What is the maximum number of visitors allowed when visiting the inmates in Vietnam?

1. What is the maximum number of visitors allowed when visiting the inmates in Vietnam?

Pursuant to Article 4 Circular 14/2020/TT-BCA issued by the Ministry of Public Security of Vietnam, the persons allowed to visit inmates include:

(1) Relatives who can visit the inmate comprise: Paternal grandparents; maternal grandparents; biological parents; parents-in-law; legal adoptive parents; spouse; biological children, daughters-in-law, sons-in-law, legal adoptive children; biological siblings, their spouses; siblings-in-law; aunts, uncles, and cousins.

Each visit to an inmate can have a maximum of 03 relatives. In special cases, due to the requirements of education and rehabilitation, the Head of the detaining facility may decide to increase the number of visitors but not exceeding 05 people, ensuring that the visit does not affect the security and safety of the facility.

(2) For cases where representatives from agencies, organizations, or other individuals request to visit the inmate, the Head of the detaining facility may consider and approve if it aligns with the inmate's lawful interests and the requirements for management, education, rehabilitation, and crime prevention.

Thus, each visit by relatives to an inmate can include at most 03 persons, and in special cases, the Head of the detaining facility can increase this to no more than 05 people.

2. How often can inmates meet with family members each month?

According to Articles 43, 52, and 76 of the Law on Execution of Criminal Judgments 2019, the frequency of visits by relatives to inmates varies depending on the particular circumstances of the inmate. To be specific:

* For inmates aged 18 and over:

- An inmate aged 18 and over is entitled to visit by relatives once a month, for a duration not exceeding 01 hour per visit.

- Based on rehabilitation classification results, educational reform requirements, labor achievements, and learning outcomes, the visit duration may be extended to no more than 03 hours or the inmate may be allowed a private visit with their spouse for no more than 24 hours.

- If rewarded or honored for good conduct, the inmate is entitled to an additional visit once a month. However, if they violate the facility’s regulations, they can only meet relatives once every two months, for no more than 01 hour each time.

- If confined in a punishment cell, the inmate loses the right to meet relatives during that confinement period.

* For inmates under 18 years old:

- An inmate under 18 is entitled to visit by relatives up to 03 times a month, for a duration not exceeding 03 hours per visit.

- Based on rehabilitation classification results, educational reform requirements, labor achievements, and learning outcomes, the detention camp superintendent may decide to extend the visit duration to no more than 24 hours.

- An inmate under 18, if rewarded, is entitled to an additional visit once a month.

- If confined in a punishment cell, the inmate under 18 loses the right to meet relatives during that confinement period.

Thus, inmates are generally allowed to meet their relatives once a month, while inmates under 18 can meet their relatives up to 03 times a month. In cases of rewards or honors, an additional visit once a month is permitted.

3. What are responsibilities of inmates and visitors in Vietnam?

According to Article 6 of Circular 14/2020/TT-BCA on the responsibilities of inmates and visitors include:

- When meeting relatives, agency representatives, organizations, or other individuals, inmates must wear neat and clean clothing issued by the detaining facility (if newly arrived at the facility and not yet issued clothing, they may wear personal long clothing but must be stamped according to the facility’s regulations); strictly adhere to the facility’s regulations, the visitor house's rules, and follow the guidance of the responsible staff organizing the visits.

- Relatives, representatives of agencies, organizations, or other individuals visiting inmates must strictly comply with the law, the visitor house's regulations, the facility's regulations, and follow the guidance of the responsible staff and other responsible personnel. Relatives, individuals, and representatives of agencies and organizations are prohibited from bringing prohibited items as prescribed by the Ministry of Public Security into the visitor house. If sending items to inmates, they must declare the items on a delivery form and take legal responsibility for the items sent. For private room visits, only personal clothing, towels, toothbrushes, toothpaste, combs, drinking water, contraceptives, and equipment to prevent sexually transmitted diseases are allowed when visiting a spouse.

- During communication, visitors and inmates must use the Vietnamese language, except for ethnic minorities and foreigners who do not know Vietnamese, where other languages are permitted. Those with hearing or speech impairments may use sign language or communication aids, provided these are inspected by responsible staff before use.

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