Joint Circular No. 03/2012/TTLT-BCA-BQP-BNG guiding the visit and consular contact with prisoners

JOINT CIRCULAR
GUIDELINES ON VISITS AND CONSULAR CONTACTS WITH PRISONERS
 

Based on the Criminal Enforcement Law 2010;

Pursuant to the 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;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

The Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs issue guidelines on visits and consular contacts with foreign prisoners serving fixed-term imprisonment, life imprisonment, and foreign nationals sentenced to death as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides guidance on principles, procedures for notification, visits, and consular contacts with foreign prisoners serving fixed-term imprisonment, life imprisonment, and foreign nationals convicted of crimes and sentenced to death (collectively referred to as prisoners).

Article 2. Applicability

This Circular applies to diplomatic missions, consular offices of foreign countries in Vietnam (collectively referred to as diplomatic and consular offices), detention centers, temporary detention centers, foreign prisoners, and related agencies, organizations, and individuals.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be applied according to the treaty.

Article 3. Principles of Visits and Consular Contacts with Foreign Prisoners Serving Fixed-Term Imprisonment, Life Imprisonment, and Foreign Nationals Convicted of Crimes and Sentenced to Death

1. Compliance with legal regulations.

2. Ensuring humanitarian policies and equality before the law.

3. Ensuring the legitimate rights and interests of foreign prisoners serving fixed-term imprisonment, life imprisonment, and foreign nationals convicted of crimes and sentenced to death.

4. Encouraging prisoners to voluntarily and positively engage in study, labor, and fulfill their obligations as prisoners.

Chapter II

PROCEDURES FOR NOTIFICATION OF VISITS AND CONSULAR CONTACTS

Article 4. Notification of Prisoner Arrival to Serve Sentence

1. Within five working days from the date of receiving a foreign prisoner at the detention center to serve a sentence or from the date when a foreign national is convicted of a crime and sentenced to death, the warden of the detention center or temporary detention center must notify in writing the competent agency under the Ministry of Foreign Affairs and report to the Criminal Enforcement Management Agency under the Ministry of Public Security or the Criminal Enforcement Management Agency under the Ministry of National Defense.

2. The contents of the notification include: full name of the prisoner; date of birth; place of birth; gender; nationality; copy of passport or other travel documents; offense, date of arrest, sentence, fine, additional penalties, obligation to compensate damages, and other civil obligations (if any); court that issued the judgment; date of arrival at the detention center, place of enforcement; health condition upon entry into the detention center; and other relevant information (if any).

3. The competent agency under the Ministry of Foreign Affairs is responsible for notifying the diplomatic and consular office of the country whose citizen is the prisoner to confirm their nationality.

4. Within sixty days from the date of receipt of the notification from the detention center, the competent agency under the Ministry of Foreign Affairs is responsible for notifying in writing the Criminal Enforcement Management Agency under the Ministry of Public Security or the Criminal Enforcement Management Agency under the Ministry of National Defense of the results of verifying the nationality of the prisoner.

Article 5. Notification of completion of imprisonment sentence by prisoners and execution of death penalty for foreign criminals

The prison director has the responsibility to notify in writing to competent agencies under the Ministry of Foreign Affairs and report to the Criminal Enforcement Management Agency under the Ministry of Public Security or the Criminal Enforcement Management Agency under the Ministry of National Defense in the following cases:

1. Four (4) months before the prisoner completes the imprisonment sentence;

2. Immediately after the prisoner is granted amnesty or has completed the entire term of imprisonment;

3. Immediately after receiving the decision on the execution of the death penalty by the competent authority against foreign criminals sentenced to death.

The notification content includes: full name of the prisoner; date of birth; place of birth; gender; nationality; criminal charge, date of arrest, sentence, fine, additional penalties, obligation to compensate for damages and other civil obligations (if any) that the prisoner still needs to fulfill and which have been sentenced by the court; time of completion of the sentence, results of serving the imprisonment sentence, and other necessary information related thereto;

Competent agencies under the Ministry of Foreign Affairs are responsible for notifying the diplomatic or consular agency of the country whose citizen is involved to process the reception procedures for their citizen upon issuance of the certificate of completion of the imprisonment sentence or to inform about the decision on the execution of the death penalty by the competent authority against their citizen sentenced to death.

Chapter III

ORGANIZATION OF VISITS AND CONSULAR CONTACTS

Article 6. Procedures for visits and consular contacts

1. Visits and consular contacts are activities carried out by diplomatic or consular officials from the diplomatic or consular agency of the country where the prisoner holds citizenship to conduct visits and consular contacts.

