Joint Circular No. 02/2012/TTLT-BCA-BQP-BTP-BGDĐT guiding the organization of cultural education, legal education, civic education, dissemination of current information, policies, and implementation of living conditions and entertainment for prisoners.

JOINT CIRCULAR

Guidelines for organizing cultural education, legal education, civic education, disseminating current information, policies, and implementing living conditions and entertainment for prisoners

thông tin về tình hình thời sự, chính sách và việc thực hiện chế độ sinh hoạt, giải trí cho phạm nhân

 

Based on the Criminal Enforcement Law 2010;

Based on the Education Law 2005; the Law Amending and Supplementing Certain Provisions of the Education Law 2010;

Based on Decree No. 117/2011/NĐ-CP dated December 15, 2001 of the Government stipulating the organization of prisoner management and food, clothing, accommodation, living conditions, and medical care for prisoners;

Based on Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of Decree No. 75/2006/NĐ-CP;

Based on Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, and the Ministry of Education and Training provide guidelines for organizing cultural education, legal education, civic education, disseminating current information, policies, and implementing living conditions and entertainment for prisoners as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the organization of cultural education, legal education, civic education, dissemination of current information, policies, and living conditions and entertainment for prisoners.

Article 2. Applicability

This Circular applies to prisoners serving custodial sentences at prisons, detention centers, and temporary holding facilities managed by the Ministry of Public Security and the Ministry of National Defense; relevant agencies, organizations, units, and individuals.

Article 3. Principles of Implementation

1. Compliance with the provisions of the Criminal Enforcement Law, the Education Law, and other current regulatory legal documents related thereto.

2. Ensuring favorable conditions for prisoners to study culture, legal education, be informed about current events and policies, and engage in living conditions and entertainment during their custodial sentence to help them become useful members of society sooner.

3. The Ministry of Public Security and the Ministry of National Defense shall take the lead in organizing cultural education, legal education, civic education, disseminating current information, policies, and implementing living conditions and entertainment for prisoners; the Ministry of Education and Training and the Ministry of Justice shall cooperate in implementation.

Chapter II

ORGANIZATION OF CULTURAL EDUCATION

Article 4. Objectives and Curriculum

1. Compulsory implementation of the illiteracy eradication program for prisoners who cannot read or have become illiterate again.

2. Compulsory implementation of the primary school curriculum or continuing education after learning to read and basic secondary education for juvenile prisoners.

3. Encouraging and creating conditions for prisoners to self-study to improve their cultural level. Encouraging foreign prisoners to learn Vietnamese.

4. For prisoners who have discontinued or dropped out midway through the illiteracy eradication program and continuing education after learning to read, or the regular secondary education program (for juvenile prisoners), the prison, detention center, or local criminal enforcement agency shall decide based on their records and academic transcripts whether to continue organizing cultural education for them appropriately.

5. In cases where prisoners are studying the illiteracy eradication program and continuing education after learning to read, or the regular secondary education program (for juvenile prisoners) and will complete their custodial sentence, they may retain their academic results to continue their cultural studies at educational institutions within the national education system.

6. The provision of cultural education, legal education, and civic education for deaf, blind, intellectually disabled, or frequently ill prisoners shall be decided by the prison warden, detention center director, or head of the local criminal enforcement agency on a case-by-case basis.

Article 5. Study Time

1. The illiteracy eradication program for prisoners shall be conducted four sessions per week, each session lasting 4 (four) hours, excluding Sundays, holidays, and Tet.

2. The illiteracy eradication program and post-literacy education, as well as the regular secondary school education program for juvenile prisoners, shall be organized on all days of the week, with one session per day, each session lasting 4 (four) hours, excluding Sundays, holidays, and Tet.

Article 6. Teaching Materials

Depending on the curriculum, textbooks and appropriate teaching materials shall be used according to the regulations and guidelines of the Ministry of Education and Training, including: illiteracy eradication and post-literacy education materials, and secondary school textbooks.

Article 7. Management and Organization of Cultural Education

1. Prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the district level shall take the lead in organizing cultural education for prisoners.

Based on specific conditions and the number of prisoners studying, the prison director, detention center director, or head of the criminal enforcement agency at the district level shall decide to open classes for prisoner cultural education.

2. The Director of the Department of Education and Training, and the Head of the Education and Training Division where the prisons, detention centers, or temporary holding facilities are located shall have the responsibility to cooperate, assign teachers to teach cultural education to prisoners, organize professional training courses for staff responsible for prisoner cultural education upon request from the prison director, detention center director, or head of the criminal enforcement agency at the district level.

3. Teachers providing cultural education to prisoners are teachers from educational institutions under the Ministry of Education and Training and staff engaged in educational work at prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the district level.

4. The management and implementation of cultural education programs, organization of final examinations, and issuance of secondary school graduation certificates for prisoners shall be carried out by the Education and Training Divisions where prisoners serve their sentences according to the regulations of educational institutions under the Ministry of Education and Training.

