Latest regulations on handling of violating inmates in Vietnam

Latest regulations on handling of violating inmates in Vietnam (Internet image)

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

1. Latest regulations on handling of violating inmates in Vietnam 

Regulations on handling prisoners who violate Article 43 of the Law on Execution of Criminal Judgments 2019 are as follows:

- While serving his/her prison sentence, an inmate violating prison regulations or committing an illegal act shall be disciplined in any of the following forms:

+ Reprimand;

+ Warnings;

+ Confinement to a disciplinary cell for up to 10 days.

- When being confined to a disciplinary cell, the inmate is not allowed to meet his/her relatives and may have his/her feet fastened in the stocks. Having feet put in stocks is not applied to female, minor and old and weak inmates.

- Superintendents of prisons, superintendents of detention camps or heads of criminal judgment execution agencies of district-level police offices shall issue decisions to discipline inmates and insert these decisions in their files.

- If the violation of an inmate show signs of a crime failing under the investigatory power of the superintendent of the prison or detention camp, the superintendent of the prison or detention camp shall issue a decision to institute a criminal case and carry out investigative activities under law. If such violation does not fall under his/her investigatory power, the superintendent shall request a competent investigative agency to initiate prosecution as per the law.

If the violation of an inmate being held in detention center or custody house of district-level police office show signs of a crime, the superintendent of the detention center, the head of criminal judgment execution agency of district-level police office shall request a competent investigative agency to initiate prosecution as per the law.

2. Regulations on transfer of inmates in Vietnam

Regulations on transfer of inmates in Vietnam according to Article 40 of the Law on Execution of Criminal Judgments 2019 are as follows:

- A presiding authority or officer shall, when requiring transfer of an inmate, send a written request to the criminal judgment management agency, the criminal judgment execution agency of the provincial-level police department or of military zone where the requesting presiding authority or officer is based for requesting the competent agencies specified in Clause 2 of Article 40 of the Law on Execution of Criminal Judgments 2019 to issue a transfer order. Upon receiving the transfer request, the competent agency shall issue an order to transfer the inmate.

- The competence to transfer inmates for assisting in investigation, prosecution or trial activities is as follows:

+ The head of the criminal judgment execution management agency of the Ministry of Public Security shall issue transfer orders with respect to inmates in prisons and detention centers of the Ministry of Public Security;

+ The head of the criminal judgment execution management agency of the Ministry of National Defense shall issue transfer orders with respect to inmates in prisons and detention centers of the Ministry of National Defense; heads of criminal judgment execution agencies of military zones shall issue transfer orders with respect to inmates currently serving their sentences in prisons and detention centers of military zones;

+ Heads of criminal judgment execution agencies of provincial-level police departments shall issue transfer orders with respect to inmates currently serving sentences in detention centers or to inmates directly managed by criminal judgment execution agencies of district-level police offices.

- In case of transfer of inmates for their incarceration, education and rehabilitation or medical examination and treatment or medical examination and treatment provided for children residing with mothers in prison at health facilities, the superintendent of prison or detention center or the head of criminal judgment execution agency of district-level police office shall issue transfer orders.

- A transfer order must at least contain:

+ Agency, full name, position and rank of the issuer;

+ Full name, date of birth, registered place of residence of the inmate to be transferred, his/her date of arrest, crime, duration and place of serving the prison sentence;

+ Purpose and length of transfer;

+ Agency, the person to receive the transferred inmate (if any);

+ Date of issuance of the order; signature and seal of the issuer.

- The superintendent of prison or detention center, or the head of criminal judgment execution agency of district-level police office shall check, deliver and make a report of the transfer of the transferred inmate. If the transfer length is at least 2 months and equals to the remainder of the sentence duration of the inmate concerned, his/her dossier and other articles, money and assets (if any) shall also be transferred with him/her in order for the receiving authority or person to issue a certificate of complete serving of sentence upon the expiration of the sentence and record it in the transfer monitoring book.

The criminal judgment execution agency of the provincial-level police department or of the military zone where the presiding authority or officer requesting the transfer is based or works shall receive, escort and manage the transferred inmate and his/her dossier during the time of transfer.

- In case the transferred inmate needs to be taken out of the place in which he/she is serving his/her sentence, the criminal judgment execution agency of the provincial-level police department or military zone receiving such inmate must ensure board and lodging for him/her under law during the time of transfer. Pursuant to the transfer order, the detention center or custody house in the place of the investigation, prosecution or trial agency requesting the transfer shall manage the transferred inmate as per the law.

- In case the transferred inmate is not taken out of the place in which he/she is serving his/her prison sentence, the prison, the detention center or the criminal judgment execution agency of the district-level police office shall provide board and lodging for and manage such inmate when the agency or person receiving the transferred inmate does not work with him/her.

- At the expiration of the transfer duration, the agency receiving the transferred inmate shall send a notice to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense and the criminal judgment execution agency of the provincial-level police department or military zone and deliver the transferred inmate to the prison, detention center or district-level criminal judgment execution agency for further serving his/her sentence, unless the transfer length equals to the remainder of the sentence prescribed in Clause 5 of Article 40 of the Law on Execution of Criminal Judgments 2019.

If the relevant agency wishes to extend the transfer length, it shall request extension of the transfer length; the transfer length and extension of this length must not be longer than the remainder of the sentence served by the transferred inmate.

- The transfer length shall be included in the duration of serving the prison sentence, unless the inmate escapes during the transfer duration.

The transfer will not affect the consideration for reduction of the duration of serving prison sentence or parole granted to inmates.

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