Laws of Vietnam

THE GOVERNMENT

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. The non-custodial reform penalty is aimed to create conditions for persons subject to non-custodial reform (hereinafter referred to as convicted persons) to labor and study in community and show their repentance and amelioration in a normal social environment, under the supervision and education by the agencies, organizations, army units, education and training establishments or People’s Committees of communes, wards or district towns, where the convicted persons reside (hereinafter referred to as supervising and educating agencies and organizations) and such persons’ families.

2. The convicted persons shall have to serve their penalties under the supervision or education by the supervising and educating agencies and organizations as well as their families.

In cases where the convicted persons have already served one third of their non-custodial reform term and made good progress or recorded merits or suffered from serious illness, they may be considered by the court for penalty reduction or exemption according to the provisions of Articles 58, 59 and 76 of the Penal Code.

1. The supervising and educating agencies and organizations shall have to take necessary measures to ensure the effectiveness of execution of non-custodial reform penalty and coordinate with the concerned agencies and organizations in supervising and educating the convicted persons.

2. The convicted persons’ families shall have to educate and help them to redress themselves, neither break law nor commit new offenses; closely contact the supervising and educating agencies and organizations in supervising and educating such persons.

3. The concerned agencies and organizations and the population community of the localities where the convicted persons reside shall have to coordinate with the supervising and educating agencies and organizations in educating and helping such persons.

Article 3.- Supervising and educating agencies and organizations mentioned in this Decree include:

1. Agencies and organizations that directly manage the convicted persons, if such persons are officials, public servants or students at education and/or training establishments;

2. Army units at the company, equivalent or higher level, if the convicted persons are armymen or defense workers;

3. Enterprises and cooperatives, if the convicted persons are salaried laborers;

4. People’s Committees of communes, wards or district towns, where the convicted persons reside, if such persons are other than those specified in Clauses 1, 2 and 3 of this Article.

Chapter II

OBLIGATIONS AND RIGHTS OF CONVICTED PERSONS

Article 4.- Convicted persons shall have the following obligations:

1. To strictly abide by the State’s law; actively engage themselves in labor and study, fulfill all their citizen obligations, and comply with conventions of villages, hamlets or population clusters where they reside;

2. To make written commitments with the supervising and educating agencies or organizations, clearly stating their resolve and ways of redressing themselves. Such a written commitment must be commented by the persons assigned to directly supervise and educate them (hereafter referred to as directly supervising and educating persons);

3. To strictly comply with their commitments, to actively redress their wrongdoings; honestly make their living and participate in collective activities in the community where they reside;

4. To fully inscribe the required contents in the monitoring books and submit such books to the persons directly supervising and educating them when the non-custodial reform term expires;

5. To fully execute additional penalties and obligation to pay compensations for damage (if any);

6. Monthly, to report in writing to the persons directly supervising and educating them on the situation of their self-training and betterment. In cases where the convicted persons are absent from their places of residence for more than 30 days, their reports must be commented by the police of the quarter or commune where such persons arrive for temporary residence;

7. Once every three months, to make self-criticism of the fulfilment of their commitments mentioned at Point 2 of this Article before the collectives of the places where they labor, study or reside according to the provisions of Article 8 of this Decree;

8. To declare and remit in full their income’s parts deductible under the court’s decisions to the civil judgment enforcement bodies. If they fail to remit such amounts within the prescribed time limit, they shall have to bear the interests thereon according to the Vietnam State Bank’s regulations;

9. To show up when so requested by the supervising and educating agencies or organizations;

10. In cases where the convicted persons need to leave their places of residence:

a/ If they are officials, public servants, armymen, defense workers or salaried laborers, they shall have to obtain permission from the heads of the agencies or organizations where they work, and at the same time notify such to the chiefs of population groups, villages, hamlets or police of quarters or communes where they reside;

b/ If they are students at the education and training establishments, they shall have to obtain permission from the leaders of such education and training establishments, and at the same time notify such to the chiefs of population groups, villages, hamlets or police of quarters or communes where they reside;

c/ If they are placed under the supervision and education by the People’s Committees of the communes, wards or district towns, they shall have to notify such to the persons directly supervising and educating them. In cases where they are away from their places of residence for more than 30 days, they shall have to report in writing to the presidents of the supervising and educating commune, ward or district town People’s Committees, clearly stating the absence duration and places of temporary residence;

d/ In cases specified at Points a, b and c, Clause 10 of this Article, if the convicted persons leave their places of residence overnight, they shall have to present themselves and produce the monitoring books to the polices of quarters or communes where they arrive for temporary residence.

1. If convicted persons being officials, public servants, armymen, defense workers or salaried laborers are allowed to continue working at the agencies, organizations or army units where they worked before committing offenses, they shall be assigned tasks suitable to the supervision and education requirements and purposes and enjoy entitlement commensurate to jobs they undertake.

