Section 1

IMPLEMENTATION PROCEDURES AND ADMINISTRATION AND EDUCATION REGIME

Article 21. Decision to execute imprisonment sentence

1. A decision to execute a judgment must clearly state the full name and position of the decision issuer; judgments and decisions to be executed; the name of the agency tasked to execute the judgment execution decision; the full name, date of birth and residence of the convicted person; jail term, additional penalty term. In case the convicted is on bail, the judgment execution decision must clearly state that, within 7 days after receiving the decision, the convicted must be present at the criminal judgment enforcement agency of the police level. the district where the person resides, the criminal judgment enforcement agency of the military zone where that person works.

2. Within 03 working days from the date of issuance of the decision to execute the imprisonment sentence and additional penalty, the court that has issued the decision must send the judgment execution decision to the following individuals and agencies:

a) The judgment executor;

b) Procuracy of the same level;

c) Provincial-level police criminal judgment enforcement agencies, military judgment enforcement agencies of military zones;

d) Detention camps where the judgment debtors are being held;

dd) District-level police criminal judgment enforcement agencies where the judgment debtors are being held in temporary detention or are on bail;

e) The Department of Justice in which the Court issuing the judgment execution decision is headquartered.

Article 22. Execution of decisions to execute imprisonment sentences

1. Where the person sentenced to imprisonment is being held in detention, within 03 working days after receiving the judgment execution decision, the detention center belongs to the provincial-level police or the criminal judgment enforcement agency. The district police must serve the convicts’ judgment execution decisions and report them to the criminal judgment enforcement agency of the provincial police. Within 05 working days from the date of receipt of the report, the criminal judgment enforcement agency of the provincial police station shall complete the file and make a list of those serving imprisonment sentences to report to the enforcement agency. Criminal judgment under the Ministry of Public Security. In cases where the person sentenced to imprisonment is being held in detention camps affiliated to the Ministry of Public Security, the detention center must serve the judgment execution decision to the convicted person, complete the dossier and report it to the exam administration agency. criminal sentences under the Ministry of Public Security.

Within 05 working days from the date of receipt of the report from the criminal judgment enforcement agency of the provincial police or detention center under the Ministry of Public Security, the criminal judgment enforcement agency under the Ministry of Public Security. decide to send judgment debtors to judgment execution.

2. Where the person sentenced to imprisonment is being held in a military zone-level detention center, within 03 working days from the date of receipt of the judgment execution decision, the detention center must serve the examination decision. sentence for the convicted and report to the criminal judgment enforcement agency of the military zone. Within 05 working days from the day on which the report is received, the military zone-level criminal judgment enforcement agency shall complete the dossier and make a list of imprisonment judgment executors for reporting to the judgment enforcement agency. criminal under the Ministry of Defense. In cases where the person sentenced to imprisonment is being held in detention camps affiliated to the Ministry of National Defense, the detention center must serve the judgment execution decision to the convicted person, complete the dossier and report it to the exam administration agency. criminal sentences under the Ministry of Defense.

Within 05 working days from the date of receipt of the report from the criminal judgment enforcement agency of the military zone or the detention center of the Ministry of National Defense, the criminal judgment enforcement agency under the Ministry of National Defense shall issue a decision. the intention to send the judgment executor to serve the judgment.

3. While waiting for the transfer to the place for serving the imprisonment sentence, the judgment executor is entitled to the same regime as for inmates.

4. In case the person sentenced to imprisonment is on bail, within 7 days from the date of receiving the judgment execution decision, the judgment executor must be present at the office of the criminal judgment enforcement agency of the Public Security. The district level or the military judgment enforcement agency of the military zone is designated in the judgment execution decision. Past the above time limit, that person is not present, the Judicial Assistance Police or the Judicial Guard shall escort the judgment execution.

Article 23.- Procedures for postponing serving of imprisonment sentences

1. For a person sentenced to imprisonment who is on bail, the Chief Justice of the Court that issued the judgment execution decision may, on his own or at the request of the convicted person, or the written request of the same Procuracy level, criminal judgment enforcement agencies District police where the judgment debtors reside, criminal judgment enforcement agencies of military zones where the judgment debtors work shall issue decisions to postpone the serving of imprisonment sentences. The petition or written request must be sent to the Court that issued the judgment execution decision enclosed with relevant papers.

2. Within 7 days after receiving the application or written request for the postponement of the serving of a prison sentence, the Chief Justice of the Court that has issued a judgment execution decision must consider and make a decision.

3. Within 03 working days from the date of issuance of the decision to postpone the serving of a prison sentence, the court that issued the decision to postpone must send such decision to the following individuals and agencies:

a) The judgment executor;

b) Procuracy of the same level;

c) Provincial-level police criminal judgment enforcement agencies, military judgment enforcement agencies of military zones;

d / District-level police criminal judgment enforcement agencies of the locality where the person who is postponed is residing;

dd) The Department of Justice of the locality where the Court issuing the judgment execution decision is headquartered.

Article 24. Execution of the decision to postpone the serving of imprisonment sentences

1. Upon receiving decisions to postpone the execution of judgments from the courts, the criminal judgment enforcement agencies of the district-level police and military zone-level criminal judgment enforcement agencies must stop the procedures for sending the executors to imprisonment. go to serve the sentence.

2. Commune-level People’s Committees or military units have the task of managing persons who are postponed serving sentences. A person who is postponed serving a sentence may not leave his / her residence without the consent of the People’s Committee of the commune or the military unit that is managing him / her.

3. Military agencies and units defined in Clause 2 of this Article must report every three months on the management of the persons who are postponed execution to the criminal judgment enforcement agencies of district-level police and judgment enforcement agencies. to notify the Court that has issued a decision to postpone the execution of the sentence.

4. During the time of judgment execution postponement, if the convicted person commits a serious law violation or has grounds to believe that such person has fled, the agency specified in Clause 2 of this Article shall report it to the enforcement agency. criminal judgments District-level police and military-zone-level criminal judgment enforcement agencies to propose the Chief Justice of the Court to issue a decision to postpone such decision. Immediately after the decision to cancel the decision to postpone the judgment execution, the Judicial Assistance Police or the Judicial Guard escort the judgment executor to serve the judgment. In case the person who is suspended from serving the judgment flees, the criminal judgment enforcement agency of the provincial-level police shall issue a pursuit decision and coordinate in organizing the arrest.

5. During the time of postponement of serving a prison sentence and the person whose execution is postponed dies, his / her relatives or the commune-level police or the agency assigned to manage must report to the public criminal judgment enforcement agency. the district police, the military judgment enforcement agency of the military zone to notify the Court that has issued the decision to postpone the execution of the imprisonment sentence to issue the decision to suspend the judgment execution and settle relevant procedures.

6. At least 07 days before the expiration of the time limit for postponement of the serving of imprisonment sentences, the chief judge of the court that has decided to postpone the serving of the imprisonment penalty must notify in writing and immediately send such notice to the judgment executor. agency defined in Clause 3, Article 23 of this Law.

Article 25. Dossiers of sending convicts to places where imprisonment sentences are executed

1. A dossier of sending a convicted person to a place for execution of a prison sentence must contain the following papers:

a) The judgment has taken legal effect; in case of appellate trial, cassation or reopening trial, the first-instance judgment must be accompanied by;

b) Decision to execute imprisonment sentence;

c) A decision of the criminal judgment enforcement agency to send the person serving the prison sentence to a prison, detention center or criminal judgment enforcement agency of a district police station;

d) The list of the person serving the imprisonment sentence;

dd) Copy of passport or papers proving nationality in case of a foreign prisoner;

e) Health check-ups and other documents related to the health of the sentenced person;

g) A written comment on the observance of the temporary detention rules and regulations by the judgment executor who is being held in detention;

h) Other documents related to the execution of a prison sentence.

2. Criminal judgment execution management agency under the Ministry of Public Security, agency for management of criminal judgment execution under the Ministry of National Defense, provincial-level police judgment execution agency, and Public criminal judgment enforcement agency district-level police, military-zone-level criminal judgment enforcement agency shall complete the dossier specified in Clause 1 of this Article, organize sending the convicted person and the enclosed dossier to handover to the prison. Detention camps, criminal judgment enforcement agencies District-level police have been designated to serve sentences.

Article 26. Admission of a prison sentence

1. Prisons, detention camps and criminal judgment enforcement agencies District-level police designated for judgment execution must accept persons serving imprisonment sentences when they have all dossiers specified in Article 25 of this Law; The receipt must be recorded in writing. The receiving agency must organize a medical examination immediately for the recipient to make a criminal record.

2. The receiving agency shall disseminate prisoners to comply with the following regulations:

a) Only necessary belongings may be brought into the cell; In case of having unused personal belongings and cash, they must be sent to prisons, detention camps and criminal judgment enforcement agencies of district-level Police for management; In case inmates wishing to transfer money, belongings and personal belongings to their relatives or legal representatives and bear the costs themselves, the prison, detention center, criminal judgment enforcement agency of district police have the responsibility to perform the transfer or transfer directly to that person at the judgment execution place;

b) Not to use cash, valuable papers at the judgment execution place. Inmates buy food, food and other goods to serve life and activities at the judgment execution place is done by signing a book;

c) Do not bring to the judgment execution place objects on the list of prohibited objects prescribed by the Minister of Public Security or the Minister of National Defense.

3. Within 05 working days from the date of receipt of the judgment executor, the prisons, detention camps, the criminal judgment enforcement agency of the district-level police must notify the Court that issued the decision to execute. the sentences and relatives of the imprisonment judgment debtor know and report to the criminal judgment enforcement agency.

Article 27. Detention of prisoners

1. The prisons organize to detain prisoners as follows:

a) Detention area for inmates with prison terms of more than 15 years, life imprisonment, inmates of dangerous recidivism;

b) Detention area for inmates with prison terms of 15 years or less; Prisoners who have a prison term of over 15 years but have good results serving their sentences, have been reduced to less than 15 years of imprisonment term.

2. In the detention areas specified in Clause 1 of this Article, the following inmates shall be assigned to separate detention:

a) Female prisoners;

b) The offender is a minor;

c) The offender is a foreigner;

d) The offender is a person with a particularly dangerous infectious disease;

dd) The offender shows signs of a mental illness or another disease that loses his or her cognitive ability or ability to control behavior while awaiting the court’s decision;

e) The offender regularly violates the prison rules and regulations.

3. In detention camps, inmates defined at Points a and e, Clause 2 of this Article shall be arranged to separate detention.

4. Prisoners are divided into teams, groups for labor, study and activities. Based on the nature of the crime, the penalty level, the criminal’s personal characteristics, the results of the sentence serving, the prison supervisor and the supervisor of the detention center shall decide the classification and transfer of the detention area.

Article 28. The regime of study, apprenticeship and prisoners’ information

1. Prisoners must study law, educate citizens, and have cultural and vocational training. Illiterate prisoners must study culture to eliminate illiteracy. Foreign offenders are encouraged to learn Vietnamese. Inmates are arranged Saturdays for study and vocational training and are entitled to Sunday, public holidays and New Year holidays according to the provisions of law. Based on requirements for management and education of inmates and time limit for serving sentences, prisons, detention camps, criminal judgment enforcement agencies of district-level police shall organize teaching for prisoners according to programs and contents set by Ministry of Education and Training, Ministry of Justice, Ministry of Public Security and Ministry of National Defense regulations.

2. Prisoners are provided with information on current events, policies and laws of the State.

Article 29. Labor regime of prisoners

1. Prisoners are entitled to organize labor suitable to their age and health and meet the requirements of management, education and community integration; are entitled to work holidays on Saturdays, Sundays, public holidays and New Year holidays according to the provisions of law. The period of time for prisoners to work, study and apprentice must not exceed 8 hours per day. In extraordinary or seasonal cases, prison supervisors may request prisoners to work overtime for no more than 2 hours in a day. In case prisoners work overtime or work on Saturdays and Sundays, they are entitled to compensatory leave or compensation in cash or in kind.

2. Female prisoners are assigned to jobs suitable to their gender, health and age; do not do heavy or hazardous work on the list of prohibited female employees.

3. Inmates who suffer from diseases or have physical or mental defects, depending on the severity and nature of the illness, and on the basis of medical indications of the prisons or detention camps, their working time shall be exempted or reduced.

Article 30. Use of inmates’ labor results

1. The prisoner’s labor results, after subtracting the cost of supplies, raw materials, and labor hiring outside labor; utility costs; extra meals paid by hard and noxious labor for each profession or profession, in addition to food for prisoners according to the standards provided by the state budget; compensation for prisoners who work overtime or work days off; Depreciation of assets, direct management costs for labor activities of inmates, are used as follows:

a) Supplementing the inmates’ meals;

b) Set up a community integration fund to pay support to inmates after serving their imprisonment sentence;

c) Supplement to the welfare and reward fund of the prisons;

d) Bonuses for prisoners with achievements in labor;

dd) Support for return on investment in prisons in service of the organization of labor, education and vocational training for inmates.

2. Prisoners are entitled to send remuneration for overtime work, work on holidays, bonuses for their achievements in labor to relatives or sent to prison for management, to be used according to regulations or received back upon accepting finished prison sentence.

3. The revenues and expenditures from labor and vocational training activities of inmates must comply with the following:

a) The prisons must open accounting books and the recording and accounting of arising financial revenues and expenditures and financial statements must comply with the administrative and non-business accounting regime. All revenues and expenditures from labor and apprenticeship activities of inmates are reflected through the financial and accounting book system of the prison;

b) The prison must fully aggregate the expenses specified in Clause 1 of this Article into the product cost;

c) Reports on income and expenditure from prisoners’ labor activities in prisons are general reports on data, situation and results of revenues and expenditures from labor organization activities for prisoners. Prison supervisors are responsible for making general reports and detailed explanatory reports on income and expenditure from inmates’ labor activities and send them to the criminal judgment enforcement agency under the Ministry of Public Security or the Ministry. Naitional defense;

d) Criminal judgment execution management agencies affiliated to the Ministry of Public Security and the Ministry of National Defense are responsible for evaluating and approving reports on results of revenues and expenditures from inmates’ labor activities and reporting to the financial agency. the Ministry of Public Security and the Ministry of National Defense for general synthesis into the annual budget settlement report of the Ministry of Public Security and the Ministry of National Defense in accordance with law.

Article 31. Procedures for proposing suspension of serving of imprisonment sentences

1. Competence to propose suspension of serving of imprisonment sentences is as follows:

a) Prison; detention camps under the Ministry of Public Security; detention camps under the Ministry of National Defense;

b) Provincial-level police criminal judgment enforcement agencies, military judgment enforcement agencies of military zones;

c) Provincial People’s Procuracy, Military Procuracy of military zone.

2. The competent agency of the locality where the inmate is serving the judgment specified in Clause 1 of this Article shall have to compile a dossier proposing the suspension of the serving of the imprisonment sentence and hand it over to the competent court for consideration and decision. .

3. Within 7 days from the date of receipt of the dossier requesting the suspension of serving of a prison sentence, the Chief Justice of the provincial-level or military court of the military zone where the inmate is serving the sentence must consider , decision.

4. The suspension of serving of imprisonment sentences for trial according to cassation or reopening procedures must be decided by the person who protests or by the court of cassation or reopening trial.

Article 32. Execution of the decision to suspend the serving of a prison sentence

1. Immediately after the decision to suspend the serving of the prison sentence is issued, the court that issued the decision on suspension must send such decision to the following individuals or agencies:

a) Persons temporarily suspended;

b) The agency proposing the suspension, detention center, detention center, criminal judgment enforcement agency of the district police where the person temporarily suspended is serving the sentence;

c) District-level police criminal judgment enforcement agencies, commune-level People’s Committees where persons temporarily suspended from their residence, the military unit assigned to manage such persons;

d) Procuracy of the same level;

dd) The court has issued a decision to execute the judgment;

e) The Department of Justice where the Court that issued the decision to suspend the head office is located.

2. In cases where the Procurator General decides to suspend the execution of the imprisonment sentence, such decision must be sent to the Department of Justice where the procuracy has issued the decision is located, and the individuals and agencies defined in the Points a, b, c and dd, Clause 1 of this Article.

3. Prisons, detention camps, criminal judgment enforcement agencies District-level police where directly managing persons suspended shall organize the assignment of persons temporarily suspended to the People’s Committees of communes where such persons return to reside resident, military unit assigned to manage that person; The relatives of the persons temporarily suspended are obliged to accept the persons temporarily suspended.

The People’s Committee of the commune or the military unit assigned to manage the person temporarily suspended shall monitor and supervise the person who is temporarily suspended, consider and handle the person allowed to leave his / her residence. job.

4. The continuation of judgment execution for a person who is temporarily suspended is as follows:

a) At least 07 days before the suspension period expires, the criminal judgment enforcement agency of the district-level police where the person who is temporarily suspended resides, the criminal judgment enforcement agency of the military zone level of the unit those assigned to manage such persons shall notify the persons who are temporarily suspended and request that such persons be present at the judgment execution places within the prescribed time limits. Past 7 days from the date of expiration of the temporary suspension of serving the imprisonment sentence, the suspended person is not present at the prisons, detention camps or criminal judgment enforcement agencies of district-level police to continue. for judgment execution procedures without plausible reasons, heads of the district-level police criminal judgment enforcement agencies and military zone-level criminal judgment enforcement agencies shall decide to escort the judgment execution;

b) For a person who is temporarily suspended due to a serious illness and difficult to determine the health status of that person, the criminal judgment enforcement agency of the provincial-level police where the person who is temporarily suspended resides, the enforcement agency Criminal judgments of military zones where units are assigned to manage such persons shall have to solicit medical examinations at provincial or military zones. If the results of assessment to determine that the health of the person temporarily suspended has been restored, the district-level police criminal judgment enforcement agency, the military-zone-level criminal judgment enforcement agency shall send such person to the place of mortgage. execute and notify the Chief Justice of the Court that has issued the decision to suspend;

c) During the period of suspension, if the person temporarily suspended has committed a serious violation of law or has grounds to believe that such person may flee, the People’s Committee of the commune where the person who is suspended resides of residence, the military unit assigned to manage the suspended person shall notify the criminal judgment enforcement agency of the district-level police where the person who is temporarily suspended resides, the criminal judgment enforcement agency of the military zone level where the unit is the military was assigned to manage so that these bodies would notify the court president of the decision on suspension. Within 03 working days after receiving the notice, the Chief Justice of the Court that issued the suspension decision must consider and issue a decision to terminate the suspension and send such decision to the judgment enforcement agency. Criminal Police district level, criminal judgment enforcement agency of military zone to enforce judgment execution.

In case the person who is temporarily suspended flees, the criminal judgment enforcement agency of the provincial police, the criminal judgment enforcement agency of the military zone shall issue a wanted decision and coordinate in organizing the arrest.

5. In case a person who is temporarily suspended dies, the People’s Committee of the commune where he / she resides and the military unit assigned to manage that person shall notify the criminal judgment enforcement agency of the district-level police and the agency. to execute criminal judgments at the military zone level to notify the courts that have issued decisions on suspension and to have issued decisions to execute the judgments. Within 03 working days after receiving the notice, the court that issued the judgment execution decision must issue a decision to suspend the judgment execution and send it to the agency specified at Points b, c, d and e Clause 1 of this Article and the Court has issued a decision to suspend the judgment execution.

Article 33. Procedures for reduction of terms of imprisonment sentences

1. Competent agencies defined at Points a and b, Clause 1, Article 31 of this Law have the right to propose a reduction of the imprisonment sentence term.

2. The agency competent to propose a reduction of the prison sentence execution term shall compile a dossier and hand it over to the provincial-level People’s Court or the military court of the military zone where the inmate is serving the judgment for consideration and decision. concentration. The application includes:

a) A copy of the judgment; in case of judgment reduction from the second time, the copy of the judgment shall be replaced with the copy of the judgment execution decision;

b) A written request from a competent authority to reduce the prison sentence term;

c) Results of ranking of serving the monthly, quarterly, 06-month and annual imprisonment sentence; commendation decision or a competent agency’s certification of the offender’s achievement;

d) The conclusion of the hospital of the province or hospital of the military zone or higher of the medical condition in case the inmate suffers from a fatal disease;

dd) A copy of the decision to reduce the term of serving the imprisonment sentence, if the case has been reduced.

3. Within 15 days from the date of receipt of the application for reduction of the term of imprisonment sentence, the provincial People’s Court or the Military Court of the military zone where the inmate is serving the sentence must open a meeting. The Procuracy shall consider reduction and notify in writing the Procuracy of the same level and the Procuracy must appoint Procurators to participate in the session. In case the dossier must be supplemented, the time limit for opening the meeting session shall be counted from the date of receiving the additional documents.

4. Within 03 working days from the date of issuance of the decision to reduce the term of serving the imprisonment, the Court must send such decision to the person who is entitled to the reduction of the term of serving the judgment execution, the Procuracy of the same level, the immediate superior Procuracy, the Court that has issued the judgment execution decision, the Department of Justice where the Court issues the decision to reduce the prison sentence term of office.

Article 34. Procedures for exemption from serving imprisonment sentences

1. The competent procuracies where the imprisonment judgment debtors reside or work shall compile dossiers and request the provincial-level People’s Courts and military courts of military zones to consider exemption from serving the imprisonment sentences. Records include:

a) A copy of the legally effective judgment;

b) The written request of the competent Procuracy;

c) An application for exemption from serving the sentenced sentence

d) A report of the convicted person on the merit or great merit, certified by a competent authority for the convicted person who has made great achievements, great achievements or the conclusion of the hospital at the provincial level, sick military zone or higher level hospital about the convicts’ sickness status, for those convicted of a fatal disease.

2. Within 15 days from the date of receiving the dossier, the competent Court must open the session to consider exemption and notify in writing to the Procuracy of the same level and the Procuracy must appoint procurators to participate. meeting. In case the dossier needs to be supplemented at the request of the Court, the session opening time limit shall be counted from the date of receipt of the additional dossier.

3. Within 03 working days from the date of issuance of the decision on exemption from serving the imprisonment penalty, the court that has issued the decision on exemption from serving the imprisonment penalty shall send this decision to the person exempted from serving the sentence. The procuracy proposes, the immediate superior procuracy, the criminal judgment enforcement agency of the same level, the court that has issued a judgment execution decision, the People’s Committee of the commune where that person resides, and the military unit manage that person, the Department of Justice where the Court that issued the decision is based.

4. Immediately after receiving the decision on exemption from serving the imprisonment sentence, detention center, detention center, the criminal judgment enforcement agency of the district police shall carry out the procedures for releasing the person exempted from serving the imprisonment sentence and report results to the criminal judgment enforcement agency or the superior criminal judgment enforcement agency.

Article 35. Execution of extracting offenders

1. Procedure-conducting agencies and persons, upon request to extract criminals, must send written requests to the criminal judgment execution management agencies and criminal judgment enforcement agencies of the provincial-level police offices where they are procedure-conducting persons who request extraction in order to request the competent criminal judgment enforcement agency specified in Clause 2 of this Article to order the extract. Upon receipt of a request to extract, the competent criminal judgment enforcement agency must order the removal of the offender.

