In which cases are the provisions on non-custodial reform applied?

Reply:

Non-custodial reform is understood as a punishment that does not force the convicted person to be isolated from society, but is assigned to state agencies and social organizations for supervision and education in order to promote the role of the masses in participating in the reformation and education of criminals.

Article 36 of the 2015 Penal Code stipulates non-custodial reform as follows:

1. Non-custodial reform is applied from 06 months to 03 years to offenders of less serious crimes or serious crimes as prescribed by this Code who have a stable workplace or a clear place of residence if it is deemed unnecessary to isolate the offender from society.

If the convicted person has been detained or imprisoned, the time spent in detention or imprisonment shall be deducted from the time spent serving the sentence of non-custodial reform; each day of detention or imprisonment shall be equal to 3 days of non-custodial reform.

2. The court shall hand over the person sentenced to non-custodial reform to the agency or organization where he/she works or studies or the People's Committee of the commune where he/she resides for supervision and education. The family of the convicted person shall be responsible for coordinating with the agency, organization or People's Committee of the commune in supervising and educating that person.

3. During the sentence, the convicted person must perform certain obligations according to the regulations on non-custodial reform and have a portion of his/her income deducted from 5% to 20% to be added to the state budget. Income deductions are made monthly.

In special cases, the Court may exempt income from deduction, but must clearly state the reason in the judgment. No income deduction shall be made for a person serving a sentence who is performing military service.

4. In case a person sentenced to non-custodial reform does not have a job or loses his job during the time of serving this sentence, he/she must perform some community service work during the non-custodial reform period.

Community service time does not exceed 04 hours in a day and not more than 05 days in a week.

Community service labor measures shall not be applied to pregnant women or women raising children under 6 months of age, the elderly, people with serious illnesses, people with severe disabilities or especially severe disabilities.

A person sentenced to non-custodial reform must fulfill the obligations prescribed in the Law on Enforcement of Criminal Judgments.