Circular No. 94/2026/TT-BCA stipulates the organization of examination, recommendation, and review of applications for temporary suspension and reduction of the term of imprisonment sentence execution.

 

 

 

 

 

 

CIRCULAR

Regulations on the organization of examination, proposal, and review of files for temporary suspension and reduction of the term of imprisonment

for serving criminal sentences

 

Pursuant to the Criminal Enforcement Law No. 127/2025/QH15;

Pursuant to Decree No. 02/2025/NĐ-CP stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security, amended and supplemented by Decree No. 11/2025/NĐ-CP;

At the proposal of the Director of the Prison Management Police Department, the Compulsory Educational Institution Management Department, and the Rehabilitation School;

The Minister of Public Security issues this Circular regulating the organization of examination, proposal, and review of files for temporary suspension and reduction of the term of imprisonment for serving criminal sentences.

 

Article 1. Scope of Regulation

This Circular regulates the organization of examination, proposal, and review of files for temporary suspension and reduction of the term of imprisonment for inmates serving criminal sentences at detention facilities managed by the People's Public Security. place of detention for prisoners managed by the People's Public Security.

Article 2. Principles in examination, proposal, and review of files for temporary suspension and reduction of the term of imprisonment

1. Compliance with the Constitution and laws.

2. Ensuring correct subjects, objectivity, fairness, and compliance with the State's leniency and humanitarian policies towards offenders.

3. Ensuring strictness, transparency, and not adversely affecting national security and public order.

Article 3. Examination Board for Temporary Suspension of Serving Criminal Sentences

1. For prisons

The prison warden decides to establish the Examination Board for Temporary Suspension of Serving Criminal Sentences; the composition of the Board includes:

a) The Chairman of the Board is the prison warden;

b) The Standing Member is the deputy warden responsible for education and file work;

c) Other members include deputy wardens, team leaders, and section chiefs;

d) The Secretary Member is the head of the Education and File Team.

2. For temporary detention centers

The temporary detention center warden decides to establish the Examination Board for Temporary Suspension of Serving Criminal Sentences; the composition of the Board includes:

a) The Chairman of the Board is the temporary detention center warden;

b) The Standing Member is the deputy warden responsible for managing inmate sections;

c) Other members include deputy wardens, team leaders, and section chiefs;

d) The Secretary Member is the head of the General Staff Team (for temporary detention centers under the Ministry) or the head of the Inmate Management Section (for temporary detention centers under provincial public security agencies).

3. In cases where the unit has not been adequately staffed according to the provisions of this Article or there have been changes in the organizational structure, the person authorized to establish the Board shall decide on the composition of the Board in accordance with the actual functional tasks and organizational structure of the unit.

4. The Examination Board for Temporary Suspension of Serving Criminal Sentences operates collectively, deciding by majority vote. The meeting of the Examination Board for Temporary Suspension of Serving Criminal Sentences must have at least two-thirds of the total number of members present; the list of inmates proposed for temporary suspension of serving criminal sentences is approved when more than two-thirds of the total number of members present vote in agreement.

5. The meeting of the Examination Board for Temporary Suspension of Serving Criminal Sentences must be recorded in minutes, clearly stating the participants, the content of the examination, the opinions of the members, the voting results, and the list of inmates proposed for temporary suspension of serving criminal sentences, not proposing temporary suspension of serving criminal sentences.

6. In case the Chairman of the Examination Board for Temporary Suspension of Serving Criminal Sentences is absent, the person authorized to establish the Board shall designate the Standing Member of the Board to chair the meeting. In case a member of the Examination Board for Temporary Suspension of Serving Criminal Sentences is absent, the person authorized to establish the Board may decide to supplement or replace the member to ensure that the examination and proposal for temporary suspension of serving criminal sentences are carried out promptly, objectively, and in accordance with regulations.

Article 4. Examination, Proposal, and Review of Applications for Temporary Suspension of Execution of Criminal Sentences

1. The examination, proposal, and review of applications for temporary suspension of execution of criminal sentences shall be carried out in accordance with the provisions of the law.

2. The examination, proposal, and review of applications for temporary suspension of execution of criminal sentences for prisoners convicted of offenses endangering national security and those sentenced to life imprisonment that have not been reduced to fixed-term imprisonment shall be conducted as follows:

a) In cases where the prisoner falls under one of the circumstances specified in point a and point b, Clause 1, Article 67 of the Criminal Code, if they are convicted of less serious, serious, or very serious offenses endangering national security, after receiving the application for temporary suspension of execution of the criminal sentence transferred by the detention facility, the Prison Management Police Bureau, compulsory educational facilities, and juvenile rehabilitation centers shall request opinions from relevant Security Bureaus through a written document, then seek opinions from the Deputy Minister, Head of the Investigation Department of the Ministry of Public Security, and the Deputy Minister, Head of the Enforcement of Criminal Sentences Management Department of the Ministry of Public Security; consolidate the opinions and report to the Minister of Public Security for consideration of the proposal to temporarily suspend the execution of the criminal sentence for the prisoner.