2. Competence to extract offenders for investigation, prosecution and adjudication is as follows:

a) The heads of the criminal judgment execution management agency affiliated to the Ministry of Public Security shall issue an order of extraction against inmates of prisons and detention camps managed by the Ministry of Public Security;

b) The heads of the criminal judgment execution management agency affiliated to the Ministry of National Defense shall issue an order of extraction against inmates of prisons and detention camps managed by the Ministry of National Defense; Heads of criminal judgment enforcement agencies of the military zone level shall issue an order to extract prisoners who are serving their sentences at military zone-level detention centers or detention camps;

c) Heads of criminal judgment enforcement agencies of provincial-level police shall issue extracting orders for inmates who are serving sentences at detention camps or prisoners directly managed by criminal judgment enforcement agencies of district-level police .

3. In case offenders are extracted to serve requirements for education, rehabilitation or medical examination and treatment or detention management, wardens of prisons, supervisors of detention camps and heads of criminal judgment enforcement agencies of Public Security The district ordered the extract.

4. The extracted order must contain the following contents:

a) The agency, full name, position and rank of the person issuing the order;

b) Full name, date of birth, place of permanent residence registration, date of arrest, crime, time limit and place where the offender is serving a prison sentence;

c) Purpose and duration of extraction;

d) The agency, full name, position and rank of the inmate is extracted;

dd) The person issuing the extracting order must clearly state the date, month and year and sign and affix a seal on the extraction order.

5. Prison supervisors, wardens of detention camps, heads of criminal judgment enforcement agencies of district-level police shall inspect, hand over and make written records on the hand-over of extracted prisoners and keep track records . Extraction period counts towards the term of serving a prison sentence, unless the offender runs away while being released. Criminal judgment enforcement agencies Provincial-level police and military-zone-level criminal judgment enforcement agencies where procedure-conducting agencies and persons who request extraction are responsible for receiving, escorting and managing prisoners. extract during extraction.

6. In case of taking extracted prisoners from the places of judgment execution, the criminal judgment enforcement agencies of the provincial-level police and the military-zone-level criminal judgment enforcement agencies that receive the extracted prisoners must ensure the meals, accommodation and activities for that person in accordance with the law during the extraction. Based on the ration order, the detention center or detention house where the investigating, prosecuting or adjudicating agency is required to manage the extracted offender.

7. In case of not sending inmates to be extracted from the judgment execution places, prisons, detention camps and criminal judgment enforcement agencies of district-level police shall ensure their diet, accommodation, daily life and crime management. the person outside the office, the offender is entitled to work with the offender.

8. Upon the expiration of the extraction time limit, the agency recognizing the extracted offenders must send a notice to the criminal judgment execution management agency of the Ministry of Public Security, the Ministry of National Defense and the criminal judgment enforcement agency of the provincial police. , the criminal judgment enforcement agency of the military zone and hand over the extracted inmates to the prisons, detention camps and criminal judgment enforcement agencies of district-level police for further judgment execution; If there is a need for further extraction, it is recommended to extend the extraction; the term of extraction and extension of the extract shall not be longer than the remaining term of serving the imprisonment term of the extracted offender.

Article 36. Commendation and rewards inmates

1. During the period of serving a prison sentence, inmates who well abide by the prison rules and regulations, make achievements in labor or make merits, they shall be commended and / or rewarded in one or more of the following forms:

a) Praise;

b) Bonuses of money or in kind;

c) Increase the number of times you are contacted by phone, the number of times you meet your relatives, the number of times and the number of gifts received.

2. Prison supervisors, supervisors of detention camps under the Ministry of Public Security, supervisors of detention camps under the Ministry of National Defense, heads of criminal judgment enforcement agencies of provincial-level police, heads of criminal judgment enforcement agencies the military zone level decided to reward prisoners. The reward must be in writing and be kept in the offender’s file. Commended prisoners shall be given priority to consider for reduction of the term of imprisonment sentence execution and to be considered for special amnesty according to the provisions of law.

Article 37. Settlement of fleeing offenders

1. When inmates flee, detention centers, detention camps, criminal judgment enforcement agencies of provincial-level police, criminal judgment enforcement agencies of district-level police and military-zone-level criminal judgment enforcement agencies must organize immediate arrest. Within 24 hours after detecting an inmate fleeing and the arrest fails, the supervisor of the prison, the supervisor of the detention center of the Ministry of Public Security, the Ministry of National Defense, or the head of the judgment execution agency The provincial police and the heads of the criminal judgment enforcement agency of the military zone must issue a pursuit decision and coordinate the arresting organization.

All cases of escaping prisoners must be recorded in writing, taken preventive measures, investigated and handled in accordance with the criminal procedure law.

2. The offender has fled and surrendered, the agency receiving the surrendered inmate shall make a record, handle according to its competence or hand the offender to the nearest criminal judgment enforcement agency for handling according to regulations. under the law.

Article 38. Handling offenders

1. During the time of serving a prison sentence, inmates who violate prison rules and regulations or commit law violations shall be disciplined in one of the following forms:

a) Reprimand;

b) Warnings;

c) Imprisonment in a disciplinary room for up to 10 days.

While detained in the disciplinary room, offenders cannot see relatives and may be shackled. Foot shackles are not applicable to female prisoners, juvenile offenders, and elderly and frail prisoners.

2. Prison supervisors, detention camp supervisors and heads of criminal judgment enforcement agencies of district-level Police shall decide to discipline prisoners in writing and keep records.

3. In cases where the offender’s acts of violation show signs of crimes falling under the investigative powers of the supervisors of prisons or detention camps, the supervisors of prisons or detention camp supervisors shall issue decisions to prosecute the cases. judgments and conduct a number of investigative activities in accordance with law; in cases which are not within their investigative powers, they must notify the competent investigating bodies.

4. Inmates who damage, lose or destroy property at the place of judgment execution must compensate.

Article 39. Notification of judgment execution situation; coordinate with offender families, agencies, organizations and individuals participating in inmate reformation education

1. Prisons and detention camps under the Ministry of Public Security, the Ministry of National Defense, the criminal judgment enforcement agencies of the provincial-level police and the military-zone-level criminal judgment enforcement agencies shall have to make announcements every 6 months. offenders’ judgment execution status for their relatives.

