On November 9, 2020, the Government of Vietnam issued Decree 133/2020/ND-CP detailing the implementation of certain provisions of the Law on Criminal Judgment Execution.
Each violation committed by an inmate in Vietnam is handled only once (Illustrative photo)
Article 20 of Decree 133/2020/ND-CP stipulates that inmates in Vietnam who commit violations must be promptly and strictly disciplined, in accordance with the law. Each violation is only handled once with one form of discipline. In the same case involving multiple inmates, each inmate is disciplined for their own violation. In the same case, if a inmate commits multiple violations, one form of discipline is applied collectively, and individual violations are not separately disciplined with different forms.
When disciplining inmates in Vietnam, it is necessary to consider and clarify the nature, extent, consequences, motives, purpose, and causes of the violation; mitigating and aggravating circumstances regarding the form of discipline; the level of remorse, sincerity in confessing, determination to rectify the violations, and efforts to remedy the consequences to apply an appropriate form of discipline. If the disciplinary action taken is found to be non-conformable, it must be annulled or revised to better fit the nature and extent of the violation.
For inmates with multiple mitigating circumstances, those who show remorse, pledge actively to rectify the violations, or make amends, consideration for lighter disciplinary action can be given. If a inmate undergoing disciplinary action is transferred to another detention facility, the disciplinary decision must continue to be enforced. The head of the detention facility shall make decisions to discipline, amend, or annul the disciplinary decision in writing and file it in the inmate’s record.
For detailed content, see Decree 133/2020/ND-CP, effective from December 25, 2020.
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