Circular No. 99/2026/TT-BCA on conditional early release from prisons and temporary detention centers managed by the People's Public Security.

 

 

CIRCULAR
Regulations on Conditional Early Release from Prison
at detention centers managed by the People's Public Security

 

Pursuant to the Criminal Code No. 100/2015/QH13 amended and supplemented by Law No. 12/2017/QH14, Law No. 59/2024/QH15, Law No. 86/2025/QH15;

Pursuant to the Criminal Procedure Code No. 101/2015/QH13 amended and supplemented by Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, Law No. 99/2025/QH15;

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

Pursuant to the Law on Juvenile Justice No. 59/2024/QH15 amended and supplemented by Law No. 85/2025/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 promulgates this Circular regulating conditional early release from prison at detention centers managed by the People's Public Security.

 

Article 1. Scope of Regulation

This Circular regulates the examination and proposal for conditional early release from prison, the transfer of prisoner files after the decision on conditional early release from prison, and the files of prisoners whose decisions on conditional early release from prison have been revoked at detention centers managed by the People's Public Security; the coordination relationship among public security units and localities and other relevant agencies, organizations, and individuals in implementing the examination and proposal for conditional early release from prison, the transfer of prisoner files after the decision on conditional early release from prison, and the files of prisoners whose decisions on conditional early release from prison have been revoked within the jurisdiction of the People's Public Security force.

 

 

Article 2. Implementation Principles

1. Compliance with the Constitution and laws.

2. Ensuring objectivity, transparency, correct target, appropriate authority, and proper procedures.

3. Conditional early release work must be implemented uniformly with close cooperation between public security units and localities from the stage of examination and proposal for conditional early release from prison to the stage of file transfer, contributing to effectively implementing conditional early release work; ensuring social security and public order.

4. The implementation of conditional early release work shall be prioritized to be carried out electronically in accordance with the provisions of the law and the People's Public Security force.

1. The funding for the implementation of the policy on exemption and subsidy of tuition fees shall be guaranteed by the state budget in accordance with the provisions of the law on the decentralization of budget management.

The budget for examining and proposing conditional early release from prison, transferring prisoner files after the decision on conditional early release from prison, and the files of prisoners whose decisions on conditional early release from prison have been revoked at detention centers shall be allocated in the annual state budget of the Ministry of Public Security assigned to public security units and localities.

Article 4. Examination and Proposal Council and File Review Council for Conditional Early Release from Prison

1. Examination and Proposal Council for Conditional Early Release from Prison at Detention Centers

The Director of the detention center decides to establish the Examination and Proposal Council for Conditional Early Release from Prison; the composition of the Council includes:

a) The Chairman of the Council is the Director of the detention center;

b) The Standing Member is the Deputy Director responsible for education and file management;

c) Other members include Deputy Directors, Team Leaders, and Section Chiefs;

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

2. Examination and Proposal Council for Conditional Early Release from Prison at Temporary Detention Centers

The Director of the temporary detention center decides to establish the Examination and Proposal Council for Conditional Early Release from Prison; the composition of the Council includes:

a) The Chairman of the Council is the Director of the temporary detention center;

b) The Standing Member is the Deputy Director responsible for managing prisoner sections;

c) Other members include Deputy Directors, Team Leaders, and Section Chiefs;

d) The Secretary Member is the head of the Planning Team (for temporary detention centers under the Ministry of Public Security) or the head of the Prisoner Management Section (for temporary detention centers under provincial public security).

3. Examination and Proposal Council for Conditional Early Release from Prison of the Criminal Enforcement Agency of Provincial Public Security

The Head of the Criminal Enforcement Agency of the provincial public security decides to establish the Examination and Proposal Council for Conditional Early Release from Prison for prisoners serving sentences at temporary detention centers under the provincial public security; the composition of the Council includes:

a) The Chairman of the Council is the Head of the Criminal Enforcement Agency of the provincial public security;

b) The Standing Member is the Deputy Head of the Criminal Enforcement Agency of the provincial public security;

c) Other members include Deputy Heads of the Criminal Enforcement Agency of the provincial public security; heads of specialized teams under the Criminal Enforcement Police Department, one leader of the Office of the Criminal Investigation Police Department, one leader of the Criminal Investigation Department, and representatives of leaders of specialized departments under the provincial public security when required;

d) The Secretary Member is the head of the Guidance Team for Criminal Enforcement Work and Community Integration under the Criminal Enforcement Police Department.

