Guidance on determining inmate's performance grade as "poor" in Vietnam from November 15, 2024

Guidance on determining inmate's performance grade as "poor" in Vietnam from November 15, 2024 (Image from the internet)

Guidance on determining inmate's performance grade as "poor" in Vietnam from November 15, 2024

According to Article 23 of Decree 118/2024/ND-CP, which provides guidance on the determining inmate's performance grade as "poor" in Vietnam:

An inmate is graded as poor when they fall into one of the following cases:

(1) Do not belong to cases graded as good, fairly good, or average as stipulated in Articles 20, 21, and 22 of Decree 118/2024/ND-CP.

(2) inmates are subject to disciplinary sanction or solitary confinement due to frequent violations of the regulations of the detention facility without being recognized for any progress in reform.

(3) inmates commit new crimes during the serving of their prison sentences and are graded as poor for the first 04 quarters after arriving at the detention facility to serve the sentence according to the new enforcement decision or after the detention facility receives the new enforcement decision.

(4) inmates commit new crimes while awaiting enforcement, are suspended, or are temporarily deferred from serving prison sentences, then are graded as poor for the first 04 quarters after arriving at the detention facility to serve the sentence according to the new enforcement decision.

In cases where during the deferment or temporary suspension of serving a prison sentence the law is violated affecting security or order, or the inmate escapes and the Court decides to cancel the deferment or suspension, they are graded as poor for the first 02 quarters after arriving at the detention facility to serve the sentence.

(5) inmates who were released early under conditional conditions but commit new crimes during the probation period are graded as poor for the first 04 quarters after returning to serve the prison sentence according to the new enforcement decision.

In cases where inmates were released early under conditional conditions but violate obligations during the probation period and the Court orders them to return to a detention facility to continue serving the remaining prison sentence, they are graded as poor for the first 02 quarters.

(6) inmates who do not voluntarily report their criminal acts to the detention facility are graded as poor for 04 quarters after arrival if discovered and tried by a different court judgment.

(7) inmates tried by a different court judgment while serving the current sentence but fail to truthfully report are graded as poor for 04 quarters from the date of discovery.

(8) inmates subject to compulsory treatment who escape or violate detention facility regulations more than twice during the treatment period are graded as poor for the first 02 quarters after returning to serve the prison sentence. If they commit new crimes during compulsory treatment, they are graded as poor for the first 04 quarters after returning to serve the sentence according to the new enforcement decision.

(9) inmates who, despite having their complaints resolved or answered by competent authorities according to the law, persist in unlawful complaints regarding court judgments, decisions, or other issues related to serving their prison sentences, are graded as poor until ceasing complaints.

(10) inmates committing offenses while being held temporarily, detained, or under preventive measures such as a travel ban, surety, bail, or money deposit to ensure obligations, or having their travel suspended under the Criminal Procedure Code, or during probation, rehabilitation without detention, are graded as poor for the first 02 quarters after arriving at the detention facility to serve the prison sentence.

More details can be found in Decree 118/2024/ND-CP which comes into force in Vietnam from November 15, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE