Tiếng Việt
TABLE OF CONTENTS
1. Time for considering reduction of prison sentence term
2. Conditions for consideration of reduction of prison sentence
3. Level of reduction of prison sentence
4. Procedures for reducing the term of imprisonment
1. Time for considering reduction of prison sentence term
Time for considering reduction of prison sentence term according to Article 5 of Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC guiding the implementation of regulations on reducing prison sentence term for prisoners as follows:
“5. The time of the review deadline for imprisonment
1. The reduction of the deadline for imprisonment of imprisonment is carried out every year 03 (three) waves, on occasions: The Southern Liberation Day, the reunification of the country (30/ 4), National Day (2/ 9) and the Lunar New Year. For the internship camps, the Defense Department’s detention facility, which carried out a deadline for the deadline for the establishment of the Vietnam People’s Army and the National Defence Day (22/12) instead of the Lunar New Year.
2. For cases that have been reduced due to a prison term of imprisonment that in the same year that the public or the poor is in the case, the suggestion of reducing the term of imprisonment for imprisonment is not subject to the time of regulation at paragraph 1 of this Article.”
2. Conditions for consideration of reduction of prison sentence
Conditions for consideration of reduction of prison sentence according to Article 6 Of Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC guiding the implementation of regulations on reduction of prison sentence for prisoners are as follows:
“Article 6. Conditions for consideration of reduction of prison sentence
1. Prisoners who meet the following conditions are eligible for a reduction of prison sentence:
A) having served at least one-third of the term for a prison sentence of thirty years or less or twelve years for a life sentence;
B) having made much progress in complying with the regulations of the prison, temporary detention camp, and temporary detention house; actively study, work and reform, and must have enough periods of serving the prison sentence classified as good or better, specifically as follows:
– prisoners sentenced to life imprisonment must have at least four consecutive years immediately preceding the time of consideration for reduction of the sentence and be classified as good or better. In the case of a death sentence that is commuted to life imprisonment by the president, there must be at least five consecutive years immediately preceding the time of consideration for reduction and be classified as good or better;
– prisoners sentenced to imprisonment of more than twenty years to thirty years must have at least three consecutive years and six months immediately preceding the time of consideration for reduction and be classified as good or better;
– prisoners sentenced to imprisonment of more than fifteen years to twenty years must have at least three consecutive years immediately preceding the time of consideration for reduction and be classified as good or better;
– prisoners sentenced to imprisonment of more than ten years to fifteen years must have at least two consecutive years or eight consecutive quarters immediately preceding the time of consideration for reduction and be classified as good or better;
– prisoners sentenced to imprisonment for more than five years to ten years must have at least one year or four consecutive quarters immediately preceding the time of consideration for reduction classified as good or better;
– prisoners sentenced to imprisonment for more than three years to five years must have at least six months or two consecutive quarters immediately preceding the time of consideration for reduction classified as good or better;
– prisoners sentenced to imprisonment for three years or less must have at least one most recent quarter classified as good or better.
2. Prisoners who are considered for a reduction in the term of serving their prison sentence in special cases or juvenile offenders, compared with the provisions in point b, clause 1 of this article, are still lacking the first year of being classified as serving their prison sentence as good or better in the period immediately preceding the time of consideration for reduction (for prisoners sentenced to imprisonment for more than fifteen years or more), are lacking the first six-month period of being classified as good or better (for prisoners sentenced to imprisonment from more than five years to fifteen years), are lacking the first quarter of being classified as good or better (for prisoners sentenced to imprisonment from more than three years to five years) or have not been classified as serving their prison sentence (for prisoners sentenced to imprisonment for three years or less) but during the time of temporary detention, temporary detention or in prison, they are considered to have strictly complied with the regulations of the prison, temporary detention camp, temporary detention house and meet all other conditions, they can still be proposed for a reduction in the term of serving their prison sentence.
3. Prisoners who meet the conditions specified in point a, clause 1 of this article, prisoners in special cases or juvenile offenders with the number of periods classified as good or higher equal to or more than those specified in point b, clause 1 or clause 2 of this article but not consecutively, may still be considered for a reduction in the term of imprisonment, if there are at least two consecutive six-month periods immediately preceding the time of the proposed reduction being classified as good or higher (for prisoners sentenced to imprisonment of more than ten years) or two consecutive quarters classified as good or higher (for prisoners sentenced to imprisonment of ten years or less).
4. Prisoners with a criminal record must have a longer probation period and a higher number of periods classified as good or higher than prisoners without a criminal record, corresponding to each previous conviction is a six-month period classified as good or higher. For prisoners sentenced to imprisonment of 3 years or less, corresponding to each previous conviction is a quarter classified as good or higher.
5. Prisoners whose prison sentences have been reduced must be continuously classified as having served their prison sentences as good or better before they can be considered for further review and proposed for timely reduction of their prison sentences.