2. Prisons, detention camps, criminal judgment enforcement agencies District-level police coordinate with inmates’ families, local authorities, agencies, organizations and individuals interested in encouraging prisoners to actively study practice, work and practice to enjoy the State’s leniency; support educational and vocational training activities for prisoners and prepare necessary conditions for them to reintegrate into the community after serving their imprisonment sentence.

Article 40. Release of the prisoner

1. Two months before inmates expire their imprisonment sentences, prisons, detention camps under the Ministry of Public Security, the Ministry of National Defense, the criminal judgment enforcement agencies of the provincial-level police, the criminal judgment enforcement agencies the military zone level notifies the criminal judgment enforcement agency of the district-level police, the commune-level People’s Committee, the agency or organization where the prisoner has completed his / her imprisonment sentence in terms of residence, working, and the agency accepting inmates extract. The content of the notice includes the results of serving the imprisonment sentence, the additional penalty that the offender must also serve and other relevant information to consider, arrange and create a normal life for that person.

If it is impossible to determine the place where the person who has completed the term of residence, the prisons or detention camps under the Ministry of Public Security, the Ministry of National Defense or the criminal judgment enforcement agency of the provincial police shall make a request to the People’s Committee. commune-level people where the inmates serve the sentences or other agencies or organizations to accept the persons who have completed their imprisonment sentences for residence.

2. On the last day of the time limit for serving the imprisonment sentence, detention center, detention center, the criminal judgment enforcement agency of the provincial-level police shall complete the procedures as prescribed by law to release the prisoners. ; issuing a certificate of completion of the imprisonment sentence for the person who has completed the imprisonment sentence, the amount of money from the community integration support fund, the money for the train and the train while traveling back to the place of residence or workplace; return all papers, objects, money and other property that the offender has deposited at the place where the imprisonment sentence is executed. In case that person does not have any clothes, he will be given a set of clothes to return to his residence.

3. During the time the offender is extracted from the place of judgment execution to serve investigation, prosecution or adjudication, but the time limit for serving the portion of the imprisonment sentence has expired, the competent agency specified in Clause 2 of this Article issue a certificate of completed serving the prison sentence to the person extracted and notify the agency that receives the extracted person and the relevant agency. The agency receiving the extracted person has the responsibility to immediately release the person; pay travel, meals and accommodation expenses of the person extracted to return to the judgment execution place to deal with relevant procedures. The agency granting the certificate of completion of the imprisonment sentence shall settle the procedures, obligations, related rights and interests of the person extracted under the provisions of Clause 2 of this Article.

4. Foreign offenders who have completely served their imprisonment sentences shall be granted certificates of completion of their imprisonment sentences and to stay at accommodation establishments designated by the criminal judgment enforcement agencies time to wait for exit procedures.

5. The settlement of pensions and social insurance allowances for persons who have completed their imprisonment sentences shall comply with the provisions of law on social insurance.

6. The agency that has issued the certificate of completion of the imprisonment sentence or the special amnesty certificate shall send such certificate to the National Center for Judicial Records, the court that has issued the judgment execution decision. the agency responsible for executing the additional penalty, the agency specified in Clause 1 of this Article and notifying in writing the civil enforcement agency of the criminal judgment or decision.

Article 41. Execution of decisions on admission and transfer of persons serving imprisonment sentences

1. Execution of the decision on accepting and transferring persons currently serving imprisonment sentences from abroad to Vietnam for judgment execution:

a) When there is a decision to execute the decision on admission and transfer of the person serving the imprisonment sentence transferred from abroad to Vietnam for judgment execution, the Judicial Assistance Police shall organize the reception and handover. persons sentenced to prisons under decisions of the criminal judgment execution management agencies of the Ministry of Public Security;

b) The regime of detention management, education and reform, consideration of sentence reduction, release from prison, special amnesty, amnesty for persons serving a transferred prison sentence shall comply with the provisions of this Law and other regulations. other relevant laws.

2. Execution of a decision to transfer a person currently serving a prison sentence in Vietnam to a foreign country:

a) When receiving the decision to execute the decision to transfer the person serving a prison sentence in Vietnam to a foreign country, the prison shall hand over the criminal to the Judicial Assistance Police. The handover must be recorded in writing and recorded;

b) The judicial assistance police shall escort the transferee to a place and at a time agreed upon in writing by the competent authorities of Vietnam and the country requesting the transfer.

Section 2

Diet, Wear, Living, Living, Medical Care for Violators

Article 42. Diet and accommodation for prisoners

1. Prisoners are guaranteed quantitative standards of rice, green vegetables, meat, fish, sugar, salt, fish sauce, monosodium glutamate, and fuel. For inmates who work hard and hazardous in accordance with the law, the quantity of food is increased. On holidays and New Year festivals according to the provisions of the law, inmates can eat more but the amount of food must not exceed five times of the standard daily meal.

Based on the inmates’ requirements to ensure the health of prisoners during their detention, labor and study at the place of judgment execution, the Government shall specify the amount of food suitable to economic conditions, budget and changes market price. Prison supervisors, detention camp supervisors, heads of criminal judgment enforcement agencies of district-level police can decide to swap food quantities to suit the reality to ensure that prisoners eat up to the standard.

2. In addition to the food standards prescribed in Clause 1 of this Article, prisoners may use their gifts and money for extra food, but not more than three times the quantity in a month for each inmate.

3. Prisoners are guaranteed food and drink hygiene. The cooking for inmates is done by inmates under the supervision and inspection of prisons, detention camps, and criminal judgment enforcement agencies of district-level police.

The kitchens for prisoners are provided with the necessary tools for cooking, boiling drinking water and sharing food for prisoners according to standard portions.

4. Prisoners are allowed to live in collective detention rooms, except for prisoners who are being held separately according to the provisions of Points d, dd and e, Clause 2, Article 27 of this Law. The minimum sleeping space for each inmate is 02 square meters (m2). For inmates with young children to live with, a minimum sleeping space of 03 square meters (m2) is arranged.

