Circular No. 65/2019/TT-BCA on the enforcement of criminal sentences in the community

CIRCULAR

Article 24Regarding the enforcement of criminal sentences within the community

Pursuant to the Criminal Code of 2015 (amended and supplemented in 2017);

Pursuant to the Criminal Procedure Code 2015;

Pursuant to the Law on People's Police 2018;

Pursuant to the Criminal Enforcement Law 2019;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Department of Police for Custody, Detention, and Enforcement of Criminal Sentences within the Community;

The Minister of Public Security promulgates this Circular on the enforcement of criminal sentences within the community.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the procedures and formalities for enforcing criminal sentences within the community and managing, supervising, and educating individuals serving criminal sentences within the community; the responsibilities of public security units and localities in enforcing criminal sentences within the community.

2. This Circular applies to agencies responsible for enforcing criminal sentences under the Ministry of Public Security, public security agencies within the People's Public Security force, public security units and localities in enforcing criminal sentences within the community; individuals serving criminal sentences within the community; relevant agencies, units, organizations, and individuals involved in enforcing criminal sentences within the community.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Enforcement of criminal sentences within the community includes suspended sentences, warnings, non-custodial corrective measures, residence bans, probation, deprivation of certain civil rights, prohibitions from holding positions, practicing professions, or performing specific tasks; enforcement of decisions to postpone the execution of prison sentences, temporary suspension of the execution of prison sentences; enforcement of decisions to release prisoners early with conditions.

2. Managing, supervising, and educating individuals serving criminal sentences within the community includes supervising and educating those benefiting from suspended sentences, individuals serving non-custodial corrective measures, residence bans, prohibitions from holding positions, practicing professions, or performing specific tasks, deprivation of certain civil rights; monitoring and educating individuals serving probation; managing individuals whose execution of prison sentences has been postponed or temporarily suspended; managing individuals released early with conditions.

3. Individuals serving criminal sentences within the community include those benefiting from suspended sentences; individuals serving non-custodial corrective measures, probation, residence bans, deprivation of certain civil rights, prohibitions from holding positions, practicing professions, or performing specific tasks; individuals whose execution of prison sentences has been postponed or temporarily suspended; individuals released early with conditions (hereinafter referred to as individuals serving sentences).

Article 3. Principles for implementing the enforcement of criminal sentences within the community

1. Compliance with the Constitution and laws.

2. Ensuring strict enforcement of court judgments and decisions that have legal effect.

3. Ensuring compliance with authority, procedures, and formalities as prescribed by the Law on Enforcement of Criminal Sentences and related laws.

4. Managing, supervising, and educating individuals serving sentences strictly and effectively; creating favorable conditions for individuals serving sentences to serve their sentences smoothly and become useful members of society; preventing and stopping violations of the law and criminal acts by individuals serving sentences; creating conditions for organizations and individuals to participate in managing, supervising, and educating individuals serving sentences.

5. Work on enforcing criminal sentences within the community must be carried out uniformly, with close coordination among public security units and localities; ensuring requirements for administrative reform and judicial reform; effectively serving work to ensure social security and economic development.

Article 4. Funding for the execution of criminal sentences within the community in the People's Public Security

1. The funding for the execution of criminal sentences within the community in the People's Public Security is allocated in the annual budget estimate of the Ministry of Public Security assigned to public security units and localities.

2. Public security units and localities shall proactively advise local authorities to ensure the budget or raise funds from other lawful sources according to the law to support the execution of criminal sentences within the community in their locality.

Chapter II

IMPLEMENTATION OF THE PROCEDURES AND PROCEDURES FOR THE EXECUTION OF CRIMINAL SENTENCES WITHIN THE COMMUNITY AND MANAGEMENT, SUPERVISION, AND EDUCATION OF PERSONS ENFORCING THE SENTENCE

Article 5. Receiving judgments, decisions, files, and documents for the execution of criminal sentences within the community

1. Upon receiving judgments and decisions from the court, the criminal enforcement agency of the county-level public security must record in the tracking book, clearly noting the date of receipt; check the judgment and decision. If errors in spelling, incorrect information, or data are found, the county-level public security criminal enforcement agency must issue a document requesting the court that issued the judgment and decision to correct and supplement it.

2. Upon receiving notification of the completion of the imprisonment sentence by the prisoner according to Clause 1, Article 46 of the Criminal Enforcement Law, the county-level public security criminal enforcement agency must verify and investigate. In cases where there is no prisoner at the address of residence stated in the notification or the address of residence has changed, they must notify the agency or unit that sent the notification to verify and clarify the place of residence of the prisoner.

Upon receiving documents and files on the execution of criminal sentences within the community from detention centers, temporary detention centers, provincial-level and county-level public security criminal enforcement agencies, or criminal enforcement agencies in the Military managing prisoners who will serve criminal sentences within the community, the county-level public security criminal enforcement agency must record in the tracking book, clearly noting the date of receipt; check the file and documents. If the documents are missing or not properly provided, request the agency or unit that sent or transferred the files and documents to provide supplementary materials.

3. The head of the Criminal Enforcement and Legal Support Police Team reports and proposes the head of the county-level public security criminal enforcement agency to issue a decision assigning staff to monitor the execution of criminal sentences for new cases received according to Clause 1 and Clause 2 of this Article, ensuring that each person serving a sentence has a criminal enforcement agency staff member to follow up. In case of changing the assigned criminal enforcement officer, the head of the county-level public security criminal enforcement agency issues a decision to assign a replacement.

