Decree No. 60/2000/NĐ-CP on the Implementation of Non-Custodial Reformatory Punishment

DECREE OF THE GOVERNMENT

Regulations on the enforcement of non-custodial corrective punishment

THE GOVERNMENT

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

To enforce the non-custodial corrective punishment prescribed in Articles 31, 58, 59, 73, and 76 of the Criminal Code and Articles 227, 234, 237, and 238 of the Criminal Procedure Code;

At the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1.

1. Non-custodial corrective punishment aims to create conditions for the person sentenced to non-custodial corrective punishment (hereinafter referred to as the convicted person) to work and study in the community and demonstrate their repentance and rehabilitation directly within the normal social environment under the supervision and education of agencies, organizations, military units, educational and training institutions, or Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees of communes, wards, towns where the convicted person resides (hereinafter collectively referred to as the supervising and educating agencies and organizations) and their family.

2. The convicted person must comply with the punishment under the supervision and education of the supervising and educating agencies and organizations and their family.

When the convicted person has served one-third of the non-custodial corrective punishment period and shown significant progress or performed meritorious acts, or suffers from a serious illness, they may be eligible for the court to reduce the term or exempt them from serving the punishment according to Articles 58, 59, and 76 of the Criminal Code.

Article 2.

1. The supervising and educating agencies and organizations have the responsibility to implement necessary measures to ensure the effectiveness of enforcing non-custodial corrective punishment and cooperate with relevant agencies and organizations in supervising and educating the convicted person.

2. The family of the convicted person has the responsibility to educate and assist the convicted person to correct mistakes, not violate laws, and commit new crimes; maintain close relations with the supervising and educating agencies and organizations in supervising and educating the person.

3. Relevant agencies, organizations, and the local community where the convicted person resides have the responsibility to cooperate with the supervising and educating agencies and organizations in educating and assisting the person.

Article 3.The supervising and educating agencies and organizations mentioned in this Decree are:

1. Agencies and organizations directly managing the convicted person if they are civil servants, public officials, or students at educational and training institutions;

2. Military units at battalion level or higher, if the convicted person is a military personnel or defense industry worker;

3. Enterprises, cooperatives, if the convicted person is a wage-earning laborer;

4.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committee of communes, wards, towns where the convicted person resides, if they do not fall under the categories defined in Clauses 1, 2, and 3 of this Article.

Chapter II

DUTIES AND RIGHTS OF THE CONVICTED PERSON

Article 4. The convicted person has the duty to:

1. Strictly abide by state laws; actively participate in labor and study, fulfill all civic duties, and observe village, hamlet, ward, commune, and residential area regulations;

2. Make a commitment statement with the supervising and educating agencies and organizations, clearly stating their determination and direction for correcting mistakes. The commitment statement must include the opinion of the person directly responsible for supervision and education (hereinafter referred to as the direct supervisor and educator);

3. Strictly adhere to their commitment statement, actively correct mistakes, live honestly, and participate in communal activities in their place of residence;

4. Fully record all contents stipulated in the monitoring book and submit it to the direct supervisor and educator when the non-custodial corrective punishment period ends;

5. Fully comply with additional penalties and obligations to compensate for damages (if applicable);

6. Monthly report in writing to the direct supervisor and educator about their self-improvement and cultivation situation; in cases where the convicted person is absent from their place of residence for more than 30 days, the report must include comments from the neighborhood police or the commune police station where they temporarily reside;

7. Self-assess the results of implementing the commitment statement as stipulated in Point 2 of this Article before their workplace, school, or residential community every three months as prescribed in Article 8 of this Decree;

8. Declare and hand over all income subject to withholding according to the court's decision to the civil execution agency. If not submitted on time, they must bear interest as prescribed by the State Bank of Vietnam;

9. Be present when requested by the supervising and educating agencies and organizations;

10. In cases where the convicted person needs to leave their place of residence:

a) If they are civil servants, public officials, military personnel, defense industry workers, or wage-earning laborers, they must seek permission from the head of their working agency or organization, and simultaneously inform the neighborhood group leader, village head, hamlet, ward, or neighborhood police officer, or commune police station where they reside;

b) If they are students at educational and training institutions, they must seek permission from the institution's leadership, and simultaneously inform the neighborhood group leader, village head, hamlet, ward, or neighborhood police officer, or commune police station where they reside;

c) If they are assigned to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committee of communes, wards, towns for supervision and education, they must report to their direct supervisor and educator; in cases where they leave their place of residence for more than 30 days, they must submit a written report to the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the people's committee of communes, wards, towns for supervision and education, specifying the absence period and temporary residence location;

d) In cases as stipulated in Points a, b, and c of Clause 10 of this Article, if the convicted person leaves their place of residence overnight, upon arrival, they must immediately report and submit the monitoring book of the convicted person to the neighborhood police officer or commune police station where they temporarily reside.