2. Diplomatic or consular agencies requesting visits and consular contacts with prisoners holding their citizenship who are serving sentences in Vietnam must submit a written request to the competent agency under the Ministry of Foreign Affairs. The content of the request includes:

a) Name of the diplomatic or consular agency sending the letter;

b) Full name and nationality of the prisoner to be visited and contacted;

c) Prison where the prisoner is serving the sentence;

d) Full name and position of those coming to visit and contact;

e) Full name of the interpreter (if any).

3. Within five (5) working days from the date of receipt of the request, the Ministry of Foreign Affairs shall notify the Criminal Enforcement Management Agency under the Ministry of Public Security or the Criminal Enforcement Management Agency under the Ministry of National Defense. Within fifteen (15) days from the date of receipt of the notification from the competent agency under the Ministry of Foreign Affairs, the Criminal Enforcement Management Agency under the Ministry of Public Security or the Criminal Enforcement Management Agency under the Ministry of National Defense must reply in writing to the competent agency under the Ministry of Foreign Affairs to notify the diplomatic or consular agency that made the request so they can contact the Criminal Enforcement Management Agency under the Ministry of Public Security or the Criminal Enforcement Management Agency under the Ministry of National Defense to obtain an introduction letter for visits and consular contacts.

Article 7. Responsibilities of visitors and consular contacts

1. Present the introduction letter for visits and consular contacts, diplomatic or consular identification card.

2. Adhere to the regulations of the prison regarding visits and consular contacts.

3. Not allowed to transfer items prohibited from entering the prison to the prisoner or to make contact with others in the visiting area.

4. Encourage the prisoner to comply well with the prison rules and laws of the Socialist Republic of Vietnam. Not allowed to express support or encouragement for the prisoner's violation of the law through words or actions.

5. During the visit and consular contact, not allowed to use recording, audio, photography equipment or other technical devices without the consent of the supervising officer.

6. Respect the laws and customs of Vietnam.

7. Not allowed to engage in any other activities outside the scope of visits and consular contacts.

Article 8. Responsibilities of Detention Centers and Temporary Detention Centers

1. Organize the implementation of visits and consular meetings in accordance with the provisions of the law to ensure the legitimate rights and interests of prisoners.

2. Take measures to monitor and supervise visits and consular meetings to ensure security and safety for diplomatic and consular officials, and promptly detect, prevent, and handle according to the provisions of the law any acts of misusing visits and consular meetings to slander, disseminate false information, or violate regulations on visits and consular meetings, as well as the Internal Rules of Detention Centers and Temporary Detention Centers.

Article 9. Responsibilities of Staff Monitoring Visits and Consular Meetings

1. Receive letters of introduction for visits and consular meetings, check the diplomatic and consular identification cards of visitors.

2. Inform about the detention center's regulations on visits and consular meetings.

3. Report on the health condition and rehabilitation attitude of the prisoner being visited.

4. Monitor and supervise the process of visits and consular meetings, record the visit and consular meeting in a report.

5. During the monitoring of visits and consular meetings, if violations of regulations on visits and consular meetings or the Internal Rules of Detention Centers and Temporary Detention Centers are detected by the visitor or the prisoner being visited, the monitoring staff has the right to remind or request the termination of the visit and consular meeting.

6. Report to the detention center warden on handling any requests from diplomatic and consular agencies (if any).

Article 10. Time for Visits

1. Visits and consular meetings shall be conducted during working hours and working days.

2. Prisoners may have one visit or consular meeting per month, each lasting no more than 1 (one) hour.

3. In special cases and with the approval of the detention center warden, the duration of visits and consular meetings may be extended but not exceeding 2 (two) hours.

Article 11. Cases Where Visits and Consular Meetings Will Not Be Arranged

1. When a prisoner submits a written refusal to have a visit or consular meeting.

2. For reasons of ensuring security, order, and safety at the detention center or preventing diseases and natural disasters.

The Ministry of Foreign Affairs is responsible for informing diplomatic and consular agencies of the specific reasons for not arranging visits and consular meetings.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Circular takes effect from April 2, 2012. Any previous guidelines issued by the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs regarding visits and consular meetings for prisoners that contradict this Circular are hereby abolished.

Article 13. Responsibility for Implementation

1. Relevant agencies, organizations, and individuals under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs are responsible for implementing this Circular.

2. In the course of implementing this Circular, if there are any difficulties, agencies and units should report to the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs for timely guidance.