Pilot model of organizing labor activities, vocational guidance, and vocational training for prisoners outside the prison under the Ministry of Public Security of Vietnam from September 1, 2022?

Hello LAWNET, can prisoners go out of prison to work and receive a remuneration? How to organize labor activities, vocational guidance, and vocational training for prisoners outside the prison according to Vietnamese regulations? Thanks!

How is the inmate's labor regime regulated according to Vietnamese regulations?

Pursuant to the provisions of Article 32 of the Law on Criminal Judgment Execution 2019 of Vietnam stipulating the labor regime of inmates, accordingly:

- Inmates shall be assigned jobs fit for their age, and 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 exceed 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 the 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 following cases:

a) The inmate is sick or is unfit for work and is certified by the infirmary;

+ The inmate has received treatment at a health facility;

+ The child under 36 months of age residing with that female inmate is sick and certified by the infirmary;

+ The pregnant female inmate takes days off before and after giving birth as prescribed in labor law.

How are the results of the prisoners' labor used according to Vietnamese regulations?

Pursuant to the provisions of Article 34 of the Law on Criminal Judgment Execution 2019 guided by Article 17 of Decree 133/2020/ND-CP stipulating the use of inmates' labor results:

- Deduct 14% to supplement the inmates' meals

+ Based on this deducted budget, the warden of the prison decides to supplement the daily food for inmates but must not increase it more than 1/6 times the monthly food standard prescribed by law for each inmate. ;

+ For prisoners who work overtime, workers on holidays are entitled to a standard of food equal to 02 times the standard of normal meals (including 1 standard of daily meals guaranteed by the state budget) for each inmate.

- Deduct 2% to set up the Community Integration Fund to spend on counseling and support for prisoners when they finish serving their prison sentences. The prison conducts support activities and organizes civic education, legal education, counseling, job search, and other activities related to community reintegration for prisoners.

- Deduct 12% to pay part of the labor for inmates who are directly involved in production work, and to pay support for inmates suffering from occupational accidents.

+ 10% deduction to pay part of the labor for inmates who work directly;

+ Deduct 02% for support expenses for inmates suffering from occupational accidents.

- Deduct 22% to supplement the prison's welfare and reward fund

+13% to supplement the prison's welfare fund to carry out support activities for inmates to organize cultural, artistic, physical training and sports activities or when they are sick, at-risk when receiving treatment at the prison. infirmaries, dispensaries, and hospitals according to regulations;

+7% to supplement the prison's reward fund to reward inmates with outstanding achievements during sentence execution, the reward level must not exceed VND 2,000,000/time/1 inmate;

+2% shall be submitted to the Police Department managing prisons, compulsory education institutions, reformatories (for prisons managed by the Ministry of Public Security of Vietnam), the criminal judgment execution management agency of the Ministry of National Defense of Vietnam (for prisons under the management of the Ministry National Defense of Vietnam) as a fund to support annual review, preliminary and training activities.

- Deduct 50% of expenses for investment support back to prisons in service of labor organization, education, and vocational training for inmates; improve the skills of inmates who are ready to serve their prison sentences

+40% create common capital to reinvest in prisons, serve education, vocational training, purchase equipment, means, tools, and build facilities.

The management, use, payment, and settlement of funds are deducted to invest in projects, investment plans, procurement of equipment, means, working tools, and construction of facilities for the projects. prisons approved by competent authorities must comply with the provisions of law;

+10% vocational training and skill improvement training for prisoners. Superintendents of prisons must make estimates according to the guidance of the Police Department managing prisons, compulsory education institutions, and reformatories (for prisons managed by the Ministry of Public Security of Vietnam).

- Inmates may use the money specified at Points b, Clause 1 and Point a, Clause 5 of this Article according to regulations or send it to the prison for management and receive it back after serving the prison sentence.

- Results of inmate's labor and vocational training and activities serving the requirements of management, detention, and canteen serving the inmate's daily life, after deducting reasonable expenses, are not subject to payment. corporate income tax, value-added tax.

Pilot model of organizing labor activities, vocational guidance, and vocational training for prisoners outside the prison under the Ministry of Public Security of Vietnam from September 1, 2022?

Pilot model of organizing labor activities, vocational guidance, and vocational training for prisoners outside the prison under the Ministry of Public Security of Vietnam from September 1, 2022?

Contents of pilot activities of the model of organizing labor activities, vocational guidance, and vocational training for inmates outside prisons in Vietnam?

Pursuant to the provisions of Clauses 3, 4, 5, and 6, Article 1 of Resolution 54/2022/QH15 stipulates the contents of pilot activities of the model of organizing labor, vocational guidance, and vocational training activities for prisoners outside prison:

The pilot model of the organization of labor, vocational guidance, and vocational training activities for inmates outside the prison shall be carried out according to the following principles:

+ Ensure security and safety in the course of organizing labor activities, vocational guidance, and vocational training for inmates outside the prison; effectively serve the rehabilitation and community reintegration education for inmates; creating favorable conditions for inmates to find jobs after serving their prison sentences;

Inmates participating in labor, vocational guidance, and vocational training activities outside prison must be on a voluntary and equal basis, be paid part of their labor, and exercise their rights and obligations as prescribed in the Law on Criminal Judgment Execution of Vietnam;

+ Incomes of organizations cooperating with prisons from the results of inmates' labor, vocational guidance, and vocational training outside prisons during the pilot period are exempt from corporate income tax;

+ The industry or trade that organizes labor activities, and provides vocational guidance and vocational training for inmates outside prison is the industry or profession that produces goods for domestic consumption according to the provisions of law.

- Do not bring out the labor, vocational guidance, or vocational training areas outside the prison for inmates who fall into one of the following cases:

+ The inmate commits one the crimes of infringing upon national security, undermining peace, against humanity, and war crimes;

+ The prisoner has been sentenced to 02 or more times;

+ Dangerous recidivism inmates;

+ The inmate is the organizer in the case of an accomplice of a particularly serious crime;

+ The inmate has the remaining time of serving the prison sentence of over 07 years;

+ The inmate is a foreigner;

+ The inmate is suffering from a group A infectious disease according to the provisions of the Law on Prevention and Control of Infectious Diseases;

+ Inmates under 18 years old;

+ Inmates aged full 60 years or older;

+ Inmates are classified as serving prison sentences in the “Poor” category;

+ The inmate has escaped from a detention facility or from a compulsory education institution;

+ Inmates fall into one of the cases specified in Clauses 3 and 4, Article 32 of the Law on Criminal Judgment Execution.

- The People's Procuracy of the province where the prison is located shall pilot and directly supervise the execution of prison sentences in the labor, vocational and vocational training zones for inmates outside the prison.

- The People's Committees of districts and communes where the labor, vocational guidance, and vocational training zones are located for inmates outside the prison shall, within the ambit of their tasks and powers, coordinate with the prison in keeping the prisons safe. ensure security, order, and social safety in the locality.

Accordingly, according to the pilot model of organizing labor activities, vocational guidance, and vocational training for inmates outside prison, inmates may be allowed to go out under the supervision of competent agencies to work. and receive a share of the labor.

Resolution 54/2022/QH15 comes into force from September 1, 2022.

Thư Viện Pháp Luật

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