Circular No. 06/2018/TT-BCA stipulates standards for commendation in the enforcement of custodial sentences and classification of custodial sentence enforcement for prisoners.

CIRCULAR

Regulations on standards for commendation in the execution of custodial sentences
and classification of the execution of custodial sentences for prisoners

Based on the Criminal Enforcement Law 2010;

Decree No. 1Decree 06/2014/NĐ-CP dated November 17, 2014 stipulating the functions, 11 tasks, authorities, and organizational structure of the Ministry of Public Security;iAt the proposal of the Director of the Criminal Enforcement Agency and Legal Aid;

The Minister of Public Security issues this Circular regulating standards for commendation in the execution of custodial sentences and classificationi of custodial sentences for prisoners,ìThis Circular regulates standards for commendation in the execution of custodial sentences and conditions, procedures, formalities, authority to review and decide on the classification of the execution of custodial sentences

(hereinafter referred to as classificationrime Minister cfor prisoners). not exceeding ||| decision June 2024;1. Prisoners currently serving custodial sentences at prisons, detention centers, or temporary holding facilities under the People's Public Security.

PART I

GENERAL PROVISIONS

This Circular stipulates detailed regulations on pharmaceutical business, including: đAdjustment

2. Authorities or persons with the authority to propose, review, and decide on the classification for prisoners. 1. Ensuring objectivity, fairness, transparency, democracy, and continuity.policies2. Encouraging prisoners to recognize their crimes, repent, actively study, work, pay fines, and fulfill supplementary penalties such as monetary fines, compensation for damages, and other civil obligations resulting from their criminal acts.Article 4. Time period for classification for prisoners) 1. The time period for classification for prisoners starts from the date of recording their admission to prison or the division managing prisoners in detention centers or cells managing prisoners in temporary holding facilities designated to enforce custodial sentences.

Article 2. Applicability

2. In cases where prisoners are transferred between prisons, detention centers, or temporary holding facilities, the time period and results of their classification are counted continuously throughout the entire process before and after the transfer.

Article 5. Prohibited actions in the classification for prisoners

3. Relevant agencies, organizations, and individuals.

Article 3. Principles for Classification of Prisoners

2. Tampering with records related to the classification for prisoners, exploiting the classification to infringe upon the legitimate rights and interests of prisoners or for other personal gains.

Article 6. Forms used in the classification for prisoners

Attached to this Circular is Appendix 21 (twenty-one) forms used in the classification for prisoners, marked from XL 01 to XL 21.

STANDARDS FOR COMMENDATION IN THE EXECUTION OF CUSTODIAL SENTENCES

AND CLASSIFICATION FOR PRISONERS

STANDARDS FOR COMMENDATION IN THE EXECUTION OF CUSTODIAL SENTENCES

1. Classifying prisoners without meeting the conditions, procedures, formalities, and authority as prescribed.

Article 7. Standards for commendation in the execution of custodial sentences

1. Standard 1

Recognizing the gravity of their crimes, repenting; actively remedying the consequences caused by their criminal acts. Truthfully reporting, denouncing crimes, and providing information about criminal activities of others that they know.

Chapter II

2. Standard 2
Strictly complying with laws, court judgments and decisions; internal regulations of prisons, detention centers, and temporary holding facilities; actively preventing and combating violations; maintaining discipline, order, and civility; not engaging in negative attitudes, words, or actions that cause division, disrupt unity, or have a detrimental impact on other prisoners.

Section 1
3. Standard 3

Actively, conscientiously, and exemplary in labor, vocational training, participating fully in workdays, working with discipline, productivity, and quality, completing labor quotas; fulfilling safety, hygiene, and environmental protection requirements; promoting the commendation movement among prisoners.

4. Standard 4

Actively and conscientiously studying, cultivating morals; respecting the lives, health, dignity, personality, and property of themselves and others; having a sense of helping other prisoners to improve and strive to become useful members of society.

CLASSIFICATION FOR PRISONERS

Strictly comply with the provisions of the law, court judgments, and decisions; internal regulations and rules of detention centers, temporary detention centers, and holding facilities; actively prevent and combat violations; maintain disciplined, orderly, and civilized living habits; refrain from negative attitudes, words, and actions that cause division, undermine unity, and have adverse effects on other prisoners.

3. Standard 3

Actively, conscientiously, and exemplary in labor, vocational training, fully participating in workdays, working with discipline, productivity, and quality, completing labor quotas and standards; properly implementing safety, hygiene, and environmental protection requirements; promoting the competitive spirit among prisoners.

4. Standard 4

Actively and conscientiously study, train, and cultivate morals; respect the lives, health, dignity, personal integrity, and property of oneself and others; be aware of helping other prisoners to improve their training and studies, and strive to become useful members of society.

Section 2
CLASSIFICATION OF PRISONERS

Article 8. Classification of assessment results and periodic classification for prisoners

1. The classification of assessment results for prisoners is defined into four types, including: Excellent; Good; Average; Poor.

