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.
Wardens of detention facilities in Vietnam must possess at least a university diploma issued by Police Academies (Illustrative image)
As stipulated in Article 4 of Decree 133/2020/ND-CP, the Minister of Public Security of Vietnam is responsible for managing the organization, staffing, and activities of detention facilities; deciding on the establishment, dissolution, merger, and management of detention facilities and their sections within detention facilities; issuing the list, standards, and norms for constructing the facilities in detention facilities, and the security control system under the management of the Ministry of Public Security. The Minister of National Defense is responsible for managing the organization, staffing, and activities of military detention facilities; deciding on the establishment, dissolution, merger, and management of military detention facilities and their sections within military detention facilities; issuing the list, standards, and norms for constructing the facilities in military detention facilities, and the security control system under the management of the Ministry of National Defense.
Additionally, Article 5 of Decree 133/2020/ND-CP stipulates that the organizational structure of the management of detention facilities includes a Warden, Deputy Warden, Head of Section, Deputy Head of Section, Team Leader, Deputy Team Leader; officers, professional military personnel, non-commissioned officers; soldiers, and workers under the Ministry of Public Security and the Ministry of National Defense.
Notably, the Warden, deputy Warden, head of section, deputy head of section, team leader, and deputy team leader must have a university degree in police, security, or a bachelor's degree in law or higher and must meet other standards as prescribed by the Ministry of Public Security and the Ministry of National Defense.
Moreover, Article 3 of Decree 133/2020/ND-CP also stipulates that the funding to ensure investment, construction, procurement of equipment and materials to support the organization and management activities, including periodic health examinations, medical treatment, health care, physical rehabilitation, disease prevention, drug addiction treatment, HIV/AIDS treatment, legal education, civic education, cultural, vocational training, news, policies dissemination, psychological counseling, legal assistance, cultural, artistic, sports activities, entertainment, and the construction and arrangement of treatment rooms for inmates and students is provided by the state budget. The detention facilities also derive funds from the labor results of inmates and accept financial support from domestic organizations and individuals to assist in physical infrastructure investment and implementing policies for inmates. The management and use of this funding are in accordance with the provisions of the law on state budget and other relevant laws.
For more details, see Decree 133/2020/ND-CP, effective from December 25, 2020.
Le Vy
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |