JOINT CIRCULAR

ON COOPERATION IN FOLLOWING PROCEDURES FOR SHORTENING PROBATION PERIOD FOR PAROLEES AND persons serving suspended sentences

Pursuant to the Law on Execution of Criminal Judgments dated June 14, 2019;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; The Law on amendments to certain Articles of Law on Promulgation of Legislative Documents dated June  18, 2020;

The Tribunal President of the People's Supreme Court, the Chief Procurator of the Supreme People's Procuracy, the Minister of Public Security, and the Minister of National Defense jointly provide for coordination in following procedures for shortening the probation period  for parolees and persons serving suspended sentences,

Chapter I

GENERAL PROVISIONS

Article 1. Scope

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Article 2. Regulated entities

This Joint Circular applies to the Court, Procuracy, regulatory authorities executing criminal judgments of the Ministry of Public Security, regulatory authorities executing criminal judgments of the Ministry of National Defense; agencies executing criminal judgments of Provincial Public Security, agencies executing criminal judgments in military districts, agencies executing criminal judgments of district-level Public Security; parolees, persons serving suspended sentences, other agencies, organizations and individuals related to shortening of the probation period for parolees and persons serving suspended sentences.

Article 3. Forms of documents issued together with the Joint Circular

1. Decision on shortening the probation period for parolees (Form No. 01).

2. Decision on rejecting shortening of the probation period for parolees (Form No. 02).

3. Decision on shortening the probation period for persons serving suspended sentences (Form No. 03).

4. Decision on rejecting shortening of the probation period for persons serving suspended sentences (Form No. 04).

Chapter II

APPLICATIONS AND PROCEDURES FOR SHORTENING THE PROBATION PERIOD FOR PAROLEES

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1. An application for shortening the probation period for parolees shall include:

a) A copy of the decision on parole of the Court;

b) A copy of the decision on shortening probation period for persons serving suspended sentences who have the probation period shortened;

c) Documents showing the progression of parolees;

d) An application from the People’s Committee at the commune level or military district level that is assigned to control parolees;

dd) Other relevant documents.

2. Procedures for shortening the probation period for parolees follow regulations in clauses 1, 2 and 3 Article 65 of the Law on Execution of Criminal Judgments.

In case an agency executing criminal judgments of District-level Public Security makes a request for shortening the probation period for parolees, it must organize a meeting for collecting opinions of some other agencies and units in the People’s Public Security before an application is sent to the agency executing criminal judgments of Provincial Public Security.

3. Upon performing the supervision and control of executing shortening of the probation period for parolees, the competent Procuracy who detects parolees meeting requirements for shortening the probation period and not being proposed by competent authorities shall send a written request for preparation of applications for shortening their probation periods to competent authorities.

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1.  The Court shall organize a meeting for consideration for and decision on shortening the probation period for parolees according to regulations in clauses 4 Article 65 of the Law on Execution of Criminal Judgments. Within 03 working days before opening the meeting, the Court must send a written notification to a Procuracy at the same level for sending procurators to attend the meeting. In case the procurators appointed cannot attend the meeting, the Procuracy must send others to attend the meeting.

For inadequate documents or unclear documents, the judge shall send a request to the requesting authority for supplementing or clarifying the unclear documents.  This application shall also be sent to the Procuracy at the same level. Within 03 working days from the date of receiving the request of the Court, the applicant must supplement or clarify such documents as the request of the Court and Procuracy at the same level with the Court.

2. Procedures for consideration for shortening the probation period are prescribed as follows:

a) The chairperson opens the meeting and introduces the composition of the Council, the procurator participating in the meeting, the secretary of the meeting;

b) A member of the Council presents the application;

c) The procurator acts as the representative of the Procuracy to present the Procuracy’s opinions about shortening of the probation period of the applicant and compliance with laws in consideration of shortening the probation period;

d) The Council makes a discussion and comes to a decision.

3. On the basis of consideration of the application and opinion of the representative of the Procuracy, the Council shall make the decision on:

a) complete acceptance of the request for shortening the probation period for parolees. In case a parolee has under 3 months of the probation period, the Court may make a decision on shortening all the remaining probation period;

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c) rejection of the request for shortening the probation period for parolees.

