Joint Circular No. 07/2007/TTLT-BCA-BQP-BTC guides the labor regime, vocational training, and utilization of labor outcomes for prisoners in detention centers.

JOINT CIRCULAR

Guidelines on labor, vocational training, and utilization of labor results for prisoners in detention centers

Guidelines on labor, vocational training, and utilization of labor results for prisoners in detention centers

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Pursuant to the Ordinance on Enforcement of Criminal Sentences in Prisons issued in 1993;

Pursuant to the Detention Center Regulations promulgated together with Decree No. 60/CP dated September 16, 1993 of the Government;

The Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance have jointly issued guidelines on labor, vocational training, and utilization of labor results for prisoners in detention centers as follows:

I. LABOR REGIME FOR PRISONERS DURING THE PERIOD OF ENFORCEMENT OF CRIMINAL SENTENCES IN DETENTION CENTERSLabor Regime for Prisoners During the Period of Enforcement of Criminal Sentences in Detention Centers

1. During the period of serving criminal sentences at detention centers, prisoners must engage in labor for rehabilitation purposes. Based on their health condition, age, gender, sentence length, and nature of the crime, the Warden of the detention center shall appropriately assign work to each prisoner.

2. Prisoners shall work for eight hours per day and shall be entitled to rest on public holidays, Tet, Saturdays, and Sundays as prescribed by law. Time spent by prisoners on cultural studies, vocational training, listening to current affairs, policies, laws, and civic education programs shall be deducted from their working time. In case of seasonal work or emergencies, the Warden of the detention center may require prisoners to work overtime but not exceeding two hours per day or work on Saturdays and Sundays but not exceeding eight hours per day. Overtime working hours or working hours on Saturdays and Sundays shall be compensated with equivalent rest periods.

3. Prisoners falling under the following categories shall be exempted from heavy and hazardous labor as defined by law:

a) Male prisoners aged 55 years or older;

b) Juvenile prisoners;

c) Female prisoners;

d) Prisoners suffering from chronic or terminal illnesses confirmed by the medical staff of the detention center;

4. Prisoners falling under the following circumstances shall be granted leave from labor:

a) Female prisoners who are pregnant shall be granted leave before and after childbirth according to the general regulations of the State;

b) Sick prisoners confirmed by the medical staff of the detention center; prisoners currently undergoing treatment at the infirmary, clinic, or hospital;

c) Prisoners with children under 2 years old residing in the detention center and confirmed by the medical staff of the detention center to be sick.

II. ORGANIZATION OF LABOR AND VOCATIONAL TRAINING FOR PRISONERS

1. Establishment and Approval of Labor and Vocational Training Plans for Prisoners

1.1. Each year, prior to July 5, the Warden of the detention center shall base on the number of prisoners; their health condition, age, gender, sentence length, and nature of the crime; the nature of the detention center; land conditions, resources, industries, equipment, means, materials, and capital managed by the detention center to establish a labor and vocational training plan for prisoners for the planning year, which shall be submitted to the Prison Management Department, educational facilities, and juvenile correctional schools of the Ministry of Public Security (for detention centers under the management of the Ministry of Public Security), the Criminal Investigation Bureau of the Ministry of National Defense (for detention centers under the management of the Ministry of National Defense), and the Military Region Criminal Investigation Office (for detention centers under the management of the Military Region). The labor and vocational training plan for prisoners must ensure the following basic indicators:

- Total number of workers employed (including both direct and indirect workers);

- Industries (including staffing standards for each industry);

- Capital usage;

- Total costs during the organization of labor and vocational training;

- Total revenue;

- Revenue and expenditure difference;

- Estimated plan for utilizing revenues from prisoner labor and vocational activities, as stipulated in this Circular, to reinvest in organizing labor and vocational training for prisoners.

1.2. Within thirty days from the date of receipt of the labor and vocational training plan sent back by the detention center, the Director of the Prison Management Department, educational facilities, and juvenile correctional schools of the Ministry of Public Security, the Director of the Criminal Investigation Bureau of the Ministry of National Defense, and the Head of the Military Region Criminal Investigation Office must complete the review and issue a decision approving the labor and vocational training plan for the detention center, returning it to the detention center for implementation, while simultaneously compiling data and reporting the situation to higher authorities (leaders of the Ministry of Public Security, leaders of the Ministry of National Defense, leaders of the Military Region, and sending the financial department of the Ministry of Public Security, Ministry of National Defense, and Military Region for monitoring).

