Rights and obligations of inmates under the law in Vietnam

Rights and obligations of inmates under the law in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

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

Sentenced person means a person who has been convicted of a crime and subject to a penalty under a court judgment or decision which becomes legally effective and has had an execution decision.

(Clause 1, Article 3 of the Law on Execution of Criminal Judgments 2019)

2. Rights and obligations of inmates under the law in Vietnam

2.1. Rights of inmates in Vietnam

According to  Clause 1, Article 27 of the Law on Execution of Criminal Judgments 2019, inmates have the rights to:

- Have their lives, health, assets, dignity protected and respected; having been informed of their rights and obligations and regulations of places of detention;

- Receive board and lodging, clothes, personal care, health care as prescribed; receive letters, gifts, money; read books, newspaper, listen to the radio, watch television in conformity with conditions of the place where they serve the sentence;

- Participate in physical training and sports, cultural and performance activities;

- Participate in work, study, apprenticeship activities;

- Meet and contact with relatives, representatives of agencies, organizations, and individuals; or have consular visit and contact in case of foreign inmates;

- Conduct civil transactions as per the law by themselves or via their representatives;

- Lodge complaints and denunciation; request amnesty or claim damages as per the law;

- Participate in voluntary social insurance, enjoy policies on social insurance as per the law;

- Use prayer books, express religious belief and faiths as per the law;

- Receive commendation upon their high performance during their serving time.

2.2. Obligations of inmates in Vietnam

According to  Clause 1, Article 27 of the Law on Execution of Criminal Judgments 2019, inmates have the following obligations to:

- Serve the legally effective court judgment or decision, abide by decisions of criminal judgment execution management agencies, criminal judgment execution agencies during their serving time and other decisions of competent authorities;

- Abide by regulations of the place of detention, serving emulation standards;

- Abide by requests, orders and instructions of officials of places of detention;

- Work, study and learn skilled trade as prescribed;

- Pay damages if they break, lose or destroy assets of other people.

In addition, inmates have other rights and obligations as prescribed in the Law on Execution of Criminal Judgments 2019.

3. What does an inmate dossier include?

According to Article 29 of the Law on Execution of Criminal Judgments 2019, an inmate dossier includes:

- Inmate dossiers include those prescribed in Clause 1 and Clause 2 Article 26 of the Law on Execution of Criminal Judgments 2019.

Article 26. Dossiers of sending sentenced persons to serve their prison sentences

1. A dossier of sending of a sentenced person to serve his/her prison sentence must fully comprise the following documents:

a) The legally effective court judgment or decision; in case of appellate, cassation or re-opening trial, the first-instance judgment is also required;

b) The decision to execute the prison sentence;

c) The decision of criminal judgment execution management agency to send the sentenced person to a prison or detention center, or a criminal judgment execution agency of district-level police office;

d) The personal identification statement of the sentenced person;

dd) A copy of the passport or proof of citizenship of the sentenced person who is a foreigner;

e) The medical certificate and other documents relevant to the health of the sentenced person;

g) A remark sheet on the observance of regulations of the detention center or custody house by the sentenced person while being held in temporary detention;

h) Other relevant documents.

2. If a mother brings her child to a prison with her, a birth certificate is required. If the birth certificate is not available, a certificate of live birth issued by the health facility where the child was born or document made by the witness if the child was born outside the health facility is required; if none of above document is available, a written report of the criminal judgment execution agency of district-level police office or detention center to send the sentenced person to the prison for judgment execution and a commitment made by the mother that she gave birth to a child. The prison shall register birth for the child being brought to the prison with his/her mother in accordance with law on civil registration and management.

3. The criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments, criminal judgment execution management agencies of district-level police offices, criminal judgment execution management agencies of military zones shall complete the dossiers prescribed in Clause 1 of this Article, send the sentenced persons and hand over enclosed dossiers to the prisons, detention centers, or criminal judgment execution management agencies of district-level police offices which are designated to execute the judgments.

- Admission record of person sentenced to prison; transfer note of documents; transfer note of cash and other assets deposited by person sentenced to prison or to relatives or representatives of such person; decision or record of dealing with articles under the ban list (if any).

- Documents on inmate’s compliance with regulations on serving of prison sentence; medical reports, examination and treatment records; documents on inmate's performance of civil rights and obligations; records or decisions on disciplinary measures against violations of internal regulations of place of detention, law on execution of prison sentence, relevant documents on handling of complaints and denunciation, requests of sentenced person, documents on consular visit and contact (if any).

- Other relevant documents during the serving time.

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