No. 09/2012 / ND-CP
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
Regulations on management organization and regimes for people staying in
the time waiting for exit according to the provisions of the Law on Execution of Criminal Judgments
Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Law on Execution of Criminal Judgments dated June 17, 2010;
At the request of the Minister of Public Security,
Thing 1. Scope of regulation
This Decree provides for organizational management and regimes for persons who have to serve expulsion sentences, foreigners who have completed imprisonment sentences while staying at accommodation establishments to wait for their execution. exit procedures (referred to in this Decree as residents).
Thing 2. Subjects of application
This Decree applies to residents; agencies, organizations and individuals related to the organization, management and guarantee of benefits for residents. In cases where an international treaty to which the Socialist Republic of Vietnam is a member contains different provisions, the provisions of such international treaty prevail.
Thing 3. Funding for implementation
Funding for investment in the construction of material foundations, equipment and facilities and the implementation of regimes for residents shall be covered by the state budget and included in the annual budget estimate of the Ministry of Public Security.
ORGANIZATION OF RESIDER MANAGEMENT AND REGIME FOR RESIDENTS
Thing 4. Organization and management of residents
1. Residents must stay concentrated at the accommodation establishment and subject to the management and supervision of the accommodation establishment.
2. The Minister of Public Security shall decide on the establishment, merger, dissolution and define the functions, tasks, powers and organizational structure of accommodation establishments.
Thing 5. Accommodation regime for residents
1. Residents are arranged in a dormitory according to gender (male and female); The minimum sleeping area is 3m2 / person, with a toilet, with a mat, blanket and mosquito net.
2. Persons suffering from a particularly dangerous infectious disease according to the provisions of the Law on Prevention and Control of Infectious Diseases, a person suffering from a mental disease or another disease that loses their cognitive ability or ability to control behavior must be granted a father private accommodation in a separate room.
Thing 6. Diet and dress for residents
1. The standard of eating for each person staying for a month is calculated according to the quantity as follows: 17 kg of ordinary rice; 0.7 kg of meat; 0.8 kg of fish, 0.1 kg of salt, 0.5 kg of sugar of medium grade; 0.75 liters of fish sauce, 0.1 kg of MSG, 15 kg of green vegetables and 15 kg of firewood or 17 kg of charcoal. This quantity is provided by the State and converted into money according to the market price in the locality where the establishment is located. Holidays, New Year (according to the regulations of the State of Vietnam), residents are allowed to eat more, but the standard of eating (including the standard of normal and extra meals) must not exceed 5 times of the normal standard of eating. Accommodation may swap out the above food intake to suit actual requirements to ensure that residents eat up to their criteria.
2. In addition to the granted criteria, the resident may use the relatives’ gifts and depository money (if any) for additional meals according to the regulations of the accommodation establishment.
3. Accommodation establishments may organize collective kitchens and are provided with necessary utensils for cooking, boiling water and sharing rations for residents according to standards. Supporting tools for a collective kitchen include: gas stoves, rice cookers, water, and food; frying pans, drinking water jugs, refrigerators, food cabinets, dining tables, chairs and other necessary equipment and tools for the kitchen.
4. Residents may bring to the accommodation establishment essential personal belongings for use according to the regulations of the Ministry of Public Security.
In case the resident lacks pants and clothes, depending on the length of stay, one or two sets of plain cloth clothes will be provided.
Thing 7. Regime of physical training and sports activities, cultural activities, arts, communication, and property management of residents
1. Residents are entitled to healthy physical training, sports, cultural and artistic activities on the premises of the accommodation establishment. Each room is equipped with a color television and borrowed books and newspapers from the property establishment.
The duration of physical training and sports activities, cultural and cultural activities, television viewing and listening to radio stations is specified by the accommodation establishment.
2. Residents are allowed to contact by telephone, send letters to relatives and consular offices according to the regulations of the accommodation establishment. Telephone and mailing charges are to be paid by the resident.
3. Residents with cash or valuables must deposit them in the accommodation establishment’s depository and receive them back before leaving. The accommodation establishment is responsible for issuing a depository book or a custodian-tracking slip for residents to use for cash replacement.
Thing 8. Visit and visit regime for residents
1. Residents may meet their relatives or their legal representatives at the visiting rooms of the accommodation establishments. Meeting once a week, each meeting does not exceed 4 (four) hours.
Residents with good adherence to the establishment’s rules may meet with their spouse in the accommodation establishment’s private room once a week for no more than 24 (two to four) hours at a time.
2. Visit and visit procedures:
a) Relatives or legal representatives of foreigners visiting must have an application. The application must be translated into Vietnamese and certified by a diplomatic mission, consular post or other agency authorized to perform the consular function based in Vietnam of the country of which such person is a national or an agency. representatives of international organizations in Vietnam where such person works or the agency or organization that has guaranteed that person to enter Vietnam. In case the country of residence does not have a diplomatic mission, consular post or other agency authorized to perform the consular function based in Vietnam, the meeting application is not required to be certified. of these agencies;
b) A relative or legal representative of a relative of the resident who is a Vietnamese visiting must have an application or certification from the People’s Committee of the commune or the agency where he / she resides or works; identity card or other identification;
c) The settlement for relatives to visit and meet residents shall be decided by the person in charge of the accommodation establishment.
3. Cases of consular visits or meetings with residents shall be granted permits by the criminal judgment enforcement agency of the provincial-level police where the residence establishment closes the permit. In case Vietnam and a foreign country have citizens who are residents and have agreed on the time limit for consular visits, the provincial-level police criminal judgment enforcement agency shall issue permits according to the time limit specified in the agreement.
