Vietnam: Guidelines for assessing persons who have completed their prison sentences by the People's Public Security Forces

Vietnam: Guidelines for assessing persons who have completed their prison sentences by the People's Public Security Forces
Quoc Tuan

On March 15, 2024, the Minister of Public Security of Vietnam issued Circular No. 10/2024/TT-BCA stipulating the community reintegration for persons who have completed their prison sentences by the People's Public Security Forces.

Vietnam: Guidelines for assessing persons who have completed their prison sentences by the People's Public Security Forces

(1) Persons who have completed their prison sentences and persons eligible for pardon are assessed and classified into one of the following four groups:

- Group A: Demonstrates awareness of legal compliance; possesses favorable conditions for community reintegration such as having stable employment; lives in a positive environment; maintains a stable life;

- Group B: Demonstrates awareness of legal compliance but faces difficulties in community reintegration, such as lack of employment or unstable employment; faces life hardships; exhibits self-consciousness and feelings of inferiority;

- Group C: Lacks awareness of legal compliance, does not comply with management, supervision, education, and assistance requirements from the assigned organization or individual directly managing, supervising, educating, and assisting them; has conditions and capabilities that may lead to legal violations due to living in a complex security and order environment; living conditions and family circumstances prone to legal violations;

- Group D: Currently stays in temporary detention facilities, compulsory education institutions, reformatory schools, or rehabilitation centers.

(2) The commune-level police authority in Vietnam shall assess and classify persons who have completed their prison sentences or persons eligible for pardon after receiving the report on the results of management, supervision, education, and assistance for those individuals.

(3) On a quarterly basis, the commune-level police authority in Vietnam shall prepare a list of persons who have completed their prison sentences or persons eligible for pardon according to each group, report it to the district-level criminal judgment enforcement agency(Form HCD-09), and archive the special operational files that reflect the management of community reintegration individuals.

(4) Based on the characteristics, situation, and actual conditions, local police shall conduct surveys and investigations on all persons who have completed their prison sentences or persons eligible for pardon within the locality to serve the requirements of community reintegration.

More details can be found in Circular 10/2024/TT-BCA, effective from May 1, 2024.

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