The criteria for inmate's performance grading in Vietnam are detailed in Decree 133/2020/ND-CP, which provides detailed regulations on the implementation of certain provisions of the Law on Execution of Criminal Judgments.
Inmate's performance grade Table in Vietnam applied starting from December 25, 2020 (Illustration)
According to Article 35 of the Law on Execution of Criminal Judgments 2019:
Based on the results of meeting the competition criteria for prison sentence compliance, prison regulations, study, labor reformation, and the results of remedying the consequences caused by criminal acts, inmates are assessed and classified into one of the categories: good, fair, average, poor.
The compliance rating results must be documented quarterly, every 6 months, and yearly, and stored in the inmate's file. inmates who make meritorious contributions can get an upgrade in their compliance rating.
To comply with the 2019 Law on Execution of Criminal Judgments, Decree 133/2020/ND-CP provides guidance for classifying prison sentence compliance into the following categories: excelent, good, average, and poor, as shown in the table below:
Rating | Rating Criteria |
Excelent | Expresses remorse, clearly identifies guilt, has a correct attitude and mindset, shows determination in studying, laboring, reforming, showcases a resilient spirit, and strives to become a useful person to society; |
Shows high responsibility, voluntarily and strictly complies with the sentence, court decisions, and other legal decisions; | |
Complies fully and seriously with prison regulations, legal provisions, and prison rules; honestly reports, denounces others' crimes, actively prevents and fights against negative, incorrect behaviors of other inmates; | |
Shows high responsibility and active participation in labor, strictly follows management's assignments, participates in 100% of workdays with quality and efficiency, completes and exceeds work quotas or progress, fulfills ad-hoc tasks, adheres to labor discipline and safety, and helps other inmates with work. Shows high responsibility and active participation in studies, vocational training, extracurricular educational activities as required; fully participates in studies with results reaching fair or above; strives to enhance knowledge, understanding, and career skills; |
|
Fully and seriously maintains a disciplined, orderly, civilized lifestyle, cultured communication within the prison; actively and prominently participates in competitions; helps other inmates to progress; | |
Actively remedies the consequences of their criminal behavior. inmates subject to additional fines, court fees, compensation, or other civil obligations must have completed these obligations. | |
Fully and seriously complies with other responsibilities and obligations as stipulated by the Law on Execution of Criminal Judgments and other relevant laws. | |
Good | Expresses remorse, clearly identifies guilt, has a correct attitude and mindset, shows determination in studying, laboring, reforming, showcases a resilient spirit, and strives to become a useful person to society; |
Fully and strictly complies with prison regulations, legal provisions, and prison rules; honestly reports, denounces others' crimes, actively prevents and fights against negative, incorrect behaviors of other inmates; | |
Strictly complies with court sentences, legal decisions. In case of appeals or complaints, it must conform to the law; | |
Must meet the criteria specified in point d, clause 2, Article 19 of Decree 133/2020/ND-CP. If labor quota or progress criteria are not met regularly, participation in studies must be at least average. inmates who are ill, war invalids, disabled, physically or mentally disadvantaged, pregnant women, on maternity leave, with children under 36 months old in prison, elderly men over 70 years old or women over 65 years old, and those frequently ill are exempt or mitigated from labor study results; |
|
Must adhere to disciplined, orderly, civilized lifestyle, cultured communication within the prison; actively participates in competitions; helps other inmates to progress; | |
Actively remedies the consequences of their crimes. If a inmate has no means of support, cannot identify family, is an ethnic minority, lives in remote areas with economic difficulties, they may commit to remedying consequences after serving their sentence, approved by the prison director, or voluntarily use rewards from labor participation for this purpose. | |
Fully and seriously complies with other responsibilities and obligations as stipulated by the Law on Execution of Criminal Judgments and other relevant laws. | |
Average | Does not meet the criteria for good or fair as specified; |
Shows improvement after a disciplined decision; | |
Fails to return to prison on time without a valid reason after a temporary suspension of sentence. | |
Poor | Does not meet the criteria for compliance and falls below average; |
Not recognized for reformation improvement; | |
Frequently violates prison rules, resulting in solitary confinement; | |
Commits new crimes during incarceration; | |
Persistently files unlawful complaints against the sentence despite resolved responses; | |
Has a suspended sentence terminated or escapes and is recaptured; | |
Does not declare their pre-incarceration crimes adjudicated by another sentence; | |
Released early conditionally but returned to continue serving the remaining sentence; |
Le Hai