Circular No. 07/2015/TT-BCA on the management of inmates in compulsory educational facilities

CIRCULAR
Regulations on managing inmates at compulsory educational facilities

Pursuant to Decree No. 02/2014/NĐ-CP dated January 10, 2014 on the regime for applying and enforcing administrative sanctions involving placement in rehabilitation centers and compulsory educational facilities (hereinafter referred to as Decree No. 02/2014/NĐ-CP);

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Department of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security,

The Minister of Public Security issues this Circular on the management of inmates at compulsory educational facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the classification of inmates, upgrading and downgrading of classifications, management of inmates according to their classifications at compulsory educational facilities; management of inmates during daily activities, study, labor, vocational training; management of inmates when receiving medical treatment at hospitals or healthcare facilities outside compulsory educational facilities.

Article 2. Applicability

This Circular applies to:

1. Management authority of compulsory educational facilities.

2. Compulsory educational facility.

3. Inmates currently serving decisions on the application of administrative sanctions involving placement in compulsory educational facilities.

4. Organizations and individuals related to the enforcement of decisions on the application of administrative sanctions involving placement in compulsory educational facilities for inmates.

Article 3. Principles for classifying and managing inmates

2. Ensuring the purpose, requirements, safety, effectiveness, and contributing to national security protection and maintaining public order and social safety.

2. Inmates of different categories, inmates involved in the same violation of the law, or inmates with familial relationships (grandparents, parents, siblings, including in-laws) shall not be placed in the same dormitory, team, or inmate group (except in cases where the Director of the compulsory educational facility decides otherwise).

Chapter II

CLASSIFICATION AND MANAGEMENT OF INMATES

Article 4. Classification of inmates

1. Inmates are classified into three categories: H1, H2, H3

a) Category H1 includes inmates falling into one of the following situations:

- Having a prior criminal record or having been subject to placement in a compulsory educational facility, compulsory drug rehabilitation facility, or juvenile correctional institution (previously known as compulsory education or compulsory medical treatment facilities);

- Having had their criminal record expunged or having been deemed not to have been subject to administrative sanctions involving placement in a compulsory educational facility, compulsory drug rehabilitation facility, or juvenile correctional institution (previously known as compulsory education or compulsory medical treatment facilities);

- Being the ringleader or mastermind in violations of the law;

- During the execution of the decision on placement in a compulsory educational facility, failing to recognize their wrongdoing, frequently engaging in oppositional behavior, or having escaped from the facility once, or having been disciplined according to Article 36 of Decree No. 02/2014/NĐ-CP two times or more;

- An inmate of category H2 who has been upgraded.

b) Category H2 includes inmates falling into one of the following situations:

- Serving a decision on placement in a compulsory educational facility for a term of 18 months or longer (excluding the situations specified in point a of Clause 1 of this Article);

- An inmate of category H1 who has been downgraded; an inmate of category H3 who has been upgraded.

c) Category H3 includes inmates falling into one of the following situations:

- Serving a decision on placement in a compulsory educational facility for a term of less than 18 months (excluding the situations specified in point a of Clause 1 of this Article);

- An inmate of category H2 who has been downgraded.

2. Within fifteen days from the date of receiving the inmate, the Head of the Surveillance Team must review the file, report to the Director of the compulsory educational facility to issue a decision on classification and organize the management of inmates according to their categories. During the period before classification, inmates are managed collectively.

Article 5. Upgrading and Downgrading Detainees

1. Downgrading Detainees

a) A detainee who actively studies and works, has fulfilled half of the term and continuously progresses during that time shall be considered for downgrading;

b) A detainee who performs meritorious acts, provides information to prevent violations of the law, disrupt public security and order, escape from compulsory educational facilities, or achieves particularly outstanding results shall be considered for immediate downgrading upon decision by the Director of the compulsory educational facility or the competent authority.

2. Upgrading Detainees

A detainee who violates the law, disrupts public security and order, colludes, connects with others, attempts to escape from compulsory educational facilities, or is subject to disciplinary action under Article 36 of Decree No. 02/2014/NĐ-CP two times or more shall be considered for upgrading.

3. The Council for Upgrading and Downgrading Detainees shall be established by the Director of the Compulsory Educational Facility, consisting of:

- The Director of the Compulsory Educational Facility as Chairman of the Council;

- The Deputy Director in charge of surveillance as Vice-Chairman;

- The Deputy Director in charge of education, the Deputy Director in charge of zones, the Head of Surveillance Team, the Head of Education Team, the file officer, the Head of Warder Police Team, the Head of Mobile Police Team, and the Zone Heads as Members.

Based on the meeting results, the Chairman of the Council decides on upgrading or downgrading detainees. The decision is recorded in the detainee's file.

4. The period for considering upgrading and downgrading detainees is carried out together with the second and fourth quarter classification competitions of the compulsory educational facility, except for cases stipulated in point b, Clause 1 of this Article.

Article 6. Management of Detainees According to Categories

1. Detainees are organized into teams, each team not exceeding 35 detainees for Category H1, and not exceeding 45 detainees for Categories H2 and H3.

2. Detainees of Category H1 are managed in Zone I; detainees of Categories H2 and H3 are managed in Zone II. Rooms in Zone I are numbered sequentially from I.1, I.2... and so on; rooms in Zone II are numbered sequentially from II.1, II.2... and so on. At the entrance of each room managing detainees, there must be a layout showing sleeping positions, photos, and clearly stating the full name, year of birth, place of origin (or place of permanent residence) of each detainee. The layout of sleeping positions must be approved by the Director of the Compulsory Educational Facility.

