Conditional early release from imprisonment: when will a certificate of completion of the imprisonment sentence be issued?

Does being granted conditional early release from imprisonment mean that the person has already completed their imprisonment sentence? Will a person granted early release be issued a Certificate of Completion of the Imprisonment Sentence immediately upon release from prison, or must they wait until another point in time?

These are questions of particular concern to persons granted conditional early release from imprisonment and their families. Correctly determining the time at which the Certificate of Completion of the Imprisonment Sentence is issued is not only legally significant but also directly affects the expungement of criminal records, employment opportunities and reintegration into the community. The following article clarifies the timing of the issuance of the certificate and the points that individuals granted early release from prison need to be aware of.

1. What is conditional early release from imprisonment?

Conditional early release from imprisonment is provided for under Article 66 of the 2015 Criminal Code, as amended and supplemented in 2017 and 2025, and is a humanitarian mechanism under Vietnamese criminal law. This mechanism allows persons currently serving an imprisonment sentence to return to their families and communities before the expiry of their sentence, provided that they fully satisfy the conditions prescribed by law.

However, it should be noted that being granted conditional early release does not mean that the person has completed their sentence. During the remaining period of the imprisonment sentence, they remain subject to a probationary period and must fully perform the obligations prescribed in the court’s decision.

2. Why does the law provide for conditional early release from imprisonment?

Conditional early release from imprisonment is based on a combination of leniency and supervision. The State creates conditions for offenders to return to their families at an earlier stage, giving them an opportunity to work, study and correct their mistakes.

However, in order to ensure the educational and crime-prevention purposes of criminal penalties, the law still provides for a probationary period to assess the rehabilitation and law-abiding conduct of the person granted early release. Only when this period has been successfully completed in compliance with the law will the person be recognized as having completed their imprisonment sentence.

3. Will a Certificate of Completion of the Imprisonment Sentence be issued immediately upon conditional early release?

This is a point that is frequently misunderstood. Being released from prison only means that the person has entered a stage of serving their sentence in the community under the management, supervision and education of the competent authorities.

During the probationary period, a person granted conditional early release must:

• – Strictly comply with the law;
• – Fully perform the obligations prescribed in the court’s decision;
• – Be subject to the management, supervision and education of the local authorities;
• – Appear when requested by a competent authority;
• – Not commit any violation that may result in the revocation of the decision granting conditional early release.

Accordingly, the date of release from prison should not be understood as the date on which the Certificate of Completion of the Imprisonment Sentence is issued.

4. When will the Certificate of Completion of the Imprisonment Sentence be issued?

Clause 4, Article 57 of the 2025 Law on Execution of Criminal Judgments provides as follows:

“4. The Certificate of Completion of the Imprisonment Sentence shall be issued to a person granted conditional early release as follows:

a) Three days before the expiry of the probationary period, or immediately after receiving a decision shortening the entire remaining probationary period applicable to conditional early release, the commune-level police authority or military unit shall hand over the management file to the criminal judgment execution agency of the provincial-level Police or the criminal judgment execution agency of the military zone where the person granted conditional early release is being managed. The handover of the file shall be recorded in minutes and kept in the prisoner’s file. On the last day of the probationary period, or on the date on which the decision shortening the entire probationary period takes legal effect, the criminal judgment execution agency of the provincial-level Police or the criminal judgment execution agency of the military zone shall issue a Certificate of Completion of the Imprisonment Sentence to such person and send it to the competent Procuracy, the Court that issued the decision granting conditional early release, the Court that issued the decision on execution of the sentence, the prison, detention centre, criminal judgment execution agency of the military zone where the person served their sentence, and the commune-level Police authority where the person resides;

b) The criminal judgment execution agency of the provincial-level Police or the criminal judgment execution agency of the military zone shall not issue the Certificate of Completion of the Imprisonment Sentence if the person granted conditional early release violates the law during the probationary period and is prosecuted as an accused person or is subject to a proposal for revocation of the decision granting conditional early release. Immediately upon receiving a decision from a competent authority determining that the person granted conditional early release has not violated criminal law, or a court decision rejecting the proposal to revoke the decision granting conditional early release, the Certificate of Completion of the Imprisonment Sentence shall be issued to such person.”

Accordingly, the criminal judgment execution agency of the provincial-level Police or the criminal judgment execution agency of the military zone is responsible for issuing the Certificate of Completion of the Imprisonment Sentence on the last day of the probationary period or on the date on which the decision shortening the entire probationary period takes legal effect. The Certificate shall then be sent to the competent Procuracy, the Court that issued the decision granting conditional early release, the Court that issued the decision on execution of the sentence, the prison, detention centre, criminal judgment execution agency of the military zone where the person served their sentence, and the commune-level Police authority where the person resides.

In other words, the Certificate of Completion of the Imprisonment Sentence is not issued on the date of release from prison, but on the date on which the probationary period expires, provided that the person granted conditional early release has properly complied with all obligations prescribed by law.

5. What happens if the person commits a violation during the probationary period?

Not every person will automatically receive the Certificate of Completion of the Imprisonment Sentence once the expected date is reached. If, during the probationary period, the person granted conditional early release:

• – Intentionally violates their obligations on multiple occasions;
• – Seriously violates regulations on management and supervision;
• – Or commits a new criminal offence.

The Court may revoke the decision granting conditional early release in accordance with Article 70 of the 2025 Law on Execution of Criminal Judgments.

In such case, the person must return to a detention facility to continue serving the remaining portion of their imprisonment sentence in accordance with law. Naturally, in such circumstances, they will also not yet be eligible to receive a Certificate of Completion of the Imprisonment Sentence.

6. What is the significance of the Certificate of Completion of the Imprisonment Sentence?

This is one of the important legal documents for a person who has served a sentence. The Certificate serves as a basis for:

• – Demonstrating that the person has completed their imprisonment sentence;
• – Carrying out procedures relating to the expungement of criminal records in accordance with the Criminal Code;
• – Supplementing employment or education applications, or carrying out administrative procedures where requested by a competent authority;
• – Ensuring the lawful rights and interests of a person who has completed their sentence.

Therefore, correctly determining the time at which the Certificate is issued is of great significance to the process of reintegration into the community.

Conditional early release from imprisonment is a humanitarian policy that creates an opportunity for offenders to return to their families and society at an earlier stage. However, release from prison does not mean that the imprisonment sentence has been completed. A person granted conditional early release will only be issued a Certificate of Completion of the Imprisonment Sentence after the expiry of the probationary period and full performance of their obligations prescribed by law, provided that the decision granting conditional early release has not been revoked.

For professional legal assistance, please contact:

Litigation and Legal Advisory Lawyer: Trần Thị Kim Phụng

• – Email: info@bizlawyer.vn
• – Hotline: 086 885 1900

Sincerely.