Criteria for selecting inmates for labor activities outside prison in Vietnam

Criteria for selecting inmates for labor activities outside prison in Vietnam (Internet image)

1. Criteria for selecting inmates to labor activities outside prison in Vietnam

Methods and criteria for selecting inmates to labor activities outside prison in Vietnam are specified in Article 6 of Decree 09/2023/ND-CP as follows:

- Inmate selection method:

The prison disseminates conditions and standards for inmates to compare and voluntarily submits an application to participate in labor or vocational training outside the prison. The prison superintendent directs professional teams to coordinate and select inmates according to regulations.

- Inmates other than those specified at Points a to m, Clause 4, Article 1 of Vietnam's Resolution 54/2022/QH15, may be sent to labor, vocational guidance, or vocational training zones outside the prison, which must satisfy the following conditions:

+ Having a clear place of residence.

+ Strictly abiding by the internal rules of inmate detention facilities, have a sense of progressive reform.

+ For inmates with sentences of more than 15 years, life imprisonment must be in the case of first offenses, have been reduced in serving term, and the remaining serving time is 7 years or less, at least 12 months adjacent to the time of consideration and approval are classified "Good" or "Excellent";

+ For inmates with a sentence of 15 years or less, they must fall into the category of a first offense and satisfy the following conditions: inmates with a prison sentence of over 7 to 15 years must serve 1/3 of the sentence, the remaining serving time is 7 years or less; their prison term is reduced, have at least 09 months adjacent to the time of review; and they are rated "Good" or "Excellent"; inmates with sentences of more than 3 years to 7 years with at least 6 months adjacent to the time of review and approval are classified as "Good" or "Excellent"; Inmates with a sentence of 3 years or less with at least 3 months adjacent to the time of review are classified as "Good" or "Excellent".

+ For the number of inmates with a history of drug addiction, it is necessary to carefully and closely consider, only select the number of inmates who no longer show signs of drug dependence to be sent to the labor, vocational guidance, and vocational training area outside the prison.

2. Criteria for selecting organizations to cooperate with prisons to organize jobs, vocational guidance, and vocational training activities for inmates outside prisons in Vietnam

Criteria for selecting organizations to cooperate with prisons to organize jobs, vocational guidance, and vocational training activities for inmates outside prisons in Vietnam are as follows:

- Not being owned by foreign individuals or organizations; not a joint venture with, associated with, or having foreign investment capital.

- Having an enterprise registration certificate issued and issued by a competent state agency; a business license for the professions of labor cooperation is conditional.

- Having documents proving the lawful ownership and use rights to land and land-attached assets to organize labor, vocational guidance, and vocational training activities.

- The location of the labor, vocational guidance, and vocational training zones for inmates outside the prison must be in an area with a stable security and order situation;

Having a distance of no more than 50km from the nearest station in the prison to facilitate the management, inspection, supervision, and timely handling of unexpected and unexpected situations that may occur; being surrounded by walls and fences, separate from residential areas.

- Organizations capable of performing labor, vocational guidance, and vocational training activities for a group or team of inmates or more; to ensure conditions for incarceration management, inmate education, medical care, culture, art, physical training, and sports for inmates;

Having occupations permitted by law for production and business that are not on the list of heavy, hazardous, and dangerous occupations and jobs of level V or higher according to Circular 11/2020/TT-BLDTBXH on the List of arduous, hazardous, and dangerous occupations and jobs, and particularly heavy, hazardous, and dangerous occupations and jobs.

In the case of being on the list of remaining occupations under permissible conditions, the organization must commit to safe operations for inmates.

(Article 4 of Decree 09/2023/ND-CP)

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