3. Female detainees must be managed in a separate area, with fences separating them from the male detainee management area, and have their own access routes.

Article 7. Management of Detainees During Daily Life, Study, Work, and Vocational Training

1. Detainees are arranged to live, study, work, and undergo vocational training in teams. Each team of detainees must have a compulsory educational facility staff member overseeing and monitoring. In cases where detainees go to work, each team must have at least two compulsory educational facility staff members assigned to guard and escort duties.

2. Detainees of Category H1 are arranged to work within the premises of the compulsory educational facility or in factories and work areas with watchtowers and protective fencing.

3. Staff members responsible for managing and supervising a team of detainees must hand over tools and equipment for use and management during work and vocational training to each detainee. After working hours, they must check and record all items thoroughly and store them in a warehouse for management. The warehouse must be located outside the detainee management area.

4. Outside of daily life, study, work, and vocational training hours, detainees are managed in their assigned rooms within the compulsory educational facility.

Article 8. Management of inmates when undergoing examination and treatment at hospitals or healthcare facilities

1. Inmates who fall ill beyond the capacity to treat them at compulsory educational institutions shall be reported by health staff in charge, in coordination with the Head of Surveillance Team, the Head of Custodial Police Team, the Head of Education Team, the Head of File Team, the Head of Security and Mobile Police Team, and the Head of Compulsory Educational Institution Subdivision to the Director of the Compulsory Educational Institution for a decision to send the inmate for examination and treatment at a hospital or healthcare facility.

2. During the time of examination and treatment at a hospital or healthcare facility, there must be compulsory educational institution staff managing the inmates strictly 24 hours a day. If the inmate needs to stay for treatment at that hospital or healthcare facility, there must be at least one compulsory educational institution staff member managing one inmate.

For type H1 inmates and inmates suffering from serious illnesses or severe illness who require separate management, there must be at least two compulsory educational institution staff members managing one inmate.

3. When the condition improves, the compulsory educational institution staff member responsible for managing the inmate, in coordination with the hospital or healthcare facility, shall immediately return the inmate to the medical station of the compulsory educational institution for management and treatment according to the treatment protocol of the hospital or healthcare facility.

Article 9. Separate management of inmates

1. Inmates falling under any of the following circumstances shall be subject to separate management:

a) Inmates violating internal regulations of compulsory educational institutions and being disciplined according to Article 36 of Decree No. 02/2014/NĐ-CP twice or more within a year;

b) Inmates showing signs or behaviors of colluding or connecting with other inmates or persons, causing disruption to security and order, escaping from compulsory educational institutions, or bringing prohibited items into compulsory educational institutions;

c) Other inmates deemed necessary to isolate to avoid negative influences, ensuring management and education requirements for inmates.

2. Separate management rooms are arranged to manage from two to fifteen inmates, constructed according to the design model of the Ministry of Public Security.

3. The duration of separate management ranges from one to three months. During the period of separate management, if the inmate shows progress, they may be moved to a communal management room before the scheduled time; if not, the period may be extended multiple times but not exceeding the execution period of the decision.

4. The separate management of inmates and the early transfer of inmates to communal management rooms are decided by the Head of Surveillance Team in coordination with the Head of Education Team, the Head of File Team, the Head of Custodial Police Team, the Head of Security and Mobile Police Team, and the Head of Subdivision reporting to the Director of the Compulsory Educational Institution for a decision.

5. During the period of separate management, the Surveillance Team, Education Team, File Team, Custodial Police Team, and Subdivision Head have the responsibility to assign staff to regularly meet and educate such inmates.

6. Inmates under separate management must have their records maintained by the Surveillance Team.

Article 10. Transfer of Inmates

Inmates frequently violating internal regulations and already under separate management or educated but not showing improvement shall be transferred by the Head of Surveillance Team in coordination with the Head of Education Team, the Head of File Team, the Head of Custodial Police Team, the Head of Security and Mobile Police Team, and the Head of Subdivision reporting to the Director of the Compulsory Educational Institution for a decision to transfer the inmate from one subdivision to another. If it is deemed necessary to further differentiate and transfer the inmate to another compulsory educational institution to ensure security and order for the compulsory educational institution as well as the management requirements for inmates, the Director of the Compulsory Educational Institution shall report to the Director General of the Criminal Enforcement Bureau and Judicial Assistance Service for consideration and decision on transferring the inmate to another compulsory educational institution. The transfer decision shall be sent to the agency that established the file, the People's Court that issued the decision to apply compulsory educational measures, and the inmate.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from March 16, 2015, and replaces Decision No. 03/2005/QĐ-BCA(V26) dated January 5, 2005, of the Minister of Public Security regarding the classification and organization of inmate management by type in compulsory educational institutions.

Article 12. Implementation Organization

1. The Criminal Enforcement Bureau and Judicial Assistance Service has the responsibility to guide, urge, and inspect the implementation of this Circular.

2. The Directors of the various bureaus under the Ministry, the Heads of provincial and centrally-administered city public security departments, fire prevention and firefighting departments, and related organizations and individuals are responsible for implementing this Circular.

During the implementation process, if difficulties or obstacles arise, local public security agencies shall report to the Ministry of Public Security (through the Criminal Enforcement Bureau and Judicial Assistance Service) for timely guidance.