Decree No. 09/2012/NĐ-CP stipulates on the organization of management and treatment for persons residing while waiting to exit the country as prescribed by the Criminal Enforcement Law.

DECREE

Regulations on the organization of management and treatment for persons staying during the period awaiting departure as prescribed by the Criminal Enforcement Law

This Decree stipulates the organization of management and treatment for persons serving deportation sentences and foreign nationals who have completed their prison terms and are residing at detention facilities awaiting departure procedures (referred to collectively in this Decree as "residents").

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Inspectorate Chief of the Ministry,

Considering the proposal of the Minister of Public Security,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to residents; agencies, organizations, and individuals related to the organization of management and assurance of treatment for residents. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be implemented in accordance with those treaties.

Article 2. Applicability

The investment funds for the construction of physical facilities, provision of equipment, and implementation of treatment for residents shall be guaranteed by the state budget and allocated in the annual state budget plan of the Ministry of Public Security.

1. The funding for the implementation of the policy on exemption and subsidy of tuition fees shall be guaranteed by the state budget in accordance with the provisions of the law on the decentralization of budget management.

ORGANIZATION OF MANAGEMENT FOR RESIDENTS AND TREATMENT FOR RESIDENTS

Chapter II

1. Residents must reside collectively at detention facilities and be subject to management and supervision by such facilities.

Article 4. Organization and Management of Residents

2. The Minister of Public Security decides on the establishment, merger, dissolution, and defines the functions, tasks, powers, and organizational structure of detention facilities.

Article 5. Living conditions for residents

1. Residents are assigned to dormitories based on gender (male, female); the minimum sleeping area per person is 3 square meters, with a bathroom, bedding, and mosquito nets.

2. Persons suffering from particularly dangerous infectious diseases as defined by the Law on Prevention and Control of Infectious Diseases, persons with mental illness, or other illnesses that impair cognitive or behavioral control must be housed separately in isolation rooms.²Article 6. Food and clothing standards for residents

1. The monthly food standard for each resident is calculated as follows: 17 kilograms of regular white rice; 0.7 kilograms of meat; 0.8 kilograms of fish; 0.1 kilograms of salt; 0.5 kilograms of medium-grade sugar; 0.75 liters of fish sauce; 0.1 kilograms of monosodium glutamate; 15 kilograms of fresh vegetables; and 15 kilograms of firewood or 17 kilograms of coal. This quantity is provided by the state and converted into cash according to local market prices where the detention facility is located. On national holidays (as defined by the Vietnamese government), residents may receive additional meals, but the total food standard (including both regular and additional meals) shall not exceed five times the regular daily food standard. The detention facility may adjust the aforementioned food quantities to meet practical needs to ensure that residents consume the full standard.

2. In addition to the provided standard, residents may use gifts from relatives and deposited money (if any) to purchase additional food according to the regulations of the detention facility.

3. The detention facility may organize collective kitchens and be provided with necessary cooking utensils for preparing meals, boiling water, and distributing food portions to residents according to the standard. Equipment for a collective kitchen includes: gas stove, various types of rice cookers, water boilers, food cookers; frying pans, water bottles, refrigerators, food storage cabinets, dining tables, chairs, and other necessary equipment and utensils to serve the kitchen.

4. Residents may bring essential personal items into the detention facility for use as regulated by the Ministry of Public Security.

If residents lack clothing, they will be provided with one to two sets of regular fabric clothing depending on the duration of their stay.

4. The person staying at the accommodation facility is allowed to bring essential personal items for use in accordance with the regulations of the Ministry of Public Security.

In cases where the person staying lacks clothing, depending on the duration of stay, they shall be provided with one to two sets of regular fabric clothing.

Article 7. Living Conditions for Physical Exercise, Sports, Cultural Activities, Entertainment, Communication, and Property Management for Individuals in Residence

1. Individuals in residence are permitted to engage in healthy physical exercise, sports, cultural, and entertainment activities within the premises of the residential facility. Each room is equipped with a color television set and individuals may borrow books and newspapers from the residential facility.

The time allocated for physical exercise, sports, cultural, and entertainment activities, watching television, and listening to the radio is determined by the residential facility.

2. Individuals in residence may communicate by telephone and send letters to their relatives and consular authorities according to the regulations of the residential facility. Telephone charges and postage fees are borne by the individual in residence.

3. Individuals in residence who have cash or valuable items must deposit them at the safekeeping service of the residential facility and retrieve them prior to departure. The residential facility is responsible for issuing safekeeping books or tracking slips for individuals in residence to use in lieu of cash for daily living expenses.

Article 8. Visitation Rights for Individuals in Residence

1. Individuals in residence are allowed to meet with relatives or their legal representatives in the visiting room of the residential facility. They may meet once a week, with each meeting not exceeding four hours.

Individuals in residence who comply well with the internal rules of the residential facility may be allowed to meet with their spouse in a private room of the residential facility once a week, with each meeting not exceeding twenty-four hours.

2. Procedures for Visits:

a) Foreign relatives or legal representatives of individuals in residence wishing to visit must submit a request form. The form must be translated into Vietnamese and confirmed by the diplomatic mission, consular office, or other authorized consular function agency located in Vietnam of the country whose nationality the individual holds, or by the representative office of an international organization where the individual works, or by the agency or organization that has sponsored the individual's entry into Vietnam. In cases where the country of nationality of the individual in residence does not have a diplomatic mission, consular office, or other authorized consular function agency in Vietnam, the visitation request form does not require confirmation from these agencies;

b) Relatives or legal representatives of Vietnamese individuals in residence wishing to visit must submit a request form, confirmed by the People's Committee of the commune or the place of residence or work, and present identification cards or other personal documents;

c) The decision to allow relatives to visit individuals in residence is made by the person in charge of the residential facility.

