What are regulations on obligations of persons serving suspended sentence in Vietnam?

1. What are regulations on obligations of persons serving suspended sentence in Vietnam?

Article 87 of the Law on Criminal Judgment Execution 2019 provides for obligations of persons serving suspended sentence:

1. Present himself/herself upon the summons and commit to serve the sentence as prescribed in Clause 1 Article 85 of this Law.

2. Strictly fulfill his/her commitments on compliance with law, civil obligations, internal regulations of the places of residence, work and study; abide by all additional penalties, obligations of compensation for damage, except for objective reasons certified by the competent authority.

3. Submit to the supervision and education of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone where he/she resides or works.

4. Abide by regulations prescribed in Article 92 of this Law.

5. Present himself/herself at the request of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone.

6. Send monthly reports on compliance with his/her probation conditions to the People’s Committee of commune or the military unit in charge. If the person serving suspended sentence is absent from his/her place of residence as prescribed in Clause 1 Article 92 of this Law, he/she must send a report on compliance with his/her probation conditions upon the expiry of the absence period.

According to this Article, comparing the above provisions, persons serving suspended sentence in Vietnam must fully fulfill the above obligations.

2. When can a person serving suspended sentence shorten the probation period in Vietnam?

Pursuant to Article 89 of the Law on Criminal Judgment Execution 2019 stipulates shortening probation period imposed on persons serving suspended sentences, according to which:

1. A person serving suspended sentence may request shortening of probation period when he/she:

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

b) has strictly complied with laws and regulations and probation conditions prescribed in Article 87 of this Law; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authorities.

2. A person serving suspended sentence may have his/her probation period shortened once a year for 1 month to 1 year. If the remainder of the probation period is under 1 month, it may be eliminated. A person serving suspended sentence 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.

3. If a person serving suspended sentence has made merits 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.

4. If a person serving suspended sentence has his/her probation period shortened but he/she commits probation violation as prescribed in Article 87 of this Law and the court compels him/her to serve the original prison sentence, the shortened period shall not be included in the serving time of the prison sentence.

Thus, the person serving suspended sentence may request shortening of probation period in Vietnam when there are conditions such as having served a half of the probation period and during the probation period, the suspended sentence has served strictly comply with the law and obligations as prescribed; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authorities.

Best Regards!