Nghị định 118/2024/NĐ-CP hướng dẫn Luật Thi hành án hình sự

DECREE

ELABORATION ON THE LAW ON CRIMINAL JUDGMENT ENFORCEMENT

Pursuant to the Law on Organization of the Government of Vietnam dated June 19, 2015; the Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of the Local Government dated November 22, 2019;

Pursuant to the Law on Criminal Judgment Enforcement dated June 14, 2019;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012; Law on Amendments to the Law on Penalties for Administrative Violations dated November 13, 2020;

Pursuant to the Law on Vocational Education dated November 27, 2014;

At the request of the Minister of Public Security of Vietnam;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for Clause 4 Article 17, Article 31, Article 33, Article 34, Article 35, Article 43, Article 47, Article 48, Article 49, Article 51, Article 55, Article 74, Article 75, Article 149, and Article 151 of the Law on Criminal Judgment Enforcement 2019.

Article 2. Regulated entities

This Decree applies to:

1. Inmates or students complying with judicial measures of education in reformatories.

2. Criminal judgment enforcement management agencies, criminal judgment enforcement agencies, and agencies assigned with specific tasks of criminal judgment enforcement.

3. Relevant agencies, organizations, and individuals.

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1. The state budget shall provide the funding for investment in and construction of facilities, procurement of equipment and devices for managing and implementing periodic health checkups, medical examination and treatment, health care, function rehabilitation, disease prevention and control, narcotic rehabilitation, HIV/AIDS treatment; legal education, civic education, cultural education, vocational education, dissemination of news, policies, laws, psychological counseling, legal procedure support, activities of culture, arts, sports, gymnastics, entertainment, and construction and allocation of medical treatment chambers for prisoners and students.

2. Detention facilities may use the inmates' labor results and receive funding from domestic organizations and individuals to support investment in the facilities and implement benefits for inmates. The management and use of implementation funding shall comply with state budget laws and relevant laws.

Chapter II

ORGANIZATIONAL STRUCTURE OF PRISONS

Article 4. Organizational management of prisons

1. The Minister of Public Security of Vietnam shall assume responsibility for managing the organizational system, payroll, and operations of prisons; decide on the establishment, dissolution, consolidation, and management of prisons and prison departments in prisons; promulgate categories and standards and norms of the construction of items of prisons and security control systems of prisons under the management of the Ministry of Public Security of Vietnam.

2. The Minister of National Defense of Vietnam shall assume responsibility for managing the organizational system, payroll, and operations of prisons; decide on the establishment, dissolution, consolidation, and management of prisons and prison departments in prisons; promulgate categories and standards and norms of the construction of items of prisons and security control systems of prisons under the management of the Ministry of National Defense of Vietnam.

Article 5. Management apparatuses of prisons

1. A management apparatus of a prison includes a superintendent, deputy superintendent, heads and deputy heads of prison departments, leaders and deputy leaders of teams; commissioned officers, professional soldiers, and non-commissioned officers; officers, public security employees, and national defense employees.

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Article 6. Organization of prisons

1. Prison departments

Prison departments of prisons shall organize the management, detention, and education of inmates in compliance with the guidelines of the CPV and policies and laws of the State. Prison departments include:

a) Incarceration sectors

Incarceration sectors of prison departments include:

Incarceration sectors for inmates serving sentences of over 15 years of imprisonment or life imprisonment and inmates committing dangerous recidivism;

Incarceration sectors for inmates serving sentences of 15 years of imprisonment or less; inmates serving sentences of over 15 years of imprisonment, which have been reduced to less than 15 years; inmates committing dangerous recidivism who have served half of their sentences and have their sentences reduced.

b) Prison cells

Shared prison cells: each cell holds up to 80 inmates;

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Disciplinary cells: each cell holds up to 2 inmates subject to disciplinary actions.

c) Auxiliary works, including:

Works serving labor, learning, daily living, health care; education, vocational guidance, and vocational education for inmates;

Works serving work, learning, daily living, and other conditions for commissioned officers, non-commissioned officers, officers, professional soldiers, public security employees, and national defense employees working at prisons.

2. Labor and vocational education zones

a) Labor and vocational education zones include:

Labor and vocational education zones for inmates invested in and directly managed by prison authorities;

Labor and vocational education zones for inmates constructed by organizations or individuals in land areas under the management of prison authorities that are handed over to prison authorities for management and use during cooperation periods.

b) Labor and vocational education zones are tasked to organize the management, incarceration, education, labor, and vocational education for inmates in compliance with the law.

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Solidly and securely built detention houses, ensuring security and safety according to the regulations of the Ministry of Public Security of Vietnam and the Ministry of National Defense of Vietnam.

Works serving learning, daily living, health care; education, labor, and vocational education for inmates.

Works serving work, learning, daily living, and other conditions for commissioned officers, non-commissioned officers, officers, professional soldiers, public security employees, and national defense employees working at labor, vocational guidance, and vocational education zones.

3. Criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam and Criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam shall manage the organizational systems, payrolls, and operations of labor and vocational education zones; decide on the establishment, dissolution, and consolidation of labor and vocational education zones prescribed in Clause 2 of this Article.

Chapter III

BENEFITS AND POLICIES FOR INMATES AND STUDENTS OF REFORMATORIES; GRADING OF COMPLIANCE WITH IMPRISONMENT SENTENCES AND HANDLING OF VIOLATING INMATES; RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, INDIVIDUALS, AND FAMILIES FOR EDUCATING INMATES

Section 1. BENEFITS FOR INMATES, FEMALE INMATES WHO ARE PREGNANT OR RAISING CHILDREN UNDER 36 MONTHS OLD, AND INMATES WHO ARE UNDER 18 YEARS OLD

Article 7. Meals for inmates

1. The State shall ensure the monthly rations for inmates, including:

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b) 15 kg of vegetables;

c) 1 kg of pork;

d) 1 kg of fish;

dd) 0,5 kg of sugar;

e) 0,75 l of fish sauce;

g) 0,2 l of cooking oil;

h) 0,1 kg of MSG;

i) 0,5 kg of salt;

k) Other spices: equivalent to 0,5 kg of plain rice;

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Food, foodstuffs, and fuel shall be ensured in terms of quality and have average prices according to the local market prices.

Regulations on meals for inmates during public holidays and Tet holidays shall be implemented according to the law and Clause 1 Article 48 of the Law on Criminal Judgment Enforcement 2019.

Inmates engaging in work included in the list of arduous, hazardous, and dangerous occupations prescribed by the law shall have their rations increased; the increased amount shall not exceed 2 times the standard rations for normal days.

Directors of detention facilities may, based on the requirements for ensuring the inmates’ health during incarceration, labor, and learning at places of judgment compliance, decide to swap the rations according to practical needs to ensure inmates have all their standard rations.

2. Aside from the standard rations prescribed in Clause 1 of this Article, inmates may use their gifts and money to acquire additional rations but not 3 times higher than the monthly ration for each inmate. The acquisition shall be carried out through the depository systems and canteens serving the inmates’ daily living in detention facilities.

3. Inmates shall have their meals ensured in terms of food safety and hygiene.

4. Each prison department of a detention facility shall have at least one shared kitchen. The norms of kitchen utensils for a shared kitchen used for 100 inmates include: 1 food storage cabinet with mesh or glass cover, 3 large pans, 1 small pan, 1 large pot for 3 years of use; types of knives, chopping boards, sinks, baskets, sieves, bowls, and chopsticks for 1 year of use, and other necessary kitchen equipment and utensils for cooking and distributing food portions for inmates.

Kitchen utensils used for 1 food tray of 6 inmates include 1 food cover, 1 rice pot, and 1 soup pot for 2 years of use; 2 plates, 1 bowl for dipping sauces, 1 rice ladle, and 1 soup ladle for 1 year of use.

Kitchen utensils used for 1 inmate having a separate meal by portions include 1 4-tier tiffin carrier or a stray with 5 compartments of plastics for containing food and 1 plastic for 2 years of use.

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Article 8. Clothing and personal belongings of inmates

1. Inmates shall be provided with:

a) 2 sets of long clothing made of plain fabrics according to a unified model/year;

b) 2 sets of underclothing/year;

c) 2 face towels/year;

d) 2 personal mats/year;

dd) 2 pairs of sandals/year;

e) 1 hat (the type will depend on whether the inmate is male or female)/year;

g) 1 nylon raincoat/year;

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i) 600 g of toothpaste/year;

k) 3,6 kg of soap/year;

l) 800 ml of shampoo/year;

m) 1 curtain/3 years;

n) 1 blanket/ 4 years (provinces from Thua Thien Hue to the North and 5 provinces of the Central Highlands shall provide cotton blankets with covers weighing no more than 2 kg; the remaining provinces shall provide fiber blankets);

o) 1 winter coat/ 3 years (only provided by provinces from Thua Thien Hue to the North and 5 provinces of the Central Highlands; the other provinces and centrally affiliated cities shall not provide winter coats);

Female inmates shall be provided with necessary utensils for personal hygiene, equivalent to 2 kg of plain rice/person/month.

2. Inmates annually participating in labor and vocational education shall be provided with 2 sets of workwear and other necessary labor protection gear.

Models and colors of inmates’ workwear and labor protection gear shall be stipulated by the Minister of Public Security of Vietnam and the Minister of National Defense of Vietnam.

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1. When arriving at a detention facility, inmates shall be entitled to medical examinations and receive health checkup sheets provided by the health department of the detention facility. While inmates are serving imprisonment sentences, the detention facility shall, based on the conditions, time of serving imprisonment sentences of inmates, and specific situations, cooperate with medical examination and treatment facilities by basic or in-depth medical services or the military hospital where the detention facility is based in organizing health checkups for inmates at least twice a year, specifically: measuring the height, weight, and average bust, inspecting parameters of heart rate, blood pressure, and body temperature, providing comprehensive clinical examinations by specialties and paraclinical examinations by doctors’ prescriptions, and storing the results in inmate’s records for management and monitoring of inmates’ health. The cost of periodic health checkups for inmates shall be paid according to the price bracket prescribed by the Ministry of Health of Vietnam. The detention facility shall regularly adopt solutions to matters concerning disease prevention and control, food safety and hygiene assurance, natural disaster preparation and management, and accidents and injuries.

2. When arriving at a detention facility, sick and injured inmates shall receive medical examination and treatment at the health department of the detention facility. Where an inmate’s sickness or injury exceeds the treating capacity, the Director of the detention facility shall transfer the inmate to another local medical examination and treatment establishment where the facility is based in conformity with the situation of the sickness for treatment and notify the inmate’s relative or legal representative of the situation for cooperation in care and treatment. Where the sickness or injury exceeds the treating capacity of the mentioned medical examination and treatment establishment, the Director of the detention facility shall, based on the designation of the Director of the medical examination and treatment establishment, consider deciding on the following treatment while submitting reports to the criminal judgment enforcement management agency of the Ministry of Public Security of Vietnam (regarding prisons managed by the Ministry of Public Security of Vietnam), the criminal judgment enforcement agency of the provincial Public Security Authority (regarding detention centers and custody houses under the management of provincial police departments), the Criminal Investigation Department of the Ministry of National Defense of Vietnam (regarding detention facilities under the management of the Ministry of National Defense of Vietnam), or the military zone-level criminal judgment enforcement agency (regarding detention facilities under the management of military zones). Regulations on meals, medicines, and health restoration regulations for inmates receiving treatment at a medical examination and treatment establishment outside the detention facility shall be designated by such medical examination and treatment establishment.

