Decree No. 09/2023/ND-CP detailing and guiding the implementation of Resolution No. 54/2022/QH15 dated June 16, 2022 of the National Assembly on piloting the organization of labor, vocational guidance, and vocational training for prisoners outside prisons.

DECREE

Detailed implementation of Resolution No. 54/2022/QH15 dated June 16, 2022 of the National Assembly piloting the model of organizing activities of labor, vocational guidance, and vocational training for prisoners outside prisons. hPilot testing the organizational model of activities,labor, vocational guidance,vocational training for prisoners outside prisons.

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

Pursuant to Resolution No. 54/2022/QH15 dated June 16, 2022 of the National Assembly piloting the model of organizing activities of labor, vocational guidance, and vocational training for prisoners outside prisons;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree detailing the implementation of Resolution No. 54/2022/QH15 dated June 16, 2022 of the National Assembly piloting the model of organizing activities of labor, vocational guidance, and vocational training for prisoners outside prisons.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the implementation of Resolution No. 54/2022/QH15 dated June 16, 2022 of the National Assembly piloting the model of organizing activities of labor, vocational guidance, and vocational training for prisoners outside prisons, including the following contents:

1. Criteria for selecting prisons to pilot.

2. Criteria for selecting organizations to cooperate with prisons to implement labor, vocational guidance, and vocational training activities for prisoners outside prisons.

3. Procedures and formalities for establishing, reviewing, approving the organization of labor, vocational guidance, and vocational training activities and setting up labor, vocational guidance, and vocational training areas for prisoners outside prisons.

4. Methods and criteria for selecting prisoners to be sent out for labor, vocational guidance, and vocational training outside prisons.

5. Regulations and policies for prisoners when working, receiving vocational guidance, and learning trades outside prisons.

6. Responsibilities of relevant agencies and organizations.

Article 2. Applicability

2. Prisoners currently serving sentences at prisons under the Ministry of Public Security participating in the pilot.

3. Other relevant agencies and organizations.

Chapter II

ORGANIZING THE PILOT OF THE MODEL OF ORGANIZING

ACTIVITIES OF LABOR, VOCATIONAL GUIDANCE, AND VOCATIONAL TRAINING

FOR PRISONERS OUTSIDE PRISONS

Article 3. Selection of prisons to conduct the pilot

1. Prisons conducting the pilot must meet the following criteria:

a) Difficulties in material infrastructure to organize industries and professions for labor, vocational guidance, and vocational training to serve the reintegration of prisoners within the prison premises.

b) Need for employment, ability to manage and arrange officers and soldiers and the number of prisoners to cooperate with domestic organizations to organize labor, vocational guidance, and vocational training for prisoners.

c) Ensuring security and safety when implementing the pilot.

2. Based on the criteria stipulated in Clause 1 of this Article, the Ministry of Public Security shall issue a list of prisons eligible for the pilot.

Article 4. Criteria for selecting organizations to cooperate with prisons to implement labor, vocational guidance, and vocational training activities for prisoners outside prisons

Organizations cooperating with prisons to organize labor, vocational guidance, and vocational training activities for prisoners outside prisons must meet the following conditions:

1. Not owned by individuals or organizations from foreign countries; not joint ventures or associated with foreign enterprises or have foreign investment capital.

2. Hold business registration certificates issued by competent state authorities; business licenses for cooperative labor industries that require special conditions.

3. Have documents proving lawful ownership or usage rights over land and property attached to the land to organize labor, vocational guidance, and vocational training activities.

4. The location of the labor, vocational guidance, and vocational training area for prisoners outside prisons must be within a stable public security area; the distance to the nearest military post of the prison should not exceed 50 kilometers to facilitate management, inspection, supervision, and timely handling of unexpected situations; surrounded by walls or fences separating it from residential areas.

