Shall inmates whose gender is not unidentified in Vietnam be held separately?

Hello, Lawnet provides the following explanation:

1. What is an inmate? What is a place of detention?

What is an inmate?

According to Clause 2, Article 3 of the Vietnamese Criminal Execution Law 2019, inmate means a person who is currently serving a termed prison sentence or a life sentence.

Additionally, Clause 1, Article 3 of the Vietnamese Criminal Execution Law 2019 stipulates that a sentenced person means a person who has been convicted of a crime and subject to a penalty under a court judgment or decision which becomes legally effective and has had an execution decision.

What is a place of detention?

According to Clause 3, Article 3 of the Vietnamese Criminal Execution Law 2019, a place of detention means a place where inmates are supervised, incarcerated and educated, including prisons, detention centers, custody houses.

Thus, a convict is a person who must serve a prison sentence, and a place of detention is a place to manage, detain inmates according to the law.

2. Shall inmates whose gender is not unidentified in Vietnam be held separately?

According to Article 30 of the Vietnamese Criminal Execution Law 2019, regulations on incarceration of inmates are as follows:

1. A prison shall organize inmate incarceration as follows:

- Prison sectors for inmates serving sentences of over 15 years' imprisonment or life imprisonment and inmates committing dangerous recidivism;

- Prison sectors for inmates serving sentences of 15 years or less in prison, inmates serving sentences of over 15 years’ imprisonment which have been reduced to under 15 years for good rehabilitation records; inmates who commit dangerous recidivism, have served half their sentences and have their sentences reduced;

- Disciplinary cells for inmates who are disciplined.

2. In prison sectors referred to in Clause 1, the following inmates shall be held separately:

- Female inmates;

- Inmates under 18 years of age;

- Foreign inmates;

- Inmates with infectious diseases category A as prescribed in the Law on Prevention and Treatment of Infectious Diseases;

- Inmates showing signs of mental diseases or other diseases that have deprived them of the consciousness or act control capacity pending a court decision;

- Inmates with children under 36 months of age residing with their mothers in prison;

- Inmates who repeatedly violate detention internal regulations.

3. Inmates who are LGBT or whose gender is unidentified may be held in segregation.

4. In a detention center, female inmates and inmates who repeatedly violate detention internal regulations shall be held separately.

5. Inmates shall be divided into teams and groups for working, learning and other activities. Depending on the characteristics of crimes, sentence levels and personal characteristics of inmates and their rehabilitation records, superintendents of prisons or detention centers shall decide the classification and transfer of inmates between prison sectors.

Thus, inmates whose gender is not unidentified can be held separately to ensure their rights and legitimate interests as stipulated in Clause 3, Article 30 of the Vietnamese Criminal Execution Law 2019.

Additionally, female inmates, inmates under 18 years old, foreign inmates, inmates with Group A infectious diseases, inmates showing signs of mental illness, etc., are also held separately. The classification and arrangement for inmate detention are based on factors such as the nature of the crime, the penalty, personal characteristics, execution performance, etc.

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