3. Medical examination and treatment establishments providing basic or in-depth medical services; military hospitals where there are detention facilities shall allocate land funds within their premises to build separate treatment zones for inmates. Where it is impossible to allocate land funds, arrange at least 3 separate sickrooms within their premises to treat inmates, ensuring security, order, and convenience for inmate management. Medical examination and treatment establishments shall arrange physicians and doctors who provide medical examination and treatment for patients as per regulation. Regarding military hospitals of specific levels where there are detention facilities, separate sickrooms shall be used when treating inmates; the mentioned rooms may be used for treating other patients when no inmates are coming in for treatment. Before the development of new hospital planning, detention facilities shall be notified for acknowledgment and cooperation on surveys, land fund allocation, and construction design.

4. The covered costs of common medicines for inmates shall be equivalent to 3 kg of plain rice/inmate/month.

5. Regarding inmates with signs of mental illnesses or other diseases that cause a loss of cognitive or behavioral control, while waiting for the provincial People’s Court or military zone-level Military Court where inmates are serving their imprisonment sentences to issue decisions on forensic psychiatric assessments, Directors of detention facilities shall cooperate with medical examination and treatment establishments of psychiatry of the State or military zone-level hospitals where detention facilities are based in providing examinations and treatment for such inmates according to the law.

6. Regarding inmates with a history of addiction to narcotics and other stimulants, detention facilities shall, based on their conditions and capacity, organize medical examinations, health care, and function rehabilitation; where inmates tested positive for narcotics and other stimulants, cooperate with relevant competent authorities in organizing rehabilitation as per regulation.

7. Inmates infected with HIV/AIDS, tuberculosis, and other infectious and chronic diseases shall receive care and treatment according to current laws.

Article 10. Benefits for female inmates who are pregnant or raising children under 36 months old and benefits for children who stay with their mothers in detention facilities

1. Regarding female inmates who are pregnant, taking maternity leave, or raising children under 36 months old in detention facilities, the total ration shall be twice the standard ration of normal days as prescribed in Clause 1 Article 7 of this Decree and swapped by prescriptions of physicians or doctors; female inmates giving birth in detention facilities shall be provided with necessary utensils for providing care for newborn babies equivalent to 1 month of the ration of children being offspring of inmates according to Clause 2 of this Article. Where pregnant female inmates are ineligible for suspension from serving the imprisonment sentences, they shall have lying areas of at least 3m²/inmate arranged, labor time reduced, and health care according to Clause 1 Article 51 of the Law on Criminal Judgment Enforcement 2019.

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3. Children under 36 months old, being offspring of inmates who stay with their mothers in prisons, shall be provided with:

a) 4 face towels/year;

k) 2 kg of soap/year;

c) 3 sets of clothes made of plain fabrics/year;

d) 1 age-appropriate curtain/3 years;

dd) 2 pairs of sandals/year;

e) 1 age-appropriate blanket/3 years (from Thua Thien Hue to the North and 5 provinces of the Central Highlands);

g) 1 set of winter clothing/1 year (only provided by provinces from Thua Thien Hue to the North and 5 provinces of the Central Highlands; the other provinces and centrally affiliated cities shall not provide winter coats);

4. Children under 36 months old, being offspring of inmates who stay with their mothers in detention facilities, shall receive health insurance cards, health care, and medical services according to the Law on Children and the Law on Health Insurance. Where children suffer from severe sickness exceeding the treating capacity of the infirmaries, detention facilities shall transfer them to health facilities of the State for treatment; the Directors of detention facilities shall decide on the transfer and escort of inmates who are the mothers of children to accompany and care for such children. The covered costs of common medicines shall be equivalent to 3 kg of plain rice/child/month.

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5. Meals, clothing, necessities, and health care for children over 36 months old who are offspring of inmates staying with their mothers at detention facilities pending admission to social protection facilities or transfer to relatives for nurture shall comply with Clauses 2, 3, and 4 of this Article.

Article 11. Meals, clothing, and personal belongings for inmates under 18 years old

1. Inmates under 18 years old shall have their rations ensured similar to inmates of 18 years old or older and have their rations of meat and fish increased by up to 20% of the rations of meat and fish for inmates.

2. Aside from the standards of clothing and personal belongings applicable to inmates of 18 years old or older, inmates under 18 years old shall be provided with 800 ml shampoo/year, 1 set of long clothing/year, 1 sun helmet or hat/year, 1 cloth hat/ year; 1 winter coat, 2 pairs of socks, and 1 woolen cap for 1 year of use (provided by provinces from Thua Thien Hue to the North and 5 provinces of the Central Highlands; the other provinces and centrally affiliated cities shall not provide the mentioned items).

Inmates under 18 years old shall be provided with 1 blanket/2 years (provinces from Thua Thien Hue to the North and 5 provinces of the Central Highlands shall provide cotton blankets with covers weighing no more than 2 kg; the remaining provinces and centrally affiliated cities shall provide fiber blankets) instead of the provision standard prescribed in Point n Clause 1 Article 8 of this Decree.

Section 2. LEARNING AND VOCATIONAL EDUCATION PROGRAMS OF INMATES

Article 12. Learning programs and content of inmates

1. Detention facilities shall organize learning activities for inmates according to the following stages:

a) The stage when inmates have just arrived at detention facilities

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The learning and dissemination time is 4 to 6 days from the date of classes. At the end of classes, inmates shall write learning outcome reports; where elderly or disabled inmates are incapable of writing or illiterate, they may ask other inmates to write and read for them so they may provide signatures or fingerprints in the reports. In case of epidemics, natural disasters, fire, or other force majeure, after implementing measures to prevent, control, prepare, or manage such situations or measures to remedy their consequences, learning activities shall be organized for inmates.

Learning classes shall be organized, each having at least 5 inmates. Where there are new inmates when classes are already organized, they may be added to classes and arranged for extra learning, supplementary knowledge, and document reading to keep up with the progress and schedule of classes, or they may attend later classes. Where there are less than 5 inmates or multiple inmates suffering from sickness or diseases or upon other force majeure, depending on the actual situation, Directors of detention facilities shall decide to organize classes or disseminate and instruct inmates to read documents and write learning outcome reports. After learning the entrance education content and programs, inmates shall be assigned to inmate teams. If necessary, Directors of detention facilities shall decide on the inmate teams and then organize the dissemination and education for inmates.

b) The stage when inmates are serving their sentences

After being assigned to specific teams, inmates shall learn the basic contents of the Constitution; regulations on criminal policies of Vietnam; regulations on suspension and reduction of time of serving imprisonment sentences, parole, and exemption from serving imprisonment sentences; several regulations of the Law on Criminal Judgment Enforcement, Criminal Code, Criminal Procedure Code, Civil Code, Labor Code, Law on Amnesty, Law on Prevention and Control of Narcotic Substances, Law on Prevention and Control of HIV/AIDS, Law on Prevention and Control of Infectious Diseases, Law on Vocational Education, Law on Fire, and specific ethical values and life skills. Inmates under 18 years old shall be entitled to learning and dissemination of several regulations of the Law on Children, Law on Youth, Law on Education, Law on Marriage and Family, Law on Gender Equality, Law on Prevention and Control of Harmful Effects of Alcoholic Beverages, Law on Prevention and Control of Harmful Effects of Tobacco, and legislative documents concerning their age group and gender.

Directors of detention facilities shall arrange 2 classes/week appropriately according to their actual conditions; the completion time shall be up to 6 months from the organization of classes, each class having 5 to 100 inmates. Where there are less than 5 inmates or multiple inmates suffering from sickness or diseases or upon other force majeure, depending on the actual situation, Directors of detention facilities shall decide to organize classes or disseminate and instruct inmates to read documents and write learning outcome reports. During the period when one-third of the learning program has not been completed, newly arrived inmates who have learned the entrance education programs may be added to classes and arranged for extra learning, supplementary knowledge, and document reading to keep up with the progress and schedule of classes, or they may attend later classes.

Regarding inmates whose remaining time of serving their sentences is less than 6 months and inmates in separate prison cells, Directors of detention facilities shall arrange appropriate dissemination and learning schedules in combination with inmates’ document reading and preparation of learning outcome reports. Where the number of inmates is insufficient to organize classes, Directors of detention facilities shall arrange learning and dissemination schedules and let inmates read documents and write learning outcome reports in the last month of the quarter according to the period for grading compliance with imprisonment sentences.

c) The stage when inmates are about to complete their imprisonment sentences

Inmates who are about to complete their imprisonment sentences (including inmates eligible for requesting amnesties as appraised by inter-sectoral appraisal teams of amnesty counseling councils; inmates eligible for applying for parole at Courts or inmates who have applied for full reduction of the remaining time of serving imprisonment sentences at Courts) shall learn the policies and laws on community reintegration; basic contents of the Law on Residence, Law on Citizen Identification, Law on Roads, Law on Waterways, Law on Cybersecurity, Law on Administrative Violation Handling; regulations on recidivism, dangerous recidivism, and conviction expungement; regulations on protection security and order, criminal prevention and combat, and social evils; ethical values and life skills.

Aside from the mentioned contents, regarding inmates who have applied for parole at Courts, detention facilities shall organize the dissemination and learning of regulations on rights and obligations of persons on parole; regarding inmates eligible for requesting amnesties as appraised by inter-sectoral appraisal teams of amnesty counseling councils, detention facilities shall organize the dissemination and learning of regulations on rights and obligations of persons with granted amnesties.

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2. Detention facilities shall develop programs, plans, contents, times, and locations of learning and dissemination of laws and civic education for inmates; each learning session shall last 4 hours. Where classes cannot be organized due to objective conditions, inmates shall be instructed to study, read books/documents, and write reports for inspection and assessment of learning outcomes. Female inmates in separate prison departments shall have separate learning sessions. Where they are imprisoned in the same prison department as male inmates, Directors of detention facilities shall, based on specific conditions, decide on combined or separate learning while preventing violations of their internal regulations. Regarding inmates with multiple previous convictions and offenses or who committed especially serious crimes or other inmates deemed necessary to organize meetings and special education, detention facilities shall prepare plans to propose appropriate measures and forms of educational impacts; regarding inmates who have not completed their civil responsibilities, it is necessary to provide education and dissemination for them to volunteer and actively complete such responsibilities for eligibility for the State’s policies on humanity and clemency.

3. Foreign inmates shall receive dissemination of the law of the State of Vietnam concerning their rights and obligations while serving their sentences; international treaties concerning rights and obligations of inmates to which Vietnam and the country of their nationality are signatories, and bilateral agreements between Vietnam and the country of their nationality concerning criminal judgment enforcement. Depending on foreign inmates' understanding of Vietnamese, they may receive education and dissemination in Vietnamese, English, or translated documents for learning and study. Foreign inmates are encouraged to learn Vietnamese to study and learn programs and contents concerning law dissemination and civic education as other inmates. Learning contents and documents concerning civic education and law dissemination may be translated into English or the language of the country of inmates’ nationality.

4. Regarding cultural teaching, law dissemination, and civic education for deaf, blind, mute inmates, female inmates who are pregnant, on maternity leave, raising children, and suffering from sickness and diseases regularly or have physical and mental handicaps, Directors of detention facilities shall make decisions for each case.

5. Detention facilities shall organize the popularization, education, and dissemination of information for inmates regarding guidelines and directions of the CPV and policies and laws of the State concerning achievements in economic, cultural, and social development and historical, political, economic, and social events on the occasion of major holidays in the year of Vietnam and provinces. Detention facilities shall organize the popularization, dissemination, and education of laws and launch emulation movements of compliance with imprisonment sentences among inmates in service of the requirements and tasks of inmate management and education and support for community reintegration.

6. Learning programs for inmates are prescribed in the Appendix enclosed herewith.

7. Learning documents for inmates shall be compiled by criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam and the Ministry of National Defense of Vietnam.

