Laws of Vietnam

No: 82/2011/ND-CP

Ha Noi, day 16 month 09 year 2011                          

DECREE

Decree No. 82/2011/ND-CP of September 16, 2011, on execution by lethal injection

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

Pursuant to the June 17, 2010 Law on Execution of Criminal Judgments;

At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the drugs, equipment and devices used for execution, the injection process; responsibilities of agencies, organizations and individuals for execution of the death penalty; conditions for assurance of execution of the death penalty and regimes and policies for persons engaged in execution.

Article 2. Subjects of application

This Decree applies to agencies, organizations and persons involved in the execution of the death penalty and persons condemned to death.

Article 3. Prohibited acts

1. Opposing or obstructing the execution; causing disorder or unsafety in places of execution.

2. Unlawfully exchanging or changing type, dose or quality of the drugs used for execution.

3. Failing to observe the order of the Execution Council and the law on execution of the death penalty.

4. Unlawfully moving the bodies, tombs-tones, graves or remains of executed persons.

Article 4. Funds for execution

Funds for execution shall be allocated by the State and included in annual cost estimates of the Ministry of Public Security and the Ministry of National Defense.

Article 5. Regimes and policies for persons engaged in execution

1. Execution team members and physicians identifying veins are entitled to an allowance 2 times the common minimum wage for each execution and a 10-day rest under regulations on rest regimes applicable to People’s Police and People’s Army officers and soldiers.

2. Execution Council members, forensic experts, technicians and persons pressing finger-prints of, and shrouding and burying executed persons are entitled to an allowance equal to the common minimum wage for each execution.

3. Other persons engaged in execution are entitled to an allowance equal to half of the common minimum wage for each execution.

Chapter II

DRUGS, EQUIPMENT AND DEVICES FOR EXECUTION AND INJECTION PROCESS

Article 6. Drugs for execution

1. The drugs for execution include:

a) Sodium thiopental, which is used for anesthesia;

b) Pancuronium bromide, which is used to induce paralysis of the nervous system and muscles;

c) Potassium chloride, which is used to stop the heart.

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

3. The drugs for execution shall be supplied by the Ministry of Health at the request of the Ministry of Public Security or the Ministry of National Defense.

4. The drugs shall be delivered with written records; sealed and strictly managed under law.

Article 7. Equipment and devices for execution

1. Provincial-level police offices and military units of military-zone level shall build execution chambers and working rooms of Execution Councils for execution of the death penalty under regulations of the Ministry of Public Security and the Ministry of National Defense.

2. Equipment and devices for execution include:

a) A gurney with straps for securing executed persons;

b) Intravenous lines, needles and lethal injection machines with consoles;

c) Cardiac rhythm monitor machines;

d) Monitors and devices for monitoring and examining the execution;

e) Other tools and devices.

Article 8. Injection process

1. The order of execution must comply with Clauses 2, 3, and 4, Article 59 of the Law on Execution of Criminal Judgments, and this Decree. A condemned person is served a meal which is 5 times the holiday food portion applicable to persons in custody.

2. The Execution Council checks, breaks the seal and makes a record of the drugs used for execution under regulations.

3. The condemned person is strapped onto the gurney in the supine position, ensuring no hindrance to the circulation of the blood.

4. The executioner carries out the following steps:

a) Preparing 3 doses of drugs (including 2 backup ones);

b) Identifying the vein for injection. In case of failure, reporting such to the Execution Council chairperson for requesting a physician’s assistance in identifying the vein;

c) Inserting a needle already connected with an intravenous line into the identified vein and following the following order:

- Step 1: Injecting 5 grams of sodium thiopental.

After this injection for anesthesia, the executioner must check if the condemned person is unconscious or not. If not, he)she shall continue the anesthetic injection till the condemned person gets unconscious.

- Step 2: Injecting 100 milligrams of pancuronium bromide.

- Step 3: Injecting 100 grams of potassium chloride.

d) Checking the cardiac rhythm of the condemned person through the cardiogram monitor. If the condemned person is still alive after 10 minutes, the examiner shall report to the Execution Council chairperson for ordering the second injection with the backup dose.

If the condemned person is still alive after the injection of two doses, the execution team head shall report to the Execution Council chairperson for ordering the third injection.

5. The steps specified at Points b, c and d, Clause 4 of this Article may be carried out automatically or by persons.

6. At the order of the Execution Council chairperson, the forensic expert examines and determines the status of the executed person and reports results to the Council.

7. After the forensic expert concludes that the executed person has died, at the order of the Execution Council chairperson, the executioner stops the drip and removes the needle and intravenous line from the body of the executed person.

