Circular No. 10/2024/TT-BCA on community reintegration work for individuals who have completed their criminal sentences by the People's Public Security Forces.

CIRCULAR

Regulations on community reintegration work for individuals who have completed their criminal sentences under the People's Public Security Forces

the person has completed the imprisonment sentence enforced by the People's Police Force

Pursuant to the Criminal Enforcement Law 2019;

Pursuant to the Pardon Law;

Pursuant to Decree No. 49/2020/NĐ-CP dated April 17, 2020 of the Government detailing the implementation of the Criminal Enforcement Law on community reintegration;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Department of Police for Custody, Pre-Trial Detention, and Community Criminal Enforcement;

The Minister of Public Security promulgates this Circular on community reintegration work for individuals who have completed their criminal sentences under the People's Public Security Forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the implementation of community reintegration work for individuals who have completed their criminal sentences; the reception, management, supervision, education, assistance to individuals who have completed their criminal sentences, and the implementation of measures to ensure community reintegration for individuals who have completed their criminal sentences under the People's Public Security Forces.

Article 2. Applicability

1. Units directly under the Ministry of Public Security, agencies managing criminal enforcement under the Ministry of Public Security, criminal enforcement agencies within the People's Public Security Forces, provincial public security organs, district public security organs, commune-level public security organs (collectively referred to as public security units and localities).

2. Individuals granted amnesty, individuals conditionally released early from prison, individuals who have completed their criminal sentences and returned to the community (collectively referred to as individuals who have completed their criminal sentences), including Vietnamese citizens, foreigners, and stateless persons permanently residing in Vietnam.

3. Agencies, units, organizations, and individuals related to the implementation of community reintegration work.

Article 3. Forms and Registers for Monitoring Community Reintegration Work

1. Issuing with this Circular forms and registers for use in community reintegration work (Annex attached). (Appendix attached).

2. The Department of Police for Custody, Pre-Trial Detention, and Community Criminal Enforcement guides public security units and localities in managing and using these forms and registers; annually forecasts the quantity of forms and registers to be printed and distributed to public security units and localities, or guides units and localities to print certain types of forms and registers for community reintegration work.

3. In cases where adjustments to the content of information fields in forms and registers are necessary, the Department of Police for Custody, Pre-Trial Detention, and Community Criminal Enforcement will coordinate with relevant units to implement such adjustments. In cases where additions, cancellations, or replacements of forms and registers are required, the Department of Police for Custody, Pre-Trial Detention, and Community Criminal Enforcement shall report to the head of the agency managing criminal enforcement under the Ministry of Public Security for decision.

Article 4. Community Reintegration Database

1. The community reintegration database manages information on community reintegration to serve state management of community reintegration; integrates and exchanges with the national population database, the crime information database, the operational information and data center of the Ministry of Public Security, the detention and pre-trial detention management database, and the criminal enforcement database.

2. The Department of Police for Custody, Pre-Trial Detention, and Community Criminal Enforcement establishes a unified community reintegration database from the Ministry down to the commune level; guides public security units and localities in establishing, installing, managing, maintaining, updating, and utilizing information in the community reintegration database.

Article 5. Implementation of Reporting and Statistics on Community Reintegration Work

1. Police stations at the commune level, criminal enforcement agencies under police departments at the district level, and criminal enforcement agencies under police departments at the provincial level shall implement reporting and statistics on community reintegration work periodically.

a) Monthly statistics on the number of individuals who have completed their prison sentences and those who have been granted amnesty and reintegrated into the community (Form HCD-12);

b) Quarterly, six-monthly, and annual reports on the results of community reintegration work (Form HCD-13).

2. The time, form, and content of the reports and statistics shall be carried out according to the reporting and statistical regulations of the Ministry of Public Security and the guidelines of the General Bureau of Criminal Investigation for Temporary Detention, Custody, and Community-based Enforcement of Criminal Sentences.

