New regulations on competition standards and classification in the execution of prison sentences in Vietnam

1. Clarification on the Timing of Classification for Inmates in Vietnam:

Article 4 of the Circular stipulates that the classification period for inmates is calculated from the date of the acceptance record at the Prison, the Prisoner's Management Subdivision of the Detention Center, or the Prisoner's Management Cell of the Custodial House designated for serving the prison sentence. In cases where inmates are transferred between prisons, detention centers, or custodial houses, the classification period and the results of the competition are continuously calculated both before and after the transfer.

2. Conditions for Classification on a Monthly, Quarterly, Semi-Annual, and Annual Basis in Vietnam

Circular 40/2011/TT-BCA stipulates conditions for the classification of serving prison sentences based on the duration the inmate has served. Meanwhile, Circular 06/2018/TT-BCA stipulates classification conditions based on prior assessment and classification periods.

3. Regulations on Recognition of Reformed Inmates Who Violated Discipline in Vietnam

Circular 40/2011/TT-BCA stipulates the recognition of reformed inmates who violated discipline within the average compliance classification category. Circular 06/2018/TT-BCA provides a detailed and specific regulation in a separate Article (Article 16), with a shortened period for recognition of progress.

4. New Points in Circular 06/2018/TT-BCA on Specific Classification Conditions for Extracted Prisoners; Disciplinary Inmates; Inmates Committing Crimes Before or During Detention. (Circular 40/2011/TT-BCA did not stipulate.)

Article 18 of Circular 06/2018/TT-BCA stipulates that inmates extracted to participate in proceedings related to their case or to serve the professional work of the police force shall have their classification based on previous classification results and related documents during the extraction period. The classification results and related documents must be sent to the managing prison, detention center, or the district-level criminal enforcement agency managing the inmate's original file for record-keeping.

For inmates who violated the regulations of the custodial house or detention center within 6 months prior to the date of receiving the inmate to serve the prison sentence and were disciplined, the initial quarter of imprisonment shall not be classified as good or higher (except for special merits). Inmates who committed a crime during detention and were sentenced with another verdict shall be classified as poor in the first two quarters of serving their prison sentence.

Inmates who do not disclose their prior criminal behavior before being detained, which results in another verdict, shall be classified as poor in the first two quarters of serving their prison sentence.

Source: People's Procuracy of Thai Binh Province

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