2. Periodic classification for prisoners is conducted according to: Week; month; quarter; six months; one year.

a) Prisoners who have been evaluated on attitude and results of serving their sentences for at least four days within a week shall be classified weekly. Weekly classification is carried out on Fridays every week. The period for weekly classification runs from Saturday of the previous week to Friday of the following week;

b) Prisoners who have been classified for at least three weeks or evaluated on attitude and results of serving their sentences for at least twenty days within a month shall be classified monthly. Monthly classification is carried out on the 25th of each month. The period for monthly classification runs from the 26th of the previous month to the 25th of the following month. In cases where prisoners have served their sentences for at least twenty days within a month, the classification period runs from the 5th to the 25th of that month;

c) Prisoners who have been classified for at least two months within a quarter shall be classified quarterly. Quarterly classification for the first quarter is carried out on February 25, second quarter on May 25, third quarter on August 25, and fourth quarter on November 25. The period for quarterly classification runs from the 26th of the last month of the previous quarter to the 25th of the last month of the following quarter;

d) Prisoners who have been classified for at least four months within six months shall be classified semi-annually. Semi-annual classification for the first half of the year is carried out on May 25; for the second half of the year on November 25. The period for semi-annual classification for the first half of the year runs from November 26 of the previous year to May 25 of the following year; for the second half of the year, it runs from May 26 to November 25 of the same year;

đ) Prisoners who have been classified for at least ten months within a year shall be classified annually. Annual classification is carried out on November 25 of each year. The period for annual classification runs from November 26 of the previous year to November 25 of the following year.

Article 9. Excellent Classification

Prisoners are classified as excellent when they fully meet the four competition standards in serving their sentences as stipulated in Article 7 of this Circular, specifically:

1. Regarding standard 1

a) Recognizing guilt means having a serious and comprehensive attitude and understanding about the nature, severity, and consequences of the criminal acts committed, sincerely confessing the truth and fully about their crimes;

b) Repentance means deeply regretting their crimes, trusting in the humanitarian and lenient policies and laws of the State, raising awareness and responsibility, being determined to correct their mistakes, complying well with the Internal Regulations, actively working and studying to progress, aiming to become useful members of society;

c) Truthfully reporting and denouncing the criminal acts of others known by them means voluntarily, truthfully reporting and denouncing, providing clear information about the events and criminal acts of others known by them, regardless of whether those individuals have been arrested, are serving their sentences, or are outside society;

d) Actively remedying the consequences caused by their criminal acts means that if prisoners are subject to supplementary punishments such as fines, payment of court fees, compensation for damages, or other civil obligations, they must have completed these obligations and have proof or confirmation from the competent authority. If prisoners have not completed or only partially completed these obligations but have been decided by the Court to be exempted from execution or the judgment has declared a temporary retention of money to ensure enforcement, the amount of which is equal to or higher than the amount required to fulfill these obligations or the assets have been seized and confirmed by the civil enforcement agency handling the case to be sufficient or higher to ensure enforcement, or the civil enforcement agency has issued a decision to suspend enforcement or a decision to conclude enforcement, then it is considered completed;

đ) In cases where prisoners are responsible for compensating for civil damages to victims or their legal representatives but have not completed or only partially completed these obligations, and the victim or their legal representative has provided a written agreement to waive the debt or confirm receipt of the full amount declared by the judgment and no longer request its execution, and this is confirmed by the civil enforcement agency handling the case or the People's Committee of the commune where the victim resides, it is considered completed;

e) When committing a crime, if the prisoner was under 18 years old and the Court decided to entrust the parents or legal representatives with the responsibility to compensate for civil damages, and if these persons have completed the compensation or the prisoner has repeatedly written letters, contacted by phone, or directly requested and encouraged the parents or legal representatives to complete the compensation, even if only partially, it is considered actively remedying the consequences;

g) Prisoners must fulfill their monthly maintenance obligations, and at the time of classification, if confirmed by the People's Committee of the commune where the person receiving maintenance resides or the civil enforcement agency handling the case that the obligations have been fulfilled up to that point, it is considered actively remedying the consequences.

2. Regarding standard 2

a) Prisoners must strictly comply with laws, judgments, and decisions of the Court, the Law on Enforcement of Criminal Sentences, Internal Regulations of detention centers, regulations of detention centers, temporary detention centers, and criminal enforcement agencies of county-level public security organs;

b) Actively preventing and combating negative manifestations, wrong attitudes, and behaviors of other prisoners;

c) Adhering to good living habits, discipline, order, civility, communication, and cultural conduct of prisoners;

d) Not having negative attitudes, words, or actions that distort the truth, cause division, undermine unity, and negatively impact other prisoners.

3. Regarding standard 3

a) Prisoners must always raise their awareness, take responsibility, set examples, be proactive, conscientious, diligent, and hardworking in labor and vocational training;

b) Fully participate in workdays, labor with discipline, productivity, quality, completing and exceeding assigned targets; properly implementing requirements for labor safety, hygiene, vocational training, protecting, and maintaining the environment;

c) Having a positive influence on the labor, study, and vocational training competition movement among prisoners.

4. Regarding standard 4

a) The offender must always uphold awareness, sense of responsibility, be proactive and self-disciplined, participate in studying laws, civic education, cultural studies, competitive movements, cultural and artistic activities, physical exercise, and sports (if available) organized by detention centers, temporary detention centers, or criminal enforcement agencies at district-level public security offices; develop themselves according to civilized living habits, healthy communication and behavior, moral cultivation, and strive to become useful members of society;

b) Respect the honor, life, health, dignity, and property of oneself and others;

c) Encourage and assist other offenders in labor, study, training, and daily life;

Article 10. Regularly classified as excellent

1. Weekly Classification: Convicts have all days of the week observed and evaluated with good compliance with the prison sentence.

2. Monthly Classification

a) All weeks in the month are classified as excellent;

b) Have at least two weeks classified as excellent (for months with four weeks), three weeks classified as excellent (for months with five weeks), including the last week of the month being classified as excellent, and the remaining weeks being classified as good;

c) For new offenders who have been classified for three weeks, all three weeks must be classified as excellent or two weeks as excellent and one week as good, with the last week being classified as excellent;

3. Quarterly Classification

a) All three months in the quarter are classified as excellent;

b) Two months are classified as excellent, with the last month of the quarter being classified as excellent, and one month is classified as fairly good (without any week classified as average);

c) For new convicts who have been eligible for classification for two months, both months must be classified as excellent, or the first month is classified as fairly good (without any week classified as average), and the last month is classified as excellent (all three months are classified as excellent).

4. Semi-annual Classification

a) Both quarters are classified as excellent;

b) Have the first quarter classified as good (without any week or month classified as average), the second quarter classified as excellent;

c) For new offenders who have been classified for four months, the first month must be classified as good or better (without any week classified as average), and the second quarter must be classified as excellent;

5. Annual Classification

a) The first six months and the last six months of the year are both classified as excellent;

b) Have the first six months of the year classified as good (without any month classified as average), and quarters III and IV classified as excellent;

6. New offenders who have prior convictions (not yet expunged) must undergo additional monitoring and probation periods. Offenders with one prior conviction must have the first quarter, those with two prior convictions must have the first six months, and those with three or more prior convictions must have the first year of their sentence without being classified as excellent (except in cases of meritorious service);

Article 11. Classification as Good

Offenders are classified as good when they fully meet the criteria specified in points a, b, c Clause 1; Clause 2; point a, c Clause 3 and Clause 4 of Article 9 of this Circular. As for the criteria specified in points d, đ, e, g Clause 1 and point b Clause 3 of Article 9 of this Circular, the following conditions must be met:

1. For the criteria specified in points d, đ, e, g Clause 1 of Article 9 of this Circular, offenders must "actively remedy the consequences caused by their criminal acts."

a) For offenders who have not yet implemented or have only partially implemented, they must have a commitment letter to continue implementation and relatives of the offender or a legally authorized representative must submit a statement detailing particularly difficult economic circumstances of the family, unable to provide conditions for the offender to fulfill supplementary punishments such as fines, court fees, compensation for damages, and other civil obligations. The statement must be confirmed by the People's Committee of the commune where the offender resides or the agency, unit where the offender works or studies, or the civil enforcement agency handling the case.

In cases where the offender has no relatives, including: paternal grandparents; maternal grandparents; biological parents; parents-in-law (or father-in-law/mother-in-law); adoptive parents; spouse; biological children, daughters-in-law, sons-in-law, adopted children; siblings; siblings-in-law; aunts, uncles, cousins; then the nearest relative may write the statement and it must be confirmed by the People's Committee of the commune where the offender resides that there are no relatives. If within three months from the date of admission to the prison, the detention center, or the holding cell, no contact can be made with any relatives, the offender must submit a statement detailing the circumstances, a commitment to continue implementation after completing the sentence, and this must be confirmed by the Warden of the prison, the Warden of the detention center, or the Head of the criminal enforcement agency at the district-level public security office;

In cases where the offender has relatives but the relatives do not have a fixed residence or the offender is a member of an ethnic minority group residing in remote, border, or island areas with particularly difficult socio-economic conditions as defined by the Government, and within three months from the date of admission to the prison, the detention center, or the holding cell, no contact can be made with the relatives, the offender must submit a statement detailing the circumstances, a commitment to continue implementation after completing the sentence, and this must be confirmed by the Warden of the prison, the Warden of the detention center, or the Head of the criminal enforcement agency at the district-level public security office. If later contact is established with the offender's relatives and they have the ability to help the offender fulfill the sentence, guidance will be provided according to the law; if they have particularly difficult economic circumstances and cannot help the offender fulfill the sentence, they will be guided to submit a statement as stipulated in point a Clause 1 of this Article;

b) The commitment letter to fulfill supplementary punishments such as fines, court fees, compensation for damages, and other civil obligations, and the statement detailing particularly difficult economic circumstances of the family as specified in point a Clause 1 of this Article must be written every three years, starting from the date the offender was admitted to the prison, the detention center, or the holding cell;

c) In cases where the relatives or legally authorized representatives of the offender have difficult economic circumstances and must implement supplementary punishments such as fines, court fees, compensation for damages, or other civil obligations in multiple installments, each installment must be accompanied by receipts, certificates, or confirmation from the civil enforcement agency handling the case or confirmed by the People's Committee of the commune, which will be considered as active remediation of the consequences.

d) In case the relatives or the lawful representative of the prisoner have difficult economic circumstances, and propose to fulfill the additional punishment of fines, court fees, compensation for damages, or other civil obligations in installments at the prison, temporary detention center, or criminal enforcement agency of the county-level public security organ, the prisoner shall write a commitment letter, and the prisoner's relatives shall submit a written application clearly stating the commitment period for fulfillment, while ensuring that the total value of each installment per year must be at least equal to the total amount to be fulfilled divided by the number of years of imprisonment (in cases of life imprisonment, it shall be divided by thirty years). Such commitments must be confirmed by the Warden of the prison, the Warden of the temporary detention center, or the Head of the criminal enforcement agency of the county-level public security organ. If the commitments are not fulfilled or are not fulfilled according to the agreement, such actions will not be considered as actively remedying the consequences.

đ) For foreign prisoners who have not yet completed the execution of additional punishments such as fines, court fees, compensation for damages, or other civil obligations, the Warden of the prison shall require them to write letters to their relatives, which shall be sent to the Criminal Enforcement and Legal Aid General Bureau (through the Prison Management Department, wardens) to transfer to the diplomatic or consular agencies of the country whose nationality the prisoner holds or to the agencies representing international organizations in Vietnam for coordination in handling.