After receiving the written approval from the Minister of Public Security, the detention facility shall prepare a document requesting the competent court to consider and decide on the temporary suspension of the execution of the criminal sentence.

b) In cases where the prisoner falls under one of the circumstances specified in point a and point b, Clause 1, Article 67 of the Criminal Code, if they are convicted of extremely serious offenses endangering national security , after receiving the application for temporary suspension of execution of the criminal sentence transferred by the detention facility, the Prison Management Police Bureau, compulsory educational facilities, and juvenile rehabilitation centers shall request opinions from relevant Security Bureaus through a written document, then seek opinions from the Deputy Minister, Head of the Investigation Department of the Ministry of Public Security, and the Deputy Minister, Head of the Enforcement of Criminal Sentences Management Department of the Ministry of Public Security; consolidate the opinions and report to the Minister of Public Security to sign a document proposing the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy for their opinion on the temporary suspension of the execution of the criminal sentence for the prisoner.

After receiving the written approval from the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy, the Prison Management Police Bureau, compulsory educational facilities, and juvenile rehabilitation centers shall notify the detention facility in writing to prepare a document requesting the competent court to consider and decide on the temporary suspension of the execution of the criminal sentence.

c) In cases where the prisoner falls under one of the circumstances specified in point a and point b, Clause 1, Article 67 of the Criminal Code, if they are serving a life sentence that has not been reduced to a fixed-term sentence, after receiving the application for temporary suspension of execution of the criminal sentence transferred by the detention facility, the Prison Management Police Bureau, compulsory educational facilities, and juvenile rehabilitation centers shall seek opinions from the Deputy Minister, Head of the Enforcement of Criminal Sentences Management Department of the Ministry of Public Security before reporting to the Minister of Public Security to sign a document proposing the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy for their opinion on the temporary suspension of the execution of the criminal sentence for the prisoner.

After receiving the written approval from the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy, the Prison Management Police Bureau, compulsory educational facilities, and juvenile rehabilitation centers shall notify the detention facility in writing to prepare a document requesting the competent court to consider and decide on the temporary suspension of the execution of the criminal sentence.

Article 5Council for Examination and Proposal to Reduce the Term of Execution of Criminal Sentences and Council for Review of Applications to Reduce the Term of Execution of Criminal Sentences

1. Council for Examination and Proposal to Reduce the Term of Execution of Criminal Sentences at Prisons

The prison warden decides to establish the Council for Examination and Proposal to Reduce the Term of Execution of Criminal Sentences with the composition as prescribed in Clause 1 of Article 3 3. For discounting transferable instruments and other securities:

In cases where the prison has two or more sections, the prison warden establishes a Sub-Council for Examination and Proposal to Reduce the Term of Execution of Criminal Sentences in each section; the composition of the Sub-Council includes:

a) The Chairperson of the Sub-Council is the Deputy Warden responsible for the section (for sections with a Deputy Warden directly responsible) or the Section Leader;

b) The Standing Member is the Section Leader (for sections with a Deputy Warden directly responsible) or the Deputy Section Leader; camp;

c) Other members include Deputy Section Leaders and representatives of units within the section;

d) The Secretary member is an education officer of the section.

2. Council for Examination and Proposal to Reduce the Term of Execution of Criminal Sentences at Detention Centers

The detention center warden establishes the Council for Examination and Proposal to Reduce the Term of Execution of Criminal Sentences with the composition as prescribed in Clause 2 of Article 3 3. For discounting transferable instruments and other securities:

3. Council for Review of Applications to Reduce the Term of Execution of Criminal Sentences of the Criminal Sentences Enforcement Management Agency of the Provincial Public Security

The head of the Criminal Sentences Enforcement Management Agency of the Provincial Public Security decides to establish the Council for Review of Applications to Reduce the Term of Execution of Criminal Sentences for prisoners serving sentences at provincial public security detention centers; the composition of the Council includes:

a) The Chairman of the Council is the head of the Criminal Sentences Enforcement Management Agency of the Provincial Public Security;

b) The Standing Member is the Deputy Head of the Criminal Sentences Enforcement Management Agency of the Provincial Public Security;

c) Other members include Deputy Heads of the Criminal Sentences Enforcement Management Agency of the Provincial Public Security, team leaders of teams under the Criminal Sentencing Enforcement and Judicial Assistance Division, one leader of the Office of the Investigation Department, one leader of the Criminal Investigation Division, and a representative of the leadership of the functional departments of the Provincial Public Security when required;

d) The Secretary member is the commander of the Guidance Team for Criminal Sentences Enforcement and Community Integration under the Criminal Sentencing Enforcement and Judicial Assistance Division.

