Guidelines for supervising the procedures for selecting vocational cooperation organizations for inmates outside of prisons

Guidelines for supervising the procedures for selecting vocational cooperation organizations for inmates outside of prisons (Image from the Internet)

Regarding this matter, LawNet would like to answer as follows:

The following contents are specified in Instruction 22/HD-VKSTC dated November 30, 2023 providing guidance on some basic contents of the pilot supervision of the organizational model operating in labor, vocational, and vocational training areas for inmates outside of prisons according to Resolution 54/2022/QH15 issued by the Supreme People's Procuracy.

Guidelines for supervising the procedures for selecting vocational cooperation organizations for inmates outside of prisons in Vietnam

Immediately after receiving the notification from the selected correctional facility to implement the pilot program (as stipulated in Clause 6, Article 10 of Decree 09/2023/ND-CP), the People's Procuracy has the authority to coordinate with the selected correctional facility to pilot the supervision of the following contents:

- The selection of cooperation organizations, establishment procedures, through supervision must ensure that the cooperating entity is a business (a legal entity) engaged in domestic consumption and not included in the  list of arduous, hazardous and dangerous occupations from level V and above (as regulated in Circular 11/2020/TT-BLDTBXH dated November 12, 2020, by the Ministry of Labor - Invalids, and Social Affairs, providing guidance on the list of arduous, hazardous and dangerous occupations, and extremely arduous, hazardous and dangerous occupations).

- The selected business to implement the pilot program must also meet other conditions and criteria, such as: the labor, vocational, and vocational training area for inmates outside of prisons is located in an area with stable social security; the distance to the nearest military base is not more than 50 km; and it has the capacity to carry out labor, vocational, and vocational training activities for one or more teams of inmates.

- The selected business to implement the pilot program is not owned by individuals or foreign organizations; it is not a joint venture or affiliated with foreign businesses or has foreign investment capital; it has legal certificates of land use rights and ownership for land and attached assets.

Note that during the supervision process, it is necessary to request the correctional facility to provide the principle agreement contract, the labor, vocational, and vocational training cooperation contract, and the Proposal and Decision approving the establishment of the labor, vocational, and vocational training area from the Agency for the Execution of Criminal Judgments under the Ministry of Public Security for supervision of the establishment procedures, detention scale, cooperation content, and labor sectors to ensure the legality of the labor area establishment and the proper implementation of the contract.

During the supervision process, if any violations are found regarding the procedures for preparing files, appraising, and approving the establishment of the labor, vocational, and vocational training area by the correctional facility or the Agency for the Execution of Criminal Judgments under the Ministry of Public Security, a recommendation or report should be made to the Supreme People's Procuracy (Department 8) for appropriate action.

Guidelines for supervising the criteria for selecting inmates to be placed in vocational areas outside of prisons in Vietnam

When conducting supervision, strict supervision is required regarding the methods and criteria for selecting inmates as stipulated in Article 6 of Decree 09/2023/ND-CP detailing the implementation of Resolution 54/2022/QH15.

If cases are found where inmates are not eligible to be placed in labor areas outside of prisons but are still placed there, the provincial People's Procuracy must clarify the reasons and responsibilities and carry out the right to make recommendations or appeals according to regulations.

In addition, it is necessary to pay attention to supervising the correctional facility's implementation of the pilot program in disseminating the conditions, standards, and supervision of the content of the request for participation in labor and vocational training outside of prisons by inmates.

In cases where there are doubts about voluntariness or inmates no longer have the desire, the prosecutor and inspector must investigate and verify to propose appropriate handling according to regulations.

At each supervision session, through interviews and the management record system, the prosecutor and inspector must pay attention to reflecting the voluntariness and labor aspirations of inmates, avoiding coercion and a lack of voluntariness.

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