Mitigating factors for disciplinary actions against inmates in Vietnam

Mitigating factors for disciplinary actions against inmates in Vietnam​ (Illustrative Image)

Article 21 of Decree 133/2020/ND-CP stipulates that inmates in Vietnam who violate regulations may be considered for mitigation of disciplinary actions if they meet any of the following conditions:

- First-time violation, causing minor consequences; honest and truthful reporting of their own violations and those of other inmates; proactively preventing violations by other inmates; actively mitigating the consequences they caused (if any);

- Repentance, recognition of wrongdoing, voluntary admission of faults, actively learning from education, correcting their own violations;

- Violations due to threats, coercion, compulsion, incitement, or enticement by other inmates; mental agitation caused by the violations of other inmates or other objective reasons;

- Making meritorious contributions or having notable achievements in the movement to comply with the prison sentence, with a commendation decision;

- Elderly inmates: males aged 70 and over, females aged 65 and over; those with disabilities or physical, mental weaknesses; those with serious illness, severe illness, or diseases limiting their ability to recognize or control their behaviors; pregnant female inmates, on maternity leave, or nursing children under 36 months old; inmates under 18 years old.

In addition, Article 22 of Decree 133/2020/ND-CP also stipulates that inmates in Vietnam who violate regulations under one or more of the following circumstances must be considered for aggravated disciplinary actions:

- Organized violations, with masterminds, ringleaders, initiators, or those who actively and directly engage in the violations; directing, threatening, coercing, compelling, inciting other inmates to violate;

- Continuous violations over a long period; repeated violations or involving multiple people; using sophisticated, cunning methods; with thug-like, aggressive nature; using means, objects, or deadly weapons; causing significant consequences or damage;

- Not voluntarily, truthfully admitting faults or violations; false reporting, deliberately evading, concealing violations; shielding fellow violators; obstructing evidence provision, impeding, countering, causing difficulties for investigation and handling of violations; retaliating against whistleblowers or informants;

- Not accepting education, correction of violations; continuing to violate despite warnings or previous disciplinary actions;

- Exploiting natural disasters, fires, floods, or other especially difficult circumstances to violate; violating against persons under 18 years old, pregnant female inmates, on maternity leave; inmates nursing children under 12 months old; inmates who are ill, sick, elderly, weak, disabled, or have limited ability to recognize or control their behaviors.

Detailed content can be viewed at Decree 133/2020/ND-CP, effective from December 25, 2020.

Le Vy

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