b) The parents, spouse, or children of the convict suffer from a prolonged illness and have no one to care for them.

9. “too old and weak" prescribed in Article 64 of the Criminal Code means a convict in one of the following cases:

a) Aged 70 or above;

b) Aged 60 or above, has a chronic illness requiring hospitalization for a cumulative period of 3 months or more, or intermittently for 3 or more times (at least 1 month for each hospitalization), is unable to care for themselves, and has a medical certificate confirming their condition from a provincial or higher-level military medical examination board or hospital.

10. “required by his/her official duties” prescribed in Point d, Clause 1, Article 67 of the Criminal Code is a case where the competent authority deems it necessary for the convict to perform a specific official duty and there is no immediate replacement available if they are immediately sent to serve their sentence.

Article 3. Time limit for judgment execution prescribed in Article 60 of the Criminal Code

1. The time limit for execution of criminal judgments prescribed in Article 60 of the Criminal Code is the time limit for judgment execution on penalty decision.

The time limit for judgment execution on decisions on compensation for damages, court fees and other decisions on property in criminal judgments shall be implemented in accordance with the provisions of the law on execution of civil judgments.

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For example:  On February 1, 2024, Nguyen Van A was sentenced by the Court to 2 years in prison for deliberate infliction of bodily harm in Judgment No. 01/2024/HS-ST (which has come into legal effect). Nguyen Van A has not yet served the imprisonment sentence. On March 10, 2024, Nguyen Van A committed the crime of theft of property.  Thus, the time limit for the execution of Judgment No. 01/2024/HS-ST dated February 1, 2024 is 5 years from March 10, 2024; the time limit for the execution of the judgment for the crime of theft of property begins from the date the judgment for the crime of theft of property comes into legal effect.

3. In cases where a criminal judgment imposes a cumulative sentence for multiple offenses, the time limit for judgment execution shall be determined by the total penalty of the most severe primary offense.

For example:  in the Appellate Criminal Judgment No. 01/2024/HS-PT dated January 10, 2024, the Superior People's Court decided to reject the appeal of the defendant Nguyen Van H and upheld the First-Instance Criminal Judgment No. 60/2023/HS-ST dated September 2, 2023, of the People's Court of T Province; convicted the defendant Nguyen Van H of murder, deliberate infliction of bodily harm and practice usury in civil transactions; sentenced the defendant Nguyen Van H to 12 years in prison for murder, 2 years in prison for deliberate infliction of bodily harm, and a fine of 70,000,000 VND for usury in civil transactions; and imposed a total sentence of 14 years in prison and a fine of 70,000,000 VND. In this case, the total penalty of the most severe primary penalty of 14 years in prison is used to calculate the time limit for execution of the Appeallate Criminal Judgment No. 01/2024/HS-PT. Pursuant to Point b, Clause 2, Article 60 of the Criminal Code, the time limit for execution of this appellate judgment is 10 years.

4. In cases where a criminal judgment involves multiple convicted people, the time limit for execution of the criminal judgment against them is based on the individual sentence imposed on each person.

5. In cases where a criminal judgment combines penalties from multiple judgments, the time limit for execution of each judgment shall be calculated based on the penalty imposed in each individual judgment, rather than on the total combined penalty.

For example:  Nguyen Van A was sentenced by the Court to 1 year and 6 months in prison for theft of property in Judgment No. 01/2024/HS-ST (which has come into legal effect). In Judgment No. 15/2024/HS-ST, Nguyen Van A was sentenced to 7 years imprisonment for deliberate infliction of bodily harm, and combining this with the sentence in Judgment No. 01/2024/HS-ST, Nguyen Van A was ordered to serve a total sentence of 8 years and 6 months (which has become legally effective).  Accordingly, the time limit for the execution of Judgment No. 01/2024/HS-ST is 5 years, and for Judgment No. 15/2024/HS-ST is 10 years.

6. In case the convict intentionally avoids, but the police agency does not issue a wanted decision or issues a wanted decision but not in accordance with the provisions of the Criminal Procedure Code except for things that cannot be done (for example,  a photo must be attached but there is no photo), the avoidance time is still counted to determine the time limit for the execution of the criminal judgment.