Article 43. The dress and belongings of prisoners

Prisoners are provided with uniform form of clothing, towels, blankets, mats, curtains, sandals, hats or hats, soap; Female prisoners are provided with additional supplies necessary for women’s hygiene. Inmates participating in labor are provided with labor protective clothing and, based on specific work conditions, are provided with necessary labor protective equipment. The Government details this Article.

Article 44. Regime of physical training, sports, cultural and artistic activities for inmates

1. Inmates may conduct physical training, sports, cultural and artistic activities, reading books, newspapers, listening to radio and watching television in accordance with the conditions of the judgment execution place.

Each division of the prison has a library, a play area, a sports field, equipped with a radio system, and each collective cell is equipped with a color television.

2. Inmate’s time for physical training and sports activities, cultural and cultural activities, reading books, newspapers, listening to radio or watching television shall comply with the prison regulations.

Article 45. Benefits for female prisoners who are pregnant and nurturing children under 36 months old

1. If pregnant female prisoners are not temporarily suspended from serving their imprisonment sentences, they shall be provided with a reasonable place to live, receive regular or irregular pregnancy check-ups and medical care in necessary cases; to reduce working time, enjoy a healthy diet and drink.

2. Pregnant female inmates are entitled to work leave before and after giving birth according to the provisions of the Labor Code. During the maternity leave, inmates are guaranteed the standard, the amount of food according to the instructions of doctors or doctors, and are provided with necessary food and supplies for the care of the newborn. Female inmates nurturing children under 36 months of age are given an appropriate time to care for and nurture their children.

3. Prisons, detention camps, criminal judgment enforcement agencies District-level police shall have to carry out procedures to request birth registration for inmates’ children. The People’s Committees of communes where inmates serve their sentences shall register and issue birth certificates.

4. Female inmates with children 36 months old or older must send their children back to their relatives to take care of. In case the offender’s children do not have relatives to be adopted, the prisons, detention centers affiliated to the Ministry of Public Security, detention centers affiliated to the Ministry of National Defense and provincial police criminal judgment enforcement agencies must request the Department Labor, War Invalids and Social Affairs where an inmate shall appoint a social protection facility to receive and nurture. Within 15 days after receiving the request, the Department of Labor, War Invalids and Social Affairs shall appoint a social protection establishment responsible for receiving and nurturing. Those who have completed the imprisonment sentence are entitled to receive back their children being nurtured by the social protection establishments.

5. The prisons must organize kindergartens outside of the detention area to care for and nurture children of inmates under 36 months of age and children of prisoners aged 36 months or older pending admission procedures. social welfare establishments.

Article 46. The regime of meeting relatives and receiving gifts from prisoners

1. Inmates may meet their relatives once a month, each time they meet for no more than 1 hour, in special cases the duration may be extended but not exceeding 3 hours. Commended prisoners may meet their relatives one more time per month. An offender who strictly abides by the prison rules and regulations or sets up a salary may meet his wife or husband in a separate room for no more than 24 hours. In case representatives of other agencies, organizations or individuals request to meet criminals, supervisors of prisons, supervisors of detention camps and heads of criminal judgment enforcement agencies of district-level police shall consider and settle them. .

Prisons, detention camps, criminal judgment enforcement agencies District-level police shall arrange where inmates meet their relatives, representatives of other agencies, organizations or individuals.

2. When meeting relatives, representatives of agencies, organizations or other individuals, prisoners may receive letters, cash, objects, except objects on the prohibited list. For cash, inmates must be sent to prisons, detention camps and criminal judgment enforcement agencies of district-level Police for management. The management and use of objects and cash of prisoners shall comply with the provisions of Points a and b, Clause 2, Article 26 of this Law.

3. Inmates may receive cash and items sent by their relatives twice a month, except for the cases in which they have been received according to the provisions of Clause 2 of this Article. Prisons, detention camps and criminal judgment enforcement agencies of district-level police shall receive cash and items sent to prisoners by their relatives and open, inspect and handle according to regulations. under the law.

4. Relatives of the offenders who come to see him must bring their meeting books or meeting applications with the certification of the commune-level People’s Committee or the commune-level police of the locality where he / she resides or of the agency or organization where the person that work, study. Prison, detention camps, criminal judgment enforcement agencies District police must inform their relatives of the regulations on visiting and meeting inmates. Relatives of offenders must abide by these regulations.

5. Procedures for visiting foreign prisoners:

a) Relatives of foreign offenders must file an application to the criminal judgment enforcement agency. The application must be written in Vietnamese and certified by the diplomatic or consular mission of the country where that person is a national or a representative office of the international organization in Vietnam where that person works. Where the offender’s relative is Vietnamese, the application must be certified by the People’s Committee of the commune where that person resides;

b) Within 15 days after receiving the petition, the criminal judgment enforcement agency shall reply the petitioner; Special cases may be extended but the response time should not exceed 30 days.

6. Cases of consular visits or meetings with foreign inmates shall comply with international treaties to which the Socialist Republic of Vietnam is a signatory.

The Ministry of Public Security shall assume the prime responsibility and coordinate with the Ministry of National Defense and the Ministry of Foreign Affairs in detailing the implementation of this Clause.

Article 47. Communication regime of prisoners

1. The offender is sent two letters a month; In urgent cases, a telegram may be sent. Prison supervisors, detention camp supervisors and heads of criminal judgment enforcement agencies of district-level police must inspect and censor letters and telegrams sent and received by inmates.

2. Inmates are allowed to contact their relatives on the domestic phone once a month for no more than 05 minutes each time. Prison supervisors, detention center supervisors, heads of criminal judgment enforcement agencies District police consider and decide whether to give offenders contact by phone and organize this communication control.

3. The offender’s contact expenses specified in Clauses 1 and 2 of this Article shall be paid by him.

Article 48. Medical care regimes for prisoners

1. Prisoners are entitled to the disease prevention and control regime. Prisons, detention camps, criminal judgment enforcement agencies District-level police coordinate with district-level medical centers or military hospitals where prisons, detention camps, criminal judgment enforcement agencies of police level the district closed the organization of medical examination for inmates.

