Update on the time limit for handling disciplinary action and implementation of disciplinary decisions for inmates in Vietnam from November 15, 2024

Update on the time limit for handling disciplinary action and implementation of disciplinary decisions for inmates in Vietnam from November 15, 2024 (Image from the Internet)

On September 30, 2024, the Government of Vietnam issued Decree 118/2024/ND-CP detailing the implementation of certain articles of the Law on Enforcement of Criminal Judgments 2019.

Update on the time limit for handling disciplinary action and implementation of disciplinary decisions for inmates in Vietnam from November 15, 2024

Article 30 of Decree 118/2024/ND-CP regulates the time limit for handling disciplinary action and implementation of disciplinary decisions in Vietnam:

- Within 03 working days from the date of discovering a violation, should the case involve multiple inmates or complicated issues requiring investigation, the disciplinary handling period may be extended, but not exceeding 07 days. The Head of the inmate detention facility must review and issue a disciplinary decision. The inmate disciplinary decision must clearly state the effective date and be made known to the inmate.

- Inmates subject to disciplinary action must undergo a monitoring and probationary period to be recognized as having reformed. This period is calculated from the effective date of the reprimand or warning disciplinary decision or from when the inmate is removed from the disciplinary cell. For reprimand discipline, the probationary period is 01 month; for warning discipline, it is 03 months; for confinement in a disciplinary cell, it is 06 months. If within 12 months from the most recent disciplinary action, an inmate is disciplined 02 times or more, the probationary period for subsequent disciplines is 03 months (for reprimand), 06 months (for warning), 12 months (for confinement in a disciplinary cell).

In cases where an inmate has not been recognized for reform progress and continues to receive new disciplinary decisions, the monitoring and probationary period is the total of the remaining period of the old decision and the period of the new decision.

For inmates who frequently violate the detention facility's rules and are held separately per point g clause 2 Article 30 of the Law on Enforcement of Criminal Judgments 2019, they are required to complete the remaining probationary period when removed from solitary confinement, plus an additional 02 months. If the probationary period ends while still in solitary or coincides with the removal from solitary, the probationary period is extended by 02 months from the date of removal. In cases of commendation during solitary confinement, release from solitary and immediate recognition of reform progress is granted.

For inmates committing new crimes during sentence enforcement, with disciplinary action already taken for that behavior, and the new verdict becoming legally effective before the probationary period concludes, reform progress is not recognized, and classification is executed as stated in clause 3 Article 23 of Decree 118/2024/ND-CP.

- Within 03 days from the end of the probationary period, if no violations occur, the Head of the inmate detention facility must issue a decision recognizing reform progress, effective from the end of the probationary period. For cases surpassing half of the assigned time without violations and earning commendation, immediate recognition of reform progress applies.

- Inmates disciplined with confinement in a disciplinary cell are only allowed personal hygiene items as regulated. Disciplinary cells must ensure stringent security, safety, lighting, ventilation, and follow the design standards of the Ministry of Public Security and the Ministry of National Defense of Vietnam.

- During disciplinary cell confinement, should the inmate recognize their mistake, express remorse, and show determination to amend, early release from the disciplinary cell may be considered. For health issues, release for treatment and return upon recovery will decide whether punishment continues or early release applies.

- The Head of the inmate detention facility decides on recognizing reform progress; extending the monitoring period; early release from disciplinary cells; continuation of disciplinary decisions; suspension or exemption from confinement in disciplinary cells; modifying disciplinary forms for inmates. Decisions, records, and disciplinary documents are kept in the inmate’s file.

More details can be found in Decree 118/2024/ND-CP which comes into force in Vietnam from November 15, 2024, replacing Decree 133/2020/ND-CP detailing certain articles of the Law on Enforcement of Criminal Judgments 2019.

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