Circular 10/2024/TT-BCA regulating the work of community reintegration for persons who have completed their prison sentences by the People's Public Security forces of Vietnam
Circular 10/2024/TT-BCA regulating the work of community reintegration for persons who have completed their prison sentences by the People's Public Security forces of Vietnam
On March 15, 2024, the Minister of Public Security issued Circular 10/2024/TT-BCA on the regulations for community reintegration for individuals who have completed their prison sentences by the People's Public Security forces.
Circular 10/2024/TT-BCA takes effect from May 1, 2024.
Based on Article 7 of Circular 10/2024/TT-BCA, the subjects for acceptance, management, supervision, education, and assistance include:
- Individuals who have completed their prison sentences, including those who have completed their prison sentences and individuals who were conditionally released before the end of their term and have completed their probation period and have been granted a certificate of completion of their prison sentences but have not had their criminal records expunged.
- Individuals granted pardon, including those pardoned and those temporarily suspended from serving their prison sentences and have been granted pardon certificates but have not had their criminal records expunged.
Circular 10/2024/TT-BCA regulating the work of community reintegration for persons who have completed their prison sentences by the People's Public Security forces of Vietnam (Image from the Internet)
What are procedures for receiving individuals who have completed their prison sentences, individuals who have been granted pardon in Vietnam?
Based on Article 9 of Circular 10/2024/TT-BCA, it stipulates the procedures for receiving individuals who have completed their prison sentences, individuals who have been granted pardon in Vietnam as follows:
Procedures for Accepting Individuals Who Have Completed Their Prison Sentences or Those Pardoned
- When individuals who have completed their prison sentences or those pardoned report to the headquarters of the commune-level People's Committee, the Head of the commune-level Police assigns officers to work directly with them. The working content includes:
a) Informing them of the policies, laws of the Communist Party, and the State for individuals who have completed their prison sentences or those pardoned;
b) Understanding the thoughts and aspirations of the individuals who have completed their prison sentences or those pardoned;
c) Guiding the procedures for registration and management of residence, and issuance of citizen identification cards for individuals who have completed their prison sentences or those pardoned;
d) Counseling and providing information on job creation, loans from the Social Policy Bank, and other necessary issues to facilitate early reintegration into the community;
dd) Requiring the individuals who have completed their prison sentences or those pardoned to comply strictly with the law and the regulations of organizations, agencies, and localities where they work, study, and reside;
e) Preparing a working record with the individuals who have completed their prison sentences or those pardoned, in which they are required to commit to not violating the law, and not reoffending (Form HCD-05);
g) Preparing an information sheet for the individuals who have completed their prison sentences or those pardoned (Form HCD-02).
...
Thus, the procedures for accepting individuals who have completed their prison sentences or those pardoned are as follows:
Step 1: Individuals who have completed their prison sentences or those pardoned report to the headquarters of the commune-level People's Committee.
Step 2: The Head of the commune-level Police assigns officers to work directly with the reporting individuals.
Step 3: Prepare a working record with the individuals who have completed their prison sentences or those pardoned, requiring them to commit to not violating the law, and not reoffending.
Step 4: Prepare an information sheet for the individuals who have completed their prison sentences or those pardoned.
What are regulations on evaluation and classification of individuals who have completed their prison sentences or those pardoned in Vietnam?
Based on Article 12 of Circular 10/2024/TT-BCA, individuals who have completed their prison sentences or those pardoned are evaluated and classified into one of four groups:
[1] Group A
- Compliance with the law
- Favorable conditions for community reintegration, such as having stable employment
- Living in a good environment
- Leading a stable life
[2] Group B
Compliance with the law but facing difficulties in community reintegration, such as:
- Unemployed or having unstable employment
- Facing life difficulties
- Feeling self-conscious or inferior
[3] Group C
- Lacks compliance with the law, does not adhere to the management, supervision, education, or assistance requirements of the organization or those directly assigned to manage, supervise, educate, or assist them
- At risk of violating the law, living in a complex security and order environment
- Living or family circumstances conducive to violating the law
[4] Group D: Currently in detention centers, temporary detention facilities, compulsory education centers, reformatory schools, or compulsory rehabilitation facilities.
Sincerely!