2. Inmates who are sick or injured may be examined and treated at medical establishments of prisons, detention camps or at district-level medical treatment establishments. In case the offender suffers from a serious illness or injury beyond the treatment capacity of such medical facility, he / she shall be transferred to a provincial-level medical facility, a military hospital or a central hospital for treatment; prisons, detention camps, criminal judgment enforcement agencies District police must notify relatives or legal representatives of such persons for coordination care and treatment. Diet, drug dispensing and retraining are prescribed by medical treatment establishments.

Prison, criminal judgment enforcement agency Provincial police, criminal judgment enforcement agency of military zone shall coordinate with provincial medical facility, military hospital to build or arrange a number of private rooms in the facility. medical facility to treat prisoners.

3. For inmates suspected of suffering from mental illness or another disease that makes them lose their cognitive ability or ability to control behavior, the prisons, detention centers, criminal judgment enforcement agencies of the provincial police The People’s Court of the province or the military court of the military zone where the inmate serving the prison sentence shall solicit mental forensic examination. When there is an assessment conclusion that the person suffers from a mental illness or another disease that loses the ability to perceive or direct his actions, the Chief Justice of the provincial-level People’s Court or the Chief Justice of the military court of the military zone where the offense is committed. The judgment execution person shall issue a decision to send the person to a medical specialty establishment for compulsory medical treatment. The period of compulsory medical treatment is calculated into the period of serving the imprisonment sentence.

4. Drug addicts inmates are organized in detoxification by the prison.

5. Funding for medical examination and treatment, organizing drug addiction treatment, and funding for building and arranging medical treatment rooms for inmates at State-provided medical treatment establishments.

Article 49. Settlement of death inmates

1. When an inmate dies in detention centers, detention camps, criminal judgment enforcement agencies of district-level police or State medical treatment establishments, such agencies or organizations shall immediately notify investigation agencies. and the District People’s Procuracy, investigation agency and military Procuracy of the military zone where the inmate died to determine the cause. Prisons, detention centers, criminal judgment enforcement agencies District-level police shall carry out death procedures and notify relatives or legal representatives of the dead before carrying out funeral procedures. In case an offender dies at a medical treatment facility, that medical facility shall make a death certificate and send it to the prison, detention center or criminal judgment enforcement agency of the district police.

In case the dead offender is a foreigner, the prison supervisor must immediately notify the investigation agency and the provincial Procuracy, the investigation agency and the Military Procuracy of the military zone where the inmate died for identification reason; and at the same time report to the criminal judgment enforcement agency, the Ministry of Foreign Affairs of Vietnam to notify the representative offices of the country where such person is a citizen. After obtaining the permission of the competent authority, the prison is responsible for organizing the funeral.

2. Within 24 hours after the offender’s relatives or lawful representatives are notified of the death and permitted by the competent authority, the prison, the detention center, the public criminal judgment enforcement agency The district-level police shall organize the burial in the form of cremation or cremation, depending on geographical conditions, customs and practices, and notify the Court that has issued the judgment execution decision. Within 03 working days after receiving the notice, the court that issued the judgment execution decision must issue a decision to suspend the execution of the imprisonment sentence and send it to the relatives of the dead offender or prison. detention camps, criminal judgment enforcement agencies of district-level Police where the offenders die, the Departments of Justice where the Courts issuing decisions to suspend are headquartered. The People’s Committees of communes where the offenders die shall coordinate with the prisons and detention camps. Criminal judgment enforcement agency District police in burial and grave management of inmates. Funding for the funeral is provided by the State.

3. In cases where a relative or legal representative of a dead prisoner submits an application to receive a corpse, ashes or remains at his own expense, the prison, detention center, or criminal judgment enforcement agency. District-level police can consider and resolve, unless there are grounds to believe that it affects security, order and environmental sanitation. The collection of remains, can only be resolved after 3 years from the date of burial. In case an offender is a foreigner, the receipt of a corpse, ashes or remains must be considered and decided by the criminal judgment enforcement agency.

4. In cases where an inmate dies while serving a prison sentence and has previously participated in compulsory social insurance or is previously enjoying his pension, the survivorship allowance shall be settled according to the provisions of Social insurance law.

Section 3

PROVISIONS FOR MINORS OF VIOLENCE

Article 50. Scope of application

Juvenile offenders serving sentences under the provisions of this Section and other provisions not inconsistent with the provisions of this Section; When they are 18 years old, they will switch to the custody and education management regime for adults.

Article 51. Regime of management, education, cultural learning, vocational training and labor

1. Juvenile offenders shall be kept under separate regimes suitable to their health, gender and personal characteristics.

2. Prisons have the responsibility to educate juvenile offenders in terms of culture, law and vocational training suitable to their age, educational level, gender and health, and prepare conditions for their integration. after serving the prison sentence. Compulsory study of primary school curriculum, lower secondary education universalization and vocational training.

3. Juvenile offenders may work in separate areas and in accordance with their age; not doing heavy, dangerous work or exposure to hazardous substances.

Article 52. Diet, dress, cultural activities, entertainment and entertainment

1. A juvenile offender is guaranteed the same amount of food as an adult prisoner and is entitled to an increase in meat and fish, but not more than 20% of the quantity.

2. In addition to the same standards of dress and belongings as juvenile offenders, each year juvenile offenders are provided with uniform clothing and other personal belongings according to the prison regulations.

3. Time and form of organization of physical training, sports, cultural and artistic activities, listening to radio, reading books, newspapers, watching television and other forms of entertainment suitable to the specialties. score of the minor.

Article 53. Regime of meeting and contacting relatives

Juvenile offenders may meet their relatives no more than three times a month, each meeting for no more than 03 hours, in special cases for no more than 24 hours. Prisoners are allowed to contact relatives by phone no more than four times a month, each for no more than 10 minutes, under the supervision of prison staff and at their own expense.

The State encourages the relatives of underage prisoners to visit and meet, send books, school supplies, sports equipment, and entertainment to prisoners.