5. The organization of implementation of programs, examination, evaluation, and classification of learning outcomes, recognition of completion of illiteracy eradication and post-literacy education programs for prisoners shall be the responsibility of the educational institutions assigned the task, in accordance with the regulations of the Ministry of Education and Training.

Chapter III

ORGANIZATION OF LEGAL EDUCATION AND CITIZENSHIP EDUCATION

Article 8. Curriculum and Content of Legal Education and Citizenship Education

1. During the period of serving their sentences, prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the district level shall organize legal education and citizenship education according to programs for newly arrived prisoners, programs for currently serving prisoners, and programs for prisoners nearing the end of their sentences.

2. Basic contents of legal education and citizenship education:

a) Achievements in national and local economic, cultural, and social development; new policies and guidelines of the Party and State related to prisoners and reintegration into society after completing sentences;

b) Fundamental rights and obligations of citizens as stipulated in the Constitution and laws; rights and obligations of prisoners as stipulated in the Law on Criminal Enforcement, the Amnesty Law, and other guiding documents;

c) Provisions on crimes, punishments, suspension, temporary cessation, exemption, reduction of sentence execution periods, amnesty, expungement of criminal records, and other essential contents as prescribed in the Resolutions of the National Assembly, the Penal Code, the Criminal Procedure Code, the Law on Criminal Enforcement, the Civil Code, the Civil Procedure Code, the Law on Execution of Civil Judgments, the Labor Code, the Residence Law, the Education Law, the Road Traffic Law, the Inland Waterway Traffic Law, the Vocational Training Law, the Marriage and Family Law, the Amnesty Law, the Law on Prevention and Control of Narcotics, the Law on Prevention and Control of HIV/AIDS;

d) Rules and regulations of the prison and standards for commendation in sentence execution compliance, classification of sentence execution compliance;

đ) Basic rules regarding orderly and civilized living habits in prisons, detention centers, and temporary holding facilities;

e) Social ethical standards in relationships with oneself, others, work, family, and community;

g) Essential life skills for prisoners during the sentence execution process and reintegration into society;

h) Basic issues concerning the history, culture, and traditions of the Vietnamese nation.

3. The content of lectures and teaching materials for legal education and citizenship education for prisoners shall be compiled by the criminal enforcement management agencies of the Ministry of Public Security and the Ministry of Defense, in collaboration with relevant units of the Ministry of Justice and the Ministry of Education and Training, based on the topics mentioned in Clause 1, Article 7 of this Circular, tailored to the age, cultural level, sentence duration of prisoners, and the requirements of detention, management, and prisoner rehabilitation education.

Article 9. Time and Form of Legal Education and Civic Education

1. The time for organizing legal education and civic education for prisoners shall be on working days of the week or Saturdays, with two (2) sessions per week, each session consisting of five (5) periods.

2. Prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the provincial level may organize legal education and civic education for prisoners through various forms suitable to the specific conditions of their units, the capabilities of teachers, and the understanding of prisoners. The main form is organizing classes (teachers give lectures, wardens organize discussions in teams or groups). The dissemination of materials and guidance on legal education and civic education for prisoners can be carried out through internal broadcasting systems, cable television, tapes, video discs, and other appropriate forms.

Article 10. Teachers of Legal Education and Civic Education

1. Teachers of legal education and civic education for prisoners are leaders, commanders, and education staff of prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the provincial level who have a bachelor's degree or higher.

Prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the provincial level may invite teachers or experts in law and civic education with a bachelor's degree or higher who are currently working at educational institutions under the Ministry of Education and Training or agencies under the Ministry of Justice to teach law and civic education to prisoners.

2. Based on the specific requirements of the unit, prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the provincial level may propose the recruitment of graduates from Law, Psychology, Education majors or teachers from educational institutions under the Ministry of Education and Training to undertake the teaching of law and civic education for prisoners.

Article 11. Organization of Legal Education and Civic Education for Foreign Prisoners

For foreign prisoners, prisons and detention centers shall organize legal education and civic education with contents, methods, and forms suitable to the target group, specifically:

1. Basic contents of Vietnamese laws related to the criminal acts of foreign prisoners; regulations on standards for competition in serving sentences and classification of compliance with sentences and prison rules; basic rules on orderly and civilized living in prisons and detention centers.

2. Contents on essential life skills for foreign prisoners during the period of serving sentences in Vietnam and some basic issues about the history, culture, and traditions of the Vietnamese nation.

3. Depending on the level of understanding of the Vietnamese language of foreign prisoners, prisons and detention centers may teach in Vietnamese, English, or provide translated materials for foreign prisoners to study and learn. The content and learning materials on legal education and civic education may be translated into English or the language of their country.

Chapter IV

ORGANIZATION OF THE DISSEMINATION OF CURRENT AFFAIRS INFORMATION, POLICIES AND LIVING REGIMES, ENTERTAINMENT

Article 12. Dissemination of Current Information and Policies

Prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the district level shall directly organize the dissemination of current information and policies to inmates; they shall also organize for inmates to watch the News program of Vietnam Television, local television stations, view videos or internal cable television, listen to Voice of Vietnam or internal radio systems, and read the People's Newspaper during appropriate times as stipulated by prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the district level.