5. The organization must have the capacity to implement labor, vocational guidance, and vocational training activities for one group or team of prisoners or more; ensure conditions to support prisoner detention management, education, healthcare, cultural and sports activities; engage in industries permitted by law and not included in the list of heavy, hazardous, and dangerous occupations at level V or higher according to Circular No. 11/2020/TT-BLDTBXH dated November 12, 2020 of the Ministry of Labor, Invalids, and Social Affairs regarding the issuance of the List of Heavy, Hazardous, and Dangerous Occupations and Particularly Heavy, Hazardous, and Dangerous Occupations. In cases involving other permitted industries, the organization must commit to operating safely for prisoners.

Article 5. Procedures for establishing, examining, and approving the organization of labor, vocational guidance, and training activities for prisoners outside detention centers and setting up labor, vocational guidance, and training areas for prisoners outside detention centers

1. Proposing to conclude cooperation contracts for organizing labor, vocational guidance, and training activities for prisoners outside detention centers

Organizations with a desire to cooperate shall submit a document to the detention center regarding their request for cooperation in organizing labor, vocational guidance, and training activities for prisoners outside detention centers, including the following contents: name of the organization; business registration number or tax code; business registration certificate; name and position of the representative; main business industry and proposed cooperative labor industries; planned land area and location of factory buildings to be used for organizing labor, vocational guidance, and training for prisoners; estimated number of prisoners participating in each industry and all proposed cooperative labor, vocational guidance, and training industries; cooperation period. Attach certified copies of relevant documents and capability dossier (if available).

2. Procedures for establishing, examining, and approving the proposal for cooperation in organizing labor, vocational guidance, and training activities for prisoners outside detention centers:

a) Within seven working days from the date of receipt of the cooperation request document from the organization, based on actual conditions and needs of the unit, the detention center will organize a survey of the proposed location for labor, vocational guidance, and training activities, prepare a survey record including the following contents: Location; land area; building and workshop area; labor industry; labor workforce requirements; access transportation; distance to the nearest detention center garrison point; characteristics of the local residential area and adjacent residential areas. The detention center will convene a meeting to examine the conditions for organizing labor, vocational guidance, and training activities for prisoners outside detention centers and issue a response document.

In case of agreement to cooperate, the detention center and the organization will develop a cooperation plan and sign a principle cooperation agreement for organizing labor, vocational guidance, and training activities outside detention centers according to Model 01-TT. Simultaneously, the detention center will prepare a Petition according to Model 02-TTr and attach the following documents: Cooperation Plan; Principle Cooperation Agreement; capability dossier of the cooperating organization; survey record; project investment explanation, labor organization plan, vocational guidance, and training plan, and other related documents, report to the Criminal Enforcement Management Agency under the Ministry of Public Security for approval of the cooperation policy with the organization to organize labor, vocational guidance, and training activities for prisoners outside detention centers.

b) Within seven working days from the date of receipt of the complete detention center application file, the Criminal Enforcement Management Agency under the Ministry of Public Security is responsible for examining and approving the cooperation policy and notifying the detention center to implement it. In case of non-approval, the Criminal Enforcement Management Agency under the Ministry of Public Security will send a notification document to the detention center detailing the reasons for non-approval.

3. Establishing Labor, Vocational Guidance, and Training Areas outside detention centers:

a) After completing construction projects according to relevant laws and ensuring detention conditions, labor organization, vocational guidance, and training, the detention center is responsible for coordinating with the cooperating organization to prepare a completion acceptance record.

b) The detention center will complete the establishment report to the Criminal Enforcement Management Agency under the Ministry of Public Security requesting the establishment of Labor, Vocational Guidance, and Training Areas outside detention centers, including: Petition according to Model 03-TTr; document agreeing to the cooperation policy; design dossier for Labor, Vocational Guidance, and Training Areas outside detention centers; completion acceptance record.