8. The Execution Council makes a record of the executed person’s death under regulations.

9. Settlement of formalities after the executed person’s death complies with Points f, g and h, Clause 4, Article 59, and Article 60 of the Law on Execution of Criminal Judgments.

Article 9. Burial expenses

Expenses for burial of an executed person include 1 coffin of ordinary timber, 1 set of ordinary clothes, 4 meters of shroud, incense, candles, spirit and alcohol for cleaning the corpse and other burial expenses.

A relative or lawful representative of the executed person who is allowed to retrieve the body for burial shall bear transportation expenses and commit to observing the law on assurance of security and order.

Chapter III

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND PEOPLE’S COMMITTEES OF ALL LEVELS FOR EXECUTION OF THE DEATH PENALTY

Section 1

RESPONSIBILITIES OF COMPETENT AGENCIES OF THE PEOPLE’S POLICE FOR EXECUTION OF THE DEATH PENALTY

Article 10. Responsibilities of the Ministry of Public Security’s criminal judgment execution management agency

1. To organize the implementation of the law on execution of the death penalty.

2. To professionally direct and guide the uniform application of the law on execution of the death penalty for criminal-judgment execution agencies of police offices of all levels.

3. To coordinate with health agencies in providing professional training in execution by lethal injection for People’s Police officers and soldiers directly engaged in execution.

4. To adopt plans on and estimate funds for execution of the death penalty.

5. To receive and settle requests of relatives or lawful representatives of executed foreigners to bring their remains to their home countries.

6. To make statistics and reports; to settle complaints and denunciations about execution of the death penalty under regulations.

7. To review the death penalty execution work of the People’s Police.

Article 11. Responsibilities of criminal-judgment execution agencies of provincial-level police offices

1. To participate in execution councils.

2. To assist directors of provincial-level police offices in working out plans and schemes, assigning tasks, organizing, sending and arranging forces, means and other physical foundations to ensure ultimate safety in execution.

3. To set up execution teams each composed of the team head, escort group, vein identification group and injection group.

4. To receive from death rows persons to be executed for escort to execution places.

5. To settle formalities for relatives or lawful representatives of executed persons to bring their bodies or remains to their localities or countries (for executed foreigners) for burial.

6. To carry out formalities for preservation of corpses at hospital in case of necessity when criminal-judgment execution agencies do not have preservation facilities.

7. To carry out death declaration procedures; to organize burial, draw maps and place tombstones on graves of executed persons, and notify their relatives or lawful representatives.

8. To report on execution results to the Ministry of Public Security’s criminal judgment execution management agency.

9. To manage execution dossiers under regulations.

10. To implement other regulations on execution of the death penalty under law.

Article 12. Responsibilities of criminal judgment-execution agencies of district-level police offices of localities in which the death penalty is executed

1. To assist district-level police chiefs in working out plans to assure security and order in execution places.

2. To detect, stop and handle violations of law in areas in which the death penalty is executed.

3. To perform other tasks as directed by provincial-level police directors.

Article 13. Responsibilities of death row authorities

1. To prepare conditions and working rooms at the request of the Execution Council.

2. To transfer condemned persons to the execution team at the request of the Execution Council.

3. To provide a meal for condemned persons, let them write letters and record their last words at the request of the Execution Council.

4. To hand over all papers, articles, property and money (if any) left by executed persons to their relatives or lawful representatives.

5. To hand over dossiers of executed persons under regulations.

Section 2

RESPONSIBILITIES OF COMPETENT AGENCIES OF THE PEOPLE’S ARMY FOR EXECUTION OF THE DEATH PENALTY

Article 14. Responsibilities of the Ministry of National Defense’s criminal judgment execution management agency

1. To organize the implementation of the law on execution of the death penalty in the People’s Army.

2. To professionally direct and guide the uniform application of the law on execution of the death penalty for criminal-judgment execution agencies of the People’s Army.

3. To provide professional training in execution by lethal injection for People’s Army officers and soldiers directly engaged in execution.

4. To receive and settle requests of relatives or lawful representatives of executed foreigners to bring their remains to their home countries.

Article 15. Responsibilities of criminal-judgment execution agencies of military-zone level

1. To participate in the Execution Council.

2. To assist military zone commanders in working out plans and schemes, assigning tasks, organizing, sending and arranging forces, means and other physical foundations to ensure ultimate safety in execution.

3. To set up execution teams each composed of the team head, escort group, vein identification group and injection group.

4. To receive from death rows persons to be executed for escort to execution places.

5. To settle formalities for relatives or lawful representatives of executed persons to bring their bodies or remains to their localities or countries (for executed foreigners) for burial.

6. To carry out formalities for preservation of corpses at hospital in case of necessity when criminal-judgment execution agencies do not have preservation facilities.

