From December 25, 2020, inmates in Vietnam must submit a voluntary application to participate in labor activities

From December 25, 2020, inmates in Vietnam must submit a voluntary application to participate in labor activities​ (Illustrative Photo)

According to Article 16 of Decree 133/2020/ND-CP, the warden of the detention facility in Vietnam, based on the specific conditions of the detention facility, the provisions of Clause 1, Article 15 of this Decree, and the needs and cooperation capabilities with organizations and individuals specified in Clause 1, Article 33 of the Law on Execution of Criminal Judgments, shall establish a proposal, plan, and project for labor cooperation and vocational training for inmates at the labor and vocational training area for inmates according to the provisions of Point b, Clause 5, Article 6 of this Decree, submitted to the Director of the Department of detention facility Management, Compulsory Education, and Vocational Training Centers under the Ministry of Public Security (for detention facilities managed by the Ministry of Public Security), the Head of the Criminal Judgment Execution Agency under the Ministry of National Defense (for detention facilities managed by the Ministry of National Defense), and the Head of the Military Region Criminal Judgment Execution Agency (for detention facilities managed by the Military Region) for consideration, appraisal, approval, and establishment before organizing for inmates to labor and receive vocational training.

Additionally, the labor and vocational training area by cooperating organizations or individuals must ensure conditions for management, labor organization, vocational training, living, security, and safety supervision of inmates, and must comply with the guidance and approval of the Head of the Criminal Judgment Execution Agency under the Ministry of Public Security (for detention facilities managed by the Ministry of Public Security), the Head of the Criminal Judgment Execution Agency under the Ministry of National Defense (for detention facilities managed by the Ministry of National Defense). Cooperating organizations and individuals must hand over the management and use of the labor and vocational training area to the detention facility during the cooperation period. Cooperative organizations and individuals are responsible for guiding, vocational training, imparting crafts, arranging labor sectors, ensuring labor conditions, and labor safety for inmates participating in labor and vocational training according to the provisions of the law. They are obligated to pay the detention facility the value of the inmates' labor, and cover the costs related to organizing labor and vocational training during the cooperation period according to the provisions of the law;

In particular, inmates participating in labor and vocational training at the labor and vocational training area organized by cooperating organizations and individuals with the detention facility must voluntarily apply to participate in labor and vocational training and be selected according to standards and inmate classification. The detention facility directly supervises, manages, and organizes labor and vocational training for inmates according to the provisions of the law, with labor policies, responsibilities, and obligations in compliance with the provisions of Clause 1, Article 16 of Decree 133/2020/ND-CP;

Moreover, the detention facility directly manages, organizes, and arranges for inmates to participate in labor and vocational training at the labor and vocational training area by cooperating organizations and individuals according to the provisions of the law, ensuring labor policies, living conditions, benefits for inmates, management organization, and allocation of funds derived from the results of inmates' labor at the labor and vocational training area according to the provisions of Article 17 of Decree 133/2020/ND-CP.

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

Le Vy

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