Circular No. 10/2024/TT-BCA Regulating Reintegration Work for Individuals Who Have Completed Their Prison Sentences Issued
Circular 10/2024/TT-BCA on the regulations of reintegration for individuals who have completed their prison sentences
On March 15, 2024, the Minister of Public Security issued Circular 10/2024/TT-BCA regulating the work of community reintegration for individuals who have completed prison sentences of the People's Public Security forces.
Circular 10/2024/TT-BCA applies to the following subjects:
- Units under the Ministry of Public Security, criminal execution management agencies under the Ministry of Public Security, criminal execution agencies within the People's Public Security, provincial-level police, district-level police, communal-level police (referred to as police units, localities).
- Individuals who are pardoned, those who are conditionally released before serving their full sentence, individuals who have completed their prison sentences and returned to the community (collectively referred to as persons who have completed their prison sentences), who are Vietnamese, foreigners, and stateless persons residing in Vietnam.
- Agencies, units, organizations, and individuals involved in the implementation of community reintegration work.
Article 4 Circular 10/2024/TT-BCA stipulates the community reintegration database:
- The community reintegration database manages information on community reintegration for state management work; integrates and exchanges data with the national database on population, criminal information database, Information Center, operational data of the Ministry of Public Security, database on detention management, and criminal execution database.
- The General Department of Police for the Management of Detention, Custody and Criminal Execution builds a unified community reintegration database from the Ministry to the communal-level police; instructs police units, localities on building, installing, managing, maintaining, updating, and exploiting information from the community reintegration database.
The Circular 10/2024/TT-BCA regulating reintegration for individuals who have completed their prison sentences is now available.
How are the implementation funds for community reintegration work of the People's Public Security forces regulated?
Article 6 Circular 10/2024/TT-BCA stipulates the funds for the implementation of community reintegration work of the People's Public Security forces as follows:
- The funds for the implementation of community reintegration work of police units, localities come from state budget according to the regulations in clause 1 Article 4 Decree 49/2020/ND-CP; they are allocated in the annual security expenditure estimates of the Ministry of Public Security to the police units, localities as per the regulations of the Law on State Budget and detailed regulations, guidance on the implementation of the Law in the field of security, order, and social safety.
- The funds for the management, supervision, education, and assistance of individuals who have completed their prison sentences and re-enter the community are implemented according to the regulations in Decree 165/2016/ND-CP of December 24, 2016 of the Government of Vietnam on the management, use of state budget for certain activities in the field of national defense and security.
Police units, localities proactively advise local authorities to ensure budget or mobilize from other lawful financial sources according to the regulations of the Law on State Budget 2015 to implement community reintegration work.
- The receipt of money, foreign currency, assets, valuable papers, and other property rights from voluntary contributions by domestic and foreign agencies, organizations, and individuals for use in community reintegration activities is implemented according to clause 3 Article 4 Decree 49/2020/ND-CP.
Who are the subjects of acceptance, management, supervision, education, and assistance?
Article 7 Circular 10/2024/TT-BCA stipulates the subjects of acceptance, management, supervision, education, and assistance include:
- Individuals who have completed their prison sentences, including convicts who have served their sentences and individuals conditionally released before serving their full sentence with a probation period receiving a completion certificate of imprisonment yet to be judicially expunged.
- Individuals who are pardoned, including convicts pardoned and those temporarily suspended from serving sentences who are granted amnesty and issued a certificate of amnesty yet to be judicially expunged.
- The implementation period for receiving, managing, supervising, educating, and assisting from the date of completing the prison sentence, being pardoned until there is a basis for ending management, supervision, education, and assistance as stipulated in clause 1 Article 14 of Circular 10/2024/TT-BCA.
- The communal-level police where the individual who has completed their prison sentence or the pardoned individual resides implements the management, supervision, education, and assistance for the individual who has completed their prison sentence or the pardoned individual as per the regulations in Article 25 Decree 49/2020/ND-CP.
- Individuals conditionally released before serving the full sentence who are under probation are managed according to the Criminal Execution Law and Circular 65/2019/TT-BCA of November 28, 2019, of the Minister of Public Security regulating the criminal execution work in the community.
Circular 10/2024/TT-BCA takes effect on May 1, 2024.
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