The maximum duration for disciplining prisoners in detention centers in Vietnam is 07 days

The maximum duration for disciplining prisoners in detention centers in Vietnam is 07 days​ (Illustration image)

According to Article 23 of Decree 133/2020/ND-CP, within 03 working days from the date the violation is discovered, in cases involving multiple inmates or complex matters that require time for investigation and verification, the disciplinary processing time may be extended but not exceed 07 days. The Head of the detention facility in Vietnam must review and issue a disciplinary decision. The disciplinary decision must clearly state the effective date and be communicated to the inmate.

An inmate with a disciplinary decision must have a monitoring and probation period to be recognized as having reformed. For reprimand, the monitoring and probation period is 01 month; for warning, the period is 03 months; for confinement in a solitary cell, the period is 06 months from the effective date of the disciplinary decision, and for solitary confinement, the period is from the date the inmate is released from the solitary cell.

Additionally, if, during the monitoring and probation period, the inmate does not commit any violations, they will be recognized as having reformed at the end of the period. If half of the term or more has been served without any violations and there is a commendation, the inmate may be recognized as having reformed earlier than the full term. In case of an exemplary deed, the inmate may be recognized as having reformed immediately. Regularly violating inmates placed in solitary confinement will have their monitoring and probation period calculated from the day they are released from solitary confinement.

If an inmate has not been recognized as having reformed and receives a new disciplinary decision, the monitoring and probation period is the total of the periods of the old and new disciplinary decisions. If the violation does not warrant disciplinary action, the monitoring and probation period may be extended by 02 months from the end of the current period.

Note: An inmate disciplined with solitary confinement is only allowed to carry personal items according to regulations. The solitary cell must ensure security and safety, adequate lighting, ventilation, and conform to the design templates of the Ministry of Public Security of Vietnam and the Ministry of National Defense of Vietnam. During the time in solitary confinement, if the inmate admits their wrongdoing, shows repentance, and is determined to reform, they may be released from solitary confinement before the end of the term. If the inmate is ill, has a medical condition, or is weak, a report must be made, and they will be taken out for treatment. When their health stabilizes, they will be reconsidered for continued disciplinary measures or early release from solitary confinement.

The Head of the detention facility in Vietnam decides on recognizing inmates as having reformed, extending the monitoring and probation period, releasing from solitary confinement, continuing the disciplinary decision, suspending or exempting from solitary confinement, or changing the disciplinary measure for inmates. All decisions, reports, and disciplinary documents are to be filed in the inmate’s records.

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

Le Vy

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