Article 6. Files for the execution of criminal sentences within the community

1. Files for the execution of criminal sentences within the community (hereinafter referred to as execution files) include the following files:

a) Execution files for suspended sentences;

b) Execution files for non-custodial corrective sentences;

c) Execution files for residence prohibition sentences;

d) Execution files for house arrest sentences;

đ) Execution files for deprivation of certain civil rights;

e) Execution files for prohibition from holding positions, practicing professions, or engaging in specific activities;

g) Execution files for decisions to postpone the execution of imprisonment sentences;

h) Execution files for decisions to temporarily suspend the execution of imprisonment sentences;

i) Prisoner files of persons conditionally released before the end of their term.

2. The county-level public security criminal enforcement agency establishes the types of files specified in Points a, b, c, d, đ, e, g, and h of Clause 1 of this Article; receives prisoner files of persons conditionally released before the end of their term handed over by detention centers, temporary detention centers, or county-level public security criminal enforcement agencies where the conditionally released prisoners were managed. The establishment of execution files must be completed within the prescribed time frame and contain all required documents as stipulated by the Criminal Enforcement Law.

After establishing the execution files, the county-level public security criminal enforcement agency shall implement:

a) Notifying the People's Committee of the commune;

b) Sending copies of documents related to suspended sentences, non-custodial corrective sentences, residence prohibition sentences, house arrest sentences, and postponement of imprisonment sentences to the People's Committee of the commune for management, supervision, and education of persons serving criminal sentences within the community;

c) Registering the execution files according to regulations.

3. The county-level public security criminal enforcement agency manages the execution files and supplements documents into the execution files.

4. The establishment, registration, management, classification transfer, conclusion, and archiving of various types of execution files shall be carried out according to the file system of the Ministry of Public Security.

Article 7. Summoning the person executing the judgment to perform enforcement procedures and commit to compliance with the judgment

1. The summoning of suspended sentence recipients, persons serving non-custodial corrective punishment, and persons whose imprisonment sentences have been deferred shall be carried out as follows:

a) The criminal enforcement agency of the public security department at the district level shall summon the person executing the judgment to the People's Committee office at the commune level to perform enforcement procedures and commit to compliance with the judgment and the law within the prescribed time limit under the Criminal Enforcement Law. In cases where the person executing the judgment is under 18 years old, the representative of the person executing the judgment shall also be summoned to participate in the meeting.

b) The criminal enforcement agency of the public security department at the district level shall send a summons to the person being summoned and simultaneously notify the Chairman of the People's Committee at the commune level and request the Chairman of the People's Committee at the commune level to appoint a representative to attend the meeting of the criminal enforcement agency of the public security department at the district level with the person executing the judgment.

c) The participants in the meeting with the person executing the judgment include: staff from the criminal enforcement agency of the public security department at the district level (chairing), representatives from the People's Committee at the commune level, representatives from the public security station at the commune level, and the representative of the person executing the judgment if the person executing the judgment is under 18 years old.

d) The content of the meeting and commitment to compliance with the judgment shall be carried out as follows:

Staff from the criminal enforcement agency of the public security department at the district level shall announce the court's decision, the rights and obligations of the person executing the judgment; require the person executing the judgment to strictly comply with the law, the obligations of the person executing the judgment, local regulations, and other relevant matters related to the execution of the judgment; require the person executing the judgment to write a self-declaration and a commitment to compliance with the judgment. If the person executing the judgment is under 18 years old, the commitment to compliance with the judgment must be confirmed by the representative of the person executing the judgment. At the end of the meeting, a record of the meeting shall be established, signed by all participants in the meeting.

đ) In cases where the person executing the judgment does not appear on time for the summons without a valid reason, the criminal enforcement agency of the public security department at the district level must establish a record of violation of obligations and cooperate with the People's Committee at the commune level and the public security station at the commune level to verify. If verification results are obtained, the person executing the judgment shall be required to appear at the People's Committee office at the commune level to fulfill the commitment to compliance with the judgment. If verification results are not obtained, cooperation with the court and the competent prosecution authority shall be sought to resolve and handle the enforcement of the judgment, and report to the criminal enforcement agency of the public security department at the provincial level and the agency managing criminal enforcement of the Ministry of Public Security. In cases where the person executing the judgment deliberately refuses to make a commitment, the criminal enforcement agency of the public security department at the district level shall establish a record of violation of obligations and handle it according to regulations.

2. The summoning of persons serving residence prohibition, probation, and persons granted conditional early release shall be carried out as follows:

a) After receiving the files and documents transferred by the criminal enforcement agency of the public security department at the district level pursuant to points a and b, Clause 2, Article 6 of this Circular, the public security station at the commune level shall advise the People's Committee at the commune level to issue a summons to the person executing the judgment to appear at the People's Committee office at the commune level to perform enforcement procedures and commit to compliance with the judgment and obligations. In cases where the person executing the judgment is under 18 years old, the representative of the person executing the judgment shall also be summoned to participate in the meeting.

b) The meeting with the person executing the judgment shall include representatives from the People's Committee at the commune level (chairing) and the public security station at the commune level, and the representative of the person executing the judgment if the person executing the judgment is under 18 years old. If necessary, staff from the criminal enforcement agency of the public security department at the district level may be invited to attend the meeting with the person executing the judgment.

c) The content of the meeting and commitment to compliance with the judgment shall be carried out as follows:

The public security station at the commune level shall announce the court's decision, the rights and obligations of the person executing the judgment; require the person executing the judgment to strictly comply with the law, the obligations of the person executing the judgment, local regulations, and other relevant matters related to the execution of the judgment; require the person executing the judgment to write a self-declaration and a commitment to compliance with the judgment. If the person executing the judgment is under 18 years old, the commitment must be confirmed by the representative of the person executing the judgment. At the end of the meeting, a record shall be established, signed by all participants in the meeting; report to the criminal enforcement agency of the public security department at the district level on the results of the summons and commitment to compliance with the judgment.