2. As for the criteria stipulated in point b, Clause 3, Article 9 of this Circular, prisoners must fully participate in workdays, disciplined labor with productivity and quality, and complete assigned targets and quotas.

Prisoners who are war invalids, disabled veterans, disabled persons, have young children living together in the prison, temporary detention center, or pre-trial detention facility; are aged seventy or older; male prisoners aged sixty or older, female prisoners aged fifty-five or older, suffering from chronic illness or frequent illness, undergoing treatment at the infirmary or hospital and unable to participate in labor or cannot fully participate and complete assigned targets and quotas, must have a written request from the Head of the Medical and Environmental Protection Team or medical staff (for prisons without a Head of the Medical and Environmental Protection Team); from the Infirmary Director or medical staff (for temporary detention centers or pre-trial detention facilities without an Infirmary Director), approved by the Warden of the prison, the Warden of the temporary detention center, or the Head of the criminal enforcement agency of the county-level public security organ.

Article 12. Periodic classification as good

1. Weekly classification: Prisoners have all days of the week observed and evaluated with satisfactory results in serving their prison sentences.

2. Monthly Classification

a) All weeks in the month are classified as good;

b) One week is classified as excellent (for months with four weeks), two weeks are classified as excellent (for months with five weeks), the remaining weeks are classified as good;

c) The last week of the month is classified as good, the remaining weeks are classified as excellent or good;

d) At least two weeks classified as good (for months with four weeks), three weeks classified as good (for months with five weeks), the remaining weeks classified as average, with the last week of the month being classified as good or better;

đ) For prisoners who have just completed three weeks of classification, all three weeks must be classified as good or one week classified as excellent, two weeks classified as good, or two initial weeks classified as excellent, the last week of the month classified as good or two weeks classified as good or better, one week classified as average, with the last week of the month being classified as good or better;

3. Quarterly Classification

a) All three months in the quarter are classified as good;

b) One month is classified as excellent, the remaining two months are classified as good;

c) The first two months of the quarter are classified as excellent but the last month of the quarter is classified as good;

d) Two months are classified as good or better, including the last month of the quarter being classified as good or better, one month is classified as average (with no weeks classified as poor);

đ) For prisoners who have just completed two months of classification, the first month must be classified as good or better, the second month classified as good, or the first month classified as average (with no weeks classified as poor), the second month classified as good or better;

4. Semi-annual Classification

a) Both quarters are classified as good;

b) The first quarter is classified as excellent but the second quarter is classified as good;

c) The first quarter is classified as average (with no weeks or months classified as poor), the second quarter is classified as good or better;

d) For prisoners who have just completed four months of classification, the first month must be classified as good or better, the second quarter is classified as good or the first month is classified as average (with no weeks classified as poor), the second quarter is classified as good or better;

5. Annual Classification

a) The first six months of the year and the last six months of the year are both classified as good;

b) The first six months of the year are classified as excellent, the last six months of the year are classified as good;

c) The first six months of the year and the third quarter are classified as good, the fourth quarter is classified as excellent;

d) The first six months of the year are classified as average (with no months classified as poor), the third and fourth quarters are classified as good or better;

đ) The first quarter is classified as average (with one month classified as poor), the second, third, and fourth quarters are classified as good or better.

Article 13. Average Classification

Prisoners are classified as average when they meet one of the following circumstances:

1. Not meeting the conditions and standards for good or fairly good classification.

2. Violating the Detention Center Regulations and being disciplined with a reprimand.

3. After a decision recognizing the prisoner's disciplinary violation has been made, they have shown progress.

4. At the end of the temporary suspension period, they are not present at the detention center, temporary detention center, or criminal enforcement agency of the county-level public security organ within the specified time to continue serving their sentence without a valid reason.

Article 14. Periodic Average Classification

1. Weekly classification: Convicts have all days of the week observed and evaluated for average compliance with imprisonment sentences.

2. Monthly Classification

a) All weeks in the month are classified as average;

b) One week (for months with four weeks), two weeks (for months with five weeks) are classified as good or better, the remaining weeks are classified as average;

c) The last week of the month is classified as average, the remaining weeks are classified as good or better;

d) There is a first week classified as poor, the following weeks are classified as average or better;

d) A prisoner who has violated the detention center regulations and has been recognized as having progressed will be classified as poor for the first two weeks of the month and as average or higher for subsequent weeks;

e) A prisoner who has just completed the three-week period required for classification will be classified as average for all three weeks or as fairly good for one week and average for the remaining two weeks, or as average for the last week of the month and fairly good for the remaining two weeks, or as average or higher for two weeks, with the last week of the month being classified as average or higher and one week being classified as poor;

g) A prisoner who has been recognized as having progressed will be classified as average for two consecutive months following the month containing the date of the decision recognizing their progress.

3. Quarterly Classification

a) All three months in the quarter are classified as average;

b) One month is classified as good or better, the remaining two months are classified as average;

c) The first two months are classified as good or better, the last month of the quarter is classified as average;

d) The first month is classified as poor, the following two months are classified as average or better (without any week classified as poor);

d) In the case where a prisoner has just completed the two-month period required for classification, the first month will be classified as average or higher, and the second month as average;

e) In the case where a prisoner is disciplined once in a quarter with a reprimand, that quarter will be classified as average;

g) In the case where a prisoner has completed the temporary suspension period but is not present at the detention center, temporary detention center, or criminal enforcement agency of the county-level public security organ within the specified time to continue serving their sentence without a valid reason, the first quarter upon resuming imprisonment will be classified as average.