7. In case the person sentenced to imprisonment has his/her imprisonment sentence deferred or suspended, the period of deferral or suspension will not be deducted from the time limit for judgment execution, except in cases where the deferral or suspension is applied to impose a compulsory medical treatment measure.

The time limit for the execution of the criminal judgment shall be calculated from the date on which the period of deferral or suspension expires and shall be based on the remaining prison sentence that the convict has not yet served.

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Article 4. Exemption from serving sentences prescribed in Article 62 of the Criminal Code

1. A person sentenced to community sentence or imprisonment who has not served the sentence prescribed in Clauses 2 and 3, Article 62 of the Criminal Code is a case where they have had a decision to serve the sentence but have not yet served the sentence.

2. A fined person who has actively served a part of the penalty prescribed in Clause 5, Article 62 of the Criminal Code is a case where they have served at least one-third of the fine.

3. A person prohibited from residence or kept under mandatory supervision as prescribed in Clause 6, Article 62 of the Criminal Code is a case where they have strictly complied with the law, have shown remorse, have been actively engaged in labor and study, and have received a written confirmation from the People's Committee of the commune where they reside.

Article 5. Commutation of sentences prescribed in Article 63 of the Criminal Code

1. A person sentenced to community sentence, imprisonment or life imprisonment shall be considered for a reduction of sentence duration for the first time when they meet the following conditions:

a) They have served at least one-third of the term for community sentence or imprisonment; 12 years for life imprisonment; and 15 years for those convicted of multiple offenses, including offenses punishable by life imprisonment;

b) For those sentenced to community sentence, they must strictly comply with the law, sincerely repent, and actively engage in labor and study.

For those sentenced to imprisonment or life imprisonment, they must demonstrate significant progress, as evidenced by their good conduct in the detention facility, active participation in study, labor, and reform, and adequate periods of "good" ratings or better in their prison sentence serving.

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A person sentenced to imprisonment for a term of 20 to 30 years must have at least 14 consecutive quarters of a 'good' rating or better preceding the time of the commutation consideration.

A person sentenced to imprisonment for a term of 15 to 20 years must have at least 12 consecutive quarters of a 'good' rating or better preceding the time of the commutation consideration.

A person sentenced to imprisonment for a term of 10 to 15 years must have at least 8 consecutive quarters of a 'good' rating or better preceding the time of the commutation consideration.

A person sentenced to imprisonment for a term of 5 to 10 years must have at least 4 consecutive quarters of a 'good' rating or better preceding the time of the commutation consideration.

A person sentenced to imprisonment for a term of 3 to 5 years must have at least 2 consecutive quarters of a 'good' rating or better preceding the time of the commutation consideration.

A person sentenced to imprisonment for a term of 3 years or less must have at least 1 quarter of 'good' rating or better preceding the time of the commutation consideration. In cases where there is no quarterly classification result due to the fact that the quarterly classification period has not yet arrived, but there are 3 consecutive months prior to the review for commutation that have been rated as "good," a commutation can still be considered.

c) They have compensated at least half of the civil liability as determined by the court's judgment or decision.

A convict who has compensated less than half of the civil liability as determined by the court's judgment or decision but has a document exempting them from a portion of the civil liability or has a different agreement with the judgment creditor or the judgment creditor's legal representative (with the confirmation of a competent authority) indicating that the convict has compensated half of the civil liability shall also be considered to have compensated half of the civil liability.

A convict with family extreme hardship, as guided by Clause 8, Article 2 of this Resolution, and verified by the People's Committee of the commune where they reside or by the competent civil enforcement agency, may have their civil liability reduced to less than half of the amount determined by the court's judgment or decision, but this must be clearly stated in the court's decision.

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d) They have been recommended by the competent criminal enforcement agency in writing for a reduction in the term of imprisonment.

2. The reduction in the term of imprisonment shall be carried out as follows, while still ensuring the actual time served as prescribed in Clauses 2, 3, 4, 5, and 6 of Article 63 of the Criminal Code:

a) For those sentenced to community sentence, each reduction may be from 3 to 9 months;

b) A person sentenced to imprisonment for a term of 30 years or less, or a person sentenced to life imprisonment who has had their sentence commuted to 30 years, may have their sentence reduced by 1 to 3 months each time. In cases where the reduction is up to 3 years, the individual must have an exceptionally outstanding record.