2. Organization of Labor and Vocational Training for Prisoners

2.1. Based on the labor and vocational training plan approved by the Director of the Prison Management Department, educational facilities, and juvenile correctional schools of the Ministry of Public Security, the Director of the Criminal Investigation Bureau of the Ministry of National Defense, and the Head of the Military Region Criminal Investigation Office, the Warden of the detention center shall organize prisoners to engage in labor and vocational training and implement measures to encourage prisoners to actively participate in labor, promote productivity-enhancing initiatives, and fulfill and exceed the assigned labor and vocational training plans.

2.2. During the process of organizing prisoners for labor and vocational training, if there are unforeseeable changes such as natural disasters that prevent the detention center from meeting its targets, within fifteen days from the occurrence of such events, the Warden of the detention center must submit a report (in writing) to the Director of the Prison Management Department, educational facilities, and juvenile correctional schools of the Ministry of Public Security (for detention centers under the management of the Ministry of Public Security), the Director of the Criminal Investigation Bureau of the Ministry of National Defense (for detention centers under the management of the Ministry of National Defense), and the Head of the Military Region Criminal Investigation Office (for detention centers under the management of the Military Region) requesting adjustments to the labor and vocational training plan for prisoners. Within ten days from the date of receipt of the Warden's report, the Director of the Prison Management Department, educational facilities, and juvenile correctional schools of the Ministry of Public Security, the Director of the Criminal Investigation Bureau of the Ministry of National Defense, and the Head of the Military Region Criminal Investigation Office must conduct a review and issue a decision adjusting the labor and vocational training plan for prisoners, returning it to the detention center for implementation, while simultaneously compiling the adjusted plan and reporting it to higher authorities (leaders of the Ministry of Public Security, leaders of the Ministry of National Defense, leaders of the Military Region, and sending the financial department of the Ministry of Public Security, Ministry of National Defense, and Military Region) for monitoring and management.

3. Accounting for Labor and Vocational Training for Prisoners

3.1. Prisons must maintain complete accounting records and record financial transactions arising from income and expenditure activities according to current regulations on administrative and public institution accounting systems. All income and expenditures from prisoner labor and vocational training activities must be reflected through the prison's financial-accounting system in accordance with the current state accounting and statistical regulations.

3.2. Aggregate all reasonable costs incurred in labor and vocational training into the product cost. Reasonable costs in labor and vocational training include: material and raw material costs, external labor hire fees (if any), electricity and water costs, additional food expenses due to strenuous work (excluding prisoners' food expenses based on the standard provided by the state budget), depreciation of assets, management costs, various taxes (if applicable), and other direct costs serving prisoner labor and vocational training activities.

4. Prepare reports on income and expenditure results and approve reports on income and expenditure results from prisoner labor and vocational training activities.

4.1. Reports on income and expenditure results from prisoner labor and vocational training activities in prisons are comprehensive reports on data, situations, and outcomes of organizing labor and vocational training for prisoners. The prison warden is responsible for compiling the comprehensive report and providing detailed explanations about the income and expenditure results from prisoner labor and vocational training activities according to the form attached to this Circular, to be submitted to the Prison Management Department, educational facilities, and correctional schools under the Ministry of Public Security (for prisons managed by the Ministry of Public Security), the Criminal Investigation Department under the Ministry of National Defense (for prisons managed by the Ministry of National Defense), and the Military Region Criminal Investigation Office (for prisons managed by Military Regions). The submission time for these reports shall coincide with the quarterly and annual final accounts reporting periods as stipulated.

4.2. The heads of the Prison Management Department, educational facilities, and correctional schools under the Ministry of Public Security, the Criminal Investigation Department under the Ministry of National Defense, and the Military Region Criminal Investigation Office are responsible for reviewing and approving reports on income and expenditure results from prisoner labor and vocational training activities in their respective prisons; they will consolidate these reports for leadership review at the Ministry of Public Security, Ministry of National Defense, and Military Regions, and send them to the financial departments of the Ministry of Public Security, Ministry of National Defense, and Military Regions for consolidation and annual final account reporting according to current regulations.

III. USE OF PRISONER LABOR RESULTS

The surplus from income exceeding expenditure from prisoner labor and vocational training activities, after deducting reasonable costs as specified in Clause 3.2, Point 3, Part II of this Circular, shall be used as follows:

1. Allocate 50% for reinvestment back into the prison to organize labor and vocational training for prisoners; purchase equipment, tools, and facilities for labor and vocational training, and construct infrastructure directly serving prisoner labor and vocational training activities, including:

a) Deposit 30% into a temporary revenue account of the Ministry of Public Security (for prisons managed by the Ministry of Public Security), a temporary revenue account of the Ministry of National Defense (for prisons managed by the Ministry of National Defense), or a temporary revenue account of the Military Region (for prisons managed by Military Regions) opened at the State Treasury to create a common investment fund for all prisons.

The heads of the Prison Management Department, educational facilities, and correctional schools under the Ministry of Public Security, the Criminal Investigation Department under the Ministry of National Defense, and the Military Region Criminal Investigation Office shall base their guidance on development plans for expanding production, organizing labor and vocational training for prisoners, and specific conditions of each prison, to assist prisons in preparing plans and projects, conduct reviews of these plans and projects, and submit them to the competent authority for approval as stipulated in Clause b, Point 1, Part IV of this Circular.

b) Deposit 20% into a temporary revenue account of the Prison Management Department, educational facilities, and correctional schools under the Ministry of Public Security (for prisons managed by the Ministry of Public Security), a temporary revenue account of the Ministry of National Defense (for prisons managed by the Ministry of National Defense), or a temporary revenue account of the Military Region (for prisons managed by Military Regions) opened at the State Treasury to create a direct investment fund for each individual prison.

The prison warden shall base their planning for purchasing equipment and facilities or developing investment plans and projects according to current regulations, and submit them to the competent authority for approval as stipulated in Clause b, Point 1, Part IV of this Circular, based on the specific conditions and capital availability of the prison they manage in that year.

2. Allocate 26% to provide additional benefits to prisoners engaged in heavy labor; reward prisoners who exceed plan targets and increase labor productivity.

The prison warden is responsible for examining, deciding, and handling the funds allocated above and informing the prisoner self-management council to ensure transparency, democracy, and correct distribution to eligible recipients. Prisoners may use this money for additional food, purchasing daily necessities, depositing it at the prison, and retrieving it upon release.

3. Allocate 7% to reward prison staff for outstanding achievements in effectively organizing and managing prisoner labor and vocational training activities.

4. Allocate 15% to establish a welfare fund for the prison.

5. Allocate 2% to the Prison Management Department, educational facilities, and correctional schools under the Ministry of Public Security (for prisons managed by the Ministry of Public Security), the Criminal Investigation Department under the Ministry of National Defense (for prisons managed by the Ministry of National Defense), and the Military Region Criminal Investigation Office (for prisons managed by Military Regions) to reward all prisons and support annual labor and vocational training management activities.

IV. SOURCES OF LABOR AND VOCATIONAL TRAINING FUNDS AND MANAGEMENT REGULATIONS FOR THEIR USE IN PRISONS

USE OF THESE FUNDS IN PRISONS

1. Sources of labor and vocational training funds in prisons include:

The value of land use rights, assets, materials, and capital provided by the state budget; funds retained according to the ratio specified in Point 1, Part III of this Circular, and other lawful sources of funding as prescribed by law.

a) For funds from the state budget

In addition to the capital retained from the proceeds of labor and vocational training for prisoners in detention centers according to the ratio specified in point 1, Part III of this Circular, each year, based on land conditions, resources, current labor and vocational training capacity, and plans and schemes for organizing labor and vocational training for prisoners in each detention center, the Ministry of Public Security and the Ministry of National Defense shall aggregate the financial needs of detention centers under their management to purchase materials, raw materials, tools, equipment, means, and facilities directly serving the labor and vocational training activities of prisoners, and include them in the annual budget estimate in accordance with the law, and submit them to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and submission to the competent authority for examination and decision.

b) Regarding the retained funds according to the ratio prescribed in point 1, Part III of this Circular

Within fifteen days from the date when the Director of the Prison Management Department, educational facility, and reformatory of the Ministry of Public Security, the Director of the Criminal Investigation Department of the Ministry of National Defense, and the Head of the Military Region's Criminal Investigation Department approve the report on the income and expenditure results from the labor and vocational training activities of prisoners in detention centers, the Warden of the detention center must pay the full ratio of 30% and 20%, as stipulated in point 1, Part III of this Circular, to create capital for reinvestment and direct support for the labor and vocational training activities of prisoners in the detention center.

This capital will be used as follows:

For the retained 30% from the provisional collection account of the Ministry of Public Security and the Ministry of National Defense, Military Region:

Each year, based on the guidance of the Director of the Prison Management Department, educational facility, and reformatory of the Ministry of Public Security, the Director of the Criminal Investigation Department of the Ministry of National Defense, and the Head of the Military Region's Criminal Investigation Department, the Warden of the detention center shall prepare investment plans and projects in accordance with the laws on investment management, and submit them to the Director of the Prison Management Department, educational facility, and reformatory for primary coordination with the financial agency at the same level for appraisal, and report to the leadership of the Ministry of Public Security for approval (for detention centers managed by the Ministry of Public Security); the Director of the Criminal Investigation Department of the Ministry of National Defense for primary coordination with the financial agency at the same level for appraisal, and report to the leadership of the Ministry of National Defense for approval (for detention centers managed by the Ministry of National Defense); the Head of the Military Region's Criminal Investigation Department for primary coordination with the financial agency at the same level for appraisal, and report to the leadership of the Military Region for approval (for detention centers managed by the Military Region).

- For the retained 20% from the provisional collection account of the Prison Management Department, educational facility, and reformatory of the Ministry of Public Security, the Criminal Investigation Department of the Ministry of National Defense, and the Military Region:

The leadership of the Ministry of Public Security authorizes the Director of the Prison Management Department, educational facility, and reformatory of the Ministry of Public Security, the leadership of the Ministry of National Defense authorizes the Director of the Criminal Investigation Department of the Ministry of National Defense, and the leadership of the Military Region authorizes the Head of the Military Region's Criminal Investigation Department to examine and approve plans for purchasing equipment or investment plans, schemes, and projects; and to approve the final accounts of the detention center from the aforementioned retained 20%.

When there is a need for investment in the labor and vocational training activities of prisoners such as purchasing equipment, materials, means, tools, and facilities directly serving the labor and vocational training activities of prisoners, the Warden of the detention center shall prepare plans for purchasing equipment or investment plans, schemes, and projects in accordance with current regulations, and submit them to the Director of the Prison Management Department, educational facility, and reformatory of the Ministry of Public Security (for detention centers managed by the Ministry of Public Security); the Director of the Criminal Investigation Department of the Ministry of National Defense (for detention centers managed by the Ministry of National Defense); and the Head of the Military Region's Criminal Investigation Department (for detention centers managed by the Military Region).

c) The management, allocation, and settlement of expenses for investment plans, schemes, and projects from the retained funds mentioned in item b, point 1, Part IV of this Circular shall be carried out in accordance with the current regulations of the State.

Each year, the Ministry of Public Security and the Ministry of National Defense are responsible for compiling the budget estimates for expenditures from the state budget and from the retained funds according to the ratio specified in point 1, Part III of this Circular for the labor and vocational training activities of prisoners in detention centers, and submitting them to the Ministry of Finance and the Ministry of Planning and Investment for consolidation into the state budget estimate, and submission to the competent authority for decision.

2. Responsibility for preserving and developing the capital for prisoner labor and vocational training of the Warden of the detention center

In addition to the tasks prescribed in other regulatory legal documents, in organizing labor and vocational training for prisoners, the Warden of the detention center has the responsibility to preserve and develop the capital for prisoner labor and vocational training, specifically as follows:

a) Strictly implement the full and timely payment of amounts to be retained and paid according to the ratio specified in Part III of this Circular.

b) Conduct an inventory and reassessment of assets, materials, and labor and vocational training capital of the unit at 00:00 on January 1st each year; report on the labor and vocational training plan; and the results of income and expenditure from the labor and vocational training activities of prisoners in accordance with current regulations.

c) Be responsible for managing the capital for prisoner labor and vocational training in the detention center; use, preserve, and develop the capital of the detention center in accordance with the provisions of point 1, Part IV of this Circular.

V. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 09/NV-QP-TC dated December 31, 1994, issued by the Ministry of Interior, Ministry of National Defense, and Ministry of Finance, guiding the labor regime and the use of labor results of prisoners in detention centers.

2. During implementation, if there are difficulties or the need for additional explanations and guidance, units and localities should reflect these issues to the Ministry of Public Security, Ministry of National Defense, and Ministry of Finance for timely supplementary explanation and guidance./.