c) Within twenty working days from the date of receipt of the file, the Criminal Enforcement Management Agency under the Ministry of Public Security will organize inspections, examinations, approvals, and issue a Decision to establish Labor, Vocational Guidance, and Training Areas outside detention centers. If, after inspection and examination, the Criminal Enforcement Management Agency under the Ministry of Public Security does not approve the establishment of Labor, Vocational Guidance, and Training Areas outside detention centers due to incomplete construction projects according to regulations, the Criminal Enforcement Management Agency under the Ministry of Public Security will guide the cooperating organization to continue supplementing, revising, and perfecting the construction projects and resubmit them to the Criminal Enforcement Management Agency for approval.

a) Based on the Decision to establish Labor, Vocational Guidance, and Training Areas outside detention centers issued by the Criminal Enforcement Management Agency under the Ministry of Public Security, the detention center will conclude a cooperation contract with the organization according to Model 04-HĐ and arrange and deploy the number of officers, soldiers, and prisoners to organize labor, vocational guidance, and training activities for prisoners. At the same time, notify the People's Procuracy of the province where the detention center is located and the People's Committee of the district and commune where the Labor, Vocational Guidance, and Training Area outside detention centers is located for supervision and coordination when required.

b) The detention center warden will base on the specific conditions of the detention center and the ability to cooperate with the organization to develop a plan for organizing labor, vocational guidance, and training activities for prisoners outside detention centers, consolidate it into the annual labor and vocational training plan for prisoners of the detention center, and submit it to the Criminal Enforcement Management Agency under the Ministry of Public Security for examination and approval according to Clause 3 Article 16 Decree No. 133/2020/NĐ-CP.

Article 6. Methods and criteria for selecting prisoners to participate in labor, vocational guidance, and skill training outside prison

1. Method of selection:

The prison shall publicize the conditions and standards stipulated in Clause 2 of this Article for prisoners to review and voluntarily submit applications to participate in labor and skill training outside the prison. The prison warden shall direct the specialized teams to cooperate and select prisoners according to the regulations.

2. Prisoners who do not fall under the cases specified from point a to point m of Clause 4, Article 1 of Resolution No. 54/2022/QH15 must meet the following conditions when being sent to labor areas, vocational guidance, and skill training outside the prison:

a) Having a clear place of residence.

b) Strictly adhering to the internal rules of the prisoner detention facility, showing progressive reform awareness.

c) For prisoners with sentences exceeding 15 years or life imprisonment, they must be first-time offenders, have had their prison terms reduced, and have less than 7 years remaining in their sentence, with at least 12 consecutive months immediately preceding the review period classified as "Good" or "Excellent."

d) For prisoners with sentences up to 15 years, they must be first-time offenders and meet the following conditions: prisoners with sentences between 7 and 15 years must have served one-third of their sentence, have less than 7 years remaining, have had their prison terms reduced, and have at least 9 consecutive months immediately preceding the review period classified as "Good" or "Excellent"; prisoners with sentences between 3 and 7 years must have at least 6 consecutive months immediately preceding the review period classified as "Good" or "Excellent"; prisoners with sentences up to 3 years must have at least 3 consecutive months immediately preceding the review period classified as "Good" or "Excellent."

đ) For prisoners with a history of drug addiction, careful and strict consideration is required, only selecting those who no longer exhibit signs of drug dependence to be sent to labor areas, vocational guidance, and skill training outside the prison.

Article 7. System and policies for prisoners during labor, vocational guidance, and skill training outside the prison

1. Prisoners participating in labor, vocational guidance, and skill training outside the prison shall be guaranteed rights and obligations and paid wages according to the provisions of the Criminal Execution Law and detailed guiding documents.

2. At least one month before the completion of the prisoner's criminal sentence or before the implementation of a special amnesty decision, early release decision with conditional parole, the prisoner shall be returned to the prison to prepare for community reintegration as prescribed.

3. In cases where prisoners violate laws, internal rules of the prisoner detention facility, occupational safety and health regulations, disease prevention measures, fire and explosion prevention measures, and such violations require disciplinary action, they shall be returned to the prison for handling according to the regulations.