The dissemination of current information and policies to inmates shall be organized on a monthly basis or upon request.

Article 13. Time for Leisure Activities and Library Activities of Inmates

1. Apart from daily working and studying hours and on Sundays, holidays, and Tet, inmates may participate in physical exercise, sports, cultural activities, artistic performances, recreational activities, reading books, and newspapers that are suitable to the conditions of the prison, detention center, temporary holding facility, and the requirements of custody, management, and rehabilitation of inmates.

2. All contents, programs, and materials related to the leisure activities of inmates must be reviewed and approved by the Warden of the prison or detention center, or the Head of the criminal enforcement agency under the Public Security Department at the district level.

3. In each section of the prison where libraries are established, and in sections managing inmates in detention centers and holding areas in temporary holding facilities, bookshelves for inmates to read books and newspapers shall be arranged. Libraries shall be equipped with tables, chairs, bookshelves, computers, various types of books, newspapers, and other publications to meet the needs of reading and entertainment for inmates.

Prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the district level shall cooperate with the Culture, Sports, and Tourism sector in their location to provide and exchange various types of books and newspapers for inmates to read. They may also accept specialized books and newspapers suitable for the educational and vocational training needs of inmates sent by other agencies, organizations, or individuals. Books, newspapers, and publications must be carefully reviewed by responsible staff before being made available for inmates to read.

4. The time allocated for cultural and artistic activities and recreational activities for juvenile inmates shall be twice that of adult inmates.

Article 14. Exchange of Information Regarding Cultural Education, Legal Education, Civic Education, and Living and Entertainment Regimes for Juvenile Inmates

1. Relatives or legal representatives of juvenile inmates shall be provided with information by prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the district level regarding the situation of cultural education, legal education, civic education, living and entertainment regimes, compliance with sentences, and the provision of books, newspapers, study materials, sports equipment, and recreational items for their children according to the law.

2. Prisons, detention centers, and criminal enforcement agencies under the Public Security Department at the district level shall prioritize time, learning methods, and physical exercise, sports, cultural, and artistic activities, and recreational activities suitable to the specific conditions of the prison, detention center, temporary holding facility, and the age, physical condition, gender, and educational level of juvenile inmates.

Chapter V

EXPENSES FOR GUARANTEE AND REGIME, POLICIES TOWARDS STAFF AND TEACHERS PARTICIPATING IN THE TEACHING OF CULTURAL EDUCATION, LEGAL EDUCATION, AND CITIZENSHIP EDUCATION FOR INMATES

Article 15. Funding Assurance

1. Sources of funding for organizing cultural education, legal education, civic education, disseminating current information, policies, and implementing living conditions, entertainment for prisoners include:

a) The State budget guaranteed in the annual budget plan of the Ministry of Public Security and the Ministry of National Defense;

b) Revenue from the labor results of prisoners according to the law;

c) Contributions from organizations and individuals according to the law.

2. Management and use of funds shall be carried out in accordance with laws on state budget and other relevant laws.

Article 16. Treatment and Policies for Teachers and Staff Involved in Cultural Education, Legal Education, and Civic Education for Prisoners

1. Teachers or staff from the Ministry of Education and Training and the Ministry of Justice involved in cultural education, legal education, and civic education for prisoners shall enjoy the same benefits as when they are on duty; in addition, they shall be compensated for teaching in special environments by prisons, detention centers, and criminal enforcement agencies under the county-level public security organs.

2. The amount of compensation for teachers or staff participating in cultural, legal, and civic education teaching is as follows: one teaching session (four hours) shall not exceed 0.25 times the national minimum wage for staff and teachers of educational institutions under the Ministry of Education and Training or the Ministry of Justice; and not more than 0.15 times the national minimum wage for prison staff, detention center staff, and criminal enforcement agency staff under the county-level public security organs.

3. Staff responsible for cultural education, legal education, and civic education at prisons, detention centers, and criminal enforcement agencies under the county-level public security organs shall be awarded commendations and honors according to the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from March 26, 2012, and replaces Sections I, II, and IV of Circular No. 11/TTLB dated December 20, 1993, issued by the Joint Ministries of Interior, National Defense, Finance, Education and Training, Labor, Invalids, and Social Affairs guiding the education of law, civic education, cultural education, vocational training, living conditions, and entertainment for prisoners.

Article 18. Responsibility for Implementation

1. The Minister of Public Security and the Minister of National Defense shall direct, guide, and inspect prisons, detention centers, and criminal enforcement agencies at all levels to implement this Circular.

2. The Minister of Justice shall direct provincial justice departments to cooperate with prisons, detention centers, and criminal enforcement agencies at all levels to organize the dissemination, popularization, and legal education, civic education for prisoners.

3. The Minister of Education and Training shall direct educational management levels and educational institutions to cooperate with prisons, detention centers, and criminal enforcement agencies at all levels to organize cultural education for prisoners.

During the implementation of this Circular, if there are difficulties or obstacles, relevant agencies, units, and localities shall report to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, and the Ministry of Education and Training for timely guidance./.