Article 5.

1. The convicted person who is a civil servant, public official, military personnel, defense industry worker, or wage-earning laborer, if allowed to continue working at their previous agency, organization, or military unit, shall be assigned a suitable job consistent with the requirements and objectives of supervision and education and shall enjoy benefits corresponding to the job they undertake.

2. The convicted person who is a student at educational and training institutions, if allowed to continue studying there, shall enjoy rights according to the regulations of that educational and training institution.

3. The convicted person who does not fall under the categories specified in Clauses 1 and 2 of this Article shall be provided opportunities for livelihood and living arrangements by the People's Committee of the commune, ward, town where they resided prior to committing the offense.

4. Persons sentenced who fall under the provisions of Article 1 of the Ordinance on Preferential Treatment for Revolutionaries, Martyrs, Families of Martyrs, War Invalids, War Veterans, and Those Who Have Contributed to the Revolutionary Cause, or those currently enjoying social insurance benefits, shall still be entitled to benefits according to current regulations.

5. If persons sentenced are officials, civil servants, military personnel, defense workers, or wage earners, the time spent serving their sentences shall be counted towards their work tenure or service period but shall not be included in the period for salary increments or rank promotions based on years of service. The time served begins from the date when the supervising and educational bodies receive the judgment enforcement decision and the judgment transcript.

Article 6. Sentenced persons have the right to request supervisory and educational bodies to propose to the People's Court at district level or Military Court in the area where they work or reside to consider reducing the time served when they have completed one-third of the non-custodial correction period and shown significant progress or meritorious deeds, or if they are seriously ill or suffering from a grave illness.

If a minor sentenced person has completed one-fourth of the non-custodial correction period, they may be considered for a reduction in sentence. In cases where minors have performed meritorious deeds or suffer from a grave illness, supervisory and educational bodies may immediately propose to the People's Court at the district level where the minor resides to reduce the time served and possibly exempt them from completing the remaining sentence.

Chapter III

RESPONSIBILITIES AND RIGHTS OF THE SUPERVISING AND EDUCATIONAL BODIES AND FAMILY IN MONITORING AND EDUCATING SENTENCED PERSONS

AND THE FAMILY IN THE MATTER OF SUPERVISING AND EDUCATING CONVICTED PERSONS

, Clause 1, Clause 2 Article 7a of this Regulation..

1. Supervisory and educational bodies have the responsibilities and rights:

a) Assigning individuals directly responsible for monitoring and educating sentenced persons;

b) Creating conditions for sentenced persons to work, study, and integrate into the common life of their organization, unit, or locality;

c) Cooperating with relevant organizations and the family of the sentenced person in education, reform, and helping them correct their mistakes;

d) Requiring sentenced persons to fulfill all their obligations and taking preventive and educational measures promptly when they exhibit negative behavior, and reporting to competent authorities for necessary action;

đ) Promptly commending sentenced persons who show significant progress or actively participate in social activities or perform meritorious deeds;

e) Permitting sentenced persons to be absent from their place of residence;

g) Considering or proposing to the People's Court at district level or Military Court in the area where the sentenced person is serving their sentence to review the reduction of the term or exemption from the remaining sentence as stipulated in Article 6 of this Decree upon the request of the sentenced person;

h) Issuing a certificate confirming completion of the non-custodial correction period for sentenced persons;

i) Recording and documenting in a tracking book the process of sentence execution by sentenced persons when they move to another location;

k) Withholding part of the income of sentenced persons according to the court's decision to hand over to the civil enforcement agency.

2. When proposing to the court to review the reduction of the term or exemption from the remaining sentence as stipulated in Clause 1 Point e of this Article, supervisory and educational bodies must submit the file along with the proposal.

The proposal file includes:

a) The proposal of the supervisory and educational body regarding the review of the reduction of the term or exemption from the remaining sentence for the sentenced person;

b) The tracking book of the sentenced person;

c) The judgment transcript and enforcement decision of the court;

d) The application of the sentenced person to shorten the probation period (if they make such a request);

đ) The self-assessment report of the sentenced person;

e) The minutes of the meeting to assess the sentenced person.

3. For sentenced persons who are officials, civil servants, military personnel, defense workers, or wage earners studying at educational and training institutions and serving their sentences at their organizations, units, military units, educational and training institutions, in addition to the responsibilities and rights prescribed in Clause 1 of this Article, the heads of these organizations, units, military units, and educational and training institutions also have the responsibility to coordinate with Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committee of the commune, ward, or town where the sentenced person resides.

4. Supervisory and educational bodies shall not impose additional obligations or restrictions on sentenced persons beyond those specified in Article 4 of this Decree and those already recorded in the court's judgment.

Article 8.