3. Cases involving consular visits for individuals in residence are granted permits by the provincial criminal enforcement agency of the Public Security Department where the residential facility is located. If Vietnam and another country have citizens in residence who have agreed on a timeframe for consular visits, the provincial criminal enforcement agency will issue permits in accordance with the agreed timeframe.

4. When permitted to visit, individuals in residence may receive letters, cash, and items according to the regulations. The residential facility is responsible for inspecting letters, cash, and items before they are brought into the residential facility. The management and use of cash and items by individuals in residence shall be carried out in accordance with Clause 3 of Article 7 of this Decree.

5. Visitors must strictly adhere to Vietnamese laws, the internal rules of the visiting facility, and the guidance of the staff of the residential facility.

Article 9. Medical Examination and Treatment for Detainees During Detention Period

1. During the detention period at the detention facility, detainees who fall ill shall be examined and treated at the medical clinic of the detention facility. The examination and medication distribution, nutritional support for sick detainees shall be determined by the treating physician based on the internal regulations and rules of the medical clinic; the monthly cost of regular medication for each detainee is equivalent to 2 (two) kilograms of ordinary white rice. In cases where a detainee's illness exceeds the treatment capacity of the detention facility's medical services, they shall be transferred to a state hospital in the locality where the detention facility is located for treatment. If a detainee requests to seek medical care at a healthcare facility according to their preference, they must obtain permission from the detention facility and bear the costs of medical examination and treatment themselves.

The detention facility must notify the criminal enforcement agency of the provincial public security organ where the detention facility is located about the transfer of detainees for treatment at medical facilities so that the criminal enforcement agency can inform the court that issued the enforcement decision, the Ministry of Foreign Affairs of Vietnam, consular offices or other agencies authorized to perform consular functions of the country whose nationality the detainee holds, international organizations' representative offices in Vietnam where the detainee works, and the agencies, organizations, or individuals who guaranteed the detainee’s entry into Vietnam; relatives or lawful representatives of the detainee residing in Vietnam (if any). The costs for the detainee's treatment at state medical facilities shall be covered by the detention facility using state budget funds. If high-cost advanced medical techniques are required for treatment and exceed the standard limit, the detainee must pay the additional treatment costs themselves.

2. In cases where a detainee is pregnant and reaches her due date, the detention facility is responsible for transporting her to a local medical facility for childbirth. After childbirth, if the detainee requests to register the birth of her child, the detention facility is responsible for processing the birth registration with the Department of Justice in the locality where the detention facility is located, in accordance with Articles 49 and 50 of Decree No. 158/2005/NĐ-CP dated December 27, 2005 on Registration and Management of Household Registers. The costs for the detainee during childbirth at a state hospital shall be covered by the detention facility using state budget funds.

3. The detention facility is responsible for coordinating with hospitals and the criminal enforcement agency of the provincial public security organ where the detention facility is located to manage detainees during their treatment or childbirth at the hospital.

Article 10. Provisions for Children of Detainees Residing Together with Their Parents at the Detention Facility

Children under 16 years old who reside together with their parents at the detention facility shall be allocated sleeping space in the same room as their parents, in accordance with actual conditions and age and gender characteristics. Living, food, medical examination and treatment, and funeral expenses shall be provided similarly to those for detainees. On June 1st and Mid-Autumn Festival, children shall receive double the daily meal allowance; if they are sick, they shall be provided medical examination and treatment benefits; if they die, funeral expenses shall be provided similarly to those for detainees.

Article 11. Handling Cases of Detainees Who Escape

1. In cases where a detainee serving a deportation sentence escapes, it shall be handled in accordance with Article 100 of the Criminal Enforcement Law.

2. In cases where a foreign detainee has completed their prison sentence and is staying at the detention facility awaiting departure procedures but escapes, the detention facility must immediately report to the criminal enforcement agency of the provincial public security organ where the detention facility is located so that the agency can inform the Ministry of Foreign Affairs to notify the agencies, organizations, or individuals specified in Clause 1 of Article 9 of this Decree.

Article 12. Handling cases where a foreign resident or their child residing with them at the accommodation facility dies

Clause 1. In the event that a foreign resident or their child residing with them dies at the accommodation facility, the accommodation facility must immediately report to the investigation agency, the People's Public Prosecution Office, and the nearest health authority to establish a record confirming the cause of death, while simultaneously reporting to the Criminal Enforcement Agency of the Provincial Police Department where the accommodation facility is located to notify the Ministry of Foreign Affairs to inform the consular office or other authorized body performing consular functions of the country whose nationality the deceased holds, or the representative office of an international organization in Vietnam where the deceased was working, and the relatives or lawful representatives of the foreign resident currently residing in Vietnam (if any).

Clause 2. Within 24 (twenty-four) hours from the completion of the procedures stipulated in Clause 1 of this Article, the accommodation facility is responsible for burying the deceased. The burial expenses shall be covered by the state budget. If the relatives or lawful representatives of the deceased request the repatriation of the body for burial, they shall bear the costs themselves.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Handling diplomatic procedures related to foreign residents

The Ministry of Foreign Affairs is responsible for guiding the handling of diplomatic procedures related to the enforcement of deportation penalties against foreign residents; exchanging and providing information related to foreign residents to the diplomatic agencies and consular offices of foreign countries in Vietnam; directing the Departments of Foreign Affairs to coordinate with the Criminal Enforcement Agencies of the Provincial Police Departments where the accommodation facilities are located to resolve issues arising with foreign residents during their stay at the accommodation facility pending departure.

Article 14. Effective Date

This Decree takes effect from April 10, 2012.

Article 15. Responsibility for Implementation

Clause 1. The Minister of Public Security is responsible for organizing the implementation and guiding, inspecting, and urging the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.