Article 6. Funding for Community Reintegration Work by the People's Public Security Force

1. Funding for community reintegration work by public security units and localities shall be sourced from state funds as stipulated in Clause 1, Article 4 of Decree No. 49/2020/NĐ-CP; allocated within the annual security expenditure budget of the Ministry of Public Security assigned to public security units and localities in accordance with the State Budget Law and detailed regulations and implementation guidelines in the field of national security and social order.

2. Funding for managing, supervising, educating, and assisting individuals who have completed their criminal sentences to reintegrate into the community shall be implemented in accordance with the provisions of Decree No. 165/2016/NĐ-CP dated December 24, 2016, of the Government on the management and use of state budgets for certain activities in the fields of national defense and security.

Public security units and localities shall proactively advise local authorities to ensure the budget or mobilize from other legitimate sources of funding as prescribed by law to implement community reintegration work in accordance with the State Budget Law.

3. The acceptance of money, foreign currency, tangible assets, negotiable instruments, and other property rights from voluntary contributions by domestic and foreign organizations and individuals for use in community reintegration activities shall be carried out in accordance with the provisions of Clause 3, Article 4 of Decree No. 49/2020/NĐ-CP.

Chapter II

IMPLEMENTATION OF ACCEPTANCE, MANAGEMENT, SUPERVISION, EDUCATION, AND ASSISTANCE FOR INDIVIDUALS WHO HAVE COMPLETED THEIR CRIMINAL SENTENCES

Article 7. Subjects for Acceptance, Management, Supervision, Education, and Assistance

1. Subjects for acceptance, management, supervision, education, and assistance include:

a) Individuals who have completed their prison sentences, including prisoners who have completed their prison sentences and those who have been conditionally released and have completed their probation period and received a certificate of completion of sentence but have not had their criminal record expunged;

b) Individuals who have been granted amnesty, including prisoners who have been granted amnesty and those who have been temporarily suspended from serving their sentences and have been granted amnesty and have received an amnesty certificate but have not had their criminal record expunged.

2. The period for accepting, managing, supervising, educating, and assisting shall run from the date of completion of the prison sentence or grant of amnesty until there is a basis to conclude the management, supervision, education, and assistance in the cases specified in Clause 1, Article 14 of this Circular.

3. The police station in the commune where the individual who has completed their prison sentence or been granted amnesty resides shall carry out the management, supervision, education, and assistance for such individuals in accordance with Article 25 of Decree No. 49/2020/NĐ-CP.

4. Individuals who have been conditionally released and are currently serving their probation period shall be accepted and managed in accordance with the Criminal Execution Law and Circular No. 65/2019/TT-BCA dated November 28, 2019, of the Minister of Public Security on criminal execution work in the community.

Article 8. Accepting notifications about prisoners before the end of their prison sentence, granted amnesty

1. Within three working days from the date of receiving the notification of the prisoner's completion of the prison sentence as prescribed in Clause 1, Article 46 of the Criminal Execution Law, and the notification of the amnesty decision as prescribed in Clause 1, Article 18 of the Amnesty Law, the commune police must verify information on residence and other related contents, and cooperate with the prisoner's family to accurately determine the place where the prisoner will reside after completing the prison sentence and being granted amnesty.

In cases where the address for residence in the notification has changed or there is evidence that the prisoner will not return to the place of residence stated in the notification, the commune police shall advise the People's Committee of the commune to issue a written notification to the agency or unit that sent the notification of the prisoner's completion of the prison sentence and the notification of the amnesty decision to verify and clarify the place of residence of the prisoner (Form HCD-03).

2. The commune police must check and closely monitor relevant situations, proactively advise the People's Committee of the commune to implement the acceptance, management, supervision, education, and assistance when the prisoner completes the prison sentence and returns to the community after being granted amnesty.

