Do Juvenile Inmates Under 18 Years Old Have to Participate in Labor in Prison?

My younger sibling is only 17 years old but is about to go to prison for the crime of intentional injury. So, when in prison, will my sibling have to participate in labor?

Based on Clause 1, Article 16 of Decree 133/2020/ND-CP on labor policies for prisoners as follows:

During the time of serving a prison sentence, prisoners are obligated to work to reform and become useful citizens for society; The head of the prison is responsible for arranging labor for prisoners suitable to the age, health, gender, sentence duration, nature, and severity of the criminal acts of each prisoner, and to meet the management, detention, and educational reform requirements of prisoners.

- Prisoner labor must be under the supervision and management of the prison. The working time of prisoners should not exceed 08 hours in 01 day and 05 days a week, with breaks on Sundays, holidays, and Tet. In urgent cases or due to vocational training requirements, the prison head may require prisoners to work overtime but not exceeding the total overtime hours in a day as prescribed by labor law, not more than 02 hours in 01 day; not more than 30 hours in 01 month and not more than 200 hours in 01 year; prisoners who work overtime or on Saturdays and Sundays will receive compensatory leave or remuneration in money or in kind;

- Heavy, harmful work as listed by law should not be arranged for prisoners who are males aged 60 and above, prisoners under 18 years old, female prisoners, or prisoners classified by the prison medical service as not healthy enough (suffering from disease or having physical or mental deficiencies);

- Prisoners are permitted to take breaks from labor in cases such as pregnant female prisoners who are entitled to rest before and after childbirth according to law, prisoners who are ill, prisoners undergoing treatment at the infirmary or hospital, or prisoners with children under 36 months old who are staying with their mothers in prison if the child is ill and is certified by the prison medical service.

Thus, according to the regulations, work should be arranged suitable to the health and physical condition of each prisoner, including those under 18 years old. Therefore, your younger sibling's case will not be exempt from labor participation in prison.

Respectfully!

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