Decree No. 82/2011/NĐ-CP on the implementation of capital punishment by lethal injection

DECREE

REGULATIONS ON THE IMPLEMENTATION OF CAPITAL PUNISHMENT BY INJECTION

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Inspectorate Chief of the Ministry,

Considering the proposal of the Minister of Public Security,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

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

Article 3. Prohibited acts

1. Resisting or obstructing the implementation of capital punishment; causing disorder and insecurity at the place where capital punishment is implemented.

2. Counterfeiting, illegally altering the type, dosage, or quality of drugs used for the implementation of capital punishment.

3. Failing to comply with orders from the Capital Punishment Implementation Council and regulations on the implementation of capital punishment.

4. Illegally moving the corpse, tombstone, grave, or remains of a person who has been executed.

Article 4. Funding to ensure the implementation of capital punishment

The funding to ensure the implementation of capital punishment shall be provided by the State within the annual budget of the Ministry of Public Security and the Ministry of National Defense.

Article 5. Benefits and policies for those participating in the implementation of capital punishment

1. Members of the Capital Punishment Implementation Team and doctors identifying veins shall receive a subsistence allowance equal to twice the minimum wage for each execution and shall be entitled to a ten-day rest period according to the general regulations on rest periods for public security officers and People's Army soldiers.

2. Members of the Capital Punishment Implementation Council, forensic doctors, specialized staff, fingerprinters of the condemned, embalmers, and buriers shall receive a subsistence allowance equal to the minimum wage for each execution.

3. Other participants shall receive a subsistence allowance equal to half the minimum wage for each execution.

Chapter II
DRUGS FOR INJECTION, EQUIPMENT, MEANS USED FOR THE IMPLEMENTATION OF CAPITAL PUNISHMENT AND PROCEDURES FOR ADMINISTERING INJECTIONS

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

a) Anesthetic drug: Sodium thiopental;

b) Drug to paralyze the nervous system and muscles: Pancuronium bromide;

c) Drug to stop heart activity: Potassium chloride.

2. A dose consists of three types of drugs specified in Clause 1 of this Article.

3. Drugs for use in the implementation of capital punishment shall be supplied by the Ministry of Health upon request of the Ministry of Public Security and the Ministry of National Defense.

4. The handover of drugs must be recorded in a handover document; sealed and strictly managed in accordance with the law.

Article 7. Equipment and means used for the implementation of capital punishment

1. Provincial-level public security organs and military units at the military region level shall be responsible for constructing execution facilities and rooms for the Capital Punishment Implementation Council to implement capital punishment in accordance with the regulations of the Ministry of Public Security and the Ministry of National Defense.

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

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

b) Tubing, syringes, and automatic drug injection machines with control buttons;

c) A heart rate monitor;

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

d) Other tools and equipment.

Article 8. Procedures for administering injections

1. The procedure for implementing capital punishment must be carried out strictly in accordance with the provisions of Clauses 2, 3, and 4 of Article 59 of the Criminal Enforcement Law and the provisions of this Decree. The person sentenced to capital punishment shall be provided with food and drink standards five times higher than the holiday standards for detainees.

2. The drugs used for the implementation of capital punishment must be inspected and unsealed by the Capital Punishment Implementation Council and recorded accordingly.

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

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

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

b) Identify veins for injection; if veins cannot be identified, report to the Chairperson of the Capital Punishment Implementation Council to request assistance from a doctor to identify veins;

- Step 1: Inject 05 grams of Sodium thiopental.

After this anesthetic injection, specialized staff must check; if the person is not anesthetized, continue the injection until anesthesia is achieved.

- Step 2: Inject 100 milligrams of Pancuronium bromide.

- Step 3: Inject 100 grams of Potassium chloride.

d) Monitor the heart activity of the person being executed through an electrocardiogram machine. If the person is not dead after ten minutes, the inspector must report to the Chairperson of the Capital Punishment Implementation Council to issue an order to use the backup drugs and continue the second injection.

If the person is still alive after two doses, the Head of the Execution Team must report to the Chairperson of the Capital Punishment Implementation Council to issue an order for a third injection.

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

6. Upon the order of the Chairperson of the Capital Punishment Implementation Council, the forensic doctor shall conduct an examination and determine the condition of the person being executed and report the results to the Council.

7. After the forensic doctor concludes that the person being executed is dead, upon the order of the Chairperson of the Capital Punishment Implementation Council, enforcement officers shall stop the infusion and remove the syringe and tubing from the body of the executed person.