Article 13. Cultural education for inmates

1. Detention facilities shall teach the illiteracy elimination program to illiterate or re-illiterate inmates. Regarding inmates under 18 years old who are illiterate or have yet to complete the primary education program, the universalization of primary education is compulsory; regarding inmates under 18 years old who have yet to complete the lower secondary education program, detention facilities shall, based on inmates’ records and school books, organize the continuing education program at the lower secondary level in conformity with their conditions. Inmates are encouraged to self-learn culture, and foreign inmates and inmates who are people of ethnic groups are encouraged to study and learn Vietnamese (if they do not know Vietnamese). Regarding inmates engaging in cultural education but have finished serving their imprisonment sentences, they may reserve their learning results to continue learning at educational institutions in the national education system.

2. Depending on specific programs, the textbooks and teaching and learning materials shall be used in conformity with the guidelines of the Ministry of Education and Training of Vietnam. The cultural education time of inmates shall be at least 2 sessions/week, each session lasting 4 hours, under the deciding jurisdiction of the Directors of detention facilities, excluding Sundays, public holidays, and Tet holidays. Detention facilities shall organize cultural classes for inmates and teach Vietnamese speaking to inmates incapable of speaking Vietnamese (common language). Directors of detention facilities shall, based on actual situations and the cognitive capacity of inmates, decide on the forms, times, and methods of teaching appropriately. The State encourages the inmates’ families, agencies, organizations, and individuals to provide textbooks, notebooks, materials, learning utensils, books, newspapers, and tools for gymnastics, sports, culture, art performances, and entertainment for inmates in compliance with the law.

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4. Departments and Divisions of Education and Training where there are detention facilities shall cooperate in implementing cultural education for inmates and directing educational institutions to assign teachers to provide cultural education for inmates; manage and direct the inspection and assessment of the educational results according to the regulations of the Ministry of Education and Training of Vietnam for inmates; organize professional advanced training in pedagogy for officials and officers providing cultural education for inmates. Detention facilities shall arrange conference rooms or classrooms and ensure the teaching and learning conditions for learners who are inmates.

Article 14. Benefits for officials engaging in teaching

1. Teachers, officials, and officers providing vocational education, civic education, and law dissemination and popularization and members of councils for recognition of completion of programs on illiteracy elimination, primary education popularization, and lower secondary graduation exams for inmates shall receive special environment benefits. Expenditures on benefits for 1 session (4 hours) shall equal 0,25 times the base salary.

2. Officials managing and directly engaging in education, vocational education, law education, and civic education of detention facilities with good achievements shall be honored and awarded honorary titles of the State as prescribed by the law.

Article 15. Vocational education for inmates

1. Prisons shall, based on the capacity, cultural qualifications, health, gender of inmates, labor market, specific conditions, and capacity for cooperating with organizations and individuals, organize the teaching of common and basic professions or vocational advanced training for inmates. Prisons shall cooperate with vocational education facilities or centers (with juridical personality as per the law) in organizing vocational education, vocational skill improvement, and vocational skill teaching for inmates.

2. Inmates under 18 years old, inmates within the age range of 18 to 30 years old without any profession, and inmates serving imprisonment sentences of less than 5 years who are about to finish serving their sentences shall be prioritized for vocational education and vocational skill improvement. Each inmate may learn 1 profession.

3. Vocational education plans and programs for inmates.

a) Prisons shall, based on the targets of capital sources and annual plans, develop vocational education plans and send them to the criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam (regarding prisons under the management of the Ministry of Public Security of Vietnam) or the criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam) for approval. A vocational education plan includes legal grounds, training professions, number of classes and inmates, organization location, training form, level, expected training time, vocational education funding estimates, and capital sources. An inmate engaging in vocational education shall receive elementary-level training or continuing training;

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c) Continuing vocational education programs for inmates: an inmate shall receive vocational education in the form of vocational skill teaching, vocational mentoring, and vocational apprenticeship for 100 to under 300 hours; the time of a course is less than 3 months. Continuing training programs shall ensure that learners have the capacity to carry out work of their profession and increase productivity, and learners who have completed the programs can carry out basic work and one or several parts of the work of a profession and have the knowledge of labor safety and hygiene;

d) Vocational training programs and contents shall be appraised by appraisal councils for training programs and approved and issued by heads of training facilities.

4. Criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam and the Ministry of National Defense of Vietnam shall, based on actual conditions and the labor market, stipulate the training professions for inmates.

Section 3. ORGANIZING LABOR ACTIVITIES FOR INMATES AND USING INMATES’ LABOR RESULTS

Article 16. Approval and implementation of annual plans to organize labor activities

1. Labor benefits for inmates

Inmates, while serving imprisonment sentences, are obligated to engage in labor activities to be educated and become useful citizens for society; superintendents of prisons shall arrange labor activities for inmates appropriate for their age, health, gender, sentence, and nature and severity of their crimes, meeting the requirements for the management, detention, and education of inmates.

b) Inmates shall engage in labor activities under the supervision and management of prison authorities. The labor time of inmates shall be up to 8 hours/day and 5 days/week, with Sundays, public holidays, and Tet holidays as days off. In irregular cases or upon labor or vocational education requirements, superintendents of prisons may request inmates to work extra, up to the total hours of extra work in a day prescribed by the labor law and no more than 2 hours/day, 30 hours/month, and 200 hours/year. Inmates working extra or working on Saturdays or Sundays are given compensatory days off or compensation in cash or kind;

b) Arduous and hazardous work according to the list prescribed by the law shall not be arranged for cases of male inmates of 60 years old or older, inmates under 18 years old, female inmates, and inmates deemed unhealthy by health departments of prisons (sick or physically or mentally handicapped);

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2. Organization and management of labor and vocational education zones for inmates

a) Superintendents shall, based on actual conditions of prisons, Clause 1 Article 15 of this Decree, and the needs and capacity for cooperating with organizations and individuals prescribed n Clause 1 Article 33 of the Law on Criminal Judgment Enforcement, prepare and present statements, plans, and projects on cooperation in labor and vocational education for inmates at labor and vocational education zones for inmates according to Point b Clause 2 Article 6 of this Decree to Directors of the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools of the Ministry of Public Security of Vietnam (regarding prisons under the management of the Ministry of Public Security of Vietnam), Directors of criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam), Directors of military zone-level criminal judgment enforcement agencies (regarding prisons under the management of military zones) for assessment, appraisal, approval, and establishment before organizing labor and vocational education for inmates;

b) Labor and vocational education zones under organizations’ or individuals’ investment and cooperation shall ensure the conditions for managing, organizing labor activities, vocational education, daily living, and supervising the security and safety of the detention of inmates and comply with the guidelines and approval of Directors of criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam (regarding prisons under the management of the Ministry of Public Security of Vietnam) or Directors of criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam); cooperating organizations or individuals shall hand over labor and vocational education zones to prison authorities for management and use during the cooperation period. Cooperating organizations and individuals shall provide guidelines, vocational education, and vocational skill teaching and arrange labor professions, ensuring labor conditions and safety for inmates engaging in labor and vocational education according to the law. Cooperating organizations and individuals shall pay the values of inmates’ labor to prison authorities and the costs concerning the organization of labor and vocational education during the cooperation period according to the law;

c) Inmates engaging in labor and vocational education at labor and vocational education zones organized by cooperating organizations or individuals shall have applications for voluntary participation in labor and vocational education, selected under inmate classification and standards. Prison authorities shall directly supervise, manage, and organize labor and vocational education for inmates according to the law and comply with Clause 1 of this Article;

d) Prison authorities shall directly manage, organize, and arrange for inmates to participate in labor and vocational education at labor and vocational education zones under the cooperation of organizations or individuals according to the law, ensure labor benefits, daily living, and rights of inmates, and organize the management and use of funding from the labor results of inmates at labor and vocational education zones according to Article 17 of this Decree.

3. Formulation of annual plans for labor and vocational education

Superintendents shall, based on specific conditions of the prisons and Clause 1 Article 15 of this Decree, formulate and send plans to organize labor and vocational education for inmates to the criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam (regarding prisons under the management of the Ministry of Public Security of Vietnam) or the criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam) before August 15 every year for appraisal and approval. Director of the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools of the Ministry of Public Security of Vietnam, Directors of the criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam, Directors of military zone-level criminal judgment enforcement agencies shall assess and approve prisons’ annual plans to organize labor activities. An annual plan to organize labor activities for inmates shall have the following basic contents:

a) Total number of inmates, including the inmates eligible for engaging in labor activities according to the law;

b) Expected costs of labor and vocational education; depreciation of fixed assets;

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d) Expected and proposed plans to use the results of inmates’ labor and vocational education according to Article 17 of this Decree.

4. Implementation of annual plans for labor and vocational education

a) After the plans for labor and vocational education are approved by competent authorities, superintendents shall, based on specific conditions of the prisons and capacity for cooperating with organizations and individuals, and inmates’ qualification, gender, health, sentence, and classification, organize labor and vocational education for inmates;

b) While organizing labor and vocational education for inmates, if there is force majeure, such as natural disasters, fire, or epidemics, making prison authorities unable to complete the assigned plan targets, superintendents shall submit written reports to the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools of the Ministry of Public Security of Vietnam (regarding prisons under the management of the Ministry of Public Security of Vietnam), the criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam), the military zone-level criminal judgment enforcement agencies (regarding prisons under the management of military zones) to request for appraisal and approval for adjustments to plans to organize labor activities for inmates.

5. Development of inmates’ labor targets and norms

Superintendents shall, based on the law, local geographical and natural conditions where detention facilities are based, situations of natural disasters or epidemics, and inmates’ age and health, propose and present labor targets and norms for inmates to the Director of the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools of the Ministry of Public Security of Vietnam (regarding prisons under the management of the Ministry of Public Security of Vietnam) or Director of the Criminal Investigation Department of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam) for assessment, appraisal, and approval before implementation; transfer, manage, and use the funding from inmates’ labor results in compliance with this Article and relevant legislative documents.

6. Accounting and recording of expenditures and revenues from organizing labor and vocational education for inmates

a) Prison authorities shall establish systems of accounting books and ensure that the settlement of arising financial revenues and expenditures and financial statements comply with public administrative accounting regulations. Any revenue and expenditure concerning labor and vocational education for inmates shall be reflected through the systems of accounting books of prisons;

b) Prison authorities shall adequately record the reasonable costs during the organization of labor and vocational education for inmates to the prime cost of products; the reasonable costs during the organization of labor and vocational education include: costs of materials and supplies; costs of outsourcing services (if any); costs of electricity and water; costs of extra meals for arduous and hazardous labor activities outside of the standard meal costs covered by the state budget (15% compared to the standard rations per day as provided for arduous and hazardous labor activities by the state budget according to the law); allowances for inmates working extra or working on Saturdays, Sundays, or on days off; depreciation of fixed assets in service of the labor and vocational education; management costs and other costs directly serving inmates’ labor and vocational education.

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7. Formulation of and approval for statements of expenditures and revenues from inmates’ labor and vocational education

a) Statements of expenditures and revenues from inmates’ labor and vocational education in prisons refer to general reports on the figures, situations, and results of expenditures and revenues from inmates’ labor and vocational education. Superintendents shall prepare and send general reports and detailed presentation statements of expenditures and revenues in the same reporting period for annual reports on budget settlement to the criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam (regarding prisons under the management of the Ministry of Public Security of Vietnam), the criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam), or the military zone-level criminal judgment enforcement agencies (regarding prisons under the management of military zones);

b) The Director of the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools of the Ministry of Public Security of Vietnam, Directors of the criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam, Directors of the military zone-level criminal judgment enforcement agencies shall appraise and approve statements of expenditures and revenues from organizing labor and vocational education for inmates and submit reports to the financial management agencies of the Ministry of Public Security of Vietnam, Ministry of National Defense of Vietnam, and military zones for inclusion in the annual reports on the budget settlement of the Ministry of Public Security of Vietnam and the Ministry of National Defense of Vietnam according to the law.

Article 17. Use of inmates’ results of labor and vocational education

Inmates’ labor results – the surplus between revenues and expenditures from organizing labor and vocational education for inmates after deducting the reasonable costs prescribed in Point b Clause 5 of this Article - shall be used as follows:

1. Use of inmates’ results of labor and vocational education within the assigned targets and norms

a) 14% of the surplus shall be allocated to make additions to inmates’ rations

Superintendents shall, based on the allocated amount, decide on additions to inmates’ rations, up to 1/6 of the monthly standard ration prescribed by the law for each inmate;

Inmates working extra or working on days off shall receive rations 2 times the standard ration of normal days (including 1 standard ration for normal days ensured by the state budget) for each inmate. Inmates may make deposits of the unused additional rations to use in daily living, pay court fees, fulfill civil obligations, pay fines, or receive them after serving their sentences;

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b) Allocate 2% to establish Community Integration Funds for expenditures on counseling and support for inmates after they have served their sentences. Prison authorities shall carry out support activities and organize civic education, law education, counseling, employment contact, and other activities concerning community re-integration for inmates; provide 1 set of clothes for inmates who have served their sentences without any clothes to wear for return to their residence, up to 20 times the standard rations on normal days of inmates.

c) Allocate 10% to pay parts of the labor merits to inmates engaging in labor. Inmates shall have parts of their labor merits paid according to the period for quarterly grading. The norms of payment of parts of inmates’ labor merits shall be calculated by the total balance at the start of a quarter and the number of allocations made in the quarter divided by the total numbers entitled for partial payment of their labor merits. Inmates engaging in labor shall have parts of their labor merits paid as follows: inmates graded “good” shall be entitled to 100% of the norms, inmates graded “fair” shall be entitled to 90% of the norms, inmates graded “average” shall be entitled to 80% of the norms, and inmates graded “poor” shall be entitled to 50% of the norms. Where newly arrived inmates’ time is insufficient for quarterly grading, but they have monthly grading results in the quarter, use the norms of payment for parts of inmates’ labor merits in the quarter and divide it by three to determine the amounts payable to parts of inmates’ labor merits and multiply it by the number of months with grading results. Where inmates have served their sentences but the period for quarterly grading has yet to arrive, apply the results of the norms of payment for parts of inmates’ labor merits of the preceding quarter divided by three to determine the amounts payable to parts of inmates’ labor merits by months and multiply it by the number of months when grading results.

d) Allocate 2 % to make expenditures on support for inmates suffering from labor accidents. Expenditures on support shall be decided by superintendents, up to 5 times the ration for each inmate in a month at the time of the accident. At the end of the year, if the allocation is not used up, superintendents shall submit reports to the Director of the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools (regarding prisons under the management of the Ministry of Public Security of Vietnam) or the Director of the Criminal Investigation Department of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam) for assessment and procurement of equipment not prescribed in Point e Clause 1 of this Article in service of labor safety and hygiene.

dd) Allocate 27% to make additions to prisons’ welfare and commendation funds, specifically:

Use 16% to make additions to prisons’ welfare funds to provide support for inmates in organizing activities of culture, art performances, gymnastics, and sports; provide support for inmates when they are sick, facing risks, or receiving treatment at medical examination and treatment establishments, up to 5 times the norms of payment for parts of inmates’ labor merits in the related quarter once a year; provide support for officials and officers of prisons suffering from difficult circumstances, sickness, risks, or labor accidents or receiving treatment at health facilities, up to 2 months of the average salary by ranks among units once a year; organize activities of culture, art performances, sports, and gymnastics for officials and officers and provide support for other prisons’ welfare activities.

Use 9% to make additions to prisons’ commendation funds to award inmates with outstanding achievements while serving their sentences, up to 2.000.000 VND/award/inmate; award inmates with labor and vocational education achievements (labor results exceed the targets or norms), up to 1/2 of the values of labor days exceeding the targets or norms; award or make award contracts with officials and officers of prisons with achievements in the management and organization of labor, education, and vocational education for inmates; the total expenditures on general awards for officials and officers shall not exceed 2 months of salaries by ranks of units.

Transfer 2% to the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools (regarding prisons under the management of the Ministry of Public Security of Vietnam) or the Criminal Investigation Department of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam) for use as support funds for management, final review, preliminary review, training, conference, seminar, sports festival, performance, and international cooperation.

e) Allocate 45% for expenditures on reinvestment in prisons in service of the organization of labor, education, and vocational education for inmates; improvement of vocational skills for inmates who are about to finish serving their imprisonment sentences, specifically:

Use 35% to create the general capital sources for reinvestment in prisons in service of education, labor, and vocational education, procurement of equipment, instruments, and tools, and construction of facilities. The mentioned allocation shall be transferred to the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools (regarding prisons under the management of the Ministry of Public Security of Vietnam) or the Criminal Investigation Department of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam) for development of plans for general distribution. Annually, based on prisons’ needs for investment in or procurement of labor equipment, instruments, and tools and construction of facilities, the Director of the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools (regarding prisons under the management of the Ministry of Public Security of Vietnam) or the Director of the Criminal Investigation Department of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam) shall approve investment plans and categories valued under 5 billion VND; take charge and cooperate with financial agencies of the same level in appraising and resting leaders of the Ministry of Public Security of Vietnam and the Ministry of National Defense of Vietnam to consider approving investment plans and categories valued more than 5 billion VND. The management, use, payment, and settlement of retained funding for investment in projects and plans for investment in and procurement of labor equipment, instruments, and tools and construction of facilities for prisons approved by competent authorities shall comply with the law.

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2. Use of inmates’ results of labor and vocational education exceeding the assigned targets and norms

a) Allocate 50% for direct payment to inmates engaging in labor and vocational education exceeding the assigned targets and norms.

b) Allocate 50% to make additions to prisons’ welfare funds to implement Point dd Clause 1 of this Article.

3. Inmates may make deposits of their awards, payments for parts of labor merits, and results exceeding the assigned targets and norms for use or receipt after they have served their imprisonment sentences.

4. Inmates’ labor and vocational education results and other activities serving the requirements for management, detention, and canteens serving inmates’ daily living after the deduction of reasonable costs shall not be subject to corporate income tax and value-added tax.

Section 4. GRADING OF INMATES' COMPLIANCE WITH IMPRISONMENT SENTENCES

Article 18. Periodic grading of compliance with imprisonment sentences

1. Inmates serving imprisonment sentences shall be subject to comments on and assessments of compliance with imprisonment sentences by weeks, months, quarters, 6 months, and 1 year. Detention facilities shall, based on the comments and assessments, carry out monthly, quarterly, biannual, and annual grading of compliance with imprisonment sentences (hereinafter referred to as “grading”) as follows:

a) Inmates shall receive comments on and assessments of their compliance with imprisonment sentences every week. The commenting and assessing time starts from Saturday of the previous week to Friday of the following week;

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c) Inmates who have been graded for 2 months or more in 1 quarter shall be subject to quarterly grading. The grading of the first quarter is from December 1 of the previous year to the last day of February of the following year; the grading of the second quarter is from March 1 to May 31; the grading of the third quarter is from June 1 to August 31; the grading of the fourth quarter is from September 1 to November 30;

d) Inmates who have been graded for 4 months or more within 6 months shall be subject to biannual grading. Biannual grading time is from December 1 of the previous year to May 31 of the following year and from June 1 to November 11 of such year;

dd) Inmates who have been graded for 10 months or more within 1 year shall be subject to annual grading. Annual grading time is from December 1 of the previous year to November 30 of the following year;

e) Wardens shall hold meetings of inmate teams to provide comments on and assessments of compliance with imprisonment sentences every Friday; meetings for providing comments, assessments, and monthly, quarterly, biannual, and annual grading on the last day of the grading period; where such day is a day off, public holiday, or Tet holiday, meetings shall be held in the following first working day.

2. The grading time is from the date of formulation of records of receipt of inmates to prisons or prison departments of detention centers or jail cells of custody houses designated for execution of imprisonment sentences.

3. Each prison department of a prison shall establish a grading sub-department for inmates’ compliance with imprisonment sentences for meetings on monthly, quarterly, biannual, and annual grading for inmates; prison authorities shall establish grading councils for compliance with imprisonment sentences for meetings on quarterly, biannual, and annual grading for inmates. Detention centers and criminal judgment enforcement agencies of district-level public security authorities shall establish grading councils for compliance with imprisonment sentences for meetings on monthly, quarterly, biannual, and annual grading for inmates. Inmates with meritorious contributions shall be considered for an increase in their grade of compliance with imprisonment sentences. Where inmates have complaints on the grading, within 5 working days from the receipt of applications, Directors of detention facilities shall issue written responses to inmates.

4. Decisions on quarterly, biannual, and annual grading and self-reviews of inmates shall be recorded in inmate records. Directors of detention facilities shall publicly notify the results of the quarterly, biannual, and annual grading to inmates; notify compliance with imprisonment sentences and the biannual and annual grading to inmates’ relatives or legal representatives.

Article 19. Emulation standards of grading of compliance with imprisonment sentences

Comment, assessment, and decision on results of the grading of compliance with imprisonment sentences for each inmate shall be based on the following standards:

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2. Strictly complying with the law, Courts’ judgments and decisions, and internal regulations of detention facilities; actively preventing and combating wrongdoings; implementing a disciplined, orderly, and civilized lifestyle; refraining from having negative attitudes, words, or actions, causing division, disunity, and negative influence on others.

3. Being active, voluntary, and exemplary in labor and participation and adequately participating in working days and working in a disciplined, productive, and quality manner to complete labor targets and norms; implementing requirements for labor safety and hygiene and environmental protection; voluntarily participating in promoting emulation movements among inmates.

4. Being active and voluntary in learning, training, and cultivating morality; respecting the life, health, honor, dignity, and assets of themselves and others; helping other inmates to train, learn, and strive to become persons useful to society.

Article 20. “Good” grade of compliance with imprisonment sentences

1. Inmates who adequately implement emulation standards of compliance with imprisonment sentences prescribed in Article 19 shall be graded “good” as follows:

a) Regarding the standards prescribed in Clause 1 Article 19

Acknowledging crimes means inmates have a serious attitude toward and adequate awareness of the nature, severity, and consequences of their crimes and honestly provide statements of their crimes;

Repenting crimes means inmates have deep remorse for their crimes, believe in criminal policies and laws on humanity and clemency of the State; uphold the awareness, responsibility, and determination to remedy the consequences of their crimes, comply with internal regulations of detention facilities, actively work and learn to become persons useful to society;

Providing honest statements and denunciations of crimes means inmates provide information on others’ criminal matters and behaviors for competent authorities whether such persons are arrested, serving imprisonment sentences, or in society;

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b) Regarding the standards prescribed in Clause 2 Article 19

Inmates shall strictly comply with laws, Courts’ judgments and decisions, and internal regulations of detention facilities; actively prevent and combat signs of negativity, negative attitudes, and wrongdoings of other inmates; implement a disciplined, orderly, and civilized lifestyle and carry out cultural communication and behaviors; refrain from having attitudes or words that falsify the truth and engaging in negative actions that cause division, disunity, and negative influence on others.

c) Regarding the standards prescribed in Clause 3 Article 19

Inmates shall have a high sense of responsibility, are voluntary and active in labor and vocational education, strictly comply with the assignment of officials; adequately participate in days when detention facilities organize labor activities for inmates (excluding cases of unexpected sickness of up to 4 days in 1 month or cases where inmates cannot participate in labor activities due to other objective or reasonable causes); ensure quality and effective labor and strictly comply with discipline and labor safety and hygiene; receive praises from wardens during meetings or living activities of inmate teams.

d) Regarding the standards prescribed in Clause 4 Article 19

Inmates shall always uphold the awareness and sense of responsibility and be voluntary and active in participation in learning and emulation movements of compliance with imprisonment sentences organized by detention facilities; proactively train themselves, cultivate morality, and strive to become persons useful to society; respect the honor, life, health, dignity, and assets of themselves and others; care, encourage, and help other inmates in labor, learning, training, and daily living to become persons useful to society.

