Periodic classification of prisoners by week, month, quarter, 06 months, and 01 year in Vietnam

On November 9, 2020, the Government of Vietnam issued Decree 133/2020/ND-CP detailing the implementation of certain provisions of the Law on Criminal Judgment Execution.

Periodic  classification  of  inmates  by  week,  month,  quarter,  06  months,  and  01  year,  Decree  133/2020/ND-CP

Periodic classification of prisoners by week, month, quarter, 06 months, and 01 year in Vietnam​ (Illustrative image)

Article 18 of Decree 133/2020/ND-CP stipulates that inmates in Vietnam serving prison sentences are evaluated, assessed, and classified for the execution of their prison sentences (hereinafter referred to as classification) weekly, monthly, quarterly, semi-annually, and annually.

- Inmates who have been evaluated for attitude and results of serving their prison sentences for 04 days or more in a week are classified weekly. Weekly classification takes place on Friday every week. The weekly classification period is calculated from Saturday of the previous week to Friday of the following week;

- Inmates who have been classified for 03 weeks or more in a month are classified monthly. Monthly classification takes place on the 25th of every month. The monthly classification period is from the 26th of the previous month to the 25th of the following month. In the case of inmates who have served prison sentences for 20 days in a month, the classification period is from the 06th to the 25th of that month;

- Inmates who have been classified for 02 months or more in a quarter are classified quarterly. Quarterly classification takes place on February 25 for the first quarter, May 25 for the second quarter, August 25 for the third quarter, and November 25 for the fourth quarter. The quarterly classification period is from the 26th of the last month of the previous quarter to the 25th of the last month of the following quarter;

- Inmates who have been classified for 04 months or more in 06 months are classified semi-annually. Semi-annual classification takes place on May 25 for the first half of the year, and November 25 for the second half of the year. The classification period for the first half of the year is from November 26 of the previous year to May 25 of the following year, and for the second half of the year from May 26 to November 25 of that year;

- Inmates who have been classified for 10 months or more in a year are classified annually. Annual classification takes place on November 25 every year. The annual classification period is from November 26 of the previous year to November 25 of the following year.

Some notes on classifying inmates' prison sentence compliance in Vietnam:

- The classification period is calculated from the date the record of receiving the inmate into the prison, the inmate management division of the detention center, or the inmate management cell of the custody center designated for serving prison sentences. If an inmate is transferred between inmate detention facilities, the time and classification results are continuously calculated for the entire period before and after the transfer.

- Each division of the prison establishes a Subcommittee for classifying inmates' prison sentence compliance. The inmate detention facility establishes a Council for classifying inmates' prison sentence compliance. The Subcommittee and the Council for classifying inmates' prison sentence compliance meet to classify inmates on a quarterly, semi-annual, and annual basis. Inmates who make meritorious contributions are considered for an upgraded classification of their prison sentence compliance. In the case of inmate complaints about classification, within 05 working days from the date of receiving the petition, the head of the inmate detention facility must respond in writing to the inmate.

- Decisions on quarterly, semi-annual, and annual classification and the inmate’s self-assessment reports are to be filed in the inmate’s record. The head of the inmate detention facility is responsible for publicly announcing the quarterly, semi-annual, and annual classification results to the inmates; and notifying the inmate's family or legal representative of the situation regarding serving the prison sentence, including the first half, second half, and annual classifications.

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

Le Vy

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