In Vietnam: Is it permissible for a lover to go to prison to visit inmate?

In Vietnam: Is it permissible for a lover to go to prison to visit inmate?

Pursuant to Article 4 of Circular 14/2020/TT-BCA stipulating subjects can meet inmates as follows:

1. Relatives allowed to meet inmates include: grandfathers and grandmothers; grandparents; Birth parents; father, mother-in-law (or husband); legally adopted parents; wife or husband; natural children, daughter-in-law, son-in-law, legally adopted children; brother, sister, brother-in-law, daughter-in-law; brother, sister-in-law (or husband); aunt, uncle, aunt, uncle, nephew. Each time to see an inmate, no more than 03 relatives, in special cases due to the requirements of re-education, the head of the inmate detention facility may decide to increase the number of relatives who can meet the inmate but not than 05 people and must ensure that the inmate's meeting with his/her relatives does not affect the security and safety of the inmate detention facility.

2. In case a representative of another agency, organization or individual requests to meet an inmate, the head of an inmate detention facility shall consider and settle the case if he considers it appropriate to the inmate's lawful interests as well as the inmate's legitimate interests. requirements for management, education and reform of inmates and crime prevention and control.

Thus, only relatives including the following people can enter the prison to visit inmates: Grandparents, grandparents; grandparents; Birth parents; father, mother-in-law (or husband); legally adopted parents; wife or husband; natural children, daughter-in-law, son-in-law, legally adopted children; brother, sister, brother-in-law, daughter-in-law; brother, sister-in-law (or husband); aunt, uncle, aunt, uncle, nephew. If you are a lover, you will not be allowed to enter the prison to visit inmates according to regulations.

What documents are required for a relative who is under 14 years old who is not in the visitation book to visit the inmate in prison in Vietnam?

According to Article 5 of Circular 14/2020/TT-BCA, the procedure for inmates to meet their relatives, representatives of other agencies, organizations or individuals is as follows:

1. Relatives who come to see the prisoner must be the person whose name is in the Book to meet the inmate (in case the first meeting does not have the Book or is not in the Book, there must be papers and documents proving that they are the relative of the inmate) or An application to meet an inmate certified by the commune-level People's Committee or the commune-level police station where he/she resides or the agency or organization where he/she is working or studying and must have one of the following personal papers (except for people under 14 years old): Identity card or citizen identity card or Passport or papers proving that they are officers, soldiers or employees if they belong to the armed forces.

For inmates who are foreigners, the procedures for inmates to meet their relatives shall comply with the provisions of Clause 5, Article 52 of the Law on Criminal Judgment Execution 2019.

2. The representative of another agency, organization or individual must make a written request when visiting the prisoner (for individuals, the written request must be made by the agency where he or she is working or studying or the local government. certified by the locality of residence) and must have one of the personal papers specified in Clause 1 of this Article.

3. In case the person who comes to see the inmate does not have personal papers, he/she must have an application to be pasted with a photo issued by the commune-level People's Committee or the commune-level police station where he/she resides or the agency or organization where he/she is working. Work, study, confirm, stamp the application and stamp the border on the photo.

4. Inmates who are allowed to meet their spouses in a separate room as prescribed at Points b and c, Clause 1, Article 3 of this Circular must have completed the procedures prescribed in Clause 1 of this Article and the following papers: Certificate of termination marriage or Marriage extract or Certificate of marital status issued by the commune-level People's Committee showing that the relative is the inmate's spouse; an application to meet husband and wife in a private room of the inmate's relative, concurrently committing to the observance of the laws and regulations of the House of inmates, and prevention and control of infectious diseases; An application to meet husband and wife in the prisoner's private room and at the same time commit to complying with the law, the rules of the inmate detention facility, the house rules for meeting inmates, and the legal regulations on population and planning. current family; Female prisoners must use contraception and have a written commitment not to become pregnant to ensure the time to serve their prison sentences.

5. Inmates who are under 18 years of age are entitled to an extension of time to see their relatives in a private room for no more than 24 hours as prescribed in Clause 2, Article 3 of this Circular, and must submit an application to meet their relatives in a private room, committing to accept the request. enforce the law, the internal rules of the inmates' detention facility, the house rules for meeting inmates; Inmate's relatives must also have an application to meet the inmate in a private room, commit to complying with the law and house rules.

6. Inmate detention facilities shall issue the inmate meeting book and deposit the deposit according to the agreed form of the Police Department managing the prison, compulsory education institution, reformatory, and inmate meeting book which must be approved by the Prime Minister. The head of the inmate detention facility shall sign and stamp and must be certified by the commune-level People's Committee or the commune-level police station where he/she resides or the agency or organization where he/she is working or studying. person who is a relative of the prisoner.

As regulations above, for visiting relatives who are under 14 years old who are not listed in the Visitation Book, they must have papers and documents proving that they are relatives of the inmate (Household book, birth certificate, passport, etc.). ..) or an application to meet an inmate certified by the commune-level People's Committee or the commune-level police station where he/she resides or the school where he/she is studying.

In what cases can inmates have an extension of time to see their relatives in Vietnam?

In Clause 1, Article 3 of Circular 14/2020/TT-BCA, the meeting regime of prisoners is as follows:

1. Inmates may meet their relatives according to the provisions of Clause 1, Article 52 of the Law on Execution of Criminal Judgments. Inmates may have an extension of time to meet their relatives; meet husband and wife in a separate room in one of the following cases:

a) There are at least two quarters adjacent to the time of meeting with relatives classified as serving a prison sentence of good or higher and the time from the time of classification of the nearest quarter to the time of meeting with the relatives to be commented and evaluated. , classified as serving a prison sentence of good or higher or because of the requirements of the re-education work, the time to meet relatives at home to meet the inmate may be extended but not exceed 03 hours;

b) There are at least two quarters adjacent to the time of meeting with relatives classified as serving prison sentences of good or higher and the time from the time of classification of the nearest quarter to the time of meeting with the relatives to be commented and evaluated. , classified as serving a prison sentence of good or higher, they may meet their husband and wife in a separate room for no more than 03 hours;

c) There have been at least four quarters adjacent to the time of meeting with a well-classified relative, and the time from the time of classification of the nearest quarter to the time of meeting with the relative to be commented, evaluated and classified serving prison sentence. If they are good and are rewarded for their work and study achievements as prescribed in Clause 1, Article 41 of the Law on Criminal Judgment Execution of 2019, they can meet their spouses in a separate room from over 3 hours to no more than 24 hours.

Thus, inmates may be able to extend the time to see their relatives in the cases specified above.

Best regards!