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

9. The handling of post-execution procedures after the death of the executed person shall be carried out in accordance with Points e, g, and h of Clause 4 of Article 59 and Article 60 of the Criminal Enforcement Law.

Article 9. Funeral Expenses

Funeral expenses for individuals sentenced to capital punishment include: one ordinary wooden coffin, one set of ordinary clothing, four square meters of shrouding cloth, incense, candles, alcohol, and disinfectant for cleaning the body before burial, and other funeral expenses.

In cases where relatives or legal representatives of individuals sentenced to death are permitted to take the body for burial, they must bear the costs of transporting the body themselves and commit to complying with legal regulations on ensuring security and public order.

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

PART 1

RESPONSIBILITIES OF AUTHORITIES WITH JURISDICTION BELONGING TO THE PEOPLE'S PUBLIC SECURITY ORGANIZATION IN ENFORCING CAPITAL PUNISHMENT SENTENCES

Article 10. Responsibilities of the Management Agency for Enforcement of Criminal Sentences under the Ministry of Public Security

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

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

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

4. Develop plans and budget estimates to serve the enforcement of capital punishment sentences.

5. Receive and handle cases involving relatives or legal representatives of foreign nationals sentenced to death who wish to repatriate remains.

6. Implement statistical reporting systems; address complaints and reports regarding the enforcement of capital punishment sentences according to regulations.

7. Summarize the work of enforcing capital punishment sentences by the People's Public Security Organization.

Article 11. Responsibilities of the Criminal Enforcement Agency under the Provincial Public Security Department

1. Participate in the Execution Board for Capital Punishment.

2. Assist the Director of the Provincial Public Security Department in developing plans, schemes, assigning tasks, organizing, mobilizing, and deploying personnel and other resources to ensure absolute safety during the enforcement of capital punishment sentences.

3. Establish a Capital Punishment Enforcement Team responsible for directly enforcing capital punishment sentences, including a Team Leader and Groups; escorting, identifying veins, and administering drugs.

4. Receive individuals sentenced to death handed over by detention centers for escorting to the place of execution.

5. Process procedures for relatives or legal representatives of individuals sentenced to death to receive the body or repatriate remains for burial in their locality or country (if the individual sentenced to death is a foreign national).

6. Handle procedures for transferring the body to hospitals for preservation when necessary and the criminal enforcement agency does not have storage facilities.

7. Handle death registration procedures; organize burials, draw up grave maps, and place tombstones for individuals sentenced to death, and inform their relatives or legal representatives.

8. Report the results of enforcing capital punishment sentences to the Management Agency for Enforcement of Criminal Sentences under the Ministry of Public Security.

9. Manage execution files according to regulations.

10. Implement other provisions related to the enforcement of capital punishment sentences as stipulated by law.

Article 12. Responsibilities of the Criminal Enforcement Agency under the County Public Security Department where the capital punishment sentence is enforced

1. Assist the Head of the County Public Security Department in developing plans to ensure security and public order at the location where the capital punishment sentence is enforced.

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

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

Article 13. Responsibilities of the Detention Facility holding persons sentenced to death

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

Article 13. Responsibilities of Detention Centers where individuals sentenced to death are held

2. Hand over individuals sentenced to death to the Capital Punishment Enforcement Team upon request of the Execution Board.

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

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

PART 2

RESPONSIBILITIES OF AUTHORITIES WITH JURISDICTION BELONGING TO THE PEOPLE'S ARMED FORCES IN THE PROCESS OF ENFORCING CAPITAL PUNISHMENT SENTENCES

Article 14. Responsibilities of the Management Agency for Enforcement of Criminal Sentences under the Ministry of National Defense

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

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

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

4. Receive and handle cases involving relatives or legal representatives of foreign nationals sentenced to death who wish to repatriate remains.

Article 15. Responsibilities of the Criminal Enforcement Agency at the Military Zone Level

1. Participate in the Execution Board for Capital Punishment.

2. Assist the Commander of the Military Zone in developing plans, schemes, assigning tasks, organizing, mobilizing, and deploying forces and other material resources to ensure absolute safety for the execution of capital punishment.

3. Establish a Capital Punishment Execution Team directly responsible for executing capital punishment, including a Team Leader and Groups: escort, vein identification, and drug injection.

