Ordinance No. 01/2007/UBTVQH12 Amending and Supplementing Certain Articles of the Ordinance on Enforcement of Criminal Sentences

ORDINANCE

Amending and supplementing certain articles of the Enforcement of Criminal Sentences Ordinance

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

Pursuant to the Criminal Code No. 32/1999/QH10;

Pursuant to the Criminal Procedure Code No. 19/2003/QH11;

Pursuant to Resolution No. 04/2007/QH12 on adjusting the legislative program for 2007;

The Standing Committee of the National Assembly promulgates the Ordinance amending and supplementing certain articles of the Enforcement of Criminal Sentences Ordinance.

Article 1. 

Amending and supplementing the Enforcement of Criminal Sentences Ordinance:

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

"Article 1.

Enforcement of criminal sentences is compelling persons sentenced to fixed-term imprisonment or life imprisonment to serve their sentences at prisons with the aim of educating them to become useful members of society, to have a sense of compliance with laws and social norms under socialism, and to prevent them from committing new crimes."

2. Supplement Article 1a as follows:

Article 1a.

The Minister of Public Security and the Minister of Defense shall decide based on management requirements for the detention of persons held in custody or temporary detention that persons sentenced to fixed-term imprisonment of up to five years shall serve their sentences at temporary detention centers. The number of persons serving sentences at temporary detention centers shall be calculated as a percentage of the total number of persons held in custody or temporary detention but shall not exceed fifteen percent.

Persons serving sentences at temporary detention centers shall have obligations and rights similar to those of persons serving sentences at prisons.

The warden of the temporary detention center shall be responsible for managing, detaining, and educating persons serving sentences at the temporary detention center in accordance with the law on enforcement of criminal sentences."

3. Article 10 shall be amended and supplemented as follows:

"Article 10.

Prisons are places where persons sentenced to imprisonment serve their sentences. The organizational structure of prison management includes the Warden, Deputy Wardens, warders, specialists, staff, technical personnel, and military officers and soldiers of the security force.

The Warden of the prison commands the staff and soldiers and is responsible for managing, detaining, and educating persons serving sentences at the prison in accordance with the law."

4. Article 11 shall be amended and supplemented as follows:

"Article 11.
1. Based on the nature of the crime and the sentence of persons serving sentences, prisons organize detention as follows:
a) Detention area for persons sentenced to more than 15 years or life imprisonment, or persons sentenced to imprisonment who are dangerous recidivists;
b) Detention area for persons sentenced to up to 15 years.

2. Female persons serving sentences and minors shall be detained separately."

5. Repeal Article 12 and Article 13.

6. Article 15 is amended and supplemented as follows:

"Article 15.
1. When admitting persons sentenced to imprisonment to a prison to serve their sentences, the following documents must be provided:
a) A copy of the judgment that has taken effect; in cases of appellate, supervisory, or retrial judgments, the original trial judgment must also be included;
b) Decision on enforcement of the sentence;
c) Identity record of the person sentenced to imprisonment;
d) Copy of passport or other documents proving nationality for foreign nationals sentenced to imprisonment;
e) Decision of the prison management authority to admit the person sentenced to imprisonment to the prison.

2. Within seven days from the date of admission of the person sentenced to imprisonment to the prison, the Warden of the prison must notify in writing the court that issued the decision on enforcement of the sentence, the prison management authority, and the relatives of the person sentenced to imprisonment. In cases where the person sentenced to imprisonment is a foreign national, the Warden of the prison must send a written notification to the consular office of the Ministry of Foreign Affairs of Vietnam to inform the representative of the country of which the person sentenced to imprisonment holds nationality."

7. Article 17 is amended and supplemented as follows:

"Article 17.
1. Suspension of the execution of the sentence of imprisonment must comply with the provisions of Article 61 of the Criminal Code and Article 261 of the Criminal Procedure Code. The Chief Justice who suspended the execution of the sentence of imprisonment must issue a decision on enforcement of the sentence so that when the suspension period ends, the person sentenced to imprisonment must immediately enter the prison to serve the sentence of imprisonment.

Reduction of the term of imprisonment must comply with the provisions of Articles 58, 59, and 76 of the Criminal Code, and Articles 268 and 269 of the Criminal Procedure Code.

2. Temporary suspension of the execution of the sentence of imprisonment must comply with the provisions of Article 62 of the Criminal Code and Article 262 of the Criminal Procedure Code. The Chief Justice who temporarily suspended the execution of the sentence of imprisonment must issue a decision on enforcement of the remaining part of the sentence so that when the suspension period ends, the person whose execution of the sentence was temporarily suspended must immediately enter the prison to continue serving the sentence of imprisonment."

8. Article 18 is amended and supplemented as follows:

"Article 18.
1. When a person sentenced to imprisonment has completed serving the sentence, on the same day, the Warden of the prison must release them, issue a certificate confirming completion of the sentence of imprisonment, and introduce them to the People's Committee of the commune, ward, town where they reside or the organization where they work; at the same time, must report in writing to the prison management authority and notify the court that issued the decision on enforcement of the sentence, the civil enforcement agency where the person resides or works if the person must execute a monetary fine or civil obligation in the judgment or decision of the court regarding criminal matters.

2. Foreign nationals who have completed serving the sentence of imprisonment may stay at accommodation facilities managed by the Ministry of Public Security or the Ministry of Defense during the process of completing departure procedures."

