What are aggravating factors in disciplinary measures for inmates in Vietnam applied from November 15, 2024?
What are aggravating factors in disciplinary measures for inmates in Vietnam applied from November 15, 2024?
Based on Article 29 of Decree 118/2024/ND-CP which regulates aggravating factors in disciplinary measures:
Article 29. aggravating factors in disciplinary measures
Inmates who violate with one or more of the following circumstances must be considered for stricter disciplinary measures:
- Organized violation, being the mastermind, leader, initiator, or actively, directly carrying out the violation; directing, threatening, coercing, forcing, luring, or instigating other inmates to violate.
- Continuous violation over a long period; multiple times or involving many people; using sophisticated and cunning methods; exhibiting thuggish and aggressive behavior; using means, items, or weapons with lethal potential; causing substantial consequences or damages.
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Thus, the aggravating factors in disciplinary measures for inmates are as follows:
- Organized violation, being the mastermind, leader, initiator, or actively, directly carrying out the violation
- Directing, threatening, coercing, forcing, luring, or instigating other inmates to violate.
- Continuous violation over a long period; multiple times or involving many people
- Using sophisticated and cunning methods
- Exhibiting thuggish and aggressive behavior
- Using means, items, or weapons with lethal potential
- Causing substantial consequences or damages
- Lacking self-awareness, honesty in admitting faults, shortcomings, or violations
- Providing false declarations, deliberately evading, or concealing violations
- Covering up for other inmates who violate
- Obstructing the provision of evidence, hindering or countering the investigation or handling of violations
- Retaliating against whistleblowers or those who provide information, evidence, or items related to violations
- Not accepting education, refusing to correct violations
- Having been educated, reminded, or disciplined but continuing to violate
- Exploiting natural disasters, fires, floods, or other particularly difficult circumstances to violate
- Violations against persons under 18, pregnant female inmates, inmates on maternity leave; inmates caring for children under 12 months old; inmates who are sick, elderly, disabled, or have limited ability to understand or control their behavior.
What are aggravating factors in disciplinary measures for inmates in Vietnam applied from November 15, 2024? (Image from the Internet)
What is the Working Time for Inmates in Vietnam?
According to Article 32 of the Law on Execution of Criminal Judgments 2019 regarding the labor policies for inmates:
Article 32. Labor Regime for Inmates
- Inmates are organized for labor suitable to their age, health, and to meet the requirements of management, education, and community reintegration. Inmate labor must be under the supervision and management of the prison or detention center. The working hours for inmates shall not exceed 08 hours per day and 05 days per week, with rest on Sundays, public holidays, and Tet as prescribed by law. In case of sudden or seasonal work, the prison warden may require inmates to work overtime, but the total overtime hours per day must not exceed the legal regulations on working hours. If inmates work overtime or on rest days, they shall be given compensatory rest or monetary/physical compensation.
The prison must implement necessary measures to ensure safety and occupational hygiene for inmates.
- Female inmates are assigned work suitable for their gender; they are not assigned work prohibited for female workers as per the labor law.
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Under the above regulation, the working time for inmates shall not exceed 08 hours per day and 05 days per week, with rest on Sundays, public holidays, and Tet as prescribed by law.
In case of sudden or seasonal work, the warden may require inmates to work overtime, but the total overtime hours must not exceed the legal regulations on labor hours.
If inmates work overtime or on rest days, they shall be given compensatory rest or monetary/physical compensation.
What are uses of inmates' labor fruits in Vietnam?
Based on Article 34 of the Law on Execution of Criminal Judgments 2019 which regulates the use of labor outcomes of inmates after deducting reasonable expenses:
- Supplementing the food allowance for inmates
- Establishing a Community Reintegration Fund to provide support for inmates upon completion of their imprisonment
- Adding to the welfare and reward fund of the prison
- Supporting investment back into the prison for organizing labor, education, vocational training for inmates; improving skills for inmates preparing to complete their sentence
- Paying a portion of labor remuneration to inmates directly involved in production; supporting inmates injured in labor accidents