4. The decision on shortening the probation period includes:

a) Date of making the decision;

b) Name of the Court making the decision;

c) Full name of the Judge, the procurator and the secretary of the meeting;

d) Full name, year of birth and place of residence of the person who is requested for shortening his/her probation period;

dd) Effective number and date the judgement and the decision of the Court; number and date of the decision on execution of the prison sentence; number and date of the decision on parole;

e) Consideration of the Court and grounds for approval or rejection;

g) Decision of the Court;

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5. A decision on shortening or refusal of shortening of probation period for parolees shall be sent according to the provisions of Clause 5, Article 65 of the Law on Criminal Judgment Execution.

6. The decision on shortening or refusal of shortening of probation period parolees may be appealed against. The procedures for handling the appeal shall comply with the provisions of Chapters XXII, XXV and XXVI of the Criminal Procedure Code.

Article 6. Execution of decisions on shortening the probation period for parolees

1. When a decision on shortening of the probation period takes legal effect, the criminal judgment execution agency of the district-level police authority or the military district-level criminal judgment execution agency shall carry out procedures to deduct the probation period for the parolee to archive the judgment execution file and notify the commune-level People's Committee or military unit assigned to manage the parolee.

2. In case the parolee is entitled to shorten the remaining probation period, the criminal judgment execution agency of the district-level police office or the military zone-level criminal judgment execution agency where the parolee is managed shall carry out the procedures for granting a certificate of completion of prison sentence to the parolee as prescribed in Clause 4, Article 59 of the Law on Criminal Judgment Execution.

Chapter III

APPLICATION AND PROCEDURES FOR SHORTENING OF THE PROBATION PERIOD FOR PERSONS SERVING SUSPENDED SENTENCES

Article 7. Application and procedures for shortening of the probation period for persons serving suspended sentences

1. Applications for shortening the probation period for persons serving suspended sentences shall comply with regulations in clauses 3 Article 90 of the Law on Criminal Judgment Execution.

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3. Upon performing the supervision and control of executing shortening of the probation period for persons serving suspended sentences, the competent Procuracy who detects persons serving suspended sentences meeting requirements for shortening the probation period and not being proposed by competent authorities shall send a written request for preparation of applications for shortening their probation periods to competent authorities.

Article 8. Procedures for considering and deciding shortening of the probation period and implementing decisions on shortening of the probation period for persons serving suspended sentences

Procedures for considering and deciding shortening of the probation period and implementing the decisions on shortening of the probation period for persons serving suspended sentences shall comply with regulations in clause 4 Article 85 and Clauses 4 and 5, Article 90 of the Law on Execution of Criminal Judgments; Clause 3, Article 4, Article 5 and Article 6 of this Joint Circular.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 9. Effect

This Joint Circular takes effect from November 26, 2021 and replaces the part of procedures for proposing, considering and deciding shortening of the probation period for parolees and persons serving suspended sentences of Joint Circular No. 04/2018/TTLT-BCA-BQP-TANDTC-VKSNDTC dated February 9, 2018 of the Ministry of Public Security, Ministry of National Defense, Supreme People's Court, Institute The Supreme People's Procuracy providing for cooperation in implementing the provisions of the Criminal Procedure Code in 2015 on parole and Joint Circular No. 08/2012/TTLT-BCA-BQP-TANDTC-VKSNDTC dated August 14, 2012 of the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy providing guidance on shortening of the probation period of suspended sentences.

Article 10. Organizing implementation

1. The Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security and the Ministry of National Defense shall be responsible for organizing the implementation of this Joint Circular.

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PP. PRESIDING JUDGE
SUPREME PEOPLE'S COURT
DEPUTY PRESIDING JUDGE




Nguyen Tri Tue

PP. PRESIDENT
THE SUPREME PEOPLE'S PROCURACY
STANDING VICE PRESIDENT




Nguyen Huy Tien

PP. MINISTER OF PUBLIC SECURITY
DEPUTY MINISTER




Major-general Le Quoc Hung

PP. MINISTER OF NATIONAL DEFENSE
DEPUTY MINISTER




Senior lieutenant-general Vo Minh Luong