What are tasks and powers of agencies executing prison sentences in Vietnam? What are regulations on detention centers of prisons in Vietnam?
What are tasks and powers of agencies executing prison sentences in Vietnam? What are tasks and powers of superintendents in Vietnam? Hoping to get advise to the above questions soon.
In Clauses 1 and 2, Article 17 of the Law on Execution of Criminal Judgments 2019, there are provisions on tasks, powers and organizational structure of prisons:
1. Prisons, as agencies executing prison sentences, have the following tasks and powers:
a) Admitting inmates and managing the incarceration, education and rehabilitation of inmates;
b) Notifying relatives of inmates of the admission of inmates and their serving of sentences;
c) Requesting competent courts to consider deciding reduction of the duration of serving prison sentences, suspension of the serving of prison sentences, parole granted to inmates as per the law;
d) Following inmate transfer orders of competent authorities or persons;
dd) Receiving personal possessions and money voluntarily handed by inmates and relatives of inmates at prisons for judgment execution, transfer them to civil judgment enforcement agencies of places in which the courts which have conducted first-instance trial of the cases are based or civil judgment enforcement agencies are delegated to enforce the judgments ; receiving personal possessions and money from civil judgment enforcement agencies and handing them to inmates under the Law on Enforcement of Civil Judgments;
e) Cooperating with civil judgment enforcement agencies in providing information about places where inmates serve their prison sentences, the exercise of civil rights and performance of civil obligations of inmates, to the places of residence of persons who are granted pardon, exempted from serving prison sentences or parolees; transferring documents related to inmates sentenced to payment of fines, confiscation of property and other civil obligations;
g) Issuing certificates of complete serving of prison sentence and certificates of parole;
h) Carrying out procedures for handling cases of deceased inmates;
i) Escorting, delivering foreign inmates under court decisions on the transfer of persons currently serving prison sentences; admitting, and managing the incarceration, education and rehabilitation of Vietnamese inmates who committed crimes and were sentenced to prison in foreign countries and have been transferred to Vietnam for serving their sentences; implementing the provisions of this Law on execution of the expulsion sentence;
k) Following statistics and report regulations on execution of prison sentences;
l) Performing other tasks and powers as per the law.
2. Superintendents have the following tasks and powers:
a) Organizing the performance of tasks and powers of prisons as provided in Clause 1 of this Article;
b) Issuing decisions to classify inmates and organize incarceration of inmates according to their categories; decisions on inmate's performance grade, decisions on upgrading or downgrading in inmate's category, decisions on recognition of inmate convicted of disciplinary offence making progress, decisions on certain initial investigation measures in accordance with laws and regulations, decisions on suspension of wanted notice upon successful capture of inmates escaping from prison; and decisions on commendation for and disciplinary actions against inmates;
c) Deciding to check, seize and handle articles and documents on the ban list;
d) Issuing decisions to transfer inmates for medical examination and treatment, management, labor and learning purposes; to transfer inmates who suffer illnesses so serious that they cannot take care of themselves or have children under 36 months of age residing with their mothers in prison and suffering illnesses which require treatment to treatment wards at hospitals;
dd) Releasing wanted notices and cooperating in organizing forces to promptly pursue inmates escaping from prison.
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