4. Council for Review of Applications to Reduce the Term of Execution of Criminal Sentences of the Criminal Sentences Enforcement Management Department of the Ministry of Public Security

The head of the Criminal Sentences Enforcement Management Department of the Ministry of Public Security decides to establish the Council for Review of Applications to Reduce the Term of Execution of Criminal Sentences for prisons and detention centers under the Ministry of Public Security; the composition of the Council includes:

a) The Chairman of the Council is the Deputy Director of the Prison Management Police Bureau, compulsory educational facilities, and juvenile rehabilitation centers;

b) The Standing Member is the Head of the Education Work Division of the Prison Management Police Bureau, compulsory educational facilities, and juvenile rehabilitation centers;

c) Other members include representatives of the leadership of functional departments belongs to the Department of Prison Management under the Police Force.

d) The Secretary Member is the Deputy Head of the Educational Work Department of the Department of Prison Management under the Police Force.

5. In cases where the unit has not been able to allocate all positions as prescribed in this Article or there have been changes in organizational structure, the person authorized to establish the Council shall decide on the composition of the Council and Sub-committee in accordance with the actual functions, tasks, and organizational structure of the unit.

6. The Council and Sub-committee established pursuant to this Article operate collegially, deciding by majority vote; at least two-thirds of the total number of members must be present at each Council meeting; the list of prisoners proposed for reduction in the term of imprisonment shall be approved when more than two-thirds of the total number of attending members vote in favor.

7. Each meeting of the Council and Sub-committee established pursuant to this Article must be recorded in minutes, clearly stating the participants, the content of the review, the opinions of the members, the voting results, and the list of prisoners proposed for reduction in the term of imprisonment, as well as those not proposed for reduction.

8. In case the Chairman of the Council established pursuant to this Article is absent, the person authorized to establish the Council will designate another Chairman. In case a member of the Council is absent, the person authorized to establish the Council may decide to supplement or replace the member to ensure that the review and proposal for reduction in the term of imprisonment are carried out promptly, objectively, and in compliance with regulations.

Article 6. Review, Proposal, and Examination of Applications for Reduction in the Term of Imprisonment

The review, proposal, and examination of applications for reduction in the term of imprisonment for prisoners shall be conducted in accordance with the provisions of the law.

Article 7. Duties of the Council Examining Applications for Reduction in the Term of Imprisonment

1. Duties of the Council examining applications for reduction in the term of imprisonment for prisoners serving sentences in provincial detention centers

a) Assist the head of the Criminal Enforcement Agency of the provincial police force in guiding and directing the preparation of files and lists proposing reductions in the term of imprisonment for prisoners in provincial detention centers;

b) Examine applications for reduction in the term of imprisonment for prisoners transferred from provincial detention centers;

c) Compile examination results and complete the list of prisoners proposed for reduction in the term of imprisonment, report to the head of the Criminal Enforcement Agency of the provincial police force to prepare a document requesting the provincial People's Court to consider and decide;

d) Summarize the situation and results of reductions in the term of imprisonment for prisoners in provincial detention centers in batches to report to the head of the Criminal Enforcement Management Agency of the Ministry of Public Security;

2. Duties of the Council examining applications for reduction in the term of imprisonment for prisoners serving sentences in prisons and detention centers under the Ministry of Public Security

a) Assist the head of the Criminal Enforcement Management Agency of the Ministry of Public Security in guiding and directing the preparation of files and lists proposing reductions in the term of imprisonment for prisoners in prisons and detention centers under the Ministry of Public Security;

b) Examine applications for reduction in the term of imprisonment for prisoners transferred from prisons and detention centers under the Ministry of Public Security;

c) Compile examination results and complete the list of prisoners proposed for reduction in the term of imprisonment, report to the head of the Criminal Enforcement Management Agency of the Ministry of Public Security for approval;

d) Guide prisons and detention centers under the Ministry of Public Security to complete files and lists, prepare documents requesting the provincial People's Court where the prisoner is serving the sentence to consider and decide;

đ) Summarize the situation and results of reductions in the term of imprisonment for prisoners in prisons and detention centers under the Ministry of Public Security in batches to report to the head of the Criminal Enforcement Management Agency of the Ministry of Public Security;

e) Perform other tasks assigned by the head of the Criminal Enforcement Management Agency of the Ministry of Public Security.

Article 8. Effective Date

1. This Circular takes effect from July 1, 2026.

2. Circular No. 120/2021/TT-BCA dated December 9, 2021, regarding the organization of reviews, proposals, and examinations of applications for temporary suspension and reduction in the term of imprisonment shall cease to be effective from the date this Circular takes effect.

Article 9. Responsibility for implementation

1. Heads of units under the Ministry of Public Security, Provincial Police Chiefs, Detention Center Directors, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Director of the Department of Prison Management under the Police Force is responsible for monitoring, guiding, inspecting, and urging the implementation of this Circular.

3. During the process of implementing this Circular, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Department of Prison Management under the Police Force) for guidance.