How many times can parolees have their probation period shortened once a year in Vietnam?

How many times can parolees have their probation period shortened once a year in Vietnam?

Pursuant to Article 64 of the Law on Criminal Judgment Execution 2019, shortening probation period imposed on parolees as follows:

1. A parolee may request shortening of the probation period when he/she:

a) has served a half of the probation period; and

b) has made great progress during his/her probation period.

2. A parolee may have his/her probation period shortened once a year for 3 months to 2 years. If the remainder of the probation period is under 3 months, the court may decide to eliminate it.

A parolee may have his/her probation period shortened multiple times provided that he/she in fact has served at least three-fourths of the probation period, except for the case prescribed in Clause 3 hereof.

3. If a parolee is a minor, has made merits, is a decrepit old person or has suffered a fatal disease and he/she has satisfied all conditions prescribed in Clause 1 hereof, the court may eliminate the remainder of his/her probation period.

Thus, if a parolee has served a half of the probation period, the probation period may be shortened once a year in Vietnam.

If he has served at least three-quarters of the probationary period, the probationary period may be shortened several times in Vietnam.

For parolee is a minor, has made merits, is a decrepit old person or has suffered a fatal disease, the remaining probation period can be shortened if they can complete half of the probation period and make good progress in Vietnam.

Does absence duration from place of residence of parolees count towards the probation period in Vietnam?

According to Article 67 of the Law on Criminal Judgment Execution 2019, parolee’s absence from place of residence as follows:

1. A parolee may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and make a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall be included in the probation period but not exceeding 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.

2. When seeking permission for absence from place of residence, a parolee must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing. When the parolee comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the parolee commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall notify the People’s Committee of commune or the military unit in charge.

3. The parolee may not leave Vietnam’s territory during his/her probation period.

According to this Article, absence duration from place of residence of parolee is included in the probation period but not exceeding 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility in Vietnam.

What is dealing with parolee’s change of place of residence in Vietnam?

In Article 68 of the Law on Criminal Judgment Execution 2019, dealing with parolee’s change of place of residence or work is as follows:

1. If a parolee, for justifiable grounds, has to change his/her place of residence or work, he/she must obtain a certification of the People’s Committee of commune or the military unit in charge and send a request to the criminal judgment execution agency of district-level police office or of military zone.

Within 15 days after receiving the request for change of place of residence or work from the parolee, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with relevant agencies in verifying and dealing with such request. If the request is rejected, they must provide explanation in writing.

2. The request for change of place of residence may be approved if the following conditions are satisfied:

a) The requirements prescribed in law on residence are met;

b) The parolee obtains a permission from the criminal judgment execution agency of district-level police office if he/she changes his/her place of residence within a district or from the criminal judgment execution agency of provincial-level police department if he/she changes his/her place of residence beyond the scope of a district, or from the criminal judgment execution agency of the Ministry of Public Security if he/she changes his/her place of residence beyond the scope of province.

3. The change of the parolee’s place of work within the scope of a military zone shall be decided by the criminal judgment execution agency of military zone.

The change of the parolee’s place of work beyond the scope of a military zone shall be decided by the criminal judgment execution agency of the Ministry of National Defense.

If the parolee does not continue to work for military, the criminal judgment execution agency of military zone shall transfer his/her dossier to the criminal judgment execution agency of district-level police office where the parolee comes to reside for further supervision as prescribed in Clause 3 Article 59 of this Law.

4. The Minister of Public Security and the Minister of National Defense shall elaborate this Article.

Thus, if a parolee wishes to change his/her place of residence, he/she must make an application certified by the People’s Committee of commune or the military unit assigned to manage it and send it to the criminal judgment execution agency of district-level police office or of military zone for consideration and settlement in Vietnam.

Best Regards!