Article 9. Implementing the acceptance of persons who have completed their prison sentences and those who have been granted amnesty

1. When persons who have completed their prison sentences and those who have been granted amnesty report to the People's Committee of the commune, the Chief of the Commune Police assigns staff to directly work with them. The content of the work includes:

a) Notifying the policies, laws, and regulations of the Party and State regarding persons who have completed their prison sentences and those who have been granted amnesty;

b) Understanding the thoughts and aspirations of persons who have completed their prison sentences and those who have been granted amnesty;

c) Guiding the procedures for registering and managing residence and issuing citizen identification cards for persons who have completed their prison sentences and those who have been granted amnesty;

d) Advising and providing information on job creation, loans from the Social Policy Bank, and other necessary issues to facilitate early reintegration into the community;

đ) Requiring persons who have completed their prison sentences and those who have been granted amnesty to strictly comply with the provisions of the law and the rules of the agencies, organizations, and places of work, study, and residence;

e) Preparing a record of the work session with persons who have completed their prison sentences and those who have been granted amnesty, in which they are required to commit to not violating the law and not reoffending (Form HCD-05);

g) Preparing a form of information on persons who have completed their prison sentences and those who have been granted amnesty (Form HCD-02).

2. If persons who have completed their prison sentences and those who have been granted amnesty have not reported within the deadline specified in the certificate of completion of the prison sentence and the amnesty certificate, the Chief of the Commune Police must assign staff to cooperate with the family to verify and implement:

a) In cases where persons who have completed their prison sentences and those who have been granted amnesty have returned to their place of residence, the commune police require them to report to the People's Committee of the commune and implement the contents stipulated in Clause 1 of this Article.

If persons who have completed their prison sentences and those who have been granted amnesty continue not to report without a valid reason, the commune police advise the People's Committee of the commune to report to the criminal enforcement agency of the county police (Form HCD-04) and simultaneously actively cooperate with the family of persons who have completed their prison sentences and those who have been granted amnesty to manage, supervise, educate, and assist them.

b) In cases where persons who have completed their prison sentences and those who have been granted amnesty do not return to their place of residence, the commune police cooperate with their relatives and families to verify where they are and advise the People's Committee of the commune to report to the criminal enforcement agency of the county police to resolve and handle (Form HCD-04).

3. In cases where persons who have completed their prison sentences and those who have been granted amnesty report at the People's Committee of the commune or the commune police not matching the address for residence in the certificate of completion of the prison sentence and the amnesty certificate, the commune police require them to declare information and clearly state the reasons for not residing at the address in the certificate of completion of the prison sentence and the amnesty certificate.

If it is determined that the residence of persons who have completed their prison sentences and those who have been granted amnesty in the locality complies with the provisions of the Residence Law, the commune police advise the People's Committee of the commune to implement the acceptance procedures as stipulated in Clause 1 of this Article and notify the criminal enforcement agency of the county police and the People's Committee of the commune mentioned in the certificate of completion of the prison sentence and the amnesty certificate.

Article 10. Allocation of organizations and individuals directly managing, supervising, educating, and assisting persons who have completed their sentences and persons granted amnesty

1. Based on the personal characteristics of persons who have completed their sentences and persons granted amnesty and the actual situation at the local level, the commune police shall coordinate with the Vietnam Fatherland Front and social organizations at the commune level to advise the Chairman of the Commune People's Committee to select political-social organizations and other organizations and their members to implement management, supervision, education, and assistance; ensuring that each person who has completed their sentence and each person granted amnesty must have an organization or individual directly responsible for management, supervision, education, and assistance to reintegrate into society.

2. Within three working days from the date of meeting with persons who have completed their sentences and persons granted amnesty, the Head of the Commune Police shall advise and propose the Chairman of the Commune People's Committee to issue a decision on allocating organizations and individuals directly responsible for management, supervision, education, and assistance (Form HCD-06, HCD-07).

3. The commune police shall coordinate with the allocated organizations and individuals responsible for direct management, supervision, education, and assistance to advise the Commune People's Committee to promulgate a plan for implementing management, supervision, education, and assistance for persons who have completed their sentences and persons granted amnesty.