9. Article 20 shall be amended and supplemented as follows:

"Article 20.
1. Persons serving sentences of imprisonment are guaranteed food standards by the State. Based on the health needs of persons serving sentences during detention, labor, and study at the prison, the Government shall specify specific monthly food quotas in line with economic conditions, budget, and market price fluctuations.

2. Persons serving sentences of imprisonment shall live in collective cells; the minimum sleeping space for each person is 2 square meters."

10. Article 21 is amended and supplemented as follows:

Article 21.
1. Periodically, the State shall provide clothing, bedding, mosquito nets, essential items, and protective equipment for labor based on gender, climate conditions, and the nature of work for persons serving sentences of imprisonment. The provision system and models of clothing are regulated by the Government.

2. Persons who have completed serving their sentences of imprisonment shall be returned all money and other property they deposited at the prison; they shall be provided with travel expenses and food costs for the journey back to their place of residence or workplace."

11. Article 22 shall be amended and supplemented as follows:

"Article 22.
1. Outside of study and vocational training time, persons serving custodial sentences must work and are entitled to rest on holidays, festivals, Saturdays, and Sundays as prescribed by law. All revenues and expenditures from labor and vocational activities of persons serving custodial sentences must be recorded through the financial-accounting system of the detention center according to the current state accounting and statistical regulations.
2. The results of labor of persons serving custodial sentences, after deducting reasonable expenses, shall be used as follows:
a) To supplement the food allowance for persons serving custodial sentences;
b) To supplement the welfare fund of the detention center;
c) As rewards for persons serving custodial sentences who achieve labor results exceeding targets and increasing labor productivity;

d) To reinvest in the detention center for purchasing equipment, means, and tools for labor and constructing facilities to serve the organization of labor and vocational training for persons serving custodial sentences."

12. Article 25 is amended and supplemented as follows:

"Article 25.

During the period of serving custodial sentences, convicted persons are permitted to send and receive letters, parcels, postal items, meet relatives, communicate by telephone with relatives, and receive gifts in accordance with the provisions of the Government."

13. Article 27 is amended and supplemented as follows:

"Article 27.
1. Persons serving custodial sentences are entitled to health protection and disease prevention measures, medical examination, and treatment at the detention center's infirmary. In cases where serious illness requires treatment at another state medical facility, the detention center director shall notify the relatives or legal representatives of the person concerned to cooperate in care and treatment.

If there is evidence that a person serving custodial sentences suffers from mental illness or another disease that impairs their ability to understand or control their actions, upon the request of the detention center director, the President of the People's Court of the province or the President of the Military Court of the military region where the convicted person serves their sentence must request a forensic medical examination.

Based on the conclusions of the forensic medical examination board, the President of the People's Court of the province or the President of the Military Court of the military region may decide to admit them to a specialized medical facility for compulsory treatment. After recovery, they must continue to serve their sentence unless there is a reason to exempt them from doing so.

2. The Ministry of Health shall coordinate with the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance to organize disease prevention and treatment for persons serving custodial sentences; to establish specialized medical facilities for compulsory treatment of persons serving custodial sentences suffering from mental illness.

The funds for disease prevention and treatment for persons serving custodial sentences shall be provided by the state budget."

14. Article 28 is amended and supplemented as follows:

"Article 28.
1. When a person serving custodial sentences dies in a detention center, the detention center director shall immediately report to the Investigation Agency, the People's Procuracy, and the local health authority at the county level or the Military Investigation Agency, the Military Procuracy, and the military hospital where the detention center is located to determine the cause of death, prepare a record witnessed by representatives of other inmates, and complete the death registration procedures with the local authorities. In cases where a person serving custodial sentences dies during treatment at a state medical facility, the medical facility shall notify and provide the death certificate to the detention center.

Immediately after the death of a person serving custodial sentences, the detention center director shall inform the deceased's relatives before burial procedures are carried out, then notify in writing the court that issued the enforcement decision. In cases where a foreign national serving custodial sentences dies, the detention center director must send a written notification to the diplomatic mission of the Vietnam Ministry of Foreign Affairs to inform the representative of the country of which the deceased is a citizen.

Within twenty-four hours after notifying the deceased's relatives and the aforementioned agencies, the detention center director shall be responsible for organizing the burial and deciding on cremation or ground burial based on geographical conditions, customs, and traditions. The burial expenses for persons serving custodial sentences who die shall be covered by the state budget.
2. In cases where the relatives or legal representatives of the deceased request to receive the body for self-burial, the detention center director may consider and decide to allow receipt of the body, except in cases affecting security, order, and environmental hygiene.

3. Persons serving custodial sentences who die or suffer injuries due to work accidents shall be entitled to benefits as prescribed by the Government."

Article 2

Amend and supplement the wording of the Law Enforcement Decree on Custodial Sentences as follows:

1. The phrase "Ministry of Interior" in Articles 5, 9, and 23 shall be replaced by the phrase "Ministry of Public Security".

2. The phrase "has signed or participated in" in Article 36 shall be replaced by the phrase "is a member".

3. Remove the phrase "State" in Article 36.

Article 3

1. This Ordinance takes effect from January 1, 2008.

2. The Government, the Supreme People's Procuracy, and the Supreme People's Court within their respective mandates shall issue detailed regulations and guidelines for the implementation of this Ordinance.