3. A person sentenced to life imprisonment, or a person convicted of multiple offenses including a life sentence, may have their life sentence commuted to an imprisonment sentence by the court. A person sentenced to life imprisonment for the first time may have their sentence reduced to 30 years. This 30-year term shall be calculated from the date of execution of the life sentence and, even if reduced multiple times, must ensure an actual term of imprisonment of 20 years for those sentenced to life imprisonment; 25 years for those convicted of multiple offenses including a life sentence.

4. A person serving a prison sentence who is considered for a reduction in their sentence in special cases, or a person under 18 who has committed a crime, if they have not served the required time in a detention facility but fall under one of the following circumstances, shall also be considered to have adequate number of periods with required ratings as prescribed in Clause 1(b) of this Article:

a) For those sentenced to imprisonment for more than 15 years, the first four consecutive quarters of "good" ratings or better preceding the time of the commutation consideration may be missing;

b) For those sentenced to imprisonment for more than 5 but less than 15 years, the first two consecutive quarters of "good" ratings or better preceding the time of the commutation consideration may be missing;

c) For those sentenced to imprisonment for 3 years to 5 years, the first quarter of "good" rating or better may be missing;

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In the aforementioned cases, the time spent in temporary detention, or in a correctional facility should be considered as strict adherence to the facility's regulations.

5. A convict sentenced to more than five years of imprisonment, but who has not consistently been rated as "good" or better, may still be considered for a reduction in sentence if they meet the other requirements specified in this Resolution and fall into one of the following categories:

a) There is a total of more than two quarters of "good" or better ratings, compared to the requirements for those sentenced to more than 10 years of imprisonment as specified in point b, clause 1 of this Article, and there are at least four consecutive quarters immediately preceding the time of sentence commutation consideration with a rating of "good" or better;

b) There is a total of more than one quarter of "good" or better ratings, compared to the requirements for those sentenced to more than 5 but less than 10 years of imprisonment as specified in point b, clause 1 of this Article, and there are at least two consecutive quarters immediately preceding the time of sentence commutation consideration with a rating of "good" or better.

6. The convict must have a greater number of quarters with a rating of "good" or better compared to first-time offenders. For each prior conviction, an additional two quarters with a rating of "good" or better are required. In cases where the convict is sentenced to 3 years or less of imprisonment, one additional quarter with a rating of "good" or better is required for each prior conviction.

7. A convict who has already had their sentence reduced must consistently maintain a "good" or better conduct rating to be considered for further scheduled sentence reductions in subsequent periods. If they do not meet the requirements for a scheduled sentence reduction, they may still be considered for a reduction if they have achieved a "good" or better classification for four consecutive quarters, including at least two consecutive quarters immediately prior to the review.

8. A convict who has already had their sentence reduced but has violated the facility's regulations and has been subjected to disciplinary action, may only be considered for further sentence reductions after being recognized by the warden, detention center director, or the head of enforcement agency of district-level police agency as having made significant progress in their rehabilitation and achieving a "good" or better conduct rating for four consecutive quarters (for convicts subject to two or more reprimands or warnings) or five consecutive quarters (for convicts confined to solitary confinement).

9. A convict who has already had their imprisonment sentence reduced but has committed a new, less serious crime due to intentional acts must serve at least half of the combined sentence and meet the criteria specified in points b, c, and d of clause 1 and clause 6 of this Article to be eligible for a sentence reduction.

10. A convict who has already had their sentence reduced but has committed a new, serious, very serious, or extremely serious crime must serve at least two-thirds of the combined sentence or 25 years in the case of life imprisonment and meet the criteria specified in points b, c, and d of clause 1 and clause 6 of this Article to be eligible for a sentence reduction.