4. The commune police shall advise the Commune People's Committee to request the assigned individuals responsible for management, supervision, education, and assistance for persons who have completed their sentences and persons granted amnesty to report quarterly as follows:

a) Within the first five days of the first month of each quarter, the assigned individual responsible for management, supervision, education, and assistance shall submit a report on the results of management, supervision, education, and assistance for persons who have completed their sentences and persons granted amnesty (Form HCD-08) to the Commune People's Committee (through the Commune Police).

b) The commune police shall retain the report in the management, supervision, and education file as a basis for evaluating and classifying persons who have completed their sentences and persons granted amnesty.

Article 11. Management, Supervision, and Education Files for Persons Who Have Completed Their Sentences and Persons Granted Amnesty

1. The management, supervision, and education file for persons who have completed their sentences and persons granted amnesty is part of the specialized business file system containing documents reflecting the work of managing persons reintegrating into society (NV). Each person who has completed their sentence and each person granted amnesty shall establish one file, including the following documents:

a) Cover page of the file for persons who have completed their sentences and persons granted amnesty (Form HCD-01);

b) Information form for management, supervision, education, and assistance for persons who have completed their sentences and persons granted amnesty (Form HCD-02);

c) Certificate of completion of sentence, certificate of amnesty (Form PT70, PT72 issued together with Circular No. 12/2020/TT-BCA dated February 7, 2020 of the Minister of Public Security stipulating forms and records regarding the execution of criminal sentences and educational measures at correctional schools, monitoring and managing persons at detention facilities);

d) Notice of the date when the prisoner completes their sentence (Form PT71 issued together with Circular No. 12/2020/TT-BCA), notice of the amnesty decision (if applicable);

đ) Minutes of meetings with persons who have completed their sentences and persons granted amnesty (Form HCD-05);

e) Report proposing allocation of organizations and individuals to implement management, supervision, education, and assistance for persons who have completed their sentences and persons granted amnesty (Form HCD-06);

g) Decision on allocation of organizations and individuals directly responsible for management, supervision, education, and assistance for persons who have completed their sentences and persons granted amnesty (Form HCD-07);

h) Report on the results of management, supervision, education, and assistance for persons who have completed their sentences and persons granted amnesty (Form HCD-08);

i) Report proposing termination of implementation of management, supervision, education, and assistance for persons who have completed their sentences and persons granted amnesty (Form HCD-10);

k) Decision on termination of implementation of management, supervision, education, and assistance for persons who have completed their sentences and persons granted amnesty (Form HCD-11);

l) Criminal record sheet, court decision on expungement of criminal record; other documents having value in determining that persons who have completed their sentences and persons granted amnesty have had their criminal records expunged;

m) Other related documents.

2. Within five working days from the date of meeting with persons who have completed their sentences and persons granted amnesty, the commune police must establish the management, supervision, and education file for persons who have completed their sentences and persons granted amnesty.

3. The establishment, registration, management, use, and termination of the management, supervision, and education file for persons who have completed their sentences and persons granted amnesty shall be carried out in accordance with the regulations of the Ministry of Public Security on business file work in the People's Public Security.

4. The management file for persons conditionally released early shall be implemented in accordance with Circular No. 65/2019/TT-BCA.

Article 12. Evaluation and classification of persons who have completed their criminal sentences and persons granted amnesty

1. Persons who have completed their criminal sentences and persons granted amnesty shall be evaluated and classified into one of the following four groups:

a) Group A: Those who comply with the law; have favorable conditions for reintegration into society such as having stable employment; living in a good environment; leading a stable life;

b) Group B: Those who comply with the law but still face difficulties in reintegration into society such as: Not having employment or having unstable employment; facing financial hardships; feeling self-conscious and ashamed;

c) Group C: Those who have not yet developed a sense of compliance with the law, failing to implement management, supervision, education, and assistance requirements set forth by organizations or individuals directly responsible for such tasks; still having conditions and capabilities that may lead to law violations such as living in complex environments regarding security and public order; living circumstances and family situations easily leading to law violations;

d) Group D: Those currently residing in temporary detention centers, pre-trial detention facilities, compulsory educational institutions, juvenile correction schools, or compulsory drug rehabilitation centers.