4. File Review Council for Conditional Early Release from Prison of the Criminal Enforcement Management Agency of the Ministry of Public Security

The Head of the Criminal Enforcement Management Agency of the Ministry of Public Security decides to establish the File Review Council for Conditional Early Release from Prison for 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 Institutions, and Juvenile Rehabilitation Schools;

b) The Standing Member is the Chief of the Education Work Department, Prison Management Police Bureau, Compulsory Educational Institutions, and Juvenile Rehabilitation Schools;

c) Other members include representatives of leaders of functional departments under the Prison Management Police Bureau, Compulsory Educational Institutions, and Juvenile Rehabilitation Schools and functional departments under the Temporary Custody, Temporary Detention, and Community Criminal Enforcement Police Bureau tasked with managing, supervising, and educating those released conditionally before their full sentence;

d) The Secretary Member is the Deputy Chief of the Education Work Department, Prison Management Police Bureau, Compulsory Educational Institutions, and Juvenile Rehabilitation Schools.

đ) In necessary cases, the Criminal Enforcement Management Agency of the Ministry of Public Security may invite representatives of the Security Investigation Agency and the Criminal Investigation Agency of the Ministry of Public Security to attend the Council meeting.

5. In cases where the unit has not yet arranged sufficient positions as prescribed in this Article or there are changes in organizational structure, the person authorized to establish the Council shall decide on the composition of the Council's participants in accordance with the actual functions, tasks, and organizational structure of the unit.

6. The Council established under this Article operates in a collective manner, deciding by majority; a meeting of the Council must have at least two-thirds of the total number of members present; the list of prisoners approved for conditional early release, and those not approved for conditional early release, shall be adopted when more than two-thirds of the total number of attending members vote in agreement.

7. The meeting of the Council established under this Article must be recorded in minutes, clearly stating the participants, the content reviewed, the opinions of the members, the voting results, and the lists of prisoners proposed for conditional early release and those not proposed for conditional early release; reasons must be specified for cases not proposed for conditional early release.

8. In case the Chairman of the Council established under this Article is absent, the person authorized to establish the Council will appoint a 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 conditional early release are carried out promptly, objectively, and in accordance with regulations.

Article 5. Review and Proposal for Conditional Early Release for Prisoners

The review and proposal for conditional early release for prisoners serving sentences in prisons and detention centers shall be implemented according to Articles 3, 4, 6, and 7 of Circular Joint No. 08/2026/TTLT-BCA-BQP-TANDTC-VKSNDTC dated June 22, 2026, stipulating the coordination in implementing certain provisions regarding conditional early release.

Article 6. Announcing the Decision on Conditional Early Release, Issuing Certificates of Conditional Early Release, and Releasing Prisoners Conditionally Released

1. Immediately upon receipt of the decision on conditional early release, the prison or detention center must post the list of prisoners conditionally released at the place of prisoner confinement.

2. When the decision on conditional early release becomes effective, the Warden of the prison or the Warden of the detention center shall organize the announcement of the Court's decision to inform the prisoners, issue certificates of conditional early release (attached with the Court's decision on conditional early release), provide travel money, clothing, and other benefits as provided for prisoners who have completed their sentences under the law.

Article 7. Handover of Prisoner Files After the Decision on Conditional Early Release

1. After releasing the prisoner, the prison or detention center shall complete the prisoner's file and hand it over to the Criminal Enforcement Agency of the Provincial Public Security Office where the prisoner is conditionally released to reside (the place of probation period enforcement) for management and service in the work of managing, supervising, and educating the conditionally released person (the sending of files shall be carried out in accordance with current regulations on postal services of the People's Public Security).

2. The handover of prisoner files must be recorded in minutes, and the prisoner's file must be kept.

In case the prisoner's file lacks documents or the documents do not meet requirements, the prison or detention center must supplement them according to the requirements of the Criminal Enforcement Agency of the Provincial Public Security Office.

