Latest regime for medical care for inmates in Vietnam

Latest regime for medical care for inmates in Vietnam (Internet image) 

Regarding this issue, LawNet answers as follows:

1. Latest regime for medical care for inmates in Vietnam

Regime for medical care for inmates in Vietnam according to Article 55 of the Law on Execution of Criminal Judgments 2019 is as follows:

- Inmates are entitled to the disease prevention and control regime. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall cooperate with district-level health centers or military hospitals of the places in which the prisons, detention centers and criminal judgment execution agencies of district-level police offices are based in offering medical check-ups for inmates.

- Sick or injured inmates shall be examined and treated at infirmaries of their prisons or detention centers or at the nearest health facilities. An inmate who suffers a serious disease or an injury beyond the treatment capability of these establishments shall be referred to a superior-level health facility for treatment; the prison, detention center or criminal judgment execution agency of district-level police office shall notify relatives of the inmate or his/her lawful representatives for joining in treating and caring for such inmate. His/her food, medicine and health restoration regimes shall be prescribed by the health facility.

Prisons and criminal judgment execution agencies of provincial-level police departments or military zones shall coordinate with provincial-level health facilities and military hospitals in building or arranging a number of separate rooms in these establishments to treat sick inmates.

The management and supervision of inmates during their treatment at health facilities shall be carried out by prisons, detention centers, and criminal judgment execution agencies of district-level police offices.

- For an inmate suspected of suffering a mental disease or another disease which deprives him/her of perception or act control capacity, his/her prison, detention center or the criminal judgment execution agency of the provincial-level police department shall request the provincial-level court of the place or the military court of the military zone in which the inmate serves his/her sentence to seek mental health assessment.

If the assessment concludes such inmate suffers a mental disease or another disease which deprives him/her of perception or act control capacity, the chief judge of the provincial-level court of the place or the military court of the military zone in which the inmate serves his/her sentence shall issue a decision to suspend the serving of prison sentence and apply execution of compulsory medical treatment against him/her.

The health facilities shall receive and manage inmates subject to execution of compulsory medical treatment at the health facilities.

- A drug-addicted inmate shall be detoxified by his/her prison.

- Funds for medical examination and treatment, drug detoxification and building and arrangement of separate medical treatment rooms for inmates in health facilities shall be financed by the State.

2. Regime for board and lodging for inmates in Vietnam

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 Article 48 of the Law on Execution of Criminal Judgments 2019, 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.

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