4. Semi-annual Classification

a) Both quarters are classified as average;

b) The first quarter is classified as good or better, the second quarter is classified as average;

c) The first quarter is classified as average (including weeks or months classified as poor), the second quarter is classified as good or better;

d) The first quarter is classified as poor, and the second quarter as average or higher (without any week or month classified as poor);

d) For prisoners who have just completed the four-month period required for classification, the first month will be classified as average or higher, and the second quarter as average (without any week or month classified as poor), or the first month as average, and the second quarter as fairly good or higher (with some week or month classified as average), or the first month as poor, and the second quarter as average or higher.

5. Annual Classification

a) The first six months and the last six months of the year are both classified as average;

b) The first six months are classified as good or better, the last six months are classified as average;

c) The first six months are classified as average (including months classified as poor), the last six months are classified as good or better;

d) The first six months of the year are classified as poor, and the last six months as average or higher.

Article 15. Poor Classification

Prisoners are classified as poor when they meet one of the following circumstances:

1. They have not fulfilled the competition standards in serving their prison sentence and have not been classified as average or higher.

2. They have violated the Detention Center Regulations and been disciplined with a reprimand twice within twelve months from the date of the first reprimand decision or have been disciplined with a warning or higher and have not been recognized as having improved.

3. They frequently violate the Detention Center Regulations and are held in solitary confinement.

4. They commit a new crime during the execution of their prison sentence at the detention center, temporary detention center, or holding facility.

5. Prisoners who lodge complaints that have been resolved and responded to by competent authorities according to the law but still intentionally file complaints contrary to the law regarding court judgments or decisions or other issues related to the execution of their prison sentence.

6. In cases where a person temporarily suspended from serving their prison sentence has had their suspension terminated by the court or fled and was recaptured and returned to continue serving their sentence, the first two quarters upon resuming imprisonment will be classified as poor.

7. Prisoners who fail to report their criminal acts committed before the start of their prison sentence and were tried under another judgment, will be classified as poor for the next two quarters after their release for investigation, prosecution, or trial (if released for these purposes) or for the next two quarters after the judgment becomes legally effective (if not released).

8. In cases where a person conditionally released early has been ordered by the court to return to the detention center, temporary detention center, or criminal enforcement agency of the county-level public security organ to continue serving the remaining portion of their sentence, the first two quarters upon resuming imprisonment will be classified as poor.

Article 16. Recognition of Offenders Who Have Improved After Violating Disciplinary Rules

1. Offenders who have been disciplined or committed a new crime during the execution of their prison sentence must have a period of observation and trial to be recognized as having improved. The specific periods for recognition of improvement are as follows:

a) For offenders who have been disciplined with two reprimands within twelve months from the date of issuance of the first reprimand decision, the period to be recognized as having improved is three months, calculated from the date of announcement of the second reprimand decision;

b) For offenders who have been disciplined with a warning, the period to be recognized as having improved is three months, calculated from the date of announcement of the disciplinary decision;

c) For offenders who have been confined in a disciplinary cell as a form of discipline, the period to be recognized as having improved is six months, calculated from the date they leave the disciplinary house;

d) For offenders who commit a new crime during the execution of their prison sentence and are sentenced by another judgment, the period to be recognized as having improved is one year, calculated from the date of release and return or delivery to serve the prison sentence (if released for investigation, prosecution, or trial) or from the date the new judgment becomes effective (if not released). In cases where there is a decision to terminate the investigation, terminate the case, or the Court declares innocence, the period to be recognized as having improved is six months, calculated from the date of returning to the detention center, temporary detention facility, or holding house (if released) or from the date of receiving the decision to terminate the investigation, terminate the case, or the Court's declaration of innocence (if not released). In cases of wrongful conviction or error, this Point d Clause 1 of this Article shall not apply.

2. During the period specified in Points a, b, c, and d Clause 1 of this Article for recognizing offenders who have improved after violating disciplinary rules, if the offender has made efforts to correct and improve, upon completion of the recognition period, they will be reviewed and recognized as having improved. If the offender has served at least half of the recognition period and has met the standards for commendation in serving the prison sentence, they may be reviewed and recognized as having improved before the end of the period. In cases of meritorious service, immediate review and recognition as having improved will be conducted.

3. During the period for recognizing improvement, if the offender violates the Detention Center Regulations, the recognition period for improvement will be extended. The extension can occur multiple times, each time up to six months, calculated from the end of the recognition period. If the offender is held in solitary confinement and has not been released from the solitary cell by the end of the recognition period, the recognition period for improvement will be extended until the date of release from the solitary cell.

4. The Warden of the Detention Center, the Warden of the Temporary Detention Facility, and the Head of the Criminal Enforcement Agency of the Public Security Department at the district level shall review and decide on the recognition of offenders who have improved after violating disciplinary rules; recognize offenders as having improved before the deadline or extend the recognition period for improvement for offenders.

5. In cases where offenders have not completed the recognition period for improvement and there is a decision to temporarily suspend the execution of the prison sentence or release for investigation, prosecution, or trial as stipulated in Clause 2 Article 18 of this Circular, the recognition period for improvement will cease from the date of release from the detention center, temporary detention facility, or holding house.

Article 17. Classification in cases of meritorious service

1. Inmates who have performed meritorious service by rescuing people or saving property valued at VND 10,000,000 or more during natural disasters, fires, accidents, or by providing information that helps prisons, detention centers, criminal enforcement agencies of county-level public security organs prevent plots to undermine, escape from custody, capture escaped inmates, prevent others from committing destructive acts, or prevent inmates from committing new crimes during the execution of their sentences, or assist investigative agencies in discovering crimes, confirmed in writing by the prison director, detention center director, head of the criminal enforcement agency of the county-level public security organ, or head of the investigative agency, shall have their classification for that year adjusted upward by one level.