4. Receive individuals sentenced to death handed over by detention centers for escorting to the place of execution.

5. Process procedures for relatives or legal representatives of individuals sentenced to death to receive the body or repatriate remains for burial in their locality or country (if the individual sentenced to death is a foreign national).

6. Handle procedures to transfer the body for preservation at hospitals when necessary, if the Capital Punishment Enforcement Agency does not have a storage facility.

7. Handle death registration procedures; organize burials, draw up grave maps, and place tombstones for individuals sentenced to death, and inform their relatives or legal representatives.

8. Report the results of capital punishment execution to the Criminal Enforcement Agency under the Ministry of National Defense.

9. Manage execution files according to regulations.

10. Implement other provisions related to the enforcement of capital punishment sentences as stipulated by law.

Article 16. Responsibilities of the Detention Center at the Military Zone Level where persons sentenced to death are held

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

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

2. Hand over individuals sentenced to death to the Capital Punishment Enforcement Team upon request of the Execution Board.

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

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

6. Implement procedures to allow relatives or legal representatives of the person subject to capital punishment to transport the body or relocate the remains of the person subject to capital punishment back to their place of origin or country (if the person subject to capital punishment is a foreign national) for burial.

7. Organize burials, draw up grave maps, and erect tombstones for the graves of persons subject to capital punishment.

PART 3

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

Article 17. Responsibilities of the Ministry of Public Security

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

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

3. Direct the Public Security Departments of provinces and centrally-administered cities to comply with legal regulations on the execution of capital punishment.

4. Guide the implementation of policies and benefits for Public Security officers performing capital punishment duties.

5. Develop training programs for Public Security officers performing capital punishment duties.

6. Prepare budgets within the People's Public Security Forces to ensure funding for capital punishment execution work.

7. Direct Public Security agencies at all levels to implement reporting, statistics, and summaries regarding capital punishment execution.

8. Conduct summaries, report, and statistics on the state's capital punishment execution.

Article 18. Responsibilities of the Ministry of National Defense

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

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

3. Direct the implementation of capital punishment execution work according to regulations within the People's Army.

4. Guide the implementation of policies and benefits for People's Army officers performing capital punishment duties.

5. Develop training programs for People's Army officers performing capital punishment duties.

6. Prepare budgets to ensure funding for capital punishment execution work within the People's Army.

7. Coordinate with the Ministry of Public Security in reporting, statistics, and summarizing capital punishment execution work.

Article 19. Responsibilities of the Ministry of Health

2. Direct business units, hospitals, and healthcare training institutions to cooperate with the Criminal Enforcement Agency of the Ministry of Public Security and the Criminal Enforcement Agency of the Ministry of National Defense in training and instructing technical medical skills related to capital punishment execution for officers performing capital punishment duties.

3. Direct hospitals under the health sector:

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

b) Receive and preserve the bodies of persons subject to capital punishment transferred by the Criminal Enforcement Agency when necessary.

Article 20. Responsibilities of Provincial and Municipal People's Committees in the Execution of Capital Punishment

Provincial and Municipal People's Committees are responsible for allocating land for the construction of capital punishment execution sites, designating burial locations for persons subject to capital punishment; directing the People's Committees of districts and relevant local agencies to coordinate in ensuring security, order, and safety for the execution of capital punishment.

Article 21. Responsibilities of the People's Committee at the district level in carrying out capital punishment

The People's Committee at the district level shall be responsible for directing the Public Security Office at the district level, the Military Command at the district level, and the People's Committee at the commune level to implement and participate in coordinating with relevant agencies in carrying out capital punishment.

Article 22. Responsibilities of the People's Committee at the commune level in carrying out capital punishment

1. The People's Committee at the commune level where the execution of capital punishment takes place shall be responsible for participating in ensuring security and public order at the execution site; appointing representatives to witness the execution of capital punishment; processing death registration for the person executed; coordinating with the Criminal Enforcement Agency of the Provincial Public Security Office or the Military Zone Enforcement Agency in the burial and management of the grave of the person who has been executed.

2. The People's Committee at the commune level where relatives or legally authorized persons are permitted to receive the body or transfer the remains of the person executed for burial shall be responsible for ensuring compliance with legal regulations on security, public order, and environmental hygiene.

Chapter IV
IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Decree takes effect from November 1, 2011.

All previous Government regulations on the enforcement of capital punishment that conflict with this Decree are hereby abolished.

Article 24. Responsibility for Implementation

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.