Decree No. 53/2001/ND-CP dated August 23, 2001 of the Government guiding the enforcement of the residence ban and probation penalties
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, August 23, 2001
GUIDING THE ENFORCEMENT OF THE RESIDENCE BAN AND PROBATION PENALTIES
Pursuant to the Law on Organization of the Government of September 30, 1992;
In order to ensure the enforcement of the residence ban and probation penalties specified in Articles 37, 38, 57 and 69 of the 1999 Penal Code and Articles 227, 235, 237 and 238 of the June 9, 2000 Criminal Procedure Code;
At the proposals of the Minister of Public Security and the Minister of Justice,
Article 1.- Residence ban is an additional penalty applicable to persons who are sentenced to imprisonment, prohibiting them from temporarily or permanently residing for between one year and five years in certain localities as from the date they have completely served their imprisonment sentences.
Probation is an additional penalty applicable to persons who are sentenced to imprisonment for infringing upon the national security, to dangerous recidivists or other cases provided for by the Penal Code, forcing them to reside, earn their living and reform themselves in a certain locality for between one year and five years after the date they have completely served their imprisonment sentences, under the supervision and education by the local administrations and people.
Article 2.- The People’s Committees of communes, wards and townships (hereinafter referred to as commune-level People’s Committees for short) that enforce the residence ban and probation penalties shall have to coordinate with Vietnam Fatherland Front and its members at the same level in closely managing, supervising, educating, helping and creating conditions for the convicted persons to earn their living, thereby preventing them from continuing to commit law violations, and to strictly implement the court judgments.