Vietnam: Internal regulations applicable to persons held in custody at correctional institutions

The Minister of Public Security of Vietnam issued Circular 48/2022/TT-BCA on November 7, 2022, prescribing the Internal Regulations applicable to persons held in custody at correctional institutions in Vietnam.

The internal regulations applicable to persons held in custody at correctional institutions are prescribed as follows:

1. Regulations for persons held in custody at the correctional institution

Pursuant to Article 1 of the Internal regulations applicable to persons held in custody at correctional institutions issued in conjunction with Circular 48/2022/TT-BCA, persons held in custody must strictly adhere to the following regulations:

(1) Regarding orders and time

- Strictly adhere to and fully comply with orders, commands, instructions, and guidelines from the staff of the correctional institution;

- Adhere to the schedule for learning, labor, living, cultural, artistic, physical, sports, and recreational activities;

- When there is an assembly order, quickly line up according to teams, and do not cause disorder.

(2) Regarding etiquette

- When communicating, persons held in custody must use Vietnamese (except for those who do not know Vietnamese);

- Address staff as "officer" and refer to oneself as "I"; address visitors as "honorable guest" and refer to oneself as "I";

Address other persons held in custody as "brother" or "sister" and refer to oneself as "I"; other forms of addressing based on age and in accordance with Vietnamese customs and traditions;

- Use polite words like "yes", "sir", "thank you", "sorry" at appropriate times; respond “here” when called by name;

- When meeting staff or guests, persons held in custody must remove hats, stand at attention within a 3-meter distance, and say "greeting officer" or "greeting guest". If a team meets staff or guests, the team leader calls everyone to stand or sit and salutes and reports to staff on behalf of the team while holding a hat in the right hand;

- When entering or exiting the gate, if moving in a team, march in pairs, hold the hat in the right hand if in the right line, and in the left hand if in the left line;

The team leader reports the team name and the number of team members to the responsible officer.

(3) Regarding order, maintenance, eating, living, medical examination, and treatment

- Eat and sleep at the prescribed time and place without causing disorder;

- Maintain personal hygiene; keep the living room and communal areas clean;

Personal items could only be brought into the designated living room as per the Director's regulations of the correctional institution;

Personal items must be neatly folded and placed in the designated area;

- Male persons held in custody must have short, neat hair, no beard or mustache. Female persons held in custody must keep their hair neat;

- Follow disease prevention, medical examination, and treatment guidance from the correctional institution staff.

(4) Regarding attire

- persons held in custody' clothes must be stamped with “persons held in custody” on the front of the pants and the back of the shirt by the correctional institution;

- Wear neat, tidy, clean attire and shoes or sandals when: Attending classes, labor, vocational training; participating in cultural, artistic, physical, sports, and collective activities; entering or exiting the gate, meeting relatives or outsiders; and during other activities of the correctional institution;

- Keep clothes clean, do not lend, clear, repair, write, paint, print, or label anything different from the issued attire.

(5) Regarding learning, labor, vocational training, participation in cultural, artistic, sports, and recreational activities

- Actively, voluntarily, diligently, and seriously participate in learning, labor, vocational training, and activities organized by the correctional institution;

- Strictly follow discipline, safety, and labor hygiene;

- Store labor and vocational training tools after use.

(6) Regarding protecting and maintaining property

- Protect and maintain property belonging to the correctional institution, the collective, oneself, and others;

- Upon completion of the mandatory education period, persons held in custody must return all tools and property assigned for management to the institution;

- If causing damage to the institution's or another's property, the persons held in custody will be handled according to the law based on the extent of the damage.

2. Prohibited behaviors within the correctional institution in Vietnam

According to Article 2 Circular 48/2022/TT-BCA, the following behaviors are strictly prohibited:

- Opposing, obstructing, or not complying with the orders and guidance of the institution staff.

- Providing false or deceitful reports, concealing one's or other persons held in custody' violations.

- Escaping or organizing, aiding other persons held in custody to escape in any form, or luring, coercing other persons held in custody to escape.

- Writing, drawing, posting, or hanging pictures, spitting, littering, and other behaviors causing unsanitary conditions.

- Tattooing, wearing objects on oneself or others, dyeing hair non-black colors, growing and painting long nails.

- Possessing or using alcohol, beer, drugs, or other stimulants;

Weapons, toxic substances, explosives, chemicals, radioactive materials, flammable substances, and any items that may be harmful to oneself and others;

Unauthorized communication equipment, literature, documents, films, tapes, discs, or electronic memory cards with unhealthy content.

- Smoking cigarettes, e-cigarettes, pipe tobacco in living rooms, infirmaries, discipline rooms, visitor houses, libraries, study rooms, collective activity areas, labor workshops, vocational classrooms, areas prone to fire and explosion, and places with "no flame" or "no smoking" signs.

- Illegally sharing, distributing information or images outside or on the Internet, social media.

- Practicing or promoting religion, superstitious rituals, fortune-telling, and involving other persons held in custody in these activities; forming or joining illegal organizations or groups.

- Gambling, organizing gambling in any form among persons held in custody or with others.

- Threatening, beating, or infringing on the health, honor of other persons held in custody or others' property; self-harm; engaging in sexual or unhealthy relationships between persons held in custody or with others.

- Buying, selling, exchanging, lending, borrowing, giving, or receiving anything among persons held in custody or with others (unless permitted by a responsible officer).

- Having uncultured attitudes, words, or behaviors during communication.

- Opposing, shirking, avoiding or obstructing learning, labor, vocational training, and forcing or hiring other persons held in custody to do one's work.

- Holding gatherings for eating, drinking, lighting fires, or cooking in living rooms, dormitory areas, study rooms, workplaces, vocational training rooms, infirmaries, or collective activity areas without permission.

- Contacting outsiders without the approval of the Director of the correctional institution.

- Keeping the following items without permission:

Gold, silver, jewelry, foreign currency, Vietnamese money, stocks, bonds, electronic payment cards, watches, machines, devices, ID cards, citizen identification cards, passports, certificates, and other valuable papers and unused clothes or personal items must be handed into safekeeping.

- Leaving the study, labor, vocational training, living room, or activity area without authorization.

- Bringing labor or vocational training tools into eating, living, or activity areas, relocating machinery, materials, products, or other assets from designated places.

Circular 48/2022/TT-BCA takes effect from December 31, 2022

Ngoc Nhi

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