đ) In cases where a person granted conditional early release voluntarily reports to the People's Committee at the commune level or the public security station at the commune level based on the certificate of conditional early release, the meeting and commitment to compliance with obligations shall be immediately carried out in accordance with points b and c of this clause.

e) In cases where the person executing the judgment does not appear on time for the summons without a valid reason, the public security station at the commune level shall establish a record of violation of obligations and conduct verification. If verification results are obtained, the person executing the judgment shall be required to appear at the People's Committee office at the commune level to fulfill the commitment to compliance with the judgment. If verification results are not obtained, report to the criminal enforcement agency of the public security department at the district level. The criminal enforcement agency of the public security department at the district level shall cooperate with the court and the competent prosecution authority to resolve and handle the enforcement of the judgment, and report to the criminal enforcement agency of the public security department at the provincial level and the agency managing criminal enforcement of the Ministry of Public Security. In cases where the person executing the judgment deliberately refuses to make a commitment, the public security station at the commune level shall establish a record of violation of obligations and proceed to handle it according to regulations.

3. Self-declarations, commitments to compliance with the judgment, and records of meetings (originals) shall be kept in the enforcement file; one set (copy) shall be kept in the management, supervision, and education file of the person executing the judgment.

4. The public security station at the commune level shall be responsible for coordinating with the family of the person executing the judgment to closely monitor the situation of the person executing the judgment; require the person executing the judgment to appear at the People's Committee office at the commune level on time for the summons and strictly comply with the commitment to compliance with the judgment.

5. After summoning the person executing the sentence, the Head of the Commune Police shall issue a decision assigning a police officer or a police agent to manage, supervise, and educate the person executing the sentence.

Article 8. Files for managing, supervising, and educating persons executing sentences

1. Files for managing, supervising, and educating persons executing criminal sentences in the community (hereinafter referred to as files for managing, supervising, and educating persons executing sentences)include the following files: a) Files for supervising and educating persons granted suspended sentences;

b) Files for supervising and educating persons serving non-custodial corrective sentences;

c) Files for supervising and educating persons serving residence prohibition sentences;

d) Files for controlling and educating persons serving domiciliary surveillance sentences;

e) Files for managing persons granted suspension of execution of custodial sentences;

f) Files for managing persons granted temporary suspension of execution of custodial sentences;

g) Files for managing persons granted conditional early release from prison.

2. The Head of the Commune Police shall advise the People's Committee of the commune to establish the types of files specified in points a, b, c, d, and e of Clause 1 of this Article in accordance with the prescribed deadlines and ensure that they contain all required documents as stipulated by the Criminal Execution Law. The Criminal Enforcement Agency of the County Police shall establish the file for managing persons granted conditional early release from prison as specified in point g of Clause 1 of this Article and hand it over to the People's Committee of the commune.

3. The Commune Police shall manage various types of files for managing, supervising, and educating persons executing sentences and supplement documents into these files during the execution of sentences.

4. The Commune Police shall advise the People's Committee of the commune to transfer files for managing, supervising, and educating persons executing sentences to the Criminal Enforcement Agency of the County Police in the following cases:

a) Upon completion of the term of sentence execution;

b) When the person executing the sentence commits a new crime and has been indicted by the investigating authority;

c) When there is a court decision ordering the execution of the custodial sentence or a decision on the enforcement of the custodial sentence under the judgment;

d) When there is a decision to annul the judgment or the enforcement decision;

e) When the person executing the sentence changes their place of residence;

f) When the person executing the sentence dies.

5. The transfer of enforcement files and files for managing, supervising, and educating persons executing sentences must be recorded in a protocol, and the enforcement files and files for managing, supervising, and educating persons executing sentences must be kept.

Article 9. On Implementing Residency Management for Persons Executing Sentences

1. The Commune Police shall guide persons executing sentences to register their permanent residence and temporary residence in accordance with the law on residency.

2. The handling of absence from the place of residence by persons executing sentences shall be carried out as follows:

a) For persons granted suspended sentences, persons serving non-custodial corrective sentences, persons granted suspension of execution of custodial sentences, persons granted temporary suspension of execution of custodial sentences, and persons granted conditional early release from prison who wish to be absent from their place of residence for one day or more, the Commune Police shall guide them to write an application for absence from their place of residence and advise the People's Committee of the commune to consider and issue a decision on the handling of the application for absence from the place of residence of the person executing the sentence; the decision must clearly state whether it agrees or disagrees, and if it disagrees, it must specify the reasons.

For persons serving domiciliary surveillance sentences who have legitimate reasons to leave the place of surveillance, the Commune Police shall guide them to write an application for absence from the place of surveillance and advise the People's Committee of the commune to handle the departure from the place of surveillance according to Article 115 of the Criminal Execution Law.

When considering and handling the absence from the place of residence of persons executing sentences, the Commune Police must base their decisions on the reasons for the absence from the place of residence, the situation and results of the execution of the sentence, the requirements for managing, supervising, and educating persons executing sentences when they are absent from the place of residence, and must not exceed the time period for absence allowed by the Criminal Execution Law.

When persons executing sentences are granted permission to be absent from their place of residence, the Commune Police must explain and guide them on the procedures for declaring temporary absence and temporary residence, and compliance with the law and obligations of persons executing sentences during the period of absence from the place of residence; upon return, they must submit a confirmation from the People's Committee of the commune or the Commune Police where they temporarily resided, as required.

Documents related to the handling of absence from the place of residence of persons executing sentences must be filed in the files for managing, supervising, and educating persons executing sentences.

b) The Commune Police must regularly monitor and inspect the situation of persons executing sentences to promptly detect and prevent violations of obligations and laws. In cases where persons executing sentences leave their place of residence without permission or reporting, the Commune Police must cooperate with their families to conduct investigations and handle and process according to regulations.

3. The handling of cases where persons executing sentences change their place of residence shall be carried out as follows:

a) The handling of changing the place of residence for persons granted suspended sentences, persons serving non-custodial corrective sentences, persons granted suspension of execution of custodial sentences, and persons granted conditional early release from prison shall be implemented in accordance with the regulations of the Ministry of Public Security;

b) In cases where persons serving residence prohibition sentences change their place of residence, the Commune Police shall advise the People's Committee of the commune to report to the Criminal Enforcement Agency of the County Police and hand over the supervision and education files of the person executing the sentence to proceed with the enforcement procedures;

c) In cases where persons serving sentences involving deprivation of certain civil rights, prohibition from holding positions, or engaging in specific professions change their place of residence or work, the Commune Police shall advise the People's Committee of the commune to report to the Criminal Enforcement Agency of the County Police to monitor and implement the enforcement procedures.

4. Public security units and localities shall carry out procedures for registering temporary suspension of exit from the country and non-permission to exit the country for persons executing sentences in accordance with the law and the regulations of the Ministry of Public Security.

4. The public security units and localities shall carry out the procedures for temporarily suspending departure from the country and not allowing departure from the country for persons serving sentences in accordance with the provisions of the law and the Ministry of Public Security.

Article 10. On the Implementation of Comments and Reports During the Execution of Sentences

1. The implementation of comments and reports by the sentence enforcement officer shall be as follows:

a) For suspended sentence beneficiaries, probationers under non-custodial corrective punishment, individuals under domiciliary surveillance, and those conditionally released from prison: They must submit their self-assessment and report on their fulfillment of obligations within the first five days of each month to the police officer responsible for managing, supervising, and educating them, so that such officer can confirm and comment on these reports, which will then be reported to the People's Committee at the commune level and filed in the management, supervision, and education records of the sentence enforcement individual.

b) For individuals subject to residence prohibition, deprivation of certain civil rights, prohibition from holding certain positions, engaging in certain professions, or performing certain tasks, those whose imprisonment sentences have been postponed, and those temporarily suspended from serving their sentences: Sentence enforcement officers do not need to regularly submit assessments and reports.

In cases where necessary, to facilitate the management, supervision, and education of sentence enforcement individuals, the commune-level police may request such individuals to report on their compliance with laws and their obligations, as well as other relevant matters concerning the execution of their sentences.

2. The commune-level police shall advise the People's Committee at the commune level to implement comments and reports as follows:

a) Monthly, within the first five days of each month, they shall assess the compliance with sentences and obligations of suspended sentence beneficiaries, probationers under non-custodial corrective punishment, and those conditionally released from prison; report on the management of those whose imprisonment sentences have been postponed and those temporarily suspended from serving their sentences. Every three months, within the first five days of the reporting period, they shall assess the compliance with domiciliary surveillance sentences and send the assessment to the criminal enforcement agency of the county-level police.

When advising the People's Committee at the commune level on comments and reports, the commune-level police must fully and accurately evaluate the situation and results of compliance with laws and obligations of sentence enforcement individuals; simultaneously classify the results of sentence enforcement to serve the management, supervision, and education of such individuals.

b) All comments and reports by the People's Committee at the commune level must be filed in the management, supervision, and education records of the sentence enforcement individual and copied to the criminal enforcement agency of the county-level police for filing in the enforcement records.

3. The time for comments and reports shall be as follows:

a) For monthly periodic comments and reports: The assessment period runs from the first day to the last day of the month being assessed and reported. For the first month, it starts from the date of commencement of sentence enforcement to the last day of the month being assessed and reported. For the final month, it runs from the first day of the month to the date of transferring the management, supervision, and education records of the sentence enforcement individual to the criminal enforcement agency of the county-level police.

b) For quarterly periodic comments and reports: The assessment period runs from the first day of the first month in the reporting period to the last day of the third month in the reporting period. For the first period, it starts from the date of commencement of sentence enforcement to the last day of the third month in the reporting period. For the final period, it runs from the first day of the first month in the reporting period to the date of transferring the management, supervision, and education records of the sentence enforcement individual to the criminal enforcement agency of the county-level police.

Article 11. Summoning the person executing the sentence during the execution period

1. During the execution period, when there is a request for management, supervision, and education of the person executing the sentence, the criminal enforcement agency of the police at the district level or commune level shall advise the People's Committee at the commune level to summon the person executing the sentence to the office for work. The summoning of the person executing the sentence must be carried out in writing. At the end of the meeting with the person executing the sentence, a record must be made and reported to the criminal enforcement agency of the police at the district level.

2. In cases where the person executing the sentence does not appear according to the summons without a valid reason or does not comply with the requirements during the working process, reminders, violation records, or administrative penalties may be imposed depending on the nature and severity of the situation.

Article 12. Implementing reduction or exemption of the term of community-based criminal execution

1. Shortening the probation period for suspended sentence recipients and those granted conditional early release; reducing or exempting the term of community service punishment; exempting the remaining term of residence prohibition or restriction (collectively referred to as reduction or exemption of the term of community-based criminal execution)) shall be implemented in accordance with the provisions of the Criminal Enforcement Law and the guidance of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice.shall be implemented in accordance with the provisions of the Criminal Execution Law and the guidance of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice.

2. The police at the commune level shall be responsible for reviewing cases that meet the conditions for reduction or exemption of the term of community-based criminal execution and advising the People's Committee at the commune level to report to the criminal enforcement agency of the police at the district level to carry out the procedures for reduction or exemption of the term of community-based criminal execution.

Article 13. Handling cases where the person executing the sentence violates obligations, violates laws, or commits new crimes

1. If the person executing the sentence violates their obligations, the police at the commune level must prepare a record for handling or advise the People's Committee at the commune level to propose the criminal enforcement agency of the police at the district level to handle it in accordance with the Criminal Enforcement Law and related laws.

2. If the person executing the sentence violates the law and is administratively penalized, the police at the commune level shall retain the decision on administrative penalty and related documents (if any) in the file for managing, supervising, and educating the person executing the sentence as a basis for evaluating and assessing the execution of the sentence; advise the People's Committee at the commune level to issue a report to the criminal enforcement agency of the police at the district level to keep the enforcement file.

3. In cases where the person executing the sentence is admitted to a rehabilitation school, compulsory educational facility, compulsory medical facility, or compulsory drug rehabilitation facility, the following actions shall be taken:

a) The criminal enforcement agency of the police at the district level and the People's Committee at the commune level must cooperate with these agencies and organizations to enforce the sentence and manage, supervise, and educate the person executing the sentence;

b) Immediately after the person executing the sentence is admitted to a rehabilitation school, compulsory educational facility, compulsory medical facility, or compulsory drug rehabilitation facility, the police at the commune level shall advise the People's Committee at the commune level to issue a notification to these agencies and organizations to coordinate in managing, supervising, and educating the person executing the sentence and request a written assessment of compliance with the internal regulations of the rehabilitation school, compulsory educational facility, compulsory medical facility, or compulsory drug rehabilitation facility according to the provisions of Clause 2, Article 10 of this Circular to keep the management, supervision, and education files and as a basis for evaluation and reporting; report to the criminal enforcement agency of the police at the district level for monitoring.

c) In cases where the person executing the sentence has completed the decision to admit them to a rehabilitation school, compulsory educational facility, compulsory medical facility, or compulsory drug rehabilitation facility but has not yet completed the sentence, they shall continue to enforce the sentence according to the regulations. In cases where the execution period has expired but the decision to admit them to a rehabilitation school, compulsory educational facility, compulsory medical facility, or compulsory drug rehabilitation facility has not been completed, the procedures for concluding the enforcement of the sentence as stipulated in Article 15 of this Circular shall be implemented.

4. If the person executing the sentence commits a new crime and is criminally prosecuted, the criminal enforcement agency of the police at the district level and the police at the commune level must cooperate with the prosecution agency handling the case to collect and supplement evidence into the enforcement file and the management, supervision, and education file of the person executing the sentence. When there is a conclusion from the prosecution agency, the following actions shall be taken:

a) If the person executing the sentence is sentenced to imprisonment or death, the management, supervision, and education file of the person executing the sentence shall be handed over to the criminal enforcement agency of the police at the district level. The criminal enforcement agency of the police at the district level shall proceed with the procedures for changing the type, concluding, and filing the enforcement file according to the regulations.

b) If the person executing the sentence is not sentenced to imprisonment or death, the enforcement of the sentence shall continue according to the regulations.

5. If a suspended sentence recipient violates their obligations and is required to serve the custodial sentence of the original judgment, or if a conditionally released prisoner's release decision is revoked due to committing a new crime, fleeing, or violating the law and causing negative impacts on public security and social order, the police at the commune level must advise the People's Committee at the commune level to report to the criminal enforcement agency of the police at the district level to implement the procedures for compelling them to serve the custodial sentence according to the Criminal Enforcement Law. If the person executing the sentence flees, a manhunt shall be organized.

If a person serving a community service punishment or residence prohibition or restriction deliberately violates their obligations and continues to violate despite being punished, the police at the commune level shall advise the People's Committee at the commune level to request the competent authority to pursue criminal responsibility for the crime of non-compliance with the judgment as stipulated in Article 380 of the Penal Code.

6. The review of suspended sentence recipients, persons serving community service punishments, and conditionally released prisoners who violate their obligations shall be conducted as follows:

a) The People's Police Station at the commune level shall advise the People's Committee at the commune level to organize a meeting for inspection. Participants include representatives from the People's Committee at the commune level (chairing), the Vietnam Fatherland Front at the grassroots level, residential area representatives, representatives from the People's Police Station at the commune level, police officers assigned to manage, supervise, and educate persons serving sentences (secretary), relatives of the person serving the sentence (if any).

b) Content of the meeting: The chairperson shall brief on the contents of the meeting; the person serving the sentence shall present their self-inspection report, clearly stating the violation and the direction for rectification and improvement, and efforts to strive for progress; participants shall provide comments; the chairperson shall conclude with opinions and unify the contents and forms of handling for the person serving the sentence; a record of the meeting shall be made, signed by all participants for file management, supervision, and education. The People's Police Station at the commune level shall advise the People's Committee at the commune level to report to the Criminal Enforcement Agency of the People's Police Station at the district level about the inspection meeting for the person serving the sentence (attached with the record of the meeting).

Article 14. Handling cases where a person serving a sentence dies

1. In the event that a person serving a sentence dies, the People's Police Station at the commune level shall advise the People's Committee at the commune level to report in writing and transfer the management, supervision, and education files of the person serving the sentence to the Criminal Enforcement Agency of the People's Police Station at the district level.

