Regimes and benefits for inmates eligible for working, receiving vocational guidance, and training outside the prison in Vietnam

Regimes and benefits for inmates eligible for working, receiving vocational guidance, and training outside the prison in Vietnam (Internet image)

On March 13, 2023, the Government of Vietnam issued Decree 09/2023/ND-CP guiding Resolution 54/2022/QH15 on piloting the model of organizing labor activities, vocational guidance, and vocational training for inmates outside prison.

1. Regimes and benefits for inmates eligible for working, receiving vocational guidance, and training outside the prison in Vietnam

The regimes and benefits for inmates eligible for working, receiving vocational guidance, and training outside the prison according to Article 7 of Decree 09/2023/ND-CP are as follows:

- Inmates who do work, receive vocational guidance, and receive vocational training outside prisons are guaranteed their rights and obligations and are paid according to the provisions of the Law on Criminal Judgment Execution and detailed documents guiding the execution.

- At least one month before the date on which the inmate completes his/her imprisonment sentence or before the execution of a decision on amnesty or a decision on conditional prison release, inmates are brought back to prison to prepare for reintegration into the community.

- In case an inmate violates the law, violates the internal regulations of the inmate detention facility, violates the regulations on occupational safety and hygiene, disease prevention, and fire and explosion prevention, and must be disciplined, they will be sent to prison for handling according to regulations.

2. Criteria for selecting organizations to cooperate with prisons to organize labor, vocational guidance, and vocational training activities for inmates outside prisons in Vietnam

Criteria for selecting organizations to cooperate with prisons to organize labor, vocational guidance, and vocational training activities for inmates outside prisons according to Article 4 of Decree 09/2023/ND-CPare as follows:

- Not being owned by foreign individuals or organizations; not a joint venture with, associated with, or having foreign investment capital.

- Having an enterprise registration certificate issued and issued by a competent state agency; a business license for the professions of labor cooperation is conditional.

- Having documents proving the lawful ownership and use rights to land and land-attached assets to organize labor, vocational guidance, and vocational training activities.

- The location of the labor, vocational guidance, and vocational training zones for inmates outside the prison must be in an area with a stable security and order situation;

Having a distance of no more than 50km from the nearest station in the prison to facilitate the management, inspection, supervision, and timely handling of unexpected and unexpected situations that may occur; being surrounded by walls and fences, separate from residential areas.

- Organizations capable of performing labor, vocational guidance, and vocational training activities for a group or team of inmates or more; to ensure conditions for incarceration management, inmate education, medical care, culture, art, physical training, and sports for inmates;

Having occupations permitted by law for production and business that are not on the list of heavy, hazardous, and dangerous occupations and jobs of level V or higher according to Circular 11/2020/TT-BLDTBXH on the List of arduous, hazardous, and dangerous occupations and jobs, and particularly heavy, hazardous, and dangerous occupations and jobs.

In the case of being on the list of remaining occupations under permissible conditions, the organization must commit to safe operations for inmates.

More details can be found in Vietnam's Decree 09/2023/ND-CP, which takes effect from March 13, 2023, until Resolution 54/2022/QH15 expires.

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