In case of not meeting the conditions for being considered for reduction in the right period, the term will be considered and proposed for reduction when there are four consecutive quarters of being classified as having served the prison sentence as good or better (of which there must be at least two consecutive quarters at the time of consideration for reduction).
6. Prisoners who have had their term of imprisonment reduced but violate the regulations of the prison, temporary detention camp, or temporary detention house and are disciplined, after being recognized by the warden of the prison, temporary detention camp, or the head of the criminal enforcement agency of the district-level police as having made progress in reform and having four consecutive quarters (for prisoners who have been disciplined with reprimands twice during the classification period or disciplined with warnings) or five consecutive quarters (for prisoners detained in disciplinary cells) being classified as having served the prison sentence as good or better, they will be considered and proposed for reduction of their term of imprisonment.
7. A prisoner who has had his prison sentence reduced but commits a new serious, very serious or especially serious crime must have served at least two-thirds of the total sentence or twenty years in the case of life imprisonment and must meet all the conditions specified in point b, clause 1 of this article to be considered for a reduction in the prison sentence. 8. A person whose prison sentence is temporarily suspended or who is being subject to compulsory medical treatment measures shall have his/her prison sentence served on a temporary basis and shall be counted consecutively with the time after returning to the prison, detention camp, or criminal judgment enforcement agency of the district-level police to continue serving the sentence. When these people return to prisons, detention camps, and criminal enforcement agencies of the district-level police to continue serving their sentences, if they meet the conditions specified in the above-mentioned clauses of this article and during the period of temporary suspension or application of compulsory medical treatment measures, they strictly comply with the provisions of law, and are confirmed by the local authorities where the person whose prison sentence is temporarily suspended resides or the medical facility treating the person subject to compulsory medical treatment measures, then they will be considered and proposed to reduce the term of serving their prison sentences.”
3. Level of reduction of prison sentence
According to Article 7 Of Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC guiding the implementation of regulations on reducing prison sentence for prisoners, the level of reduction of prison sentence is as follows:
“Article 7. Level of reduction of prison sentence
1. Prisoners sentenced to life imprisonment, the first time shall be reduced to thirty years.
2. Prisoners sentenced to thirty years or less, each time may be reduced from one month to three years. The cases of reduction of three years must be prisoners who strictly comply with the regulations of the prison, temporary detention camp, temporary detention house and have made merits or have outstanding achievements in labor, study and reform.
3. Each year, a prisoner shall only be considered for reduction of prison sentence once, the interval between two reductions shall be at least one year. In cases where the remaining prison term has been reduced but is less than one year, the following year a request for reduction may be made earlier than the previous one, but it must still be ensured that only one reduction is considered each year.
In cases where, after the reduction, there is a special reason for leniency such as meritorious service or serious illness, the reduction may be considered further, but not more than twice in one year.
4. Each prisoner may have his or her prison term reduced multiple times, but must ensure that the actual time served is one-half of the fixed-term prison term imposed or twenty years for a life sentence.”
4. Procedures for reducing the term of imprisonment
According to Article 38 of the 2019 Law on Enforcement of Criminal Judgments, the procedure for reducing the term of imprisonment is stipulated as follows:
“Article 38. Procedures for reduction of the duration of serving prison sentence
1. Competent agencies specified at Points a and b, Clause 1, Article 31 of this Law may request reduction of the duration of serving prison sentences.
2. The competent authority proposing to reduce the term of imprisonment is responsible for preparing a dossier and transferring it to the people’s court at the provincial level, the military court at the military zone level where the prisoner is serving the sentence for consideration and decision, and at the same time sending 01 set of dossiers to the people’s procuracy at the same level as the court. The dossier includes:
a) A copy of the judgment: for consideration of reduction of the sentence from the second time on, a copy of the judgment execution decision is required instead;
b) A written request of the competent agency for the reduction;
c) Quarterly, biannual and annual assessment grades of the serving of the prison sentence; commendation decision(s) or certificate(s) of the inmate’s merits issued by competent agency(ies);
d) The conclusion of a provincial- or military zone- or higher-level hospital or medical examination council on the illness, for inmates suffering a fatal disease or a document showing that inmate is a decrepit old person;
dd) A copy of the decision to reduce the duration of serving the prison sentence, for inmates who have been granted a reduction;
e) Proof of compensation for civil obligations paid by the person whose duration of serving prison sentence is requested for reduction.
3. Within 15 days after receiving a request dossier for reduction of the duration of serving the prison sentence, the chief judge of people’s court of province or the chief judge of military court of the military zone in which the inmate is serving his/her sentence shall establish a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
5. The consideration for reduction of the duration of serving prison sentences shall be carried out 3 times a year. A sentenced person may only be considered for reduction of the duration of serving prison sentence once a year. After the sentenced person is granted the reduction of duration of serving the prison sentence, if there are special grounds showing that he/she deserves greater leniency, such as he/she has made merits, is a decrepit old person or has suffered a fatal disease. He/she may be considered for further reduction of duration of serving prison sentence but not exceeding twice a year.”