Chapter III

RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS IN THE PILOT PROGRAM

MODEL FOR ORGANIZING LABOR, VOCATIONAL GUIDANCE, AND SKILL TRAINING FOR PRISONERS OUTSIDE THE PRISON

OCCUPATION FOR PRISONERS OUTSIDE OF PRISON FACILITIES

Article 8. Responsibilities of the Ministry of Public Security

1. Shall be responsible for directing and inspecting the organization of labor, vocational guidance, and skill training activities for prisoners outside the prison.

2. Shall be accountable to the Government for the implementation of Resolution No. 54/2022/QH15 and this Decree. Annually report to the Government on the pilot program implementation; advise the Government to draft a mid-term review report on the three-year implementation of Resolution No. 54/2022/QH15 to be reported to the National Assembly at the regular session in late 2025, and draft a final report on the implementation of Resolution No. 54/2022/QH15 and proposals for improving criminal execution laws to be reported to the National Assembly at the regular session in mid-2027.

Article 9. Responsibilities of the Criminal Enforcement Management Agency under the Ministry of Public Security

The Criminal Enforcement Management Agency under the Ministry of Public Security shall organize implementation, inspect, guide, and supervise prisons during the pilot operation of labor, vocational training, and skill teaching for inmates outside prison premises in accordance with the provisions of the law based on its functions, tasks, and authorities.

Article 10. Responsibilities of Prisons

1. Cooperate with organizations that cooperate with prisons to develop plans and complete proposal files for approval of cooperation policies to be submitted to the Criminal Enforcement Management Agency under the Ministry of Public Security for approval.

2. Prepare files to establish labor zones, vocational training, and skill teaching areas for inmates outside prison premises, to be submitted to the Criminal Enforcement Management Agency under the Ministry of Public Security for review, assessment, and approval.

3. Sign cooperation contracts with organizations to organize labor, vocational training, and skill teaching for inmates according to approved plans.

4. Select and arrange experienced officers and soldiers suitable for the characteristics and requirements of tasks at labor, vocational training, and skill teaching zones outside prison premises; for zones with female inmates, female officers must be arranged.

5. Directly manage detention, educate and reform inmates, ensure security and safety at labor, vocational training, and skill teaching zones for inmates outside prison premises in accordance with the provisions of the Criminal Enforcement Law.

8. Shall implement in accordance with the provisions of the Criminal Enforcement Law, the Labor Safety and Health Law, and other relevant laws when there is a loss of security and safety at labor, vocational training, and skill teaching zones for inmates outside prison premises.

Article 11. Responsibilities of Organizations Cooperating with Prisons

1. Invest in building physical facilities to serve management, detention, education and reform, labor, vocational training, and skill teaching for inmates; hand over construction projects serving officers and soldiers to the prison for management.

2. Coordinate with prisons to provide guidance, teach skills, and transfer trades; arrange job sectors for labor; ensure working conditions, labor safety, and environmental hygiene for inmates participating in labor, vocational training, and skill teaching activities in accordance with the law, and have the obligation to pay the prison the value of inmate labor and cover related costs for organizing labor and skill teaching during the cooperation period as stipulated in the signed contract.

3. Create conditions for relevant agencies and units to fulfill their inspection, supervision, and monitoring functions regarding the execution of sentences by inmates in accordance with the law.

Article 12. Responsibilities of Relevant Agencies and Units

1. The Ministry of Finance is responsible for directing tax agencies to implement income tax exemption on profits from labor, vocational training, and skill teaching for inmates outside prison premises during the pilot period of organizations cooperating with prisons.

2. Ministries, ministerial-level agencies, and relevant organizations within their scope of responsibility and authority are responsible for coordinating with the Ministry of Public Security in guiding the organization of labor, vocational training, and skill teaching outside prison premises; implementing regimes and policies for inmates and ensuring security and safety in accordance with the provisions of the Criminal Enforcement Law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Decree takes effect from March 13, 2023 until the Resolution No. 54/2022/QH15 ceases to be effective.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and relevant agencies and organizations are responsible for enforcing this Decree.