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Article 6. Reduction of the term of imprisonment in special cases prescribed in Article 64 of the Criminal Code

1. A convict who has served at least one-quarter of the sentence for community sentence, imprisonment of 30 years or less, or 10 years for life imprisonment; 12 years for a person convicted of multiple crimes including life imprisonment and who meets the criteria specified in points b, c, and d of clause 1, clause 4, and clause 6 of Article 5 of this Resolution may be considered for a reduction in the term of imprisonment if the convict falls into one of the following cases:

a) They have made reparation in an effort to atone for the crime; however, for each reparation, the convict shall only be considered for a sentence reduction once;

b) They are too old and weak;

c) They have a fatal disease.

2. The maximum reduction per instance for the cases specified in clause 1 of this Article may be 1 year for community sentence, 4 years for imprisonment, or life imprisonment, but it must be ensured that the actual time served is at least two-fifths of the sentence imposed or 15 years for life imprisonment; in the case of a person convicted of multiple crimes including life imprisonment, the actual time served must be at least 20 years.

3. In special cases, upon the proposal of the Minister of Public Security or the Minister of Defense, and after obtaining the opinions of the Chief Procurator of the Supreme People's Procuracy and the approval of the President of the Supreme People's Court, a convict may be considered for a sentence reduction earlier or at a higher rate than that specified in clauses 1 and 2 of this Article.

Article 7. Deferral of the execution of the imprisonment sentence prescribed in Article 67 of the Criminal Code

1. A person sentenced to imprisonment may have his/her sentence deferred when meeting all of the following conditions:

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In the case of a sentenced female who is pregnant, regardless of whether she intentionally became pregnant and gave birth continuously to avoid serving her sentence, or a woman who is raising a child under 36 months of age, regardless of whether the child is biological or adopted, the execution of the sentence may be suspended until the child reaches 36 months of age.

b) Have a fixed residence.

A fixed residence is a place of temporary or permanent residence with a specific address as defined by the Residence Law where the convict resides and lives on a regular basis;

c) After being sentenced to imprisonment, they have not committed any serious violations of the law, and there is no reason to believe that they will abscond.

2. The court may also grant a deferral of the execution of a criminal sentence to a person who falls within the cases specified in clause 1 of Article 67 of the Criminal Code but does not meet one of the conditions specified in points b and c of clause 1 of this Article, provided that there are special circumstances and that the court exercises careful and prudent consideration.

For example:  If Nguyen Thi B is sentenced to 4 years in prison for deliberate infliction of bodily harm, does not have a fixed residence, and is raising a 12-month-old child with a fatal disease who requires hospitalization and has no other caregiver, the court may consider deferring the execution of Nguyen Thi B's sentence.

3. The period of deferral of serving the imprisonment sentence is determined as follows:

a) The period of deferral of serving the imprisonment sentence for the case specified in Point a, Clause 1, Article 67 of the Criminal Code is calculated from the date the court issues the decision until the convict’s health is restored;

b) The period of deferral of serving the imprisonment sentence for the case specified in Points b, c and d, Clause 1, Article 67 of the Criminal Code is calculated from the date the court issues the decision until the end of the deferral period determined by the court.

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a) If, during the period of deferral of the execution of a criminal sentence, the person whose sentence is deferred becomes pregnant again or has to continue raising a child under 36 months of age, the court may decide to extend the deferral until the youngest child reaches 36 months of age;

b) A person whose sentence is deferred pursuant to points c or d of clause 1 of Article 67 of the Criminal Code may have their sentence deferred one or more times, but the total deferral period shall not exceed one year.

Article 8. Suspension of the execution of the imprisonment sentence prescribed in Article 68 of the Criminal Code

1. A person who is currently serving an imprisonment sentence and falls under one of the cases specified in clause 1 of Article 67 of the Criminal Code and has a fixed residence may have their sentence execution suspended.

2. The duration of the suspension of the execution of a criminal sentence shall be determined in accordance with the provisions of clause 1 of Article 67 of the Criminal Code.

For people serving imprisonment sentence suffering from serious disease, the execution of their prison sentence may be suspended one or more times until their health is restored.

For people serving imprisonment sentence who are the sole breadwinners in their families or are needed for official duties, the execution of their prison sentence may be suspended one or more times, but the total suspension period shall not exceed one year.

Article 9. Entry in force

This Resolution was adopted by the Council of Judges of the Supreme People's Court on April 24, 2024, and shall enter into force on July 15, 2024./.