What are the regulations on labor regime of inmates in Vietnam? How does the place of detention organize work for inmates in Vietnam?
What are the regulations on labor regime of inmates in Vietnam?
Pursuant to Article 32 of the 2019 Law on Execution of Criminal Judgments in Vietnam on labor regime of inmates as follows:
- Inmates shall be assigned jobs fit for their age, health and in conformity with management, education and community integration requirements.
- They shall work under surveillance and management of the prisons or detention centers.
- The working time of inmates may not exceed 8 hours per day and 5 days per week. They may have days off on Sundays and holidays as per the law.
- In unexpected or seasonal cases, the superintendent may ask inmates to work overtime but not exceeding the statutory extra hours of work per day as prescribed in labor law. Inmates working overtime or on days off are entitled to receive compensatory time-off or allowances in cash or kind.
- Prisons must adopt necessary measures to ensure occupational safety and hygiene for inmates.
- Female inmates shall be assigned jobs suitable to their gender; it is prohibited to assign them jobs on the list of jobs banned from employment of female laborers in accordance with labor law.
- Inmates suffering a disease or physical or mental defects are entitled to exemption from work or reduction of working hours, depending on the degree and nature of such disease and prescriptions of the infirmary of their prison or detention center.
- An inmate may take days off in any of the permissible cases.
Thus, the labor regime of inmates in the place of detention is implemented as prescribed above.
What are the regulations on labor regime of inmates in Vietnam? How does the place of detention organize work for inmates in Vietnam?
How does the place of detention organize work for inmates in Vietnam?
Pursuant to Article 33 of the 2019 Law on Execution of Criminal Judgments in Vietnam stipulating as follows:
Work organization for inmates
1. Based on age, health, gender, sentence level, nature and severity of criminal offenses of inmates; land, resources, fields, equipment, facilities, supplies and sources of funds under management of the prison and specific conditions of the prison; ability to cooperate with organizations and individuals to organize work for inmates, the superintendent shall prepare an annual plan for the work organization for inmates and send it to the criminal judgment execution management agency of the Ministry of Public Security or the criminal judgment execution management agency of the Ministry of National Defense for approval.
2. The annual plan for work organization for inmates must contain at least:
a) Total number of inmates, specifying number of inmates fit for work as per the law;
b) Estimated costs for work; fixed asset depreciation;
c) Expected work performance of inmates; differences between revenue and expenditures in work organization for inmates;
d) Proposed plan for use of labor fruits of inmates.
3. The prison shall conduct the work organization for inmates in conformity with the plan approved by the competent authority prescribed in Clause 1 hereof.
4. The Government shall elaborate this Article.
Thus, the place of detention shall base on age, health, gender, sentence level, nature and severity of criminal offenses of inmates; land, resources, fields, equipment, facilities, supplies and sources of funds under management of the prison and specific conditions of the prison; ability to cooperate with organizations and individuals to organize work for inmates.
The annual plan for work organization for inmates must contain at least:
- Total number of inmates, specifying number of inmates fit for work as per the law;
- Estimated costs for work; fixed asset depreciation;
- Expected work performance of inmates; differences between revenue and expenditures in work organization for inmates;
- Proposed plan for use of labor fruits of inmates.
Note: The superintendent shall prepare an annual plan for the work organization for inmates and send it to the criminal judgment execution management agency of the Ministry of Public Security or the criminal judgment execution management agency of the Ministry of National Defense for approval.
What purposes will inmates' labor fruits be used for?
Pursuant to Clause 1, Article 34 of the 2019 Law on Execution of Criminal Judgments in Vietnam stipulating as follows:
Use of inmates' labor fruits
1. Inmates’ labor fruits, less reasonable costs, shall be used for:
a) Increasing food rations for inmates;
b) Set up a community integration fund to support inmates after completely serving their full prison sentences;
c) Supplementing the prison's welfare and reward funds;
d) Re-investing in the prison to fund the organization of labor, education and job training for inmates; improve workmanship for inmates who are about to completely serve their full prison sentences;
dd) Pay partial remuneration to inmates who directly engage in labor; provide supports for inmates who meet with labor accidents.
Thus, inmates’ labor fruits, less reasonable costs, shall be used for:
- Increasing food rations for inmates;
- Set up a community integration fund to support inmates after completely serving their full prison sentences;
- Supplementing the prison's welfare and reward funds;
- Re-investing in the prison to fund the organization of labor, education and job training for inmates; improve workmanship for inmates who are about to completely serve their full prison sentences;
- Pay partial remuneration to inmates who directly engage in labor; provide supports for inmates who meet with labor accidents.
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