7. To carry out death declaration procedures; to organize burial, draw maps and place tombstones on graves of executed persons, and notify their relatives or lawful representatives.

8. To report on execution results to the Ministry of National Defense’s criminal judgment execution management agency.

9. To manage execution dossiers under regulations.

10. To implement other regulations on execution of the death penalty under law.

Article 16. Responsibilities of death row authorities of military-zone level

1. To prepare conditions and working rooms of the Execution Council.

2. To transfer condemned persons to the execution team at the request of the Execution Council.

3. To provide a meal for condemned persons, let them write letters and record their last words at the request of the Execution Council.

4. To hand over all papers, articles, property and money (if any) left by executed persons to their relatives or lawful representatives.

5. To hand over dossiers of executed persons under regulations.

6. To settle formalities for relatives or lawful representatives of executed persons to bring their bodies or remains to their localities or countries (for executed foreigners) for burial.

7. To organize burial, draw maps and place tombstones on graves of executed persons.

Section 3

RESPONSIBILITIES OF MINISTRIES AND PEOPLE’S COMMITTEES OF ALL LEVELS FOR EXECUTION OF THE DEATH PENALTY

Article 17. Responsibilities of the Ministry of Public Security

1. To take responsibility before the Government for the uniform state management of execution of the death penalty.

2. To promulgate or propose competent agencies to promulgate legal documents detailing execution by lethal injection.

3. To direct provincial-level police offices in properly implementing the law on execution of the death penalty.

4. To guide the application of regimes and policies for police officers and soldiers engaged in execution.

5. To formulate plans and programs on training for police officers and soldiers engaged in execution.

6. To make cost estimates for execution of the death penalty in the People’s Police.

7. To direct police offices of all levels in reporting, making statistics and reviewing execution of the death penalty.

8. To make national review, reports and statistics on execution of the death penalty.

Article 18. Responsibilities of the Ministry of National Defense

1. To take responsibility for directing and organizing the execution by lethal injection in the People’s Army.

2. To promulgate or propose competent agencies to promulgate legal documents detailing execution by lethal injection in the People’s Army.

3. To direct the execution of the death penalty in the People’s Army under regulations.

4. To guide the application of regimes and policies for People’s Army officers and soldiers engaged in execution.

5. To formulate plans and programs on training for People’s Army officers and soldiers engaged in execution.

6. To make cost estimates for execution of the death penalty in the People’s Army.

7. To coordinate with the Ministry of Public Security in reporting, making statistics and reviewing execution work.

Article 19. Responsibilities of the Ministry of Health

1. To supply sufficient quantities and guide the preservation and use of the drugs specified in Clauses 1 and 3, Article 6 of this Decree, for execution of the death penalty under annual plans of the Ministry of Public Security and the Ministry of National Defense.

2. To direct professional agencies, hospitals and health training institutions in coordinating with the Ministry of Public Security’s and the Ministry of National Defense’s criminal-judgment execution agencies in providing specialized health training for officers and soldiers engaged in execution.

3. To direct hospitals of the health sector in:

a) Sending physicians to assist executioners in identifying veins when necessary at the request of chairmen of the Execution Councils;

b) To receive and preserve bodies of executed persons transferred by criminal-judgment execution agencies when necessary.

Article 20. Responsibilities of provincial-level People’s Committees for execution of the death penalty

Provincial-level People’s Committees shall allocate land for building execution chambers and decide on places for burying executed persons; and direct district-level People’s Committees and concerned local agencies in coordinating to assure security, order and safety in the execution of the death penalty.

Article 21. Responsibilities of district-level People’s Committees for execution of the death penalty

District-level People’s Committees shall direct district-level police offices, district-level military commands and commune-level People’s Committees in implementation and coordination with concerned agencies in the execution of the death penalty.

Article 22. Responsibilities of commune-level People’s Committees for execution of the death penalty

1. Commune-level People’s Committees of localities in which the penalty is executed shall participate in assuring security and order in execution places; send representatives to witness the execution; carry out procedures to declare death of executed persons; and coordinate with criminal-judgment execution agencies of provincial-level police offices or criminal-judgment execution agencies of military-zone level in burying and managing graves of executed persons.

2. Commune-level People’s Committee of localities to which relatives or lawful representatives are allowed to bring bodies or remains of executed persons for burial shall properly observe the laws on security, order and environmental sanitation.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 23. Effect

This Decree takes effect on November 1, 2011.

The Government’s previous regulations on execution of the death penalty which are contrary to this Decree are all annulled.

Article 24. Implementation responsibilities

1. The Minister of Public Security and the Minister of National Defense shall, within their assigned functions, tasks and powers, organize, guide and examine the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.