2. Periodic comments and assessments and “good” grading

a) Periodic comments on and assessments of compliance with imprisonment sentences by weeks

Inmates with “good” grades of compliance with imprisonment sentences for every day of a week shall receive “good” comments and assessments for such week.

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Inmates shall be graded “good” in one of the following cases: inmates have at least 21 days with “good” comments on and assessments of compliance with imprisonment sentences, with the 7 last days of the month receiving “good” comments and assessments and the other days receiving at least “fair” comments on and assessments of compliance with imprisonment sentences; inmates with only 21 days of serving their sentences in a month have “good” comments on and assessments of compliance with imprisonment sentences for such 21 days.

c) Quarterly grading

Inmates shall be graded “good” in one of the following cases: inmates have 3 months graded “good”; 2 months graded “good” grades and 1 month graded “fair” (without any week in the month graded “fair” receiving “average” comments and assessments) with the last month of the quarter graded “good”; regarding inmates who are only eligible for grading of 2 months in a quarter, such 2 months must be graded “good” (without any week receiving “fair” comments and assessments).

Inmates with previous convictions shall undergo monitoring and challenging periods and not be immediately graded “good”, excluding cases where they provide meritorious contributions (inmates with 1 previous conviction shall not be graded “good” in the first quarter, inmates with 2 previous convictions shall not be graded “good” in the first 2 quarters, and inmates with 3 previous convictions shall not be graded “good” in the first 4 quarters).

d) Biannual grading

Inmates shall be graded “good” in one of the following cases: inmates have 2 quarters graded “good”; inmates have the first quarter graded “fair” (without any week receiving “average” comments and assessments) and the second quarter graded “good” while ensuring at least 4 months within such 6 months of the 2 quarters are graded “good”; regarding inmates only eligible for grading of 4 months, such months must be graded “good”.

dd) Annual grading:

Inmates shall be graded “good” in one of the following cases: inmates have the first 6 months and the last 6 months of the year graded “good”; have the first 6 months of the year graded “fair” (without any month graded “average”) and the last 6 months of the year graded “good” (third and fourth quarters graded “good”) while ensuring at least 8 months in the year are graded “good”.

e) Regarding quarterly and biannual grading, “good” grades shall only apply to inmates graded at least “fair” in the preceding quarterly or biannual grading period, excluding cases where inmates have meritorious contributions or are just eligible for quarterly or biannual grading.

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1. Inmates shall be graded “fair” when:

a) They have adequately implemented the standards prescribed in Clauses 2 and 4 Article 19 of this Decree;

b) They have adequately implemented the standards prescribed in Clause 1 of Article 19. Regarding the standards concerning active remedy for consequences that are not adequately implemented or are only partially implemented according to one of the following cases:

Inmates have paid at least half of the total enforced amount (including fines, compensations for damage or other civil obligations, or court fees) with receipts, invoices, or certificates as proof or written confirmations of civil judgment enforcement agencies while preparing written commitments to continue the enforcement when they are capable confirmed by the Directors of detention facilities. Regarding Courts’ decisions or judgments on the confiscation of money or freezing of accounts to ensure judgment enforcement, if the amount is equal to or larger than half of the enforced amount or there are assets under distraint to ensure judgment enforcement whose values are equal to or larger than the enforced amount as confirmed by the civil judgment enforcement agencies accepting cases, inmates shall be considered to have implemented at least half of the enforced amount. Where inmates have money, assets, or eligibility for judgment enforcement but fail to volunteer to carry out the execution, they shall not be considered active in remedying the consequences.

Inmates have not paid or have paid less than half of the total enforced amount but fall into the following cases: having written statements on extremely disadvantaged family circumstances confirmed as true by commune-level People’s Committees where inmates reside; having documents determining that inmates’ families are poor or near-poor households. In the mentioned cases, inmates shall prepare written commitments to continue the enforcement when they are capable, confirmed by the Directors of detention facilities.

Inmates with extremely disadvantaged family circumstances confirmed as true by commune-level People’s Committees who wish to carry out multiple payments at detention facilities or civil judgment enforcement agencies shall prepare written commitments displaying the amount of each payment (the amount of each payment shall at least be equal to the enforced amount divided by the years of imprisonment of inmates or 30 years in case of life sentences; in case of quarterly or biannual commitments, the enforced amount shall be divided respectively according to the number of years) and the payment shall be made in the first month of the period committed to payment as confirmed by the Directors of detention facilities. Where inmates fail to comply with their commitments, they shall not be considered active in remedying the consequences.

Regarding inmates who have yet to pay fines, compensations for damage or other civil obligations, or court fees and fail to contact their relatives after 1 month from their arrival at detention facilities, they shall prepare statements on their circumstances (once a month during the monthly grading) and commit to pay the mentioned amounts when they are capable, confirmed by the Directors of detention facilities. Where inmates successfully contact their relatives after 1 month, comply with this Point.

Where inmates subject to decisions of civil judgment enforcement agencies accepting cases are incapable of judgment enforcement, they shall prepare written commitments to carry out the judgment enforcement when capable, confirmed by the Directors of detention facilities.

Any inmate prescribed in this Point with a monthly total deposit of more than 3 times the monthly ration issued by the State to inmates shall voluntarily use the excess amount for judgment enforcement. Where inmates fail to carry out the judgment enforcement, they shall not be considered active in remedying the consequences (excluding inmates suffering from sickness and receiving treatment or regularly suffering from sickness; inmates who are wounded or sick soldiers; inmates who have disabilities or physical or mental handicaps; female inmates who are pregnant or on maternity leave; inmates with children in prisons; inmates who are elderly (70 years old or older for males and 65 years old or older for females).

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Inmates of foreign nationalities who have yet to pay fines, compensations for damage or other civil obligations, or court fees shall write letters to request their relatives to remedy the consequences. Detention facilities shall send inmates’ letters to the Police Bureau for Managing Prisons, Compulsory Education Institutions, and Reform Schools of the Ministry of Public Security of Vietnam (regarding prisons under the management of the Ministry of Public Security of Vietnam) or the Criminal Investigation Department of the Ministry of National Defense of Vietnam (regarding prisons under the management of the Ministry of National Defense of Vietnam) for transfer to diplomatic missions or consulates of countries of inmates’ nationalities or representative agencies of international organizations in Vietnam for cooperation in handling. While waiting for handling, inmates shall be considered active in remedying the consequences.

c) They have yet to adequately implement the standards prescribed in Clause 3 of Article 19 due to restriction of labor capacity or exemption or reduction of labor norms, including cases where inmates are suffering from sickness and receiving treatment or regularly suffering from sickness; inmates who are wounded or sick soldiers; inmates with disabilities or physical or mental handicaps; female inmates who are pregnant or on maternity leave; inmates with children in prisons; inmates who are elderly (70 years old or older for males and 65 years old or older for females).

2. Periodic comments and assessments and “fair” grading

Inmates shall be graded “fair” when they do not fall into cases eligible for “good” grades prescribed in Article 20 of this Decree.

a) Periodic comments on and assessments of compliance with imprisonment sentences by weeks:

Inmates with “fair” or higher grades of compliance with imprisonment sentences for every day of a week shall receive “fair” comments and assessments for such week.

b) Monthly grading

Inmates shall be graded “fair” in one of the following cases: inmates have at least 21 days with “fair” or higher comments on and assessments of compliance with imprisonment sentences, with the 7 last days of the month receiving “fair” or higher comments and assessments and the other days are not graded “poor”; inmates with only 21 days of serving their sentences in a month have “fair” or higher comments on and assessments of compliance with imprisonment sentences for such 21 days.

c) Quarterly grading

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d) Biannual grading

Inmates shall be graded “fair” in one of the following cases: inmates have 2 quarters graded “fair” or higher; inmates have the first quarter graded “average” (without any week receiving “poor” comments and assessments) and the second quarter graded “fair” or higher while ensuring at least 4 months within such 6 months of the 2 quarters are graded “fair” or higher; regarding inmates only eligible for grading of 4 months, such months must be graded “fair” or higher (without any week receiving “average” comments and assessments).

dd) Annual grading

Inmates shall be graded “fair” in one of the following cases: inmates have the first 6 months and the last 6 months of the year graded “fair” or higher; have the first 6 months of the year graded “average” (without any month graded “poor”) and the last 6 months of the year graded “fair” or higher (third and fourth quarters graded “fair” or higher) while ensuring at least 8 months in the year are graded “fair” or higher.

e) Regarding quarterly and biannual grading, “fair” grades shall only apply to inmates graded at least “average” in the preceding quarterly or biannual grading period, excluding cases where inmates have meritorious contributions or are just eligible for quarterly or biannual grading.

Article 22. “Average” grade of compliance with imprisonment sentences

1. Inmates shall be graded “average” when they fall into one of the following cases: inmates are not subject to cases eligible for “good” or “fair” grades prescribed in Articles 20 and 21 of this Decree; inmates suspended from serving imprisonment sentences, convicted persons on bail, or persons with postponed sentences who fail to be present at criminal judgment enforcement agencies of district-level Public Security Authorities or military zone-level criminal judgment enforcement agencies after the prescribed period and are escorted for judgment enforcement; inmates subject to disciplinary actions or separate detention due to regular violations of internal regulations of detention facilities who are recognized to have made progress (where inmates who are recognized to have made progress still fall into the remaining cases prescribed in Article 23 of this Decree, they shall be graded “poor”).

2. Periodic comments and assessments and “average” grading

a) Periodic comments on and assessments of compliance with imprisonment sentences by weeks

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b) Monthly grading

Inmates shall be graded “average” in one of the following cases: inmates have at least 21 days with “average” or higher comments and assessments, with the 7 last days of the month not receiving “poor” comments and assessments; inmates with only 21 days of serving their sentences in a month have “average” or higher comments on and assessments of compliance with imprisonment sentences for such 21 days.

Inmates subject to disciplinary actions or separate detention due to regular violations of internal regulations of detention facilities who are recognized to have made progress shall have at least 3 months following the month with decisions on recognition of progress graded “average”; inmates failing into cases prescribed in Clauses 3, 4, 5, 6, 7, 8, 9, and 10 Article 23 of this Decree shall have at least 3 months following the last “poor” quarter graded “average”.

c) Quarterly grading

Inmates shall be graded “average” when they fall into one of the following cases: have 3 months graded “average”; have the first month graded “poor” and the 2 last months of the quarter graded “average” or higher (without any week in the last 2 months receiving “poor” comments and assessments); regarding inmates who are only eligible for grading of 2 months in a quarter, such 2 months must be graded “average” or higher; regarding inmates suspended from serving imprisonment sentences, convicted persons on bail, or persons with postponed sentences who fail to be present at criminal judgment enforcement agencies of district-level Public Security Authorities or military zone-level criminal judgment enforcement agencies after the prescribed period and are escorted for judgment enforcement, their first quarter at detention facilities shall be graded “average”.

d) Biannual grading

Inmates shall be graded “average” in one of the following cases: inmates have 2 quarters graded “average”; inmates have the first quarter graded “poor” and the second quarter graded “average” or higher (without any month in the second quarter graded “poor”); inmates have the first quarter graded “fair” or higher and the second quarter graded “average”; regarding inmates only eligible for grading of 4 months, such months must be graded “average” or higher.

dd) Annual grading

Inmates shall be graded “average” in one of the following cases: inmates have the first 6 months and the last 6 months of the year graded “average”; have the first 6 months of the year graded “fair” or higher and the last 6 months of the year graded “average”; have the first 5 months of the year graded “poor” and the last 6 months of the year graded “average” while ensuring at least 8 months in the year are graded “average” or higher.

