Basic content of the annual labor organization plan for inmates in Vietnam

This is a notable content in Decree 133/2020/ND-CP detailing the implementation of certain provisions of the Law on Execution of Criminal Judgments, issued on November 09, 2020.

Basic  Content  of  the  Annual  Labor  Organization  Plan,  Decree  133/2020/ND-CP

Basic content of the annual labor organization plan for inmates in Vietnam​ (Illustrative image)

According to Article 16 of Decree 133/2020/ND-CPthe Superintendent of the detention facility in Vietnam, based on the specific conditions of the detention facility as specified in Clause 1, Article 15 of this Decree, shall make a plan for organizing labor and vocational training for inmates, and send it to the Agency for Criminal Judgment Execution under the Ministry of Public Security of Vietnam (for detention facilities managed by the Ministry of Public Security), and the Agency for Criminal Judgment Execution under the Ministry of National Defense (for detention facilities managed by the Ministry of National Defense) before August 15 each year for appraisal and approval. The Director of the Department of Police for detention facility Management, Compulsory Education Institutions, and Reform Schools under the Ministry of Public Security, the Head of the Agency for Criminal Judgment Execution under the Ministry of National Defense, and the Head of the Military Region Criminal Judgment Execution Agency are responsible for reviewing and approving the annual labor organization plan of the detention facility. The annual labor organization plan for inmates must include the following basic contents:

- Total number of inmates, including the number of inmates eligible to work under the law;

- Estimated costs for labor and vocational training; depreciation of fixed assets;

- Estimated results obtained from the labor and vocational training of inmates; the difference between revenue and expenditure in organizing labor and vocational training for inmates;

- Proposed plan for using the results of inmate labor and vocational training as stipulated in Article 17 of this Decree.

Additionally, the detailed annual labor and vocational training plan shall be executed as follows:

- After the labor and vocational training plan is approved by the competent authority, the Superintendent of the detention facility, based on the specific conditions of the detention facility, the capability to cooperate with organizations and individuals, and the level, gender, health status, sentence nature, and classification of inmates, organizes labor and vocational training for inmates;

- During the organization of labor and vocational training for inmates, if there are unforeseen events such as natural disasters, fires, epidemics... that prevent the detention facility from completing the assigned plan targets, the Superintendent of the detention facility shall send a written report to the Department of Police for detention facility Management, Compulsory Education Institutions, and Reform Schools under the Ministry of Public Security (for detention facilities managed by the Ministry of Public Security), the Agency for Criminal Judgment Execution under the Ministry of National Defense (for detention facilities managed by the Ministry of National Defense), and the Military Region Criminal Judgment Execution Agency (for detention facilities managed by the Military Region) to request appraisal and approval for adjustment of the labor organization plan for inmates.

For detailed content, refer to Decree 133/2020/ND-CP, effective from December 25, 2020.

Le Vy

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