The Ministry of Public Security is seeking comments on the draft Law on the Execution of Criminal Sentences, in which the drafting committee proposes reducing the term of non-custodial reform sentences.
Accordingly, the person serving the sentence may be decided by the District People's Court or the Regional Military Court to reduce the sentence term when the following conditions are met:
Having served 1/3 of the sentence term; for those under 18 years old, they must have served 1/4 of the sentence term;
Sentenced persons who actively study, work, correct mistakes or make achievements in work, protect security, ensure social order and safety shall be rewarded by competent state agencies;
Partial compensation for civil obligations in case of civil obligations.
Reduction in sentence of non-custodial reform
The person serving the sentence is considered for a reduction in the sentence term once a year, each reduction can be from 3 months to 9 months.
A person serving a sentence may have his/her sentence reduced multiple times, but must ensure that the actual time serving the sentence is half of the sentence. For a person serving a sentence under 18 years of age, the actual time serving the sentence must be 2/5 of the sentence.
A person serving a sentence who has made meritorious contributions, is too old or sick, or has a serious illness and has served 1/4 of the sentence term may be considered for a reduction in the sentence term, with a maximum reduction of 1 year each time, but must ensure that the actual time served is 2/5 of the sentence.
A person serving a sentence who is under 18 years old and has made meritorious contributions or is seriously ill will be considered for immediate sentence reduction. If 2/5 of the sentence has been served, the remaining term may be reduced.
Procedures for reducing the term of execution of a sentence of non-custodial reform
Within 7 days from the date of receipt of the application for reduction of the sentence term, the Chief Justice of the District People's Court, the Chief Justice of the Military Court of the region where the person serving the sentence resides or works shall establish a Council and organize a meeting to consider and decide to reduce the term of serving the sentence of non-custodial reform...
Within 3 working days from the date of the decision on full acceptance, partial acceptance or non-acceptance of the reduction of the sentence execution term, the Court must send that decision to the person executing the sentence, the People's Procuracy at the same level, the immediate superior People's Procuracy, the agency requesting the reduction of the sentence execution term, the Court that issued the decision to execute the sentence, and the Department of Justice where the Court that issued the decision to reduce the sentence execution term is headquartered.
In case a person serving a non-custodial reform sentence who is under electronic monitoring has the entire remaining sentence term reduced, the People's Committee at the commune level or the military unit assigned to supervise and educate them shall report in writing to the criminal enforcement agency of the district-level police or the criminal enforcement agency of the military region to end the electronic monitoring of them.