1. In cases stipulated in Point e and h Clause 1 of Article 7 of this Decree, supervisory and educational bodies must organize meetings for sentenced persons to conduct self-assessments, serving as the basis for evaluating their sentence execution process.

2. The assessment process is carried out as follows:

a) Officials, civil servants, military personnel, defense workers, and wage earners conduct self-assessments before their unit collectives;

b) Students at educational and training institutions conduct self-assessments before their class collectives;

c) Individuals assigned Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).by the People's Committee of the commune, ward, or town to monitor and educate conduct self-assessments before their village, hamlet, or residential group;

d) The assessment involves participation from leadership of the organization, unit, and direct monitors and educators, and must be documented in minutes.

Article 9Direct monitors and educators of sentenced persons have the responsibilities and rights:

1. Proactively meet with sentenced persons to understand the reasons and circumstances of their offenses, their thoughts and aspirations, and explain and guide them to fulfill their obligations properly;

2. Report every three months to the head of the supervisory and educational body about the situation of non-custodial correction sentence execution, except in emergencies or when requested by the supervisory and educational body;

3. When sentenced persons meet the conditions for reviewing the reduction of the term of sentence execution as stipulated in Clause 1 of Article 58 of the Criminal Code, they should report to the head of the supervisory and educational body to propose to the court to review the reduction of the term of sentence execution; if they have completed their sentence, they should propose that the head of the supervisory and educational body issue a certificate confirming the completion of the sentence for them.

4. Propose specific measures to cooperate with the family of the convicted person andwith social organizations where that person serves their sentence in terms ofsupervision and education.

5. Cooperate with local police officers, village public security officers, or headsof residential groups, village chiefs, ward chiefs, or commune chiefs where theconvicted person resides for supervision and education.

6. Record monthly observations on the convicted person's self-cultivation andtraining in a monitoring book.

7. Establish a file to monitor the execution of the sentence by the convicted person.

Article 10The file to monitor the execution of the sentence by the convicted person includes:

a) A monitoring book issued by the Court;

b) Extracts from the judgment and enforcement decision of the Court;

c) Decisions by the head of the supervisory and educational agency or organizationregarding the assignment of individuals directly responsible for supervising andeducating the convicted person;

d) A commitment letter from the convicted person and a commitment letter from thefamily if the convicted person is a minor;

đ) Reports from the convicted person to the individual directly supervising andeducating them regarding their training and self-cultivation;

e) Reports from the individual directly supervising and educating the convictedperson regarding their compliance with the suspended sentence;

g) Self-assessment reports from the convicted person;

h) Minutes of meetings for assessing the convicted person;

i) Observations from the individual directly supervising and educating the convictedperson regarding their compliance with the sentence;

k) Decisions by the Court reducing the time served under the sentence (if any);

l) Certificates confirming completion of the sentence;

m) Other relevant documents related to the supervision and education of the convictedperson.

2. When the convicted person completes their sentence, the individual directlyresponsible for supervising and educating them shall be responsible for handingover the file specified in Clause 1 of this Article to the following agencies andorganizations for management:

a) The personnel management department of the agency, organization, militaryunit, educational institution, or training facility directly managing the convictedperson who is an officer, civil servant, military personnel, defense worker, wagedemployee, or student at an educational institution or training facility;

b)Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y the People's Committee of the commune, ward, or town where the person resides,if the convicted person does not fall within the category specified in point a ofClause 2 of this Article.

Article 11In cases where the convicted person transfers to another location while servingthe sentence, the agency or organization shall immediately notify the Court thatissued the enforcement decision along with the file of the convicted person sothat the Court can process the necessary procedures to hand over to the agencyor organization at the new location for continued supervision and education.

Article 12The family of the convicted person shall have the responsibility to:

1. Always show concern, maintain closeness, and take specific measures to assistthe convicted person in correcting their mistakes, avoiding violations of thelaw; promptly remind and correct when they exhibit inappropriate behavior;

2. Closely cooperate with the individual directly supervising and educating theconvicted person in managing and educating them; in cases where the convictedperson is a minor, their family must commit to the supervisory and educationalagency or organization;

3. Fulfill compensation for damages caused by the convicted person who is a minor.Underage persons aged 15 years or older but under 18 years old will only becompensated when they lack sufficient assets to do so;

4. Report to the supervisory and educational agency or organization about therefinement and self-cultivation results of the convicted person upon request;

5. Attend meetings for assessing the convicted person.

 Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Anyone violating the provisions of this Decree shall be subject to disciplinaryaction, administrative fines, or criminal liability according to the law, dependingon the severity of the violation.

Article 14. This Decree takes effect 15 days after the date of signature and replaces DecreeNo. 95/HĐBT dated July 25, 1989 of the Council of Ministers promulgating theRegulations on the non-custodial reform system and reform in disciplinary unitsof the military.

Article 15. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committees of provinces and centrally-administered cities areresponsible for implementing this Decree./.