Circular 07/2018/TT-BCA officially took effect on March 29, 2018, with many new provisions related to procedures for visiting inmates. Noteworthy provisions include:
Article table of contents
1. Guidance for Visits from Non-Family Members of Inmates
Individuals or representatives of organizations visiting inmates must submit a written request (for individuals, the request must be certified by their work, study institution, or local government where they reside) and must present one of the following documents (excluding persons under 14 years old):
- Identity Card or Citizen Identification Card; Passport; documents proving status as officers, soldiers, or employees if they belong to the armed forces;- In cases where visitors do not have personal identification documents, they must provide a request form with an attached photo, certified and stamped by the commune-level People's Committee or local police station where they reside, or by their work or study institution, and the seal must overlap onto the photo.
The warden of the prison, detention center, or the head of the district-level criminal execution agency will decide whether to allow non-family visitors to meet with the inmate, if deemed appropriate for the legal interests of the inmate and requirements of crime prevention, management, education, and rehabilitation of the inmate.
2. Maximum of 03 Visitors per Visit
Individuals permitted to visit inmates include: paternal grandparents; maternal grandparents; biological parents; parents-in-law; legal adoptive parents; spouse; biological children, daughters-in-law, sons-in-law, legal adoptive children; biological siblings; siblings-in-law; siblings of spouse; uncles, aunts, uncles-by-marriage, aunts-by-marriage, and nephews/nieces. Each visit to inmates shall be limited to a maximum of 03 people.
3. Inmates Allowed to Dine with Family Members for 60 Minutes
Inmates may be granted 60 minutes to dine with their family members at the canteen under the following conditions:
- When the visit duration is extended up to 03 hours, or when meeting with spouses in private rooms for up to 24 hours;- During Family Inmate Conference;- When it is deemed necessary for family involvement in the inmate's education;- For good reformation achievements: consecutively rated as "Good" for 02 quarters or having notable contributions.
Each dining session with family members is within 60 minutes and involves no more than 03 participants.
4. Reduced Weight of Items Sent to Inmates
Under the current regulation Circular 46/2011/TT-BCA, inmates are allowed to receive gifts by mail from their relatives twice a month, with a maximum of 05kg per time (if sent once, the limit is 10kg).
However, the regulation Circular 07/2018/TT-BCA states that inmates can receive items from their relatives or by mail twice a month, each time not exceeding 03kg (if sent once, the limit is 06kg).
5. Relatives Can Send Money to Inmates via Postal Service without Limitations
Relatives can send money to inmates via the postal service without limitation on the number of times (the old regulation allowed only twice a month).
The head of the district-level criminal execution agency will appoint officials to receive the money from the post office and then hand it to the Finance Logistics Team for management.
The responsible officer will record the money into the monitoring book, inform the inmate, and note it in the purchasing book for the inmate to sign. Inmates are not allowed to keep or use cash within the facility.