4. When allowed to visit and meet, residents will receive letters, cash and items as prescribed. The accommodation establishment is responsible for checking letters, cash, and items before bringing them into the hotel. The management and use of cash and items of residents comply with Clause 3, Article 7 of this Decree.
5. The visitor must strictly abide by Vietnamese laws, rules and regulations of the visiting house and the guidance of the accommodation establishment’s staff.
Thing 9. Medical examination and treatment regime for residents
1. During the period of his / her stay at an accommodation establishment, the sick resident may be examined and treated at the clinic of the accommodation establishment. Regime of medical examination and distribution of drugs and nutrition for sick residents shall be indicated by the person directly treating them according to the pathology on the basis of the internal rules and regulations of the clinic; the monthly cost of regular medicines for each resident is equivalent to 2 (two) kg of ordinary rice. In case the resident suffers a serious illness beyond the medical treatment capacity of the resident establishment, they shall be referred to the State hospital in the locality where the resident establishment is located for treatment. In case the resident requests to go to the medical facility for medical examination and treatment according to his / her wishes, the permission of the resident establishment must be obtained and the medical examination and treatment expense shall be borne by himself.
The accommodation establishment must notify the change of the resident for treatment at the medical facility to the criminal judgment enforcement agency of the provincial-level police where the residence establishment is located to notify the Court of making the decision. The Ministry of Foreign Affairs of Vietnam, the Ministry of Foreign Affairs of Vietnam, the consular office or other authority authorized to perform the consular functions of the country of which the person is a national or a representative office of an international organization in Vietnam that person works, the agency or organization that has guaranteed that person to enter Vietnam; relatives or legal representatives of residents who are in Vietnam (if any).
Treatment expenses for residents at state-owned medical examination and treatment establishments shall be paid by the accommodation establishment with the state budget. If the patient’s medical treatment requires high technology, high cost, and exceeds the limit, the resident must pay the treatment cost.
2. Where the stay is pregnant until the time of giving birth, the resident establishment shall have to send them to the local medical establishment to give birth. After the birth of a child, if the resident requests birth registration for the child, the resident establishment shall go to the Department of Justice of the locality where it is located to carry out the birth registration procedures as prescribed in Article 49. and Article 50 of Decree No. 158/2005 / ND-CP dated December 27, 2005 on civil status registration and management. Expenses for residents during the time of giving birth at state hospitals are covered by the accommodation establishment with the state budget.
3. The accommodation establishment shall have to coordinate with the hospital, the criminal judgment enforcement agency of the provincial-level police where the residence establishment is located to manage the stay during the period of treatment or give birth at the hospital.
Thing 10. Benefits for children being children of residents staying with their parents at the accommodation establishment
Children under 16 years old who are children of residents staying with parents at the accommodation establishment shall be arranged an area of accommodation in the same room as their parents at the accommodation establishment in accordance with the actual conditions and age characteristics. age, gender. The diet, accommodation, medical examination and treatment and funeral expenses are implemented as for the residents. On June 1, the Mid-Autumn Festival enjoyed a meal twice the normal day; If sick, they are entitled to medical examination and treatment, if they die, they will be provided with funeral expenses like the residents.
Thing 11. Settlement of fleeing residents
1. In cases where a resident who is an expulsion sentence executor flees, comply with Article 100 of the Law on Execution of Criminal Judgments.
2. Where a resident being a foreigner has finished serving his / her imprisonment sentence and is staying at a residence establishment awaiting exit procedures, the accommodation establishment must immediately notify the agency. execution of criminal judgments The provincial police where the accommodation establishment is located shall notify the Ministry of Foreign Affairs and notify the agencies, organizations or individuals specified in Clause 1, Article 9 of this Decree.
Thing 12. Settlement of death of the resident or the child of the resident staying with the parent at the accommodation establishment
1. In cases where the resident or the child of the person staying with the parent dies at the accommodation establishment, the accommodation establishment must immediately notify the investigation agency, the People’s Procuracy or the nearby medical agency. first come to make a record to certify the cause of death, and at the same time immediately notify the criminal judgment enforcement agency of the provincial police where the residence is located to notify the Ministry of Foreign Affairs and notify the consular or agency. other persons authorized to perform the consular function of the country of which such person holds nationality or representative offices of international organizations in Vietnam where he / she works, agencies or organizations that guarantee that person to enter Vietnam ; relatives or legal representatives of residents who are in Vietnam (if any).
2. Within 24 (two four) hours from the completion of the procedures specified in Clause 1 of this Article, the resident establishment shall bury the body. Funeral expenses are provided by the state budget. If a relative or legal representative of the deceased has a petition to bring the corpse for burial, they shall bear the expense.
Thing 13. Settlement of foreign affairs related to residents
The Ministry of Foreign Affairs shall guide the settlement of foreign procedures related to the execution of expulsion sentences against residents; exchanging and providing information relating to residents to foreign diplomatic missions and consulates in Vietnam; direct the Department of Foreign Affairs to coordinate with the criminal judgment enforcement agency of the provincial police where the accommodation establishment is located to deal with the problems arising from the resident pending exit at the facility. department of residence.
Thing 14. Effect of implementation
This Decree takes effect on April 10, 2012.
Thing 15. Responsibility for implementation
1. The Minister of Public Security shall have to organize the implementation of, guide, inspect and urge the implementation of this Decree.
2. Ministers, heads of ministerial equivalent bodies, Government bodies, and chairmen of people’s committees of provinces and cities under central authority shall be responsible for the implementation of this Decree./.