VIETNAMESE CRIMINAL PROCEDURE CODE - Part Five - EXECUTION OF - CHAPTER XXVII EXECUTION OF IMPRISONMENT PENALTIES AND OTHER PENALTIES








	
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PART FIVE EXECUTION OF COURT JUDGMENTS AND DECISIONS
CHAPTER XXV GENERAL PROVISIONS ON EXECUTION OF COURT JUDGMENTS AND DECISIONS
Article 255.- Judgments and decisions to be executed
Article 256.- Procedures for execution of court judgments and decisions
Article 257.- Agencies, organizations tasked to execute court judgments and decisions
CHAPTER XXVI EXECUTION OF DEATH PENALTY
Article 258.- Procedures for consideration of death judgments before execution
Article 259.- Execution of death penalty
CHAPTER XXVII EXECUTION OF IMPRISONMENT PENALTIES AND OTHER PENALTIES
Article 260.- Execution of imprisonment penalties
Article 261.- Postponement of serving of imprisonment penalties
Article 262.- Suspension of serving of imprisonment penalties
Article 263.- Management of persons enjoying postponement or suspension of serving of imprisonment penalties
Article 264.- Execution of suspended sentences and non-custodial reform penalty
Article 265.- Execution of expulsion penalty
Article 266.- Execution of probation or residence ban penalty
Article 267.- Execution of fine or property confiscation penalty
CHAPTER XXVIII REDUCTION OF PENALTY TERMS OR EXEMPTION FROM SERVING PENALTIES
Article 268.- Conditions for reduction of penalty terms or exemption from serving penalties
Article 269.- Procedures for reduction of penalty terms or exemption from serving penalties
CHAPTER XXIX REMISSION OF CRIMINAL RECORDS
Article 270.- Automatic remission of criminal records
Article 271.- Remission of criminal records by court decisions

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CHAPTER XXVII EXECUTION OF IMPRISONMENT PENALTIES AND OTHER PENALTIES


Article 260.- Execution of imprisonment penalties

1. If the convicts are under temporary detention, the police agencies must permit them to meet their relatives before serving their sentences at the requests of the convicts’ relatives.

The superintendence boards of the prisons must notify the convicts’ families of the places where such convicts shall serve their penalties.

2. Where the convicts are on bail, past the time limit if they do not appear at the police offices to serve their penalties, they shall be escorted.

3. The presidents of the courts which have issued judgment execution decisions must monitor the execution of the judgments. The police agencies must notify the courts of the arrest of the convicts for execution of the judgments or of the reasons for failure to arrest them and measures to be taken to ensure the execution of the judgments.

4. Where the persons who are serving their imprisonment penalties escape from the prisons, the police agencies shall issue pursuit warrants.


Article 261.- Postponement of serving of imprisonment penalties

1. For persons who are sentenced to imprisonment but on bail, the presidents of the courts which have issued judgment execution decisions may permit on their own or at the requests of the procuracies or police agencies of the same level or the convicts to postpone the serving of imprisonment penalties in the cases prescribed in Clause 1, Article 61 of the Penal Code.

2. At least seven days before the expiry of the period of postponement of the serving of imprisonment penalties, the presidents of the courts which have permitted the postponement must issue judgment execution decisions and immediately send them together with the copies of the legally valid imprisonment judgments and/or decisions to the police agencies of the same level and the convicts before the expiry of the period of postponement of the serving of imprisonment penalties.

Past seven days after the expiry of the period of postponement of the serving of imprisonment penalties, if the convicts do not appear at the police offices without plausible reasons in order to go to serve their imprisonment penalties, the police agencies shall have to escort them to go to serve their imprisonment penalties.


Article 262.- Suspension of serving of imprisonment penalties

1. At the requests of the procuracies or the superintendence boards of the prisons where the convicts are serving their imprisonment penalties:

a/ The presidents of the provincial-level courts of the places where the convicts are serving their imprisonment penalties may allow such convicts to temporarily stop serving their imprisonment penalties in the cases prescribed at Point a, Clause 1 of Article 61, and in Article 62 of the Penal Code.

b/ The presidents of the courts which have issued judgment execution decisions may allow the persons serving their imprisonment penalties to temporarily stop serving their imprisonment penalties in the cases prescribed at Points b, c and d, Clause 1 of Article 61, and in Article 62 of the Penal Code.

At least seven days before the expiry of the period of suspension of imprisonment penalties, the presidents of the courts which have permitted the suspension of serving of imprisonment penalties must issue judgment execution decisions with regard to the remaining part of their penalties and immediately send such decisions to the police agencies of the same level in the same places of the courts which have issued the suspension decisions and to the convicts.

Past seven days after the expiry of the period of suspension of the serving of imprisonment penalties, if the convicts do not appear at the police offices without plausible reasons in order to go to serve their imprisonment penalties, the police agencies shall have to escort them to go to serve their imprisonment penalties.

2. The suspension of the serving of imprisonment penalties for trial according to cassation or reopening procedures must be decided by the protestors or the courts of cassation or reopening trial level.


Article 263.- Management of persons enjoying postponement or suspension of serving of imprisonment penalties

1. Persons enjoying the postponement or suspension of the serving of imprisonment penalties shall be assigned to the commune, ward or township administrations of the places where they reside or the agencies or organizations where they work for management. They must not go elsewhere without the permission of the commune, ward or township administrations or the agencies or organizations that manage them.

2. During the period of postponement or suspension of the serving of imprisonment penalties, if the convicts commit serious law violations or there emerge grounds to believe that they may abscond, the presidents of the courts which have permitted the postponement or suspension of the serving of imprisonment penalties shall cancel such decisions then issue judgment execution decisions to force them to serve their imprisonment penalties. Such judgment execution decisions shall be sent to the police agencies of the same level in the same localities of the decision-issuing courts. Immediately after receiving the judgment execution decisions, the police agencies must organize the arrest and escort of the convicts to go to serve their imprisonment penalties.


Article 264.- Execution of suspended sentences and non-custodial reform penalty

Persons subject to suspended sentence and persons subject to non-custodial reform penalty shall be assigned to the commune, ward or township administrations of the places where they reside or the agencies or organizations where they work for supervision and education.


Article 265.- Execution of expulsion penalty

Persons subject to expulsion must get out of the territory of the Socialist Republic of Vietnam within fifteen days after the execution decisions are issued. Where the persons subject to expulsion penalty must also serve other penalties or perform other obligations, the time limit for them to get out of the territory of the Socialist Republic of Vietnam shall be prescribed by law.


Article 266.- Execution of probation or residence ban penalty

For persons subject to probation, after they have completely served their imprisonment penalties, they shall be assigned to the commune, ward or township administrations of the places where they reside for execution of the probation penalty. Persons subject to residence ban shall not be allowed to temporarily or permanently reside in the localities where they are banned from residing in.


Article 267.- Execution of fine or property confiscation penalty

Decisions to execute fine or property confiscation judgments must be sent to the procuracies of the same level, executors, convicts and the administrations of the communes, wards or townships where the convicts reside.

Property confiscation shall be conducted under the provisions of Article 40 of the Penal Code.

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