Regulations on Recognizing Inmates Who Have Made Disciplinary Violations but Have Shown Progress

To be specific, according to the provisions in Article 16 of Circular 06/2018/TT-BCA, the regulations are as follows:

- A prisoner who is disciplined or commits a new crime during the period of serving a prison sentence must have a period of observation and probation to be recognized as having made progress. The specific durations for recognition of progress are as follows:

- A prisoner who is reprimanded twice within twelve months from the date of the first reprimand decision shall be recognized as having made progress after three months from the date of the second reprimand decision announcement;- A prisoner who has been disciplined with a warning shall be recognized as having made progress after three months from the date of the disciplinary decision announcement;- A prisoner who has been disciplined with solitary confinement shall be recognized as having made progress after six months from the date of release from the disciplinary room;- A prisoner who commits a new crime during the period of serving a prison sentence and is judged by another sentence shall be recognized as having made progress after one year from the date of transfer back or brought to serve the prison sentence (if transferred for investigation, prosecution, trial) or from the date the new sentence takes legal effect (if not transferred).

In cases where there is a decision to suspend the investigation, suspend the case, or the court declares the individual not guilty, the duration for recognition of progress is six months, from the date of return to the prison, detention center, or temporary holding facility (if transferred) or from the date of receiving the decision to suspend the investigation, suspend the case, or the court declaration of non-guilt (if not transferred).

In cases of wrongful conviction, point d, Clause 1, Article 16 of Circular 06/2018/TT-BCA shall not be applied.

- During the period for recognizing a prisoner's disciplinary progress as stipulated in points a, b, c, d, Clause 1, Article 16 of Circular 06/2018/TT-BCA, if the prisoner strives to rectify and make progress, upon the expiration of the recognition period, they will be reviewed and recognized as having made progress.

If the prisoner has served at least half of the recognition period, has performed well in meeting the standards while serving the prison sentence, and has received a commendation decision, they may be considered for early recognition of progress. In cases of exceptional contributions, they will be immediately considered for recognition of progress.

- If during the recognition period the prisoner violates the prison's regulations, the recognition period may be extended. The duration of each extension can be up to six months from the end of the previous recognition period.

In cases where a prisoner is held in solitary confinement, if the recognition period expires without release from solitary confinement, the recognition period will be extended until the date of release from solitary confinement.

- The prison warden, detention center warden, head of the district-level police enforcement agency will review and decide on the recognition of a prisoner's disciplinary progress; recognition of early progress or extension of the recognition period for prisoners.

- If the prisoner has not completed the recognition period but has received a decision to temporarily suspend the prison sentence or is transferred for investigation, prosecution, trial as stipulated in Clause 2, Article 18 of Circular 06/2018/TT-BCA, the recognition period will terminate from the date of removal from the prison, detention center, or temporary holding facility.

For more details, see: Circular 06/2018/TT-BCA effective from March 29, 2018.

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