2. Within three working days from the date of receiving the report from the People's Committee at the commune level, the Criminal Enforcement Agency of the People's Police Station at the district level must complete the procedure to notify the court that issued the enforcement decision to issue a decision to terminate the enforcement of the sentence. After receiving the decision to terminate the enforcement of the sentence, the Criminal Enforcement Agency of the People's Police Station at the district level shall complete the procedures to conclude and archive the enforcement case file according to regulations.

Article 15. Implementation of procedures to terminate criminal enforcement in the community

1. Issuing a certificate upon completion of the sentence:

a) When a suspended sentence recipient, a conditional early release recipient, a person serving a non-custodial punishment, a residence prohibition, or a person under house arrest has completed their sentence, the People's Police Station at the commune level shall advise the People's Committee at the commune level to prepare a written report on the situation and results of the sentence execution and transfer the management, supervision, and education files of the person serving the sentence to the Criminal Enforcement Agency of the People's Police Station at the district level within the time limit prescribed by the Law on Criminal Enforcement.

The handover of the file must be recorded and archived in the enforcement file. In the case where a person serving a sentence involving deprivation of certain civil rights, prohibition from holding positions, or engaging in specific professions has completed their sentence, the Criminal Enforcement Agency of the People's Police Station at the district level shall issue a certificate of completion of the sentence to them.

b) The head of the Criminal Enforcement Agency of the People's Police Station at the district level shall sign the certificate of completion of the sentence; issue it to the person serving the sentence and send it to relevant agencies, organizations, and individuals as stipulated by the Law on Criminal Enforcement and archive the enforcement file. If there is no head of the Criminal Enforcement Agency of the People's Police Station at the district level at the end of the sentence period, the Chief of the People's Police Station at the district level must issue a confirmation of completion of the sentence to the person serving the sentence. Once the head of the Criminal Enforcement Agency of the People's Police Station at the district level is appointed, the issuance of the certificate of completion of the sentence shall be carried out.

c) After issuing the certificate of completion of the sentence, the Criminal Enforcement Agency of the People's Police Station at the district level shall incorporate the management, supervision, and education files of the person serving the sentence into the enforcement file and complete the procedures to conclude and archive the enforcement file according to the file system of the Ministry of Public Security.

2. Execution of custodial sentences for persons whose sentences have been postponed or temporarily suspended as follows:

a) The People's Police Station at the commune level must check and review cases approaching the end of the postponement or temporary suspension period to consolidate files; request the person serving the sentence to voluntarily go to serve the sentence. Transfer the management files of persons whose sentences have been postponed or temporarily suspended to the Criminal Enforcement Agency of the People's Police Station at the district level immediately after they go to serve the custodial sentence.

b) The Criminal Enforcement Agency of the People's Police Station at the district level must proactively check cases approaching the end of the postponement or temporary suspension period and coordinate with the court that issued the decision to postpone or temporarily suspend the sentence to carry out the procedures to send persons whose sentences have been postponed or temporarily suspended to serve the custodial sentence. If the person whose sentence has been postponed or temporarily suspended does not voluntarily go to serve the sentence, compulsory enforcement measures shall be taken according to regulations (except in cases of force majeure or objective obstacles); if they escape, a manhunt shall be organized and pursued.

c) After the person whose sentence has been postponed or temporarily suspended goes to serve the custodial sentence, the Criminal Enforcement Agency of the People's Police Station at the district level shall complete the procedures to change the category or conclude and archive the enforcement decision for postponement or temporary suspension according to the file system of the Ministry of Public Security.

d) In the case where a person whose sentence has been postponed or temporarily suspended due to serious illness, if it is found that there are signs of recovery but the person still uses health reasons to avoid serving the sentence or shows signs of mental illness or other diseases that impair cognitive or behavioral control, the Criminal Enforcement Agency of the People's Police Station at the district level shall conduct a medical examination or psychiatric evaluation according to regulations. Based on the results of the evaluation, the agency shall proceed to send the person whose sentence has been postponed or temporarily suspended to serve the sentence or take the procedure to revoke the decision to postpone or temporarily suspend and apply compulsory medical treatment measures according to regulations.

Article 16. Community criminal execution database

1. The community criminal execution database is a part of the criminal execution database and integrates with the national information system on crime prevention and suppression of the Ministry of Public Security; it is established to manage information on community criminal executions, serving state management of community criminal executions by the Ministry of Public Security and local public security agencies.

2. The criminal execution management agency under the Ministry of Public Security shall take the lead in establishing the nationwide community criminal execution database and guide local public security units and agencies in building, installing, managing, maintaining, updating, and utilizing information from the community criminal execution database.

Article 17. Execution of community criminal sentences for cases transferred by the Military

In cases where criminal judgments and enforcement decisions are transferred by military criminal enforcement agencies, the county-level criminal enforcement agency of the Public Security shall accept the person, enforcement file, and management, supervision, and education files of the person executing the sentence handed over by the military zone criminal enforcement agency and organize enforcement according to the provisions of the Criminal Enforcement Law and this Circular.

Article 18. Implementation of community criminal execution for counties without administrative village units

1. For counties without administrative village units, the county-level criminal enforcement agency of the Public Security shall perform the tasks and powers regarding the management, supervision, and education of persons executing sentences that would otherwise be carried out by the People's Committee at the village level.

2. Staff members of the county-level criminal enforcement agency of the Public Security assigned directly shall carry out the duties of village-level public security staff.

3. The county-level criminal enforcement agency of the Public Security shall summon the person executing the sentence to the agency's office to complete the enforcement procedures and sign a commitment to execute the sentence (instead of summoning the person executing the sentence to the People's Committee office).

4. No management, supervision, and education files of persons executing sentences as stipulated in Article 8 of this Circular shall be established. Documents generated during the execution of the sentence shall be filed in the enforcement file.

Article 19. Management, Supervision, and Education of Foreign Nationals Executing Sentences

1. In cases where the person executing the sentence is a foreign national, the county-level criminal enforcement agency of the Public Security must report to the provincial-level criminal enforcement agency of the Public Security to inform the Ministry of Foreign Affairs in the following situations:

a) After establishing the enforcement file;

b) When the person executing the sentence has their sentence period reduced or exempted;

c) When the person executing the sentence completes the sentence;

d) When the person executing the sentence dies.

2. Any self-assessment reports, inspection reports, and other related documents in a foreign language must be translated into Vietnamese according to regulations and filed in the enforcement file, management, supervision, and education file of the person executing the sentence.

Article 20. Inventory, Roll Call, and Count of Persons Executing Sentences

1. Quarterly, within the first five days of the first month of each quarter, the village-level public security agency shall conduct an inventory, roll call, and count of all persons executing sentences in its jurisdiction.

2. The inventory, roll call, and count of persons executing sentences in exceptional circumstances shall be carried out according to the requirements for managing, supervising, and educating persons executing sentences by the county-level criminal enforcement agency of the Public Security, the provincial-level criminal enforcement agency of the Public Security, or as directed by the Ministry of Public Security and the Department of Custody, Detention, and Community Criminal Enforcement.

3. The inventory, roll call, and count of persons executing sentences as stipulated in Clause 1 and Clause 2 of this Article must be recorded in the tracking book for inventory, roll call, and count of persons executing community criminal sentences; reported to the county-level criminal enforcement agency of the Public Security for monitoring the results of the inventory, roll call, and count.

4. The criminal enforcement agency may assign staff to monitor, inspect, and supervise the implementation of the inventory, roll call, and count of persons executing sentences in the community.

Chapter III

RESPONSIBILITIES OF LOCAL PUBLIC SECURITY UNITS IN COMMUNITY CRIMINAL ENFORCEMENT

Article 21. Responsibilities of Units under the Ministry

1. The Department of Police for Custody, Detention, and Community Service Enforcement shall be the focal point to assist the Minister in managing state administration on community service enforcement nationwide, and shall have the responsibility to:

a) Advise on the development, issuance, and implementation of documents concerning mechanisms, policies, and laws on community service enforcement;

b) Direct, guide, and inspect local police units regarding community service enforcement work;

c) Promote, disseminate, and educate on laws related to community service enforcement;

d) Organize training on laws and professional skills related to community service enforcement;

đ) Report and compile statistics on community service enforcement work;

e) Deploy information technology applications and manage databases to serve state management of community service enforcement;

g) Print and distribute forms and books related to community service enforcement;

h) Carry out the tasks and powers of the Ministry of Public Security's Community Service Enforcement Management Agency in community service enforcement;

i) Perform other tasks in community service enforcement.

2. Units under the Ministry, based on their functions, tasks, and granted authorities, shall have the responsibility to coordinate with the Department of Police for Custody, Detention, and Community Service Enforcement in implementing community service enforcement; direct and guide local police forces in performing community service enforcement tasks and coordinate with judicial enforcement police forces in implementing community service enforcement.

Article 22. Responsibilities of Provincial Police

1. Provincial Police shall organize the implementation of community service enforcement management work within their jurisdiction, and shall have the responsibility to:

a) Advise the provincial People's Committee to organize community service enforcement within their jurisdiction;

b) Coordinate with local departments and agencies to perform community service enforcement tasks;

c) Direct the provincial police's community service enforcement agency, the provincial Judicial Enforcement and Legal Support Police Department, county-level police, and commune-level police to implement community service enforcement;

d) Direct subordinate units of the provincial police to coordinate with judicial enforcement police forces in implementing community service enforcement;

đ) Allocate staff to perform community service enforcement work to meet task requirements and suit the actual situation of the local police force;

e) Ensure funding and necessary conditions regarding infrastructure and equipment for community service enforcement work according to legal regulations and the Ministry of Public Security;

g) Perform other tasks in community service enforcement.

2. The Judicial Enforcement and Legal Support Police Department shall have the responsibility to:

a) Advise the provincial police director and head of the provincial police's community service enforcement agency to perform community service enforcement tasks;

b) Carry out the tasks and powers of the provincial police's community service enforcement agency in community service enforcement;

c) Implement legal normative documents and guidance directives from superiors on community service enforcement;

d) Guide and inspect county-level police, commune-level People's Committees, and commune-level police in performing community service enforcement;

đ) Coordinate with the People's Court, People's Procuracy at the same level, and units under the provincial police in implementing community service enforcement;

e) Promote, disseminate, and educate on laws related to community service enforcement;

g) Train and provide legal and professional education on community service enforcement work;

h) Comply with and implement supervision, inspection, and audit requirements on community service enforcement by competent authorities according to legal regulations;

i) Perform reporting and compiling statistics on community service enforcement;

k) Organize the distribution of forms and books related to community service enforcement;

l) Manage databases and professional software for community service enforcement management;

m) Perform other tasks related to community service enforcement according to their functions, tasks, and instructions from the provincial police director.

