THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT
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No. 02/2010/NQ-HDTP
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Hanoi, October 22, 2010
 
RESOLUTION
SUPPLEMENTING SOME GUIDANCE PROVIDED IN RESOLUTION NO. 01/ 2007/NQ-HDTP OF OCTOBER 2, 2007, AND RESOLUTION NO. 02/2007/NQ-HDTP OF OCTOBER 2, 2007, OF THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT
THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT
 
Pursuant to the Law on Organization of People's Courts;
In order to properly and consistently apply the provisions of the Penal Code and the Criminal Procedure Code;
After consulting the Chairman of the Supreme People's Procuracy and the Minister of Justice,
 
RESOLVES:
 
Article 1. To supplement Resolution No. 01/ 2007/NQ-HDTP of October 2, 2007, of the Judges' Council of the Supreme People's Court, guiding the application of the Penal Code's provisions on the statute of limitations for execution of judgments, exemption from serving penalties and reduction of penalty terms
1. To supplement the guidance on the level of reduction of imprisonment terms provided at Point b, Item 3.2, Section 3 of Resolution No. 01/2007/NQ-HDTP of October 2, 2007, of the Judges' Council of the Supreme People's Court, as follows:
b/ A person sentenced to prison for 30 years or less may enjoy a reduction of between 3 months and 3 years for each time of reduction. To be entitled to a 3-year reduction, he/she must have recorded a particularly outstanding merit in labor or reformation and strictly observed (he prison's internal rules and incarceration regulations.
In case a person currently serving a prison penalty satisfies all the conditions for consideration of imprisonment term reduction and he/she has to serve less than 3 months in prison, the level of imprisonment term reduction may equal this remaining period given that he/ she has served half of the pronounced penalty term as prescribed in Clause 3. Article 58 of the Penal Code.

Example 1: Nguyen Van A was sentenced to 5 years in prison. He has served the penalty for 4 years and 10 months and satisfies all the conditions for enjoying a penalty term reduction under the guidance in Item 3.1, Section 3 of Resolution No. 01/2007/NQ-HDTP. In this case, A may be entitled to a penalty term reduction equal to the remainder of his prison term (2 months).

 

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