Decree No. 61/2000/ND-CP on the Implementation of Suspended Sentences

DECREE OF THE GOVERNMENT

Regulations on the enforcement of suspended sentence imprisonment

THE GOVERNMENT

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

To enforce suspended sentence imprisonment as prescribed in Article 60 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.The enforcement of suspended sentence imprisonment aims to create conditions for the person benefiting from the suspended sentence to engage in business, livelihood, and demonstrate their repentance and rehabilitation within the normal social environment under the supervision and education of state agencies, organizations, military units, educational and training institutions, or People's Committee of communes, wards, towns where the person benefiting from the suspended sentence works, studies, or resides (hereinafter referred to collectively as supervisory and educational agencies and the family of that person).

2.The person benefiting from the suspended sentence must undergo probation under the supervision and education of supervisory and educational agencies and the family of that person.

If the person benefiting from the suspended sentence has completed half of the probation period and shown significant progress, the court may reduce the probation period according to Clause 4 of Article 60 of the Criminal Code.

Article 2.

1.Supervisory and educational agencies have the responsibility to implement necessary measures to ensure the effectiveness of the enforcement of suspended sentence imprisonment and coordinate with relevant agencies and organizations in supervising and educating the person benefiting from the suspended sentence.

2.The family of the person benefiting from the suspended sentence has the responsibility to educate and assist that person in correcting mistakes, not violating laws, and committing new crimes; closely cooperate with supervisory and educational agencies in supervising and educating that person.

3.Relevant agencies, organizations, and community residents where the person benefiting from the suspended sentence resides have the responsibility to cooperate with supervisory and educational agencies in educating and assisting that person during the probation period.

Article 3. The supervisory and educational agencies mentioned in this Decree are:

1.Agencies and organizations directly managing the person benefiting from the suspended sentence if the person benefiting from the suspended sentence is a civil servant, public official, or student at educational and training institutions;

2.Military units at battalion level or higher if the person benefiting from the suspended sentence is a military personnel or defense industry worker;

3.Enterprises, cooperatives if the person benefiting from the suspended sentence is a wage-earning employee;

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 person benefiting from the suspended sentence resides, if the person benefiting from the suspended sentence does not fall under the categories specified in Clauses 1, 2, and 3 of this Article.

Chapter II

DUTIES AND RIGHTS OF THE PERSON BENEFITING FROM THE SUSPENDED SENTENCE

Article 4.The person benefiting from the suspended sentence shall have the following duties:

1.Strictly comply with national laws; actively fulfill civic duties and village regulations where they reside;

2.Properly record all contents stipulated in the monitoring book of the person benefiting from the suspended sentence and submit it to the direct supervisor and educator upon completion of the probation period;

3.Comply fully with additional penalties and compensation obligations (if any);

4.Report in writing to the direct supervisor and educator monthly about their self-improvement and moral cultivation; in case the person benefiting from the suspended sentence is absent from their place of residence for more than 30 days, the report must include comments from the area police officer or commune police station where they temporarily reside;

5.Prepare a self-criticism report on their self-improvement and moral cultivation to be submitted to the head of the supervisory and educational agency when they have completed half of the probation period. The self-criticism report must include comments from the direct supervisor and educator and the area police officer or commune police station or neighborhood group leader, village chief, hamlet chief where they reside;

6.Submit a report on their self-improvement and moral cultivation to the head of the supervisory and educational agency when the probation period ends. The report must include comments from the direct supervisor and educator. At the same time, return the monitoring book of the person benefiting from the suspended sentence to the direct supervisor and educator;

7.In cases where the person benefiting from the suspended sentence leaves their place of residence:

a)If they are a civil servant, public official, military personnel, defense industry worker, or wage-earning employee, they must obtain permission from the head of the agency or organization where they work, and simultaneously inform the area police officer, commune police station, or neighborhood group leader, village chief, hamlet chief where they reside;

b)If they are a student at educational and training institutions, they must obtain permission from the educational and training institution where they study, and simultaneously inform the area police officer, commune police station, or neighborhood group leader, village chief, hamlet chief 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).People's Committee of communes, wards, towns for supervision and education, specifying the duration of absence and the temporary residence location;

d)In cases specified in points a, b, and c of Clause 7 of this Article, if the person benefiting from the suspended sentence leaves their place of residence overnight, upon arrival, they must immediately report and submit the monitoring book of the person benefiting from the suspended sentence to the area police officer or commune police station where they temporarily reside.

Article 5.