Article 23. Responsibilities of the County Police

1. The County Police shall perform criminal enforcement work within their jurisdiction and have the responsibility to:

a) Advise the provincial People's Committee to organize community service enforcement within their jurisdiction;

b) Coordinate with departments, agencies, and units in implementing community-based criminal enforcement;

c) Direct the Criminal Enforcement Department of the County Police, the Criminal Enforcement and Judicial Assistance Police Team, and the Village Police in implementing community-based criminal enforcement;

d) Arrange staff to carry out community-based criminal enforcement work in accordance with the requirements of tasks and the actual situation of the County Police;

đ) Ensure funding and necessary conditions regarding infrastructure and equipment for community-based criminal enforcement work;

e) Perform other tasks related to community-based criminal enforcement according to the directives of the Provincial Police;

2. The Criminal Enforcement and Judicial Assistance Police Team under the County Police shall have the responsibility to:

a) Assist the Head of the County Police and the Head of the Criminal Enforcement Department of the County Police in implementing community-based criminal enforcement;

b) Carry out the duties and powers of the Criminal Enforcement Department of the County Police in community-based criminal enforcement;

c) Propose the Head of the Criminal Enforcement Department of the County Police to assign staff to monitor the implementation of community-based criminal enforcement by area or type of offender;

d) Manage files, documents, and records on community-based criminal enforcement;

đ) Guide the People's Committee at the village level in managing, supervising, and educating offenders;

e) Promote, disseminate, and educate on laws related to community service enforcement;

g) Comply with and implement supervision, inspection, and audit requirements on community-based criminal enforcement by competent authorities as prescribed by law;

h) Direct, guide, and inspect the Village Police in performing community-based criminal enforcement tasks;

i) Implement reports and statistics on community-based criminal enforcement according to regulations of the Ministry of Public Security and the Provincial Police;

k) Perform other tasks related to community-based criminal enforcement.

3. Staff assigned by the Head of the Criminal Enforcement Department of the County Police to perform community-based criminal enforcement shall have the responsibility to:

a) Assist the Head of the Criminal Enforcement Department of the County Police in implementing community-based criminal enforcement by area or type of offender as assigned;

b) Prepare files and supplement materials into criminal enforcement files in accordance with the Criminal Enforcement Law and the file system of the Ministry of Public Security;

c) Receive files on management, supervision, and education of offenders handed over by the People's Committee at the village level as prescribed;

d) Participate in meetings to review offenders when requested;

đ) Guide and inspect the Village Police in advising and assisting the People's Committee at the village level in managing, supervising, and educating offenders;

e) Perform other tasks in community-based criminal enforcement.

Article 24. Responsibilities of the Village Police

1. The Village Police shall have the responsibility to advise and assist the People's Committee at the village level in managing, supervising, and educating offenders as prescribed by the Criminal Enforcement Law and guided by higher-level public security agencies, and have the responsibility to:

a) Receive and manage various types of files, documents, and papers on community-based criminal enforcement;

b) Prepare files on management, supervision, and education of offenders as prescribed in this Circular;

c) Implement reports and statistics on community-based criminal enforcement;

d) Hand over files and documents on community-based criminal enforcement as prescribed;

đ) Implement reductions, exemptions from sentence duration, procedures for handling offenders who violate obligations, commit new crimes, or die during the execution of sentences as prescribed;

e) Evaluate and report on the situation and results of offenders' compliance with obligations and laws;

g) Take measures to manage and prevent offenders from violating laws or obligations;

h) Coordinate with local agencies, departments, mass organizations to manage, supervise, and educate offenders;

i) Coordinate with the families of offenders, workplaces, or educational institutions where offenders are employed or studying to manage, supervise, and educate offenders;

k) Perform other tasks related to managing, supervising, and educating offenders.

2. The Head of the Village Police shall be responsible for:

a) Organizing the implementation of tasks prescribed in Clause 1 of this Article;

b) Assigning police officers or village police to manage, supervise, and educate offenders by area or type of offender.

3. Police officers or village police assigned by the Head of the Village Police to manage, supervise, and educate offenders shall have the responsibility to:

a) Assist the Head of the Village Police in managing, supervising, and educating assigned offenders;

b) Directly manage, supervise, and educate offenders;

c) Manage and closely monitor the situation of offenders and prevent them from violating obligations or laws;

d) Perform other community-based criminal enforcement tasks assigned by the Head of the Village Police.

Article 25. Responsibilities of detention centers, temporary detention centers, criminal enforcement agencies of provincial public security organs, and criminal enforcement agencies of county-level public security organs where convicts serving sentences in the community are managed after completing their prison terms.

1. Deliver various types of documents and materials when a convict has additional penalties such as residence ban, surveillance, deprivation of certain civil rights, prohibition from holding positions, practicing professions, or performing specific tasks upon completion of the prison sentence according to the Criminal Enforcement Law for the criminal enforcement agency of the county-level public security organ where the convict completed the prison sentence related to residence to organize the execution of criminal sentences in the community.

2. Transfer individuals whose execution of suspended imprisonment sentences has been temporarily halted and individuals subject to surveillance penalties as prescribed.

3. Transfer the files of convicts who have been conditionally released early according to the regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Circular takes effect from January 15, 2020.

Article 27. Responsibility for Implementation

1. Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of Public Security; Heads of units directly under the Ministry; Directors of provincial and centrally-administered city public security departments; Heads and Deputy Heads of criminal enforcement agencies within the People's Public Security; Chiefs of public security offices at the commune level shall be responsible for implementing this Circular.

2. The Department of Police for the Management of Temporary Detention, Temporary Imprisonment, and Community-based Criminal Enforcement shall be responsible for guiding, monitoring, organizing inspections, and urging the implementation of this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Department of Police for the Management of Temporary Detention, Temporary Imprisonment, and Community-based Criminal Enforcement) for timely guidance./.