Guidance on the use of labor and vocational training results of inmates in Vietnam

Guidance on the use of labor and vocational training results of inmates in Vietnam​ (Illustrative photo)

Article 17 of Decree 133/2020/ND-CP stipulates that the result of inmates’ labor in Vietnam is the positive balance from organizing labor and vocational training activities, after deducting reasonable expenses specified in point b, clause 5 of Article 16, to be used as follows:

Firstly, allocate 14% to supplement inmates' meals:

- Based on this allocated budget, the warden decides on the daily meal supplement for inmates, but it should not exceed 1/6 of the monthly meal standard prescribed by law for each inmate;

- For inmates working overtime or on holidays, they are entitled to double the normal daily meal standard (of which one standard meal is covered by the state budget) for each inmate. If this additional meal standard is not used as prescribed, inmates can send it to the prison for management and reclaim it after completing their prison sentence;

- In case the meal supplement as prescribed in points a, b of clause 1 of this Article is fully allocated and there are surplus funds, the warden reports to the head of the criminal enforcement agency under the Ministry of Public Security (for prisons managed by the Ministry of Public Security), the head of the criminal enforcement agency under the Ministry of National Defense (for prisons managed by the Ministry of National Defense), the head of the regional criminal enforcement agency to consider and decide to use the surplus funds for purchasing common living items for inmates in the prisons, and they must announce it publicly to the inmates' self-management committee, ensuring transparency, democracy, and rightful beneficiaries.

Secondly, allocate 2% to establish a community reintegration fund to cover counseling and support for inmates upon completion of their prison sentences. The prison in Vietnam will conduct support activities, organize citizen education, legal education, counseling, job placement, and other activities related to community reintegration for inmates.

Thirdly, allocate 12% for partial payment of labor to inmates directly participating in production labor, and support for inmates suffering from labor accidents.

- Allocate 10% for partial labor payment to direct labor inmates;

- Allocate 2% for supporting inmates suffering from labor accidents.

Fourthly, allocate 22% to supplement the prison's welfare and reward fund:

- 13% to supplement the prison's welfare fund for activities supporting inmates in organizing cultural, musical, sports activities or when they are sick, encounter risks, or treatment at clinics, infirmaries, hospitals as prescribed; activities supporting prison officers and soldiers in difficult circumstances, when sick, encountering risks, labor accidents, or treatment at medical facilities, organizing cultural, musical, and sports activities for officers and soldiers and supporting other welfare activities of the prison;

- 7% to supplement the prison's reward fund to reward inmates with outstanding achievements during their sentences, not exceeding VND 2,000,000/time/inmate; rewarding inmates with achievements in labor, vocational training (exceeding labor targets, norms, or increasing labor productivity...), with a reward equivalent to 1/2 the value of the labor day exceeding targets, norms, or increasing labor productivity. inmates can use this reward for additional meals, send to relatives or family, keep in custody for use in the prison, or reclaim after completing their prison sentence; allocate rewards for officers and soldiers of the prison with achievements in managing labor, education, vocational training for inmates, with the total annual reward amount for officers and soldiers of the prison not exceeding 2 months' salary according to rank for the entire unit;

- 2% is submitted to the Police Department for managing prisons, compulsory education institutions, reformatory schools (for prisons managed by the Ministry of Public Security), the Criminal Enforcement Agency under the Ministry of National Defense (for prisons managed by the Ministry of National Defense) to fund activities for annual summaries, mid-term reviews, and training.

Fifthly, allocate 50% to support reinvestment in prisons for organizing labor, education, vocational training for inmates; enhancing skills for inmates preparing to complete their prison sentences.

- 40% creates a common source of funds for reinvestment in prisons, serving education, vocational labor, purchasing equipment, tools, and constructing infrastructure. For prisons managed by the Ministry of Public Security, submit to the Police Department for managing prisons, compulsory education institutions, reformatory schools; for prisons managed by the Ministry of National Defense, submit to the Criminal Enforcement Agency under the Ministry of National Defense to create a common allocation plan. Annually based on the need for investment, purchasing equipment, labor tools, and constructing infrastructure of prisons, the head of the Police Department for managing prisons, compulsory education institutions, reformatory schools (for prisons managed by the Ministry of Public Security), the head of the Criminal Enforcement Agency under the Ministry of National Defense, the head of the regional criminal enforcement agency is responsible for approving investment lists, plans with a value below VND 5 billion; coordinating with financial agencies at the same level to appraise, submit to the leaders of the Ministry of Public Security, and the Ministry of National Defense to consider and approve investment lists, plans with a value above VND 5 billion. The management, use, settlement, and disbursement of funds for projects, plans to purchase equipment, tools, labor tools, and construct infrastructure for prisons approved by the competent authority must comply with the law;

- 10% for vocational training and skill enhancement for inmates. The warden must prepare a budget estimate as guided by the Police Department for managing prisons, compulsory education institutions, reformatory schools (for prisons managed by the Ministry of Public Security), the Criminal Enforcement Agency under the Ministry of National Defense (for prisons managed by the Ministry of National Defense), the regional criminal enforcement agency (for prisons managed by the regional command) and must be approved by the heads of these agencies before implementation.

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

Le Vy

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