2. Inmates who rescue people in dangerous situations, save property valued at VND 30,000,000 or more; perform significant meritorious services, or perform multiple meritorious services, shall have their classification for that year raised by two levels. If the inmate is classified as satisfactory for that year, they shall be upgraded to excellent.

3. Inmates who perform meritorious services as stipulated in Clauses 1 and 2 of this Article, if they are already classified as excellent for that year, the meritorious service shall be considered for classification in the following year. If, after performing meritorious service, the inmate is disciplined or commits a new crime, they shall not be upgraded in classification.

Article 18. Classification for inmates extracted for participation in proceedings; inmates violating internal regulations of temporary holding facilities, detention centers, and being disciplined; inmates committing crimes before or during temporary holding or detention

1. Inmates extracted for participation in proceedings related to them or for the operational work of public security forces must have their classification during the extraction period determined based on the assessment and results of their classification prior to extraction and relevant documents concerning their classification (if available), in accordance with this Circular, and send the monthly, quarterly, six-monthly, and annual classification results, the six-monthly and annual self-assessment reports on compliance with the sentence, and relevant documents concerning classification to the prison, detention center, or criminal enforcement agency of the county-level public security organ managing the original file of the inmate for record-keeping.

2. Inmates extracted for investigation, prosecution, or trial of crimes committed before or during the execution of their sentence, or for retrial of the sentence they are serving, shall be handled in accordance with the laws governing temporary holding and detention. Upon receiving the extracted inmate back for sentence execution or transferring them to another facility, their classification shall be based on the assessment of their compliance with the detention center or temporary holding facility's internal regulations during the extraction period and relevant documents in their file, in accordance with this Circular.

3. If an inmate violates the internal regulations of the temporary holding facility or detention center and is disciplined within six months prior to their admission for sentence execution, they shall not be classified as satisfactory or better (except for meritorious service) for the first quarter of their sentence execution.

4. Inmates who commit crimes during temporary holding or detention and are sentenced by a separate judgment shall be classified as poor for the first two quarters of their sentence execution.

5. Inmates who fail to report crimes committed before temporary holding or detention and are sentenced by a separate judgment shall be classified as poor for the first two quarters of their sentence execution.

Article 19. Procedures and formalities for classifying prisoners

1. Classifications every six months and annually, prisoners must write a Self-Assessment Report on their efforts to comply with custodial sentences (the content of the self-assessment is based on the standards for compliance with custodial sentences), state their future goals, and self-classify their compliance with custodial sentences. Prisoners who cannot write due to illiteracy or disabilities may have another prisoner write on their behalf, then read the self-assessment back to them, sign or thumbprint the self-assessment, which must be confirmed by the team leader responsible for the team (group) of prisoners. For foreign prisoners who do not know Vietnamese, the team leader requires them to write the self-assessment in English or their native language. The prison warden organizes the translation of the self-assessment into Vietnamese, with the signature of the translator and confirmation by the prison warden.

In cases where prisoners do not have enough time to be classified every six months, they must still write a self-assessment, with comments and evaluations from the team leader and confirmation from the prison warden, temporary detention center warden, and head of the criminal enforcement agency at the district level regarding their attitude and results of complying with custodial sentences.

2. In all meetings to assess, evaluate results, and classify prisoners, the team leader must preside, each prisoner must self-assess their efforts to comply with custodial sentences; in six-month and annual classification meetings, each prisoner must read their own self-assessment. At these meetings, the team (group) of prisoners participate in discussions, then vote by raising hands according to the principle that at least two-thirds of the prisoners present must agree. Based on the team (group) of prisoners' meeting, the team leader reviews, compiles a list of classifications for prisoners, and proposes it to the Sub-committee and Classification Council for compliance with custodial sentences for review and decision. All weekly, monthly, quarterly, six-month, and annual assessment, evaluation, and classification meetings of the team (group) of prisoners must be recorded in minutes.

3. Team (group) prisoner meetings

a) On Fridays each week, the team (group) of prisoners meet to assess and evaluate the weekly classification results. Based on the weekly assessment and classification results of the team (group) of prisoners, the team leader reviews and classifies each prisoner weekly, records it in the tracking book, and informs the prisoners.

b) On the 25th of each month, the team (group) of prisoners meet to assess and evaluate the monthly classification for each prisoner.

For prisons, based on the monthly assessment and classification results of the team (group) of prisoners, the team leader reviews and compiles a list of monthly classifications for prisoners, transfers it to the sub-committee member secretary of the Classification Sub-committee for compliance with custodial sentences in the section for reporting, proposing the Section Classification Sub-committee head to approve, sign, stamp to confirm the monthly classification list for prisoners by team (group).

For temporary detention centers, the team leader reviews and compiles a list of proposed monthly classifications for prisoners, transfers it to the council member secretary of the Classification Council for compliance with custodial sentences for reporting, proposing the Deputy Warden in charge of prisoner management in the section to approve, sign, stamp to confirm the monthly classification list for prisoners by team (group).

For holding facilities, the team leader reviews and compiles a list of proposed monthly classifications for prisoners, reports to the Deputy Head of the Criminal Enforcement Agency at the district level serving as a permanent member of the Classification Council for compliance with custodial sentences for approval, signing, stamping to confirm the monthly classification list for prisoners.

The team leader publicly announces the monthly classification results to inform the prisoners.

c) On February 25th, the team (group) of prisoners meet to assess and evaluate the first quarter compliance with custodial sentence classification results.

d) On May 25th, the team (group) of prisoners meet to assess and evaluate the second quarter and mid-year compliance with custodial sentence classification results.

đ) On August 25th, the team (group) of prisoners meet to assess and evaluate the third quarter compliance with custodial sentence classification results.

e) On November 25th, the team (group) of prisoners meet to assess and evaluate the fourth quarter, end-of-year, and annual compliance with custodial sentence classification results.

g) If Friday is a holiday or if the 25th of the month falls on a Saturday, Sunday, or holiday, the team (group) of prisoners will hold a meeting on the nearest working day thereafter. If prisoners commit meritorious acts or are disciplined, or commit new crimes during those holidays, their classification levels for the week, month, quarter, half-year, and year will be immediately reviewed and adjusted accordingly.

4. Classification Subcommittee of the Detention Facility

a) Each section of the prison establishes a Sub-committee for Classifying Compliance with Custodial Sentences, headed by the Deputy Warden in charge of the section. Members include: Section Chief, Deputy Team Leader or officer (for sections without a Deputy Team Leader), Investigator, Correctional Police Officer, Directing Officer, Medical Officer, Team Leader responsible for the team (group) of prisoners, Platoon Leader of Protective Police, and Deputy Team Leader or Education Officer (for sections without a Deputy Team Leader) as secretary members.

b) Based on the monthly, quarterly, half-yearly, and annual classification proposals from the team leader responsible for the team (group) of prisoners, the Sub-committee meets to propose quarterly, half-yearly, and annual classifications for prisoners in the section. When reviewing a specific team (group) of prisoners, the team leader responsible for that team (group) reports the list of prisoners proposed for classification, explains issues raised by meeting participants, and then conducts a vote by raising hands, requiring at least two-thirds agreement among Sub-committee members.

c) After completing the review of classifications for prisoners, the Sub-committee finalizes the files and lists and sends them to the Classification Council for compliance with custodial sentences at the prison.

Article 20. Classification Council for Execution of Criminal Sentences

1. The prison shall establish a Classification Council for Execution of Criminal Sentences for inmates, chaired by the Warden, with the Deputy Warden in charge of educational work and records as the permanent member, and other members including: the Deputy Warden in charge of management and detention, the Deputy Warden in charge of labor production and vocational training, the Deputy Warden in charge of camp division, the Head of Camp Division, the Team Leader of Custodial Police, Investigation, Mobile Security Police, Health and Environmental Protection, Planning, and the Team Leader of Educational Work and Records as the secretary.

The Classification Council for Execution of Criminal Sentences of the prison shall convene to review and classify inmates quarterly, biannually, and annually. The Council reviews and classifies inmates based on the recommendations of the Sub-Committees for Execution of Criminal Sentences. When reviewing a specific detention camp, the Deputy Warden in charge of that camp or the Head of that camp shall report the list of inmates recommended for classification and explain any issues raised by the attending members. The Council shall conduct a vote by raising hands, requiring at least two-thirds of the Council members' agreement.

Based on the results of the meeting of the Classification Council for Execution of Criminal Sentences of the prison, the Warden shall approve and sign the decision on the classification of execution of criminal sentences for inmates. For prisons with two or more camps, the Warden may authorize in writing the Deputy Warden in charge of educational work and records to approve and sign the classification decisions for each inmate.

2. Classification Council for Execution of Criminal Sentences of temporary detention centers and criminal enforcement agencies of county-level public security organs

a) The temporary detention center shall establish a Classification Council for Execution of Criminal Sentences for inmates, chaired by the Warden, with the Deputy Warden in charge of managing inmates in the camp as the permanent member, and other members including: the Deputies Wardens, the Heads of Camps managing inmates, the Team Leaders of Custodial Teams in the camp, the Medical Clinic Director, the Team Leader of Security Police, education officers, record keepers, investigators, duty officers, and the Team Leader of Planning as the secretary. The procedures for review and classification shall be carried out similarly to those for inmates in prisons;

b) For holding facilities, the Classification Council for Execution of Criminal Sentences for inmates in criminal enforcement agencies of county-level public security organs shall be chaired by the Head of the agency, with the Deputy Head of the agency as the permanent member, and direct management officers of inmates as members, and one officer as the secretary. The procedures for review and classification shall be carried out similarly to those for inmates in prisons.

3. During the waiting period for the Sub-Committee for Execution of Criminal Sentences, if the Classification Council for Execution of Criminal Sentences convenes to review and classify inmates who have performed meritorious acts or been disciplined, or committed new crimes, then their classification levels for the quarter, half-year, or year must be immediately reviewed and adjusted accordingly.

4. In cases where inmates appeal against their classification, within five working days from the date of receipt of the complaint, the Warden of the prison, the Warden of the temporary detention center, or the Head of the criminal enforcement agency of the county-level public security organ must provide a written response to the inmate.

5. Within thirty days from the date of signing the decision on classification for inmates, if there is evidence that the classification result does not comply with legal provisions, the Chairman of the Classification Council for Execution of Criminal Sentences of the prison, temporary detention center, or criminal enforcement agency of the county-level public security organ shall convene a meeting, the secretary of the Council shall report and explain the relevant contents and causes, and propose a new classification for the inmate. Members attending the meeting shall express opinions and discuss. The Council shall conduct a vote by raising hands regarding the revocation of the old classification decision and the issuance of a new classification decision for the inmate, requiring at least two-thirds of the Council members' agreement.

