Regime for board, lodging, visits of relatives and receipt of presents for inmates in Vietnam

Regime for board, lodging, visits of relatives and receipt of presents for inmates in Vietnam (Internet image)

1. What is inmate?

According to Clause 2, Article 3 of the Law on Execution of Criminal Judgments 2019, inmate means a person who is currently serving a termed prison sentence or a life sentence.

2. Regime for board and lodging for inmates in Vietnam

The regime for board and lodging for inmates in Vietnam according to Article 48 of the Law on Execution of Criminal Judgments 2019 are as follows:

- Inmates shall be provided with prescribed rations of rice, green vegetable, meat, fish, sugar, salt, fish sauce, cooking oil, monosodium glutamate, and fuel.

For inmates doing heavy and hazardous jobs as prescribed by law, their food rations shall be increased but not exceeding two times the standard rations for normal days. On holidays prescribed by law, inmates will have additional food but not exceeding five times the standard rations for normal days.

Based on requirements of ensuring the health of inmates during incarceration, work and learning at the places of serving their sentences, the Government shall prescribe specific food rations suitable to economic and budget conditions and market price fluctuations.

Superintendents of prisons, superintendents of detention centers and heads of criminal judgment execution agencies of district-level police offices may decide to swap food rations to meet practical needs in order to ensure that inmates eat up their food rations.

- In addition of food rations prescribed in Clause 1 of this Article, inmates may use their presents and money to afford more food but not higher than three times the monthly food ration per inmate.

- Inmates shall be provided with hygienic food and drink. Cooking for inmates shall be done by inmates themselves under the supervision and examination of the prison or detention center or the criminal judgment execution agency of the district-level police office.

Kitchens for inmates shall be equipped with necessary utensils for cooking food, boiling water and dividing food to inmates according to standard rations.

- Inmates shall live in communal prison cells, excluding those who must be separately held under Points d, dd, e and g, Clause 2 and Clause 3, Article 30 of the Law on Execution of Criminal Judgments 2019. The minimum sleeping area per inmate is 2 square meters (m2). For an inmate having a small child to raise, she must have a sleeping area of at least 3 m2.

3. Regime for visits of relatives and receipt of presents in Vietnam

The regime for visits of relatives and receipt of presents in Vietnam according to Article 52 of the Law on Execution of Criminal Judgments 20199 is as follows:

- Inmates may meet their relatives once a month for no more than one hour.

According to the inmate's performance grade and requirements for education and rehabilitation, working and study achievements of inmates, the superintendent of prison or detention center, the head of criminal judgment execution agency of district-level police office shall consider granting extension of the visit duration but not exceeding 3 hours or granting a conjugal visit not exceeding 24 hours in a private room. Inmates who are commended or record merits may meet their relatives one more time in a month.

Inmates violating regulations of the place of detention may only meet relatives every 2 months for no more than one hour.

- When a representative of an agency or organization or another individual requests to meet an inmate, the superintendent of the prison or detention center or the head of the criminal judgment execution agency of the district-level police office shall consider and settle the request.

- When meeting their relatives and representatives of agencies or organizations or other individuals, inmates may receive letters, cash and articles, except those on the ban list.

For cash, inmates shall deposit it with the prison, detention center or criminal judgment execution agency of the district-level police office for management. The management and use of articles and cash of inmates conforms with Points a, b and c Clause 3 Article 26 of the Law on Execution of Criminal Judgments 2019.

- Inmates may receive cash and articles from their relatives twice a month by post. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall receive cash and articles sent to inmates from their relatives and open, check and handle them under law and deal with articles under the ban list as per the law.

- In order to meet inmates, relatives of inmates shall bring with them visit books or visit applications certified by the commune-level People's Committee or police office of the place in which they reside or by the agency or organization at which they work or study.

Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall inform relatives of inmates of regulations on visits to inmates. Relatives of inmates shall observe these regulations.

A relative of a foreign inmate shall file an application with the criminal judgment execution management agency.

Such application must be written in or translated to Vietnamese and certified by the diplomatic mission or consular office of the country of which the applicant is a citizen or the Vietnam-based representative office of the international organization in which the applicant works.

If the relative of a foreign inmate is Vietnamese, such application must be certified by the commune-level People's Committee of the place in which the relative resides.

Within 15 days after receiving an application, the criminal judgment execution management agency shall issue a reply to the applicant; in special cases, this time limit may be prolonged to 30 days at most.

- Prisons, detention centers, criminal judgment execution agencies of district-level police offices shall arrange places for inmates to meet with their relatives and representatives of other agencies, organizations, and individuals.

Quoc Dat

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