Can a person who is serving non-custodial sentences change his/her residence?

I currently reside in Phong Hien commune, Phong Dien district, Thua Thien Hue province. In early 2020, I was punished by the District People's Court for 12 months of non-custodial reform for gambling. Now my family has moved to another commune of this district and I want to come along with my family. I want to ask if I can change my residence when serving my sentences? What is the procedure for changing my residence in this case? I hope FDVN Law Firm can give me some advice soon. Thank you so much!

FDVN’s Opinions:

Thank you very much for submitting questions to FDVN Law Firm (FDVN). After studying relevant legal regulations, FDVN has some opinions for your consulting request as follows:

[1] Cases where change of residence are considered and settled:

Based on the information you provided, you are the judgment executor, (the convicted person), subject to the penalty according to the legally effective judgment or court decision and the execution decision has been issued (According to Clause 1, Article 3 of the Law on Execution of Criminal Judgments 2019).

And if the judgment executor ensures the requirements according to the provisions of the law on residence, he/she may consider and settle the change of residence if there is a plausible reason that he/she must change the place of residence of one of the cases in accordance with Article 3 of Circular 64/2019/TT-BCA provisions on settlement of persons of conditions before conditions, penalties issued, persons received or confidentiality issued by the Ministry of Public Security as follows:

- Being born with family but the family moved to another residence;

- Go to the residence spouses after marriage; move to another place of residence after divorce;

- Move to a place of residence with their father, mother, grandparent, or children to perform the obligations of care and nurture in the event that the parent, grandparent or child becomes seriously and is not cared for by someone else, nurturing or in case of old age and helplessness;

- Move to another place of residence to ensure work or study;

- There is no place of residence because of the disaster, fire, enemy sabotage;

- Forced to sell the house to remedial or ensure the abominable ;

- Due to epidemic reasons or requirements for national defense and security;

-  Other cases decided by the criminal judgment enforcement agency of the Ministry of Public Security.

Thus, if you are not restricted or violated the provisions of the law on residence, you can change your place of residence while serving the non-custodial reform penalty due to living in the same family and families move to another place. In addition, the place of residence you move must have a specific, clear, stable and permanent address and the settlement of the change of residence of you must ensure that it does not affect security, quiet; ensure the requirements of the management, supervision, education and stabilization of your life and integration into the community.

[2] Procedures for change of residence for judgment executors

Step 1: Receipt and processing of applications for change of residence address

- You go to the Commune-level police where they are managing, supervising, and educating the judgment executors (where they go) to be guided for writing applications for change of residence and submitting them to the commune-level police. The application for change of residence must state the reason for the change of residence.

- Within 03 working days from the date of receipt of the application to change the place of residence of the judgment executor, the commune-level police where you leave will consult with the People's Committee of the commune and report to the criminal judgment execution agency of the district-level police office about requests to change the judgment executor’s place of residence and enclose the application for change of residence of the judgment executor.

- Within 03 working days from the date of receipt of the report from the People's Committee of the commune where you leave, the criminal judgment execution agency of district-level police office shall:

• Conduct verification and consideration and settlement in case of applying for change of residence within a district;

• Reporting to the criminal judgment enforcement agency of the provincial police in case of application for change of residence beyond the scope of a district within a province.

• Report to the Criminal Judgment Enforcement Agency under the Ministry of Public Security in case of application for change of residence beyond the scope of province.

- Based on verification results or opinions of the criminal judgment execution agency of provincial-level police department, Criminal judgment execution management agency of the Ministry of Public Security, criminal judgment execution agency of district-level police office where you leave make a decision on how to resolve the case you apply for change of residence and send that decision to you, the People's Committee of the commune where you leave. The decision on the settlement of the judgment executor applying for the change of residence must state whether or not it consents to the change of residence; in case of disagreement, it must clearly state the reason.

(According to Article 4 of Circular 64/2019/TT-BCA)

Step 2. Receive and implement the decision

In case you are allowed to change your residence:

Within 03 working days after receiving a decision on the settlement of the judgment executor applying for change of residence, the commune-level police where you leave will consult with the People’s Committee of the commune and perform:

- Remarks and assesses the process of law observance and obligation execution of the judgment executor during the local judgment execution time.

- Handover records of management of persons released from prison before the conditional period, records of management of persons who are postponed serving imprisonment sentences, records of supervision, education of suspended sentence beneficiaries, records of supervision, education Non-custodial reform (hereafter referred as judgment debtors' management, supervision and education documents) to criminal judgment execution agency of district-level police office. The handover of dossiers must be recorded in writing and kept records of judgment execution management, supervision, and education.

- Notify the judgment executor to proceed with the relocation of residence in accordance with the law on residence.

In case you are not allowed to change your residence

Commune-level police where you leave perform:

- Save the decision on the settlement of the judgment debtors' request to change their place of residence in the judgment execution management, supervision and education records;

- Notify in writing the judgment debtors of the reasons for not changing their place of residence and request them to continue to strictly comply with the judgment execution obligation;

- Continuing to manage, supervise and educate judgment executors according to regulations.

(According to Article 5 of Circular 64/2019 / TT-BCA)

Step 3: Resolve change of residence

According to the information you provided, you change your place of residence from commune to commune within a district, within 03 working days from the date of receipt of documents on management, supervision, and education by judgment debtors that the People's Committee of commune where you leave handed over, criminal judgment execution agency of district-level police office performs:

- Notify and hand over documents on management, supervision, and education of judgment executors to the People's Committee of commune where the judgment executors move to reside (place of destination) for management, supervision, and education of judgment executors. The handover of dossiers must be recorded in writing and recorded in judgment execution management, supervision, and education.

- Report to the criminal judgment execution agency of provincial-level police department on the change of the place of residence.

(According to Article 6 of Circular 64/2019 / TT-BCA)

Step 4: Notification of change of residence by judgment executor

- The criminal judgment execution agency of district-level police office where you leave notify the People's Court, the People's Procuracy at the same level, the Court has issued a judgment execution decision, a decision to release prison before a conditional period about the judgment executor's change of residence.

- The criminal judgment execution agency of the district-level police office of the destination place shall notify the People's Court and the People's Procuracy at the same level about the receipt, management, supervision, and education of judgment executors changing residence.

(According to Article 9 of Circular 64/2019 / TT-BCA)

Above is the advisory opinion of FDVN regarding your request on the basis of researching legal provisions. Hopefully, the advice of FDVN will be useful to you.

Nguyen Thi Suong - FDVN Law Firm

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