2. If convicted persons being students at the education and training establishments are allowed to continue their study at such establishments, they shall enjoy benefits according to the regulations of such education and training establishments.

3. Convicted persons other than those specified in Clauses 1 and 2 of this Article shall be given favorable conditions by the People’s Committees of communes, wards or district towns where they reside for their livelihood and daily life.

4. Convicted persons being subjects specified in Article 1 of the Ordinance on preferential treatment of revolutionary activists, fallen heroes and their families, war invalids, sick soldiers, resistance war activists, persons with meritorious services to the revolution or current social insurance beneficiaries shall continue to enjoy the preferential regimes according to the current regulations.

5. For convicted persons being officials, public servants, armymen, defense workers or salaried laborers, the penalty execution term shall also be counted into their work or service seniority, but not into the time period for annual or periodical wage rise or rank promotion consideration. The penalty execution term shall be calculated from the date the agencies or organizations supervising and educating such persons receive the judgment execution decisions and judgment excerpts.

Article 6.- Convicted persons may request the supervising and educating agencies or organizations to propose to the people’s court of the district or the military court of the region where they work or reside for consideration the reduction of the penalty execution term, when they have already served one third of their respective non-custodial reform terms and made good progress or recorded merits, or they are too old and weak or suffer from serious illness.

Convicted persons being minors, who have already served one quarter of their non-custodial reform terms, shall be considered for penalty reduction. In cases where a convicted minor records a merit or suffers from serious illness, the supervising and educating agency or organization shall request the court of the district where he/she resides to consider the prompt penalty reduction and possible exemption from execution of remaining penalty term.

Chapter III

RESPONSIBILITIES AND RIGHTS OF THE CONCERNED AGENCIES, ORGANIZATIONS AND FAMILIES FOR SUPERVISING AND EDUCATING CONVICTED PERSONS

1. Agencies and organizations supervising and educating convicted persons shall have the following responsibilities and rights:

a/ To assign persons to directly supervise and educate the convicted persons;

b/ To create conditions for the convicted persons to labor, study and integrate themselves into collective activities of their respective agencies, organizations, units and/or localities;

c/ To coordinate with other concerned agencies and/or organizations as well as families of the convicted persons in educating, persuading, helping them redress their wrongdoings;

d/ To request the convicted persons to fulfill all their obligations; to take timely preventive and educative measures when they show negative signs and notify the competent authorities thereof for handling when necessary;

e/ To promptly commend the convicted persons when they make good progress, actively participate in social activities or record merits;

f/ To allow the convicted persons to be absent from their places of residence;

g/ To propose at their own initiative or at requests of the convicted persons the court of the district or the military court of the region where such persons are serving the penalty to consider the reduction of or exemption from the remaining penalty execution term according to the provisions of Article 6 of this Decree;

h/ To grant certificates of complete serving of non-custodial reform term to the convicted persons;

i/ To inscribe their remarks in the monitoring books on the process of penalty execution by the convicted persons when such persons move to other localities;

j/ To deduct part of incomes of the convicted persons under the court’s decisions and remit it to the civil judgment enforcement bodies.

2. Upon proposing the court to consider the reduction of or exemption from the remaining penalty execution term according to the provisions of Clause 1, Point f of this Article, the agencies or organizations supervising and educating the convicted persons shall have to send in their dossiers.

A request dossier comprises:

a/ The written request of the supervising and educating agency or organization for consideration for the reduction of or exemption from the remaining penalty execution term for the convicted person;

b/ The convicted person monitoring book;

c/ The excerpts of the court’s judgment and judgment execution decision;

d/ The convicted person’s application for shortening of the probation period (if he/she so requests);

e/ The convicted person’s written self-criticism;

f/ The minutes of the meeting for criticism of the convicted person.

3. For convicted persons who are officials, public servants, armymen, defense workers, salaried laborers or students at the education and training establishments and serving their penalties at their agencies, organizations, army units and education and training establishments, besides the responsibilities and rights prescribed in Clause 1 of this Article, the heads of such agencies, organizations, army units or education and training establishments shall also have to coordinate with the People’s Committees of the communes, wards or district towns where the convicted persons reside.

4. The supervising and educating agencies and organizations must not impose obligations and restrictions on convicted persons other than the obligations prescribed in Article 4 of this Decree and the restrictions inscribed in the court’s judgment.

1. In cases specified at Points f and h, Clause 1, Article 7 of this Decree, the supervising and educating agencies and organizations shall have to hold meetings where the convicted persons shall make self-criticism, which shall serve as basis for remarks on or appraisal of such persons’ penalty execution process.

2. The self-criticism shall be conducted as follows:

a/ Officials, public servants, armymen, defense workers and salaried laborers shall make self-criticism before the collectives of the units where they work;

b/ Those who are studying at the education and training establishments shall make self-criticism before the collectives of the classes where they study;

c/ Those who have been consigned to the commune, ward or district town People’s Committees for supervision and education shall make self-criticism before the villages, hamlets or population groups where they reside;

d/ The self-criticism must be participated by the leaders of the supervising and educating agencies, organizations and persons, and recorded in writing.

Article 9.- Persons directly supervising and educating convicted persons shall have the following responsibilities and rights:

1. To take initiative in contacting the convicted persons to inquire into the offense causes and circumstances, their thoughts and aspirations of such persons, and explain and guide such persons to well perform their obligations;

2. Once every three months, to report to the heads of the supervising and educating agencies or organizations on the situation of executing the non-custodial reform penalty, except for extraordinary cases or when the supervising and educating agencies or organizations so request;

3. When the convicted persons meet all conditions for being considered for penalty execution term reduction according to the provisions of Clause 1, Article 58 of the Penal Code, to report such to the heads of the supervising and educating agencies or organizations with a view to proposing the court to consider the penalty execution term reduction. If such persons have completely served the penalty, to request the heads of the supervising and educating agencies or organizations to grant certificates of complete penalty serving to such persons;

4. To propose specific measures to coordinate with the convicted persons’ families and/or social organizations where such persons serve the penalty in supervising and educating such persons;

5. To coordinate with the quarter polices, commune polices or heads of population groups, chiefs of villages or hamlets where the convicted persons reside in supervising and educating such persons;

6. Monthly, to inscribe in the monitoring books their comments on the convicted person’s self-training and betterment;

7. To make dossiers to monitor the penalty execution by the convicted persons.

Article 10.- A dossier to monitor the penalty execution by a convicted person comprises:

a/ The monitoring book granted by the court;

b/ Excerpts of the court’s judgment and judgment execution decision;

c/ Decision of the head of the supervising and educating agency or organization on assignment of a person to directly supervise and educate the convicted person;

d/ The convicted person’s written commitment, and his/her family’s commitment if he/she is a minor;

e/ The convicted person’s written report to the person directly supervising and educating him/her on his/her self-training and betterment;

f/ Written report of the directly supervising and educating person on the execution of non-custodial reform penalty by the convicted person;

g/ Written self-criticism by the convicted person;

h/ Minutes of the meeting to criticize the convicted person;

i/ Written remarks by the supervising and educating person on the penalty execution by the convicted person;

j/ Court’s decision to reduce the penalty execution term (if any);

k/ Certificate of complete penalty serving;

l/ Other documents related to the supervision and education of the convicted person.

2. When the convicted persons completely serve their penalties, their direct supervising and educating persons shall have to hand over the dossiers specified in Clause 1 of this Article to the following agencies and organizations for management:

a/ The personnel management sections of the agencies, organizations, army units, educational and training establishments directly managing the convicted persons being officials, public servants, armymen, defense workers, salaried laborers or students at educational and training establishments;

b/ The People’s Committees of communes, wards or district towns where such persons reside, if the convicted persons are not subjects specified at Point a, Clause 2 of this Article.

Article 11.- In cases where convicted persons, who are currently serving the penalty, move to other localities, the above-mentioned agencies or organizations shall have to promptly notify such to the court that has issued judgment execution decisions together with such persons’ dossiers, so that the court can proceed with necessary procedures to assign agencies or organizations where the convicted persons move to for further supervision and education.

Article 12.- Families of convicted persons shall have to:

1. Care for and be close to the convicted persons and take specific measures to help them redress their wrongdoings, not to break laws; give timely warnings and remedies when such persons commit wrong acts;

2. Closely coordinate with the persons directly supervising and educating the convicted persons in managing and educating the latter. If the convicted persons are minors, such persons’ families shall make written commitments with the supervising and educating agencies or organizations;

3. Pay compensations for damage caused by the convicted persons being minors. For minors aged between full 15 years and under 18 years, compensations shall be made only when such persons have not enough assets to cover such compensations;

4. Notify the agencies or organizations supervising and educating the convicted persons of the result of such persons’ self-training and betterment when so requested;

5. Join meetings to criticize the convicted persons.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13.- Those who violate the provisions of this Decree shall, depending on the seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability according to the provisions of law.

Article 14.- This Decree takes effect 15 days after its signing and replaces Decree No.95/HDBT of July 25, 1989 of the Council of Ministers promulgating the Regulation on the regime of non-custodial reform and reform at disciplining units of the army.

Article 15.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

On the Government’s behalf
Prime Minister
PHAN VAN KHAI