Latest regulations on incarceration of inmates in Vietnam

Latest regulations on incarceration of 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. Latest regulations on incarceration of inmates in Vietnam

Article 30 of the Law on Execution of Criminal Judgments 2019 stipulates the regulations on incarceration of inmates as follows::

- A prison shall organize inmate incarceration as follows:

+ Prison sectors for inmates serving sentences of over 15 years' imprisonment or life imprisonment and inmates committing dangerous recidivism;

+ Prison sectors for inmates serving sentences of 15 years or less in prison, inmates serving sentences of over 15 years’ imprisonment which have been reduced to under 15 years for good rehabilitation records; inmates who commit dangerous recidivism, have served half their sentences and have their sentences reduced;

+ Disciplinary cells for inmates who are disciplined.

- In prison sectors referred to in Clause 1 of Article 30 of the Law on Execution of Criminal Judgments 2019, the following inmates shall be held separately:

+ Female inmates;

+ Inmates under 18 years of age;

+ Foreign inmates;

+ Inmates with infectious diseases category A as prescribed in the Law on Prevention and Treatment of Infectious Diseases 2007;

+ Inmates showing signs of mental diseases or other diseases that have deprived them of the consciousness or act control capacity pending a court decision;

+ Inmates with children under 36 months of age residing with their mothers in prison;

+ Inmates who repeatedly violate detention internal regulations.

- Inmates who are LGBT or whose gender is unidentified may be held in segregation.

- In a detention center, inmates referred to in Points a and g Clause 2 of Article 30 of the Law on Execution of Criminal Judgments 2019 shall be held separately.

- Inmates shall be divided into teams and groups for working, learning and other activities. Depending on the characteristics of crimes, sentence levels and personal characteristics of inmates and their rehabilitation records, superintendents of prisons or detention centers shall decide the classification and transfer of inmates between prison sectors.

3. Responsibilities of prisons in Vietnam

According to Article 10 of Decree 09/2023/ND-CP, the responsibilities of prisons in Vietnam are as follows:

- Cooperate with the organization cooperating with the prison in formulating a plan, completing the application for approval of the cooperation policy, and submitting it to the agency for management of criminal judgment execution under the Ministry of Public Security for approval.

- Prepare the application package for establishment of the labor, career orientation and vocational training facility outside the prison for submission to the agency for management of criminal judgement execution under the Ministry of Public Security for its consideration, review and approval.

- Sign a cooperation contract with the organization to organize labor, career orientation and vocational training activities for inmates according to the approved plan.

- Designate and assign experienced officers and soldiers suitable to the characteristics and requirements of performing tasks at the labor, career orientation and vocational training facility outside the prison; For areas with female inmates, female officers must be assigned.

- Directly organize the management of incarceration, education and re-education of inmates, ensuring security and safety in labor, career orientation and vocational training facilities for inmates according to the provisions of the Law on Execution of Criminal Judgments 2019.

- Notify the People's Procuracies of the provinces where the prisons accepted as the object of piloting are located and the People's Committees of the districts and communes where the labor, career orientation and vocational training facilities outside the prison are located for supervision, inspection and cooperation purposes when required.

- Open an accounting book system to monitor and record income and expenditure from labor, career orientation and vocational training activities for inmates outside the prison; pay in, manage and use the received funds according to regulations of the Decree 133/2020/ND-CP and other relevant legal regulations.

- Take responsibility for complying with the provisions of the Law on Execution of Criminal Judgments 2019, the Law on Occupational Safety and Health 2015 and other relevant provisions of laws in case of any threats to security or safety arising in the labor, career orientation and vocational training facilities for inmates outside the prison.

To Quoc Trinh

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