentence;

Review of the results of serving the prison sentence;

Duration and location of residence prohibition;

Other necessary information for management, education, and provision of conditions for individuals subject to residence prohibition to work and live.

In cases where the intended place of residence is unclear, the warden of the detention center shall hand over the review of the results of serving the prison sentence to the individual and require them to present it to the People's Committee at the commune level where they intend to reside.

3. The file for enforcing residence prohibitions is established by the People's Committee at the commune level and includes:

Extracts or copies of the court judgment;

Certificate confirming completion of the prison sentence;

Documentation on the process of serving the residence prohibition;

Other related documents.

Article 9. The People's Committee at the commune level where individuals subject to residence prohibitions are not allowed to reside shall be responsible for:

1. Monitoring to ensure that individuals subject to residence prohibitions do not return to settle temporarily or permanently in the locality during the residence prohibition period.

2. When individuals subject to residence prohibitions are found in the locality, they must be inspected, documented, and required to leave the locality (except in cases provided for in Clause 1 of Article 5 of this Decree) and report to the People's Committee at the commune level where the individuals subject to residence prohibitions are managed.

3. Accepting and providing conditions to assist individuals who have completed the residence prohibition period in working and living.

Article 10. The People's Committee at the commune level where individuals subject to residence prohibitions intend to reside shall be responsible for:

1. Receive, manage, educate, create conditions for them to engage in business, live, work, and study normally, help them become useful members of society, and report to the President of the Court that issued the enforcement decision.

2. When meeting the conditions stipulated in Article 6 of this Decree, prepare a request or provide comments along with relevant documents, if any, to send to the Police at the district level for procedures to transfer to the People's Court at the district level where the enforcement takes place to consider and decide on reducing or exempting the remaining portion of the punishment for those prohibited from residing.

3. The People's Committee of the commune where the person prohibited from residing last resided shall be responsible for issuing a certificate of completion of the prohibition period to the person prohibited from residing and sending a copy to the Court that issued the enforcement decision, the Court, and the Police at the district level where the person prohibited from residing resides.

Chapter III

ENFORCEMENT OF SUPERVISION PUNISHMENT

Section A

Obligations and rights of persons under supervision

Article 11.

1. Persons under supervision have the obligation:

a) Return to the locality designated by the judgment as the place of supervision immediately upon completion of the imprisonment sentence and report to the People's Committee of the commune, presenting a certificate of completion of the imprisonment sentence;

b) Accept management, supervision, and education by local authorities and residents; may not leave the place of supervision without permission;

c) Report monthly, during the first week of each month, to the People's Committee of the commune where supervision is taking place regarding compliance with the supervision regulations;

d) Be present at the designated location when requested by local authorities and answer related questions; if absent, must have a valid reason;

đ) Strictly comply with state policies and laws and local authority regulations; actively work and study to become a useful member of society.

2. If persons under supervision violate the supervision regulations, they may be subject to the following measures:

a) In cases where they fail to report to the People's Committee of the commune within the prescribed time after completing the imprisonment sentence without a valid reason, the People's Committee of the commune will summon them to record the violation and compel compliance with the supervision regulations;

b) In cases where they intentionally fail to comply with the supervision regulations despite the application of necessary coercive measures, they may be criminally prosecuted for the crime of non-compliance with court orders under Article 304 of the Criminal Code.

Article 12. Persons under supervision have the right:

1. To reside together with their family in the locality of supervision;

2. To choose suitable occupations and jobs, except those specifically prohibited by the Court's decision and certain industries and professions requiring conditions under Decree No. 08/2001/NĐ-CP dated February 22, 2001 of the Government; to enjoy all fruits of their labor according to the law;

3. To freely travel within the commune, ward, or town of supervision;

4. To be considered for exemption from the remaining period of supervision according to the provisions of Article 14 of this Decree.

Article 13.

1. If there is a valid reason, with the consent of the People's Committee of the commune where the supervision is enforced and a permit from the competent authority as provided for in Clause 3 of this Article, persons under supervision may leave the commune, ward, or town of supervision for a specified period to handle personal matters.

2. The duration for which persons under supervision may leave the locality of supervision is determined by the authority issuing the permit, but each time it should not exceed five days.

3. The authority to issue permits for persons under supervision to leave the place of supervision is as follows:

a) The Chairman of the People's Committee of the commune where supervision is taking place issues permits to travel within the district, county, city under provincial jurisdiction where supervision is taking place;

b) The Head of the Police at the district level issues permits to travel within the province or centrally-administered municipality where supervision is enforced or to travel beyond that area but only to adjacent districts, counties, cities under provincial jurisdiction;

c) The Director of the Police at the provincial level issues permits to travel outside the province or centrally-administered municipality where supervision is taking place and not covered by point b of Clause 3 of this Article.

4. Permits issued in accordance with Clause 3 of this Article are valid once. In cases where persons under supervision must daily go to a specific place outside the commune, ward, or town for study, work, medical treatment, or other valid reasons, they may be considered for issuance of permits on a monthly basis.

5. When leaving the place of supervision, persons under supervision have the responsibility:

a) To strictly follow the provisions stated in the permit;

b) To report to the People's Committee of the commune where they arrive and present the permit to complete temporary residence registration procedures as required;

c) To return to the place of supervision within the time limit specified in the permit and report to the People's Committee of the commune.

6. Persons under supervision who leave the commune, ward, or town of supervision without a permit or violate the provisions stated in the permit without a valid reason shall be dealt with according to the law, and the time spent outside the place of supervision shall not be counted towards the period of serving the supervision punishment.

Article 14.

1. A person under house arrest may be considered for exemption from the remaining period of house arrest if they meet all of the following conditions:

a) Having served at least half of the house arrest term;

b) Showing sincere remorse, actively working, studying, strictly complying with state policies, laws, local administrative regulations, and house arrest regulations;

c) Being proposed by the Chairman of the People's Committee of the commune where the house arrest is being carried out.

2. The exemption from the remaining period of house arrest can only be implemented after a decision by the People's Court of the district where the enforcement takes place.

3. A person who has been exempted from the remaining period of house arrest must present to the People's Committee of the commune where they reside the court's decision regarding the exemption from the remaining portion of the sentence.

Section B

Responsibilities of the agency enforcing the house arrest penalty

Article 15.

1. The agency enforcing the house arrest penalty is the local authority of the commune where the house arrest is carried out.

2. Two months before the person sentenced to house arrest completes their prison term, the prison warden shall notify in writing the People's Committee of the commune and the Head of the Police Department of the county about:

Name, age, place of origin of the person under house arrest;

Date of completion of the prison sentence;

Assessment of the results of serving the prison sentence;

House arrest term;

Other necessary information for management, education, and creating conditions for the person under house arrest to work, live, and reform.

Article 16. The People's Committee of the commune where the house arrest is carried out has the responsibility:

1. To receive and record in the tracking book the appearance of the person under house arrest; establish a file to manage and track the person under house arrest.

2. To manage, educate, and create conditions for the person under house arrest to work, live, study, and reform to become a useful member of society and report to the Chief Justice of the court that issued the enforcement decision.

3. To review and evaluate every three months, prepare a general report on the process of serving the sentence by persons under house arrest, and send it to the Head of the Police Department of the county.

4. When considering that the conditions stipulated in Article 14 of this Decree are met, to prepare a document proposing the exemption from the remaining period of house arrest for the person under house arrest along with related documents, if any, to send to the Police Department of the county to handle the transfer to the People's Court of the county for consideration and decision according to the provisions of the law.

5. To issue a certificate confirming completion of the house arrest term for the person under house arrest according to a unified model.

The certificate confirming completion of the house arrest term is sent to the court that issued the enforcement decision, the court and the Police Department of the county where the house arrest is carried out.

Article 17. The file for enforcing the house arrest penalty is established by the People's Committee of the commune and includes:

a) An excerpt or copy of the judgment of the court;

b) Certificate of completion of the custodial sentence;

c) Documentation on the process of serving the house arrest penalty.

d) Other related documents.

Article 18. Police stations, police precincts, and police communes where the house arrest is carried out have the responsibility to assist the People's Committee of the commune in the following matters:

1. To monitor the movement and compliance with state policies, laws, and house arrest regulations by the person under house arrest; handle violations of house arrest within their jurisdiction;

2. To receive and handle according to their jurisdiction reports and accusations of criminal acts provided by the person under house arrest;

3. To establish individual files for the person under house arrest;

4. To cooperate with mass organizations and local residents to collect relevant information and materials to propose exemption from the remaining period of house arrest according to the provisions of the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Any person violating the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal liability according to the provisions of the law depending on the nature and severity of the violation.

Article 20.

1. This Decree shall take effect fifteen days from the date of signature. Previous provisions contrary to this Decree are abolished.

2. The Ministry of Public Security is responsible for inspecting and urging the implementation of this Decree.

Article 21. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of the People's Committees of provinces and centrally-administered cities, and related agencies are responsible for implementing this Decree./.