1.The person benefiting from the suspended sentence who is a civil servant, public official, military personnel, defense industry worker, or wage-earning employee, if allowed to continue working at the agency, organization, or military unit where they worked before committing the crime, shall be assigned appropriate tasks consistent with the requirements and objectives of supervision and education and shall enjoy benefits accorded to civil servants, public officials, military personnel, and wage-earning employees based on the job they undertake.

2.The person benefiting from the suspended sentence who is a student at an educational and training institution, if allowed to continue studying at the same institution, shall enjoy rights and benefits according to the regulations of that institution.

3.The person benefiting from the suspended sentence who does not fall under the categories specified in Clauses 1 and 2 of this Article shall be assisted by the People's Committee of communes, wards, towns for supervision and education in finding employment and stabilizing their life in the locality.

4.The person benefiting from the suspended sentence who falls under the category specified in Article 1 of the Ordinance Persons who are granted privileges for revolutionaries, martyrs and their families, wounded veterans, disabled veterans, those who participated in the resistance war, those who have contributed to the revolution, or those currently receiving social insurance benefits shall still be entitled to such benefits as stipulated by law.

5. For individuals on probation who are officials, civil servants, military personnel, defense workers, or wage earners, the probation period shall be counted towards their work experience and service time but shall not be included in the calculation for salary increments or rank promotions based on years of service. The probation period begins from the date when the supervising and educational body receives the decision to enforce the judgment and the record of the judgment.

Article 6.

Individuals on probation have the right to request the supervising and educational body to propose to the People's Court at the district level or Military Court in the area where they are serving their probation to consider shortening the probation period if they have completed half of the probation period and shown significant progress.

During the probation period, if an individual on probation commits a new crime, they will no longer be eligible for suspended sentence and must serve the full prison term of the previous judgment combined with the punishment of the new judgment as provided for in Clause 5, Article 60 of the Criminal Code.

Chapter III

RESPONSIBILITIES AND RIGHTS OF THE AUTHORITIES, ORGANIZATIONS, AND FAMILY

IN MONITORING AND EDUCATING INDIVIDUALS ON PROBATION

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

1. The authorities and organizations responsible for monitoring and educating individuals on probation have the following responsibilities and rights:

a) Assigning personnel directly responsible for monitoring and educating individuals on probation;

b) Creating conditions for individuals on probation to participate in common activities of the organization or workplace where they are employed or residing;

c) Cooperating with relevant agencies and organizations and the family of the individual on probation in education, reform, and assistance to correct mistakes;

d) Requiring individuals on probation to fulfill all their obligations and taking timely measures to prevent and correct negative behaviors, and reporting to competent authorities for necessary actions when required;

đ) Promptly recognizing and praising individuals on probation who show significant progress and actively participate in social activities or make contributions;

e) Permitting individuals on probation to be absent from their place of residence;

g) Proposing to the People's Court at the district level or Military Court in the area where the individual on probation is serving their probation to consider shortening the probation period when they have completed half of the probation period and shown significant progress, either independently or upon request from the individual on probation;

h) Issuing a certificate confirming completion of the probation period for individuals on probation according to the model attached to this Decree;

i) Providing written evaluations and recording the probation process of individuals on probation in their tracking records when they move to another location;

2. When proposing to the court to consider shortening the probation period as stipulated in point e of Article 7 of this Decree, the supervising and educational authority must submit the application file for shortening the probation period along with it;

The application file includes:

a) The proposal from the supervising and educational authority regarding the shortening of the probation period for individuals on probation;

b) The tracking record of individuals on probation;

c) The court's decision on the enforcement of the suspended sentence and the record of the judgment;

d) The application for shortening the probation period from the individual on probation (if applicable);

đ) The self-criticism report of the individual on probation;

e) The minutes of the meeting for the self-criticism of the individual on probation.

3. For individuals on probation who are officials, civil servants, military personnel, defense workers, or wage earners currently studying at educational and training institutions and serving their probation at the agency, organization, military unit, or educational institution, in addition to the responsibilities and rights specified in Clause 1 of this Article, the heads of these agencies, organizations, military units, and educational institutions must also cooperate with the People's Committee of the commune, ward, or town where the individual on probation resides.

4. The supervising and educational authority may not impose additional obligations or restrictions on individuals on probation beyond those prescribed in Article 4 of this Decree and those clearly stated in the judgment of the court.

Article 8.

1. In cases stipulated in points e and h of Clause 1 of Article 7 of this Decree, the supervising and educational authority must organize a meeting for individuals on probation to conduct self-criticism, serving as the basis for evaluating their probation process.

