Criteria and standards for classifying inmates' compliance with prison sentences in vietnam

Criteria and standards for classifying inmates' compliance with prison sentences in vietnam​ (Illustrative image)

According to Article 19 of Decree 133/2020/ND-CP, the review, evaluation, and determination of the classification results of the execution of imprisonment sentences for each inmate in Vietnam are based on the following responsibilities and obligations they fulfill:

- The degree of repentance and acknowledgment of their guilt;

- Compliance with the court's judgment, the decisions of competent authorities in the execution of criminal judgments, and other state authorities' decisions;

- Adherence to the internal regulations of the detention facility, related laws, and regulations of the detention facility;

- Participation in prescribed education, labor, learning, and vocational training programs and activities;

- Remediation of consequences caused by their criminal actions;

- Fulfillment of other responsibilities and obligations of inmates as prescribed by the Law on Criminal Judgment Execution and other related laws.

Note: An inmate in Vietnam must fulfill all criteria for classifying the execution of imprisonment sentences to be classified as good:

- Repentance, acknowledgment of their guilt, having a correct attitude and mindset, being assured in study, labor, and improvement, striving to become a useful person to society;

- High responsibility spirit, voluntarily and strictly complying with the court's judgments, decisions of competent authorities in the execution of criminal judgments, and other state authorities' decisions;

- Strictly, fully complying with the internal regulations of the detention facility, related laws, and regulations of the detention facility; truthfully reporting and denouncing the criminal actions of others they know, actively preventing and combating negative behaviors and violations by other inmates;

- High responsibility spirit, voluntarily, actively engaging in labor, strictly complying with the assignments of officials, fully participating in 100% of labor days, producing high-quality, efficient labor results, completing 100% of work quotas and exceeding quotas or deadlines, successfully completing other urgent tasks, strictly following labor discipline, safety, and hygiene, and having a spirit of helping other inmates in their work. High responsibility spirit, actively participating in study, vocational training, and extracurricular educational activities as prescribed; fully participating in study sessions with results of good or higher; striving to enhance knowledge, understanding, and vocational skills;

- Strictly, fully complying with the disciplinary lifestyle, order, and cultural communications and interactions among inmates; actively participating in and having outstanding achievements in emulation movements; having a spirit of helping other inmates to advance;

- Actively remedying the consequences caused by their criminal actions. If an inmate is subjected to an additional fine, court fees, compensation for damages, or other civil obligations, they must have fulfilled these obligations. If exempted from execution or the judgment temporarily holds money for execution, and the amount is equal to or greater than the amount to be remedied or assets have been seized, confirmed by the civil judgment enforcement agency managing the case, it is considered that the consequences have been remedied. If the victim or the victim's legal representative has a written agreement to write off the debt or confirms receipt of the full amount stated in the judgment, confirmed by the managing civil judgment enforcement agency or the commune-level People's Committee of the residence, it is considered that the consequences have been remedied. If an inmate has monthly maintenance obligations, at the classification period, confirmed by the commune-level People's Committee of the recipient's residence or the managing civil judgment enforcement agency as having fulfilled up to that point, it is considered that they have actively remedied the consequences. If an inmate, when committing the crime, was under 18 years of age and the court decided that the parents or legal representative must compensate for civil damages, if they have fulfilled the obligations or the inmate has repeatedly written letters, contacted by phone or directly urged, but only partially fulfilled, it is considered that they have actively remedied the consequences;

- Strictly, fully complying with other responsibilities and obligations of inmates as prescribed by the Law on Criminal Judgment Execution and other related laws.

Detailed content can be found at Decree 133/2020/ND-CP, effective from December 25, 2020.

Le Vy

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