Based on the results of the meeting, the Warden of the prison, the Warden of the temporary detention center, or the Head of the criminal enforcement agency of the county-level public security organ shall approve and sign the decision to revoke the old classification decision for execution of criminal sentences and issue a new classification decision for execution of criminal sentences for the inmate, or maintain the original classification result. The decision to revoke the old classification decision for execution of criminal sentences and the new classification decision for execution of criminal sentences must be publicly announced to inform the inmate.

Article 21. Notification of Results of Classification of Prison Sentence Execution

After completing the quarterly, six-monthly, and annual classification for prisoners, the Warden of the Detention Center, the Warden of the Pre-Trial Detention Center, and the Head of the Criminal Enforcement Agency at the provincial police level shall be responsible to:

1. Publicly announcing the classification results to the prisoner.

2. Notify the family or the lawful representative of the prisoner about the execution of the prison sentence during the first six months of the year, the last six months of the year, and the entire year.

3. Send a consolidated report on the results of the quarterly classification for the first quarter and third quarter, the first half of the year, and the entire year to the General Bureau of Criminal Enforcement and Judicial Assistance (prison centers send through the Educational Reform and Community Reintegration Department; pre-trial detention centers under the Ministry of Public Security send through the Pre-Trial Detention Guidance Department; pre-trial detention centers under the provincial police and criminal enforcement agencies at the provincial police level send to the criminal enforcement agency at the provincial police level for consolidation and then send through the Pre-Trial Detention Guidance Department).

Article 22. Management and Storage of Results of Classification for Prisoners

1. The decision of the Warden of the Detention Center, the Warden of the Pre-Trial Detention Center, and the Head of the Criminal Enforcement Agency at the provincial police level regarding the classification of each prisoner on a quarterly basis, the first half of the year, the second half of the year, and annually.

2. The self-assessment of the prisoner regarding their efforts to comply with the prison sentence during the first six months of the year and the entire year. In cases where the prisoner does not have enough time to be classified or the person executing the sentence is currently in a pre-trial detention center or temporary holding facility awaiting transfer to serve the prison sentence, the self-assessment of the prisoner must be kept, along with comments, evaluations, and confirmation of the results and attitude towards the execution of the prison sentence or compliance with the rules of the pre-trial detention center or temporary holding facility during the unclassified period.

3. Decisions to exempt or reduce the execution of fines, court fees; decisions of the Head of the Civil Enforcement Agency regarding suspension or termination of civil enforcement proceedings; related invoices, certificates, documents, and materials concerning the implementation of supplementary penalties such as fines, compensation for damages, court fees, or other civil obligations.

4. Commitment letters to implement supplementary penalties such as fines, court fees, compensation for damages, or other civil obligations; applications explaining difficult economic circumstances of the family or confirmations that there are no relatives of the prisoner.

5. Decisions recognizing progress made by prisoners who have violated discipline, recognition of progress ahead of schedule, extension of the recognition period, accompanied by the prisoner's self-assessment confirmed by the custodian.

6. Decisions rewarding prisoners for outstanding achievements during the execution of the prison sentence or for meritorious service.

7. Certificates confirming the health status of the Medical Officer or healthcare staff (for temporary holding facilities or pre-trial detention centers without a Medical Officer), medical records, and related documents concerning illness or disease of the prisoner.

8. Complaints from prisoners regarding the results of classification and responses to complaints from the Warden of the Detention Center, the Warden of the Pre-Trial Detention Center, and the Head of the Criminal Enforcement Agency at the provincial police level.

9. Decisions to revoke previous classification decisions for the execution of the prison sentence; new classification decisions for the execution of the prison sentence for the prisoner.

10. Other relevant documents concerning the classification of prisoners;

11. Minutes of meetings, monthly, quarterly, six-monthly, and annual classification lists of each team (group) of prisoners as stipulated in Articles 19 and 20 of this Circular, stored at the Education Team for detention centers, at the Planning Team for pre-trial detention centers, and by the custodian responsible for the team (group) of prisoners for criminal enforcement agencies at the provincial police level.

Chapter III

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

1. This Circular takes effect from March 29, 2018, and replaces Circular No. 40/2011/TT-BCA dated June 27, 2011, issued by the Minister of Public Security regarding standards for commendation in the execution of prison sentences and classification of the execution of prison sentences for prisoners.

2. Forms PT 13, PT 14, PT 15, PT 16, PT 17, PT 18, PT 19, PT 20, PT 21, PT 22, PT 23, PT 24, PT 25, PT 26, PT 27, PT 28, PT 40, PT 64 specified in point a, Clause 1, Article 1 of Circular No. 63/2011/TT-BCA dated September 7, 2011, issued by the Minister of Public Security regarding various types of forms and ledgers for criminal enforcement proceedings will cease to be used upon the effectiveness of this Circular.

Article 24. Responsibility for Implementation

1. Directors of the General Directorates, Heads of units under the Ministry, Directors of Provincial Police Departments, Wardens of Detention Centers, Wardens of Pre-Trial Detention Centers, Heads of Criminal Enforcement Agencies at the provincial police level, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Director of the General Directorate of Criminal Enforcement and Judicial Assistance is responsible for assisting the Minister in overseeing, guiding, inspecting, urging, and implementing this Circular. The Warden of the Detention Center, the Warden of the Pre-Trial Detention Center, and the Head of the Criminal Enforcement Agency at the provincial police level are responsible before the law for classifying prisoners.

During the implementation of this Circular, if there are difficulties or obstacles, local police units should report to the Ministry of Public Security (through the General Directorate of Criminal Enforcement and Judicial Assistance) for timely guidance./.