2. The self-criticism process is conducted as follows:

a) Officials, civil servants, military officers, professional military personnel, defense workers, and wage earners conduct self-criticism before their work unit;

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

c) Individuals supervised by the People's Committee of the commune, ward, or town conduct self-criticism before their village, hamlet, neighborhood, or residential group;

d) The self-criticism process must involve the direct supervisor and be recorded in the minutes.

Article 9. The person assigned to directly monitor and educate individuals on probation has the following responsibilities and rights:

1. Proactively meet with individuals on probation to encourage and assist them in strictly adhering to state laws and actively fulfilling their civic duties during the probation period;

2. Report to the head of the supervising and educational authority every three months on the compliance of individuals on probation with the suspended sentence, except in cases of emergency or when requested by the supervising and educational authority;

3. If an individual on probation meets the conditions for reducing the probation period as stipulated in Clause 4 of Article 60 of the Criminal Code, report to the head of the supervising and educational authority to propose to the court to reduce the probation period; if the individual has completed the probation period, request the head of the supervising and educational authority to issue a certificate confirming completion of the probation period.

4. Propose specific measures to cooperate with the family of the suspended sentence recipient and with organizations where the suspended sentence recipient is undergoing probation in monitoring and educating that person;

5. Cooperate with local police, village public security officers, or neighborhood group leaders, village chiefs, commune chiefs, ward chiefs, where the suspended sentence recipient resides in monitoring and educating that person;

6. Record monthly observations on the rehabilitation and training progress of the suspended sentence recipient in the monitoring book;

7. Establish a file to monitor the execution of the suspended sentence by the suspended sentence recipient.

Article 10.

1. The monitoring file for the probation period of the suspended sentence recipient includes:

a) The monitoring book of the suspended sentence recipient issued by the Court;

b) Extracts from the judgment and enforcement decision;

c) Decision of the head of the supervising and educating agency regarding the assignment of personnel directly responsible for supervising and educating the suspended sentence recipient;

d) Commitment letter from the family, if the suspended sentence recipient is a minor;

đ) Report from the suspended sentence recipient to the person directly supervising and educating about their training and rehabilitation progress;

e) Report from the person assigned to directly supervise and educate about the suspended sentence recipient's compliance with the suspended sentence;

g) Minutes of meetings to review the suspended sentence recipient;

h) Self-critique report from the suspended sentence recipient;

i) Evaluation of the probation process of the suspended sentence recipient;

k) Court decision to shorten the probation period (if applicable);

l) Certificate confirming completion of the probation period;

m) Other relevant documents related to the supervision and education of the suspended sentence recipient.

2. When the suspended sentence recipient completes the probation period, the person directly supervising and educating shall be responsible for transferring the file specified in Clause 1 of this Article to the following agencies and organizations for management:

a) Human resources management department of the agency, organization, unit of the military, educational institution, training institution directly managing the suspended sentence recipient who is an officer, civil servant, soldier, defense worker, wage laborer, or student at an educational institution, training institution;

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).People's Committee of the commune, ward, town where the person resides, if the suspended sentence recipient does not fall under the category mentioned in point a, Clause 2 of this Article.

Article 11. In case the suspended sentence recipient moves to another place, the supervising and educating agency shall immediately notify the court that issued the enforcement decision along with the file of the person so that the court can proceed with necessary procedures to transfer the file to the agency or organization where the suspended sentence recipient has moved to continue supervision and education.

Article 12. The family of the suspended sentence recipient has responsibilities and rights:

1. Always pay attention, be close, and take specific measures to help the suspended sentence recipient correct their mistakes, refrain from violating laws; promptly remind and correct when the person exhibits wrongful behavior;

2. Closely cooperate with the person directly supervising and educating the suspended sentence recipient in managing and educating that person; in cases where the convicted person is a minor, the family must provide a commitment letter to the supervising and educating agency or organization;

3. Report to the supervising and educating agency or organization about the training and rehabilitation results of the suspended sentence recipient upon request;

4. Participate in meetings to review the suspended sentence recipient;

5. Fulfill compensation for damages caused by a minor suspended sentence recipient. For minors aged 15 to under 18 years old, compensation is only required if they do not have sufficient assets to cover it.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Any person violating the provisions of this Decree shall be subject to disciplinary action, administrative fines, or criminal liability追究相关责任人违反本规定的责任，视情节轻重予以纪律处分、行政处罚或追究刑事责任。

Article 14. This Decree shall take effect fifteen days from the date of signature.

Article 15.Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies 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./.