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Inmates shall be graded “poor” in one of the following cases:

1. Inmates are not subject to cases eligible for “good”, “fair”, or “average” grades prescribed in Articles 20, 21, and 22 of this Article.

2. Inmates are subject to disciplinary actions or separate detention due to regular violations of internal regulations of detention facilities but have not made any progress.

3. Inmates who commit new crimes while serving their imprisonment sentences shall have their 4 first quarters after their arrival at the designated detention facilities under new judgment enforcement decisions or after detention facilities receive new judgment enforcement decisions graded “poor”.

4. Inmates who commit new crimes while waiting to serve their sentences or during sentence suspension or postponement shall have their 4 first quarters after their arrival at the designated detention facilities under new judgment enforcement decisions graded “poor”.

During sentence suspension or postponement, if inmates commit law violations affecting order and security or commit escapes and have their decisions on suspension or postponement canceled by Courts, they shall have their first 2 quarters after their arrival at detention facilities graded “poor”.

5. Inmates on parole who commit new crimes during the challenge period shall have the first 4 quarters after their return to detention facilities under new judgment enforcement decisions graded “poor”.

Inmates on parole who violate specific obligations during the challenge period and are forced to return to detention facilities to serve the remaining time of their sentences by the Courts shall have their first 2 quarters graded “poor”.

6. Inmates who fail to volunteer to provide statements for detention facilities on their crimes; if such acts are detected and subject to other judgments, such inmates shall have 4 quarters after their arrival at the designated detention facilities under new judgment enforcement decisions or after detention facilities receive new judgment enforcement decisions graded “poor”.

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8. Inmates subject to forced medical treatment who commit escapes or violations of internal regulations of the facilities providing the treatment for 2 times or more shall have 2 quarters after returning to serve their sentences graded “poor”. Where inmates commit new crimes during forced medical treatment, they shall have the first 4 quarters after returning to serve their sentences under new judgment enforcement decisions graded “poor”.

9. Inmates who have received complaint settlement or responses from competent authorities under the law and still deliberately file complaints contrary to the law on Courts’ judgments or decisions or other issues concerning compliance with their sentences shall be graded “poor” until they end their complaints.

10. Inmates who commit crimes while being in custody or jail, subject to residential confinement, exit, bail, surety, or exit restriction according to the Criminal Procedure Code or during suspended sentences or non-custodial rehabilitation shall have the first 2 quarters after their arrival at detention facilities graded “poor”.

Article 24. Grading in case of meritorious contributions

1. Inmates who provide any of the following meritorious contributions shall have their grades increased by one for 4 consecutive quarters from the date Directors of detention facilities sign commendation decisions or from the date such inmates receive commendation decisions from competent state authorities concerning the meritorious contributions, including: saving persons in life-threatening emergencies or assets valued from 50.000.000 VND or more of the State, collectives, or citizens during natural disasters, fire, or accidents; assisting detention facilities in preventing other inmates from resisting, escaping from places of detention, or committing new crimes; assisting competent authorities in detecting, investigating, arresting, and handling criminals; having inventions or initiatives with major values or exceptionally outstanding achievements confirmed by detention facilities or competent authorities.

If inmates are graded “good” within the 4 mentioned quarters, the grade increase may apply to the next 4 quarters. Where inmates are subject to disciplinary actions or commit new crimes after providing meritorious contributions, their grades shall not be increased.

2. Where inmates provide meritorious contributions during the period when there are imprisonment sentence enforcement decisions but they are yet to be brought to detention facilities, such inmates shall be considered to have provided meritorious contributions while serving their imprisonment sentences and be eligible for assessment and grading similar to the case prescribed in Clause 1 of this Article.

Article 25. Grading of inmates being transferred in service of investigation, prosecution, and trial and inmates participating in proceedings as suspects or defendants

1. Regarding inmates being transferred in service of investigation, prosecution, or trial (who are not suspects or defendants), if they have complied with the standards prescribed in Article 19 of this Decree, every month, detention center authorities, criminal judgment enforcement agencies of district-level Public Security Authorities, and military zone-level criminal judgment enforcement agencies carrying out the transfer shall grade inmates’ compliance with imprisonment sentences following this Decree and send the results to the detention facilities that deliver the transferred inmates for them to be recorded in inmate records. After the transfer period, if it is not the monthly grading period, detention center authorities, criminal judgment enforcement agencies of district-level Public Security Authorities, and military zone-level criminal judgment enforcement agencies shall provide and send comments on and assessments of inmates’ compliance with imprisonment sentences during the transfer period to detention facilities that deliver the transferred inmates as grounds for assessments and grading of the month according to this Decree. The grades of compliance with imprisonment sentences or comments and assessments of detention center authorities, criminal judgment enforcement agencies of district-level Public Security Authorities, and military zone-level criminal judgment enforcement agencies shall be considered the continuation of the time of serving sentences at detention facilities.

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3. Regarding inmates subject to reinvestigation or retrial because the Courts’ judgments or decisions they are complying with are canceled under cassation or reopening procedures, their grades while serving the old sentences shall still be reserved.

Article 26. Reassessment of decisions on grades of compliance with imprisonment sentences

Where there are grounds to determine that the inmates’ grading is contrary to the law or upon detection of acts of forging or falsifying records, making inmates’ grading contrary to the law, detention facilities shall assess and cancel all of the results of the improper grading periods and re-grade inmates according to this Decree.

Section 5. HANDLING OF VIOLATING INMATES

Article 27. Handling of Violating Inmates

1. Violating inmates shall be assessed and subject to disciplinary actions in a timely, strict, and lawful manner. Each violation shall be handled with a disciplinary action. If multiple violating inmates are involved in a case, each inmate shall be subject to disciplinary actions for his/her violation. If an inmate commits multiple violations in a case, only one disciplinary action shall be imposed.

2. When imposing disciplinary actions on inmates, it is necessary to consider and assess the nature, severity, consequences, motives, purposes, and reasons for the violations; mitigating or aggravating factors for the disciplinary actions; level of contrition, honest statements, and determination to remedy the violations and the consequences for the imposition of appropriate disciplinary actions. Where disciplinary actions contrary to the law are detected, cancel such actions or change the disciplinary actions for conformity with the nature and severity of the violations.

3. Where inmates have multiple mitigating factors, express contrition, and commit to actively striving to remedy violations or provide meritorious contributions, they shall be considered for disciplinary actions at a lower level.

4. Inmates who receive decisions on transfer to other detention facilities while implementing disciplinary decisions shall continue to implement such decisions. Directors of detention facilities shall issue disciplinary decisions or change or cancel disciplinary decisions via documents and record such decisions, changes, or cancellations in inmate records.

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Inmates with one of the following factors shall be considered for mitigation of disciplinary actions:

1. Inmates commit violations for the first time without causing any major consequence; provide honest statements on their violations and the violations of other inmates; proactively prevent other inmates’ violations; actively remedy the consequences of their violations (if any).

2. Inmates express contrition, acknowledge their violations, voluntarily recognize their shortcomings, and actively accept education and remedy their violations.

3. Inmates commit violations because they are threatened, coerced, forced, incited, or enticed by other inmates or are mentally agitated due to other inmates’ violations or other objective reasons.

4. Inmates provide meritorious contributions or have achievements in emulation movements of compliance with imprisonment sentences or commendation decisions.

5. Inmates who are elderly (70 years old or older for males and 65 years old or older for females); inmates with disabilities or physical or mental handicaps; inmates with serious illness or pain; sick inmates with restricted cognitive and behavioral control; female inmates who are pregnant, on maternity leave, or raising children under 36 months old; inmates under 18 years old.

Article 29. Aggravating factors for disciplinary actions

Violating inmates who have one or more of the following factors shall be considered for aggravation of disciplinary actions:

1. Inmates commit the violations in an organized manner, carry out the role of the culprits, leaders, or initiators, or actively or directly commit the violations; direct, threaten, coerce, force, incite, or entice other inmates to commit violations.

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3. Inmates fail to voluntarily or honestly recognize their mistakes, shortcomings, and violations; provide false statements and deliberately avoid and conceal their violations; prevent the provision of violation evidence and obstruct or act against the investigation and handling of violations; take revenge on denouncers or providers of information, evidence, and objects concerning violations.

4. Inmates fail to accept education or remedy violations or repeat their violations after receiving education, warnings, or disciplinary actions.

5. Inmates take advantage of natural disasters, fire, floods, or other extremely disadvantaged circumstances to commit violations; commit violations against persons under 18 years old or female inmates who are pregnant or on maternity leave; inmates raising children under 12 months old; inmates who are sick, elderly, disabled, or restricted in terms of cognitive or behavioral control.

Article 30. Time limit for imposition of disciplinary actions and implementation of disciplinary decisions

1. Within 3 working days after the detection of a violation, where the case involves multiple inmates or is complicated, requiring time for investigation and verification, the time limit for imposing disciplinary actions shall be extended by up to 7 days. The Director of the detention facility shall consider issuing a disciplinary decision. The disciplinary decision must have a specific effective date and be announced to inmates.

2. Inmates subject to disciplinary actions shall undergo a monitoring and challenging period for recognition of their progress (if any). The monitoring and challenging period starts from the date the disciplinary decision on reprimand or warning comes into force or from the date inmates are released from the disciplinary cells. Regarding a reprimand, the monitoring and challenging period is 1 month; regarding a warning, the monitoring and challenging period is 3 months; regarding detention at disciplinary cells, the monitoring and challenging period is 6 months. If an inmate receives 2 or more disciplinary actions within 12 months from the nearest disciplinary action, the monitoring and challenging period for the following disciplinary actions shall be 13 months (regarding a reprimand), 6 months (regarding a warning), or 12 months (regarding detention at disciplinary cells).

Where an inmate who has yet to make any recognizable progress continues to receive new disciplinary decisions, the monitoring and challenging period is the sum of the remaining time of the monitoring and challenging period of previous disciplinary decisions and the monitoring and challenging period of new disciplinary decisions.

Inmates regularly violating the internal regulations of detention facilities who are detained separately under Point g Clause 2 Article 30 of the Law on Civil Judgment Enforcement shall, after being released from separate detention cells when the monitoring and challenging period of disciplinary actions has yet to be over, continue to implement the remaining time of such period plus 2 more monitoring and challenging months. After the monitoring and challenging period, if inmates have yet to be released from separate detention cells or the date inmates are released from separate detention cells is the date when the monitoring and challenging period is over, they shall be subject to 2 more monitoring and challenging months after being released from separate detention cells. If inmates provide meritorious contributions or receive commendation decisions while being in separate detention cells, they shall be released from such cells and recognized to have made progress.

Regarding inmates who commit new crimes while serving their sentences and have received disciplinary actions for such violations, if the new judgments take legal effect before the monitoring and challenging period is over, they shall not be considered to have made progress and be subject to the grading prescribed in Clause 3 Article 23 of this Decree.

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4. Inmates detained in disciplinary cells shall only carry personal living utensils as per regulation. Disciplinary cells shall be strictly ensured in terms of security, safety, lighting, ventilation, and compliance with the designs of the Ministry of Public Security of Vietnam and the Ministry of National Defense of Vietnam.

5. If inmates detained in disciplinary cells acknowledge their violations and express contrition and determination to remedy such violations, they shall be considered for early release from the disciplinary cells. Where inmates are sick or unhealthy, prepare records and bring inmates out for medical examination and treatment. When inmates’ health is stable, they shall be considered for continuation of implementation of the disciplinary actions or early release from disciplinary cells.

6. Directors of detention facilities shall issue decisions on the recognition of inmates’ progress, extension of the monitoring and challenging period, early release from disciplinary cells, continuation of implementation of disciplinary actions, suspension or exemption from detention in disciplinary cells, and changes to disciplinary actions for inmates. Disciplinary decisions, records, and documents shall be recorded in inmate records.

Section 6. RESPONSIBILITIES OF AGENCIES, ORGANIZAITONS, INDIVIDUALS, AND FAMILIES PARTICIPATING IN INMATE EDUCATION

Article 31. Responsibilities of local authorities

1. Provincial People’s Committees shall:

a) Direct and assign authorities, agencies, departments, social organizations, mass organizations, and individuals under their management to cooperate with detention facilities in the management, education, encouragement, vocational education, job introduction support, capital loan, improvement of the physical and mental life, and assistance provision for inmates who are about to finish serving their imprisonment sentences and re-integrate into the community;

b) Organize communications, dissemination, and education concerning policies and laws and eliminate discrimination against inmates; disseminate experiences and typical models in education and assist persons who have served their imprisonment sentences re-integrating into the community;

c) Annually allocate budget according to the law to affiliated agencies and units and district-level People’s Committees for cooperation with detention facilities in education for inmates and persons who have served their imprisonment sentences living in their areas.

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a) Direct, instruct, and inspect commune-level People’s Committees, agencies, and organizations regarding cooperation with detention facilities in the management, education, encouragement, improvement of physical and mental life, and assistance provision for inmates who are about to re-integrate into the community regarding the prevention and combat against recidivism;

b) Annually allocate budget according to the law to affiliated agencies and units and commune-level People’s Committees for cooperation with detention facilities in education for inmates and persons who have served their imprisonment sentences.

3. Commune-level People’s Committees shall:

a) Request relatives and families to strictly comply with the law and internal regulations of detention facilities and fulfill obligations of families regarding encouragement and education for inmates and prevention of law violations;

b) Impose or request imposition of administrative penalties on persons committing law violations at locations under the management of detention facilities;

c) Notify and exchange information on relatives and families of inmates and cooperate in the implementation of work upon request; confirm the family circumstances of relatives of inmates serving sentences accurately and relevant documents and papers for use as the grounds for the grading of compliance with imprisonment sentences and implementation of inmates' rights, obligations, and legitimate benefits.

Article 32. Responsibilities of agencies, organizations, and individuals

1. Detention facilities shall cooperate with authorities, agencies, departments, and local organizations at all levels in developing regulations, plans, and programs on cooperation on the organization of contents and operations concerning education and preparation for re-integration into the community for inmates and order assurance at detention facilities.

2. Provincial and district-level specialized agencies of sports and gymnastics shall cooperate with detention facilities in organizing activities for the improvement of the cultural and mental life and provision of training concerning personality, ethics, civilized lifestyle, and cultural communication and behaviors for inmates as follows:

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b) Cooperation in organizing library activities and gifting and transferring books and cultural products for inmate libraries;

c) Cooperation in organizing activities of exchanges, competitions, sports festivals, culture, arts, gymnastics/sports competitions, and entertainment for inmates; support for equipment concerning culture, arts, sports, gymnastics, and entertainment for inmates;

d) Organization of dissemination, propaganda, and dissemination of information, policies, and laws for inmates;

dd) Professional advanced training in culture, arts, sports, gymnastics, and library activities for officials and officers at detention facilities.

3. Departments of Justice shall cooperate with detention facilities in the dissemination, universalization, and education of laws and provision of legal aid counseling for inmates, free of charge.

4. Departments of Labor-War Invalids and Social Affairs; Divisions of Labor-War Invalids and Social Affairs shall cooperate with detention facilities in career orientations, vocational education, and certificate issuance for inmates and acceptance of persons under social protection to protection centers as per regulation.

5. Departments of Health shall cooperate with detention facilities in organizing health care and medical treatment for inmates.

6. The Ministry of Public Security of Vietnam and the Ministry of National Defense of Vietnam shall cooperate with the Ministry of Health of Vietnam, the Ministry of Culture, Sports and Tourism of Vietnam, the Ministry of Justice of Vietnam, and the Ministry of Labor – War Invalids and Social Affairs of Vietnam in instructing and directing the organization of education, dissemination, propaganda, and universalization of the directions, guidelines, and policies of the CPV and laws of the State and providing support for legal procedures; activities concerning culture, arts, sports, gymnastics, libraries, movies, exhibitions, entertainment, and professional training in activities concerning culture, arts, sports, gymnastics, health care, labor, career orientations, and vocational education for inmates.

7. Criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam and criminal judgment enforcement management agencies of the Ministry of National Defense of Vietnam shall cooperate with competent agencies and units of the Vietnam United Youth League and the Vietnam Women’s Union in:

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b) Instructing and directing detention facilities to cooperate with provincial agencies of the Vietnam Women’s Union in organizing activities and events of communications, exchanges, competitions, seminars, counseling, legal aid, life skill education, health checkups, career orientations, and vocational education for young inmates and assisting them in preparing for re-integration into the community.

8. Civil judgment enforcement management agencies of the Ministry of Justice of Vietnam shall direct civil judgment enforcement agencies to confirm inmates’ compliance with civil judgments and the value of assets under distraint for judgment enforcement as the grounds for grading compliance with imprisonment sentences and implementing inmates’ rights, obligations, and legitimate benefits.

9. The State shall encourage agencies, organizations, enterprises, manufacturing facilities, and individuals to cooperate with detention facilities in supporting resources, enabling inmates to engage in cultural education, labor, vocational education, and vocational skill teaching, lending out loans for manufacturing and business, and introducing jobs to inmates.

Article 33. Responsibilities of inmates’ families

1. Inmates’ families and relatives shall cooperate with detention facilities in promptly educating, encouraging, and assisting inmates in resolving difficulties in complying with imprisonment sentences; enable inmates to have peace of mind and strive to remedy their mistakes and make progress; assist inmates in implementing civil responsibilities caused by their crimes; cooperate in the prevention and control of epidemics, care, and treatment when inmates are sick or receiving treatment; receive and manage inmates when their sentences are suspended for medical treatment.

2. Inmates’ families and relatives shall be present at detention facilities upon requests from Directors of detention facilities for exchange and cooperation in education and preparation for inmates to re-integrate into the community; promptly issue notices to detention facilities of the information impacting inmates’ compliance with their sentences or inmates’ violations of the internal regulations; refrain from concealing or assisting inmates to bring prohibited objects into places of judgment compliance.

3. Inmates’ families and relatives shall refrain from taking advantage of visits to inmates to bring persons who are not inmates’ relatives into places of judgment compliance; entice others to come to or gather in crowds at places of judgment compliance, affecting the security and safety of detention facilities.

4. The State encourages inmates’ families to provide support in kind for inmate education, including: Textbooks, documents, learning utensils, books, newspapers, TVs, radios, and tools concerning sports, gymnastics, culture, arts, and entertainment to improve inmates’ physical and mental lives.

Section 7. BENEFITS AND POLICIES FOR FOREIGN INMATES

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Foreign inmates shall be entitled to benefits and policies similar to Vietnamese inmates and additional days off of 1 Independence Day and 1 Traditional New Year Holiday of the countries of inmates’ nationalities unless otherwise prescribed by international treaties to which Vietnam is a signatory.

Section 8. BENEFITS FOR STUDENTS COMPLYING WITH JUDICIAL MEASURES OF EDUCATION AT REFORMATORIES

Article 35. Meals and clothing for students of reformatories

1. The State shall ensure the monthly standard rations for students, including:

a) 20 kg of plain rice;

b) 1,5 kg of pork;

c) 1,5 kg of fish;

d) 0,5 kg of sugar;

dd) 0,75 l of fish sauce;

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g) 0,5 kg of salt;

h) 17 kg of vegetables;

i) 0,2 l of cooking oil;

k) Other spices equivalent to 0,5 kg of plain rice;

l) Fuel equivalent to 17 kg of firewood or 15 kg of coal.

Food, foodstuffs, and fuel shall be ensured in terms of quality and have average prices according to the local market prices.

Meals for students on public holidays and Tet holidays shall comply with the law and Clause 1 Article 149 of the Law on Criminal Judgment Enforcement 2019.

Principals of reformatories may swap the rations according to practical needs to ensure students have all their standard rations. Principals of reformatories shall decide on the meals for sick students based on suggestions from health officials, but the total ration shall not exceed 2 times the standard ration for normal days.

2. Clothing and living utensils for each student:

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b) 1 long uniform;

c) 2 sets of underclothing;

d) 2 pairs of plastic slippers;

dd) 1 nylon raincoat;

e) 1 sun helmet;

g) 1 cloth hat;

h) 3 face towels;

i) 3 toothbrushes;

k) 2 personal mats;

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m) 3,7 kg of soap;

n) 800 ml of shampoo.

Students enrolled in reformatories shall be provided with 1 curtain and 1 fiber blanket. From Da Nang toward the North, each student shall be provided with 1 winter coat, 2 pairs of socks, and 1 woolen cap with covers weighing no more than 2 kg for 2 years of use. Regarding students enrolled in reformatories for 12 months or more, the mentioned items shall be provided twice (excluding fiber blankets).

Students may bring essential personal utensils into reformatories according to the regulations of the Ministry of Public Security of Vietnam. Female students shall be provided with necessary utensils for personal hygiene equivalent to 3 kg of plain rice/student/month.

3. This regulation applies generally to students of reformatories.

Article 36. Health care for students of reformatories

1. Health departments of reformatories shall organize medical examinations and prepare health monitoring sheets for students upon such students’ arrival. While students are implementing judicial measures of education at reformatories, reformatories shall, based on specific conditions, organize periodic general health checkups for students at least once every 6 months, specifically: Measurement of height, weight, and average chest size, inspection of parameters concerning heartbeat, blood pressure, and body temperature, comprehensive clinical examinations according to specialties, and paraclinical examinations according to doctors’ designation. The costs of periodic health checkups for students shall be paid according to the price bracket prescribed by the Ministry of Health of Vietnam. Reformatories shall regularly adopt measures to prevent and control epidemics and implement solutions to narcotic rehabilitation and prevention, control, and treatment of HIV/AIDS and infectious diseases for students. Health checkups for students shall be based on the conditions and time of implementing decisions on mandatory enrolment in reformatories and specific situations of each reformatory. Health checkup results shall be recorded to manage and monitor students’ health. The covered costs of common medicines for students shall be equivalent to 4 kg of plain rice/student /month.

2. Regarding sick or injured students receiving treatment at infirmaries whose sickness or injury exceeds the treating capacity, they shall be transferred to other medical examination and treatment establishments in conformity with their status where reformatories are based for treatment. Students’ parents or guardians shall be notified of the event for cooperation with reformatories in care and treatment. Where the mentioned sickness or injury continues to exceed the treating capacity of the local medical examination and treatment establishments, the principals of reformatories shall, according to the designation of Directors of such medical examination and treatment establishments, consider deciding on the following treatment while submitting reports to the criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam. Meals, medicines, and allowances for students shall be designated by medical examination and treatment establishments.

3. While receiving treatment at specialized health facilities, if the period when students have to implement measures of education at reformatories expires, principals of reformatories shall issue certificates of completion of the implementation of education at reformatories.

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5. The medical service costs prescribed in Clauses 1, 2, and 4 of this Article shall be covered by the State Budget, excluding cases where students’ relatives or legal representatives voluntarily pay the medical service costs.

Chapter IV

EXECUTION OF DECISIONS ON RECEIPT AND TRANSFER OF PERSONS CURRENTLY SERVING IMPRISONMENT SENTENCES

Section 1. EXECUTION OF DECISIONS ON RECEIPT OF PERSONS CURRENTLY SERVING IMPRISONMENT SENTENCES FROM OVERSEAS TO VIETNAM TO SERVE THEIR SENTENCES

Article 37. Execution of decisions on receipt of persons currently serving imprisonment sentences

1. Within 5 working days after receiving Courts’ decisions to execute decisions on receipt of transferred persons currently serving imprisonment sentences from overseas to Vietnam to serve their sentences, the focal agency of the Ministry of Public Security of Vietnam concerning transfer of persons currently serving imprisonment sentences shall send written documents to the competent authority of the transferring country to reach agreements on the time, locations, methods of receipt and transfer of persons currently serving imprisonment sentences (enclosed with judgment enforcement records) from overseas to Vietnam to serve their sentences.

Where the competent authority of the transferring country has written requests for the issuance of entry and exit papers to persons currently serving imprisonment sentences being transferred from overseas to Vietnam, the Ministry of Foreign Affairs of Vietnam shall direct a competent diplomatic mission of Vietnam to issue Laissez-passers to such persons.

2. Receiving and escorting transferred persons to detention facilities and completing procedures for enforcing imprisonment sentences in Vietnam.

a) The Ministry of Public Security of Vietnam shall organize a delegation for the receipt of transferred persons currently serving imprisonment sentences with a composition as follows: the representative of the focal agency of the Ministry of Public Security of Vietnam concerning the transfer of persons currently serving imprisonment sentences is the Head; representatives of criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam; representatives of criminal judgment enforcement agencies of provincial Public Security Authorities where Courts issue decisions to execute decisions on the receipt of the transferred persons currently serving imprisonment sentences from overseas to Vietnam to serve their sentences. Representatives of entry and exit management agencies of the Ministry of Public Security of Vietnam; representatives of overseas representative missions of Vietnam in case the receipt location is outside of Vietnam’s territory; judicial support police officers; health officials; interpreters; other individuals relevant to receipt procedures;

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The receipt shall be made into records, including 3 copies in Vietnamese, 3 copies in English, and 3 copies in the language of the transferring country with confirmation signatures of representatives of the competent authority of the transferring country and the representatives of the agencies prescribed in Point a Clause 2 of this Article;

c) After the receipt, criminal judgment enforcement agencies of provincial Public Security Authorities where Courts issue decisions to execute decisions on the receipt of transfers shall escort transferred persons enclosed with imprisonment sentence enforcement records and their papers, items, personal belongings, money, and assets (if any) to detention centers under the management of the local Public Security Authorities to complete sentence enforcement records and establish lists for reports to criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam for decisions to bring the transferred persons to prisons to serve their sentences.

Within 5 working days after receiving written reports from criminal judgment enforcement agencies of provincial Public Security Authorities, criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam shall issue decisions to bring transferred persons to prisons to serve their sentences;

d) Records on bringing persons currently serving imprisonment sentences transferred from overseas to Vietnam to prisons to serve their sentences under decisions of criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam must contain legally effective decisions on receipt of transfers of persons currently serving imprisonment sentences from overseas to Vietnam to serve their sentences, Courts’ decisions to execute decisions on the receipt of transfers, and documents prescribed in Article 26 of the Law on Criminal Judgment Enforcement 2019.

Foreign imprisonment sentence enforcement documents included in records on bringing convicted to prisons to serve their sentences must be enclosed with Vietnamese translations and authenticated by Vietnam’s competent authorities.

Article 38. Enforcement of imprisonment sentences for persons transferred from overseas to Vietnam to serve their sentences

1. Regulations on the management, detention, education, rights, and obligations of persons serving imprisonment sentences transferred to Vietnam to serve their sentences shall comply with the Law on Criminal Judgment Enforcement and other relevant laws of Vietnam.

2. In case of receiving notices of decisions on amnesty, general amnesty, exemption from, reduction of the duration of serving imprisonment sentences, or parole or any decision or solution from the transferring country regarding persons transferred to Vietnam to serve their sentences, leading to a reduction of the duration of serving imprisonment sentences or grant of freedom to such persons, the focal agency of the Ministry of Public Security of Vietnam concerning transfer of persons currently serving imprisonment sentences shall immediately send such notices enclosed with written requests to competent authorities for consideration and decisions under the law of Vietnam and international treaties relevant to the transfer of persons currently serving imprisonment sentences to which Vietnam and the transferring country are signatories or direct agreements among competent authorities of Vietnam and the transferring country under the principle of reciprocity according to the law of Vietnam and in conformity with international laws and practices.

3. When receiving decisions from competent authorities on the recognition and execution of decisions of the transferring country as prescribed in Clause 2 of this Article, authorities of prisons managing and detaining inmates who are persons transferred from overseas to Vietnam to serve their sentences shall organize the execution and notify the focal agency of the Ministry of Public Security of Vietnam of the results of the execution for issuance of notices to the competent authority of the transferring country.

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Authorities of prisons receiving, managing, and detaining inmates who are persons currently serving imprisonment sentences transferred from overseas to Vietnam to serve their sentences shall notify the focal agency of the Ministry of Public Security of Vietnam of such persons’ compliance to issue notices to the competent agency of the transferring country in the following cases:

1. Persons currently serving imprisonment sentences are entitled to suspension of the imprisonment sentences, exemption from or reduction of the duration of serving the imprisonment sentences, or amnesty, general amnesty, or parole.

2. Persons currently serving imprisonment sentences have finished serving their sentences.

3. Persons currently serving imprisonment sentences escape from places of detention.

4. Persons currently serving imprisonment sentences die before finishing their sentences.

5. The foreign country party requests notices of judgment compliance of persons currently serving imprisonment sentences.

Section 2. EXECUTION OF DECISIONS ON TRANSFER OF PERSONS CURRENTLY SERVING IMPRISONMENT SENTENCES

Article 40. Agreements on execution of transfer decisions

1. Within 5 working days from the receipt of a decision to execute the decision on the transfer of persons currently serving imprisonment sentences from Vietnam to overseas from a competent Court, the Ministry of Public Security of Vietnam shall send written notices to and request the competent authority of the country receiving the inmates to reach agreements on the time, location, and transfer methods.

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3. Where 7 days have passed from the deadline prescribed in the agreements on the handover of persons currently serving imprisonment sentences, but the country requesting the transfer has yet to be able to receive the transfer due to objective obstacles and has issued notices to the Ministry of Public Security of Vietnam of the delay and issued written commitments to receive the persons currently serving imprisonment sentences and pay all arising costs due to the delay, the Ministry of Public Security of Vietnam shall make agreements with the competent authority of the foreign country to fix the new time and location for the transfer. The postponement of the execution of the transfer decision shall last no more than 15 days from the date of receipt of the foreign country’s written commitment to receive persons currently serving imprisonment sentences.

Article 41. Execution of transfer decisions

1. Escorting transferred persons

a) The superintendent of the prison where transferred persons are currently serving imprisonment sentences shall escort such persons with enclosed copies of documents of judgment enforcement in inmate records bearing prisons’ seals, health checkup sheets, health records of inmates (if any), records of paper inventory, assets, items, personal belongings, and money (if any) of inmates to the locations and time agreed on by the competent authorities of Vietnam and the receiving country to carry out the handover procedure for the receiving country. Composition: The superintendent or deputy superintendent as the head of the delegation; police officers for criminal judgment enforcement and judicial support assigned to escort the concerned persons; record officials;

b) It is mandatory to ensure the absolute safety of the escorting of the transferred persons, and the persons included in the Court’s transfer decision are escorted to the correct time and location for handover under agreements.

2. Handover of transferred persons

a) The composition of a delegation for handover of transferred persons includes: The representative of the focal agency of the Ministry of Public Security of Vietnam concerning the transfer of persons currently serving imprisonment sentences as the head; representatives of criminal judgment enforcement agencies of the Ministry of Public Security of Vietnam; representatives of the entry and exit management agencies of the Ministry of Public Security of Vietnam; representatives of overseas representative missions of Vietnam in case the handover location is outside of Vietnam’s territory; superintendent or deputy superintendent of the prison where the transferred persons are currently serving imprisonment sentences; interpreters;

b) The handover shall comply with the procedure prescribed by the law and diplomatic rules, conform with international practices, and ensure absolute safety; it is necessary to ensure that the persons included in the Court’s transfer decision are handed over to the receiving country.

The handover shall be made into records, including 3 copies in Vietnamese, 3 copies in English, and 3 copies in the language of the transferring country with confirmation signatures of representatives of the competent authority of the transferring country and the representatives of the agencies prescribed in Point a Clause 2 of this Article.

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4. Within 5 working days from the receipt of the decision to cancel the transfer decision from the Court, the focal agency of the Ministry of Public Security of Vietnam concerning the transfer of persons currently serving imprisonment sentences shall issue notices to the country requesting the transfer, criminal judgment enforcement management agencies of the Ministry of Public Security of Vietnam, and the authority of the prison where transferred persons are currently serving their sentences to continue the judgment enforcement for the persons subject to the Court’s decision to cancel the transfer decision.

Article 42. Notices of exemption from and reduction of duration of serving imprisonment sentences, amnesty, and general amnesty for persons currently serving imprisonment sentences who are transferred

1. When receiving a decision from a competent authority or person of Vietnam on the exemption from or reduction of the duration of serving sentences, amnesty, or general amnesty for transferred persons who are currently serving imprisonment sentences, the authority of the prison managing and detaining such persons shall, before the transfer, immediately notify the focal agency of the Ministry of Public Security of Vietnam of the transfer of persons currently serving imprisonment sentences to notify the competent authority of the foreign country for its acknowledgment and implementation under international treaties concerning the transfer of persons currently serving imprisonment sentences to which Vietnam and the country receiving the inmates are signatories or under direct agreements between competent authorities of Vietnam and the country receiving the inmates under reciprocal principles.

2. In necessary cases, overseas representative missions of Vietnam shall provide information for the Ministry of Public Security of Vietnam on the implementation of the decision on the exemption from or reduction of the duration of serving imprisonment sentences, amnesty, or general amnesty of the competent authority of Vietnam by the competent authority of the receiving country.

Chapter V

IMPLEMENTATION

Article 43. Entry into force

1. This Decree comes into force as of November 15, 2024 and replaces Decree No. 133/2020/ND-CP dated November 9, 2020.

2. Transitional provisions

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b) The monitoring and challenging period for recognition of progress for inmates implementing disciplinary actions on reprimands, warnings, or detention in disciplinary cells effective before the effective date of this Decree shall comply with Decree No. 133/2020/ND-CP dated November 9, 2020, of the Government of Vietnam.

c) Regarding inmates’ written commitments or statements on families’ extremely disadvantaged economic situation according to Decree No. 133/2020/ND-CP dated November 9, 2020 of the Government of Vietnam and documents guiding the implementation of the Law on Criminal Judgment Enforcement whose 3-year period of effectiveness has not expired before the effective date of this Decree, they shall remain effective until the end of such period.

Article 44. Implementation responsibilities

1. The Minister of Public Security of Vietnam and the Minister of National Defense of Vietnam shall cooperate, instruct, direct, and implement this Decree.

2. Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces and centrally affiliated cities, and relevant agencies, organizations, and individuals shall implement this Decree.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh

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