Article 8. Handover of files of persons whose early conditional parole decisions have been revoked

1. When transferring persons granted early conditional parole to serve their sentences according to the decision revoking the early conditional parole decision of the Court, the Criminal Enforcement Agency of the provincial police force, shall hand over the prisoner's file to the prison or detention center where the person will serve their sentence (the file transfer shall be carried out in accordance with the current regulations on postal services of the People's Public Security).

2. The handover of prisoner files must be recorded in minutes, and the prisoner's file must be kept.

In cases where the prisoner's file lacks necessary documents or the documents do not meet the requirements, the Criminal Enforcement Agency of the provincial police force must supplement them according to the requirements of the prison or detention center.

Article 9. Implementation of statistics and reporting of data on conditional early parole examination and recommendation

1. After each round of examination and recommendation for early conditional parole, prisons and detention centers under the Ministry of Public Security and the Criminal Enforcement Agencies of the provincial police forces shall report on the implementation and results of the examination and recommendation for early conditional parole.

2. Public Security units and localities shall report extraordinary incidents related to the implementation of examinations and recommendations for early conditional parole within their jurisdiction.

 

Article 10. Responsibilities of the Ministry of Public Security's criminal enforcement management agency

1. The Ministry of Public Security's criminal enforcement management agency is the focal point assisting the Minister of Public Security in managing state affairs regarding conditional early parole examinations and recommendations; guiding and directing public security units and localities in implementing conditional early parole examinations and recommendations for prisoners granted early conditional parole and handing over prisoner files after the decision on early conditional parole, and files of prisoners whose early conditional parole decisions have been revoked.

2. Public security units and localities shall implement tasks related to conditional early parole examinations and recommendations and the handover of prisoner files after the decision on early conditional parole, and files of prisoners whose early conditional parole decisions have been revoked based on their assigned functions and responsibilities; they shall direct and guide units to coordinate with the Criminal Enforcement Police Force and judicial support forces in conducting conditional early parole examinations and recommendations for prisoners and handing over prisoner files after the decision on early conditional parole, and files of prisoners whose early conditional parole decisions have been revoked.

Article 11. Responsibilities of prisons and detention centers under the Ministry of Public Security

1. Organizing education and reform, evaluating, and classifying compliance with sentences for prisoners; encouraging prisoners to fulfill supplementary penalties such as fines, court fees, and other civil obligations to meet the conditions for conditional early parole examination.

2. Implementing conditional early parole examinations and recommendations and announcing the decision on early conditional parole for prisoners.

3. Performing other tasks related to conditional early parole as stipulated for prisons and detention centers.

Article 12. Responsibilities of the Criminal Enforcement Agency of the provincial police force and the provincial police force

1. Implementing conditional early parole examinations and recommendations for prisoners serving sentences at detention centers and provincial police force detention facilities; receiving and handing over files of persons granted early conditional parole and files of prisoners whose early conditional parole decisions have been revoked within the province or city.

2. Allocating personnel, means, and funds to ensure the implementation of conditional early parole examinations and recommendations and the handover of files of persons granted early conditional parole and files of prisoners whose early conditional parole decisions have been revoked.

3. Performing other tasks related to conditional early parole according to the guidance and directives of the Ministry of Public Security's criminal enforcement management agency.

Article 13. Effective Date

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

2. Circular No. 12/2018/TT-BCA dated May 7, 2018, of the Minister of Public Security on conditional early parole in the Public Security sector ceases to be effective from the date this Circular takes effect.

3. When the legal normative documents cited in this Circular are amended, supplemented, replaced, or newly issued, the relevant contents of this Circular will also be adjusted accordingly.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Heads of units under the Ministry of Public Security, Directors of Provincial Public Security Departments, Prison Governors, Detention Center Governors, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Department of Prisons and Compulsory Education Facilities Management is responsible for monitoring, guiding, inspecting, and urging the implementation of this Circular.

3. During the process of organizing the implementation of this Circular, if there are difficulties or obstacles, public security units and localities shall report to the Ministry of Public Security (through the Department of Prisons and Compulsory Education Facilities Management) for guidance.