2. The commune police shall conduct evaluations and classifications of persons who have completed their criminal sentences and persons granted amnesty upon receiving reports on the results of management, supervision, education, and assistance provided to these individuals.

3. Quarterly, the commune police shall compile lists of persons who have completed their criminal sentences and persons granted amnesty according to each group, report to the criminal enforcement agency of the county police (Form HCD-09), and retain specialized case files containing documents reflecting the management work of reintegrating individuals into society.

4. Based on specific characteristics, circumstances, and actual conditions, local police shall organize comprehensive surveys and investigations of all persons who have completed their criminal sentences and persons granted amnesty within their jurisdiction to serve the needs of community reintegration work.

Article 13. Implementation of consideration for expungement of criminal records

1. The commune police shall review cases meeting the criteria for expungement of criminal records and guide persons who have completed their criminal sentences and persons granted amnesty to follow procedures:

a) In cases where expungement of criminal records is automatically granted as stipulated in Article 70 of the Criminal Code: The commune police shall guide persons who have completed their criminal sentences and persons granted amnesty to complete the necessary procedures for obtaining a criminal record clearance certificate.

b) In cases where expungement of criminal records is decided by the court or in special cases as stipulated in Articles 71 and 72 of the Criminal Code: The commune police shall guide persons who have completed their criminal sentences and persons granted amnesty to write applications to the court that initially tried their cases, accompanied by comments from the People's Committee of the commune where they reside or the organization or institution where they work or study, and to complete the necessary procedures for requesting the competent court to consider and decide on expungement of criminal records.

2. After receiving the criminal record clearance certificate or the court decision confirming the expungement of criminal records as specified in paragraph 1 above, the commune police shall retain the management, supervision, and education files of persons who have completed their criminal sentences and persons granted amnesty and proceed with the procedures to terminate management, supervision, education, and assistance for these individuals.

Article 14. Termination of management, supervision, education, and assistance for persons who have completed their criminal sentences and persons granted amnesty

1. Cases for termination of management, supervision, education, and assistance

a) Persons who have completed their criminal sentences and persons granted amnesty whose criminal records have been expunged (having a criminal record clearance certificate, decision on expungement of criminal records, or document confirming expungement of criminal records);

b) Persons who have completed their criminal sentences and persons granted amnesty who have changed their place of residence (having a notification document and transferred file from the People's Committee of the commune where the person resided to the People's Committee of the new commune of residence);

c) Persons who have completed their criminal sentences and persons granted amnesty who have settled abroad (having a document from the competent authority confirming settlement abroad);

d) Persons who have completed their criminal sentences and persons granted amnesty who are missing (having a court decision declaring them missing);

đ) Persons who have completed their criminal sentences and persons granted amnesty who have died (having a death certificate or record of death; court decision declaring death);

e) Persons who have completed their criminal sentences and persons granted amnesty who have committed a new crime and been sentenced to imprisonment with fixed terms or life imprisonment and are serving their sentences at penal facilities.

2. The commune police shall report to the Chairman of the People's Committee of the commune to issue a decision terminating management, supervision, education, and assistance for persons who have completed their criminal sentences and persons granted amnesty (Form HCD-10, HCD-11) and remove them from the list of individuals under management, supervision, education, and assistance.

Article 15. Implementation of management, supervision, education, and assistance for special cases

1. In the case where a person temporarily suspended from serving a prison sentence is granted amnesty, management, supervision, education, and assistance shall be implemented immediately after the People's Committee of the commune receives the certificate of amnesty.

2. In the case where a person has completed serving a prison sentence or an amnestied person has changed their place of residence, the Public Security Police Station of the commune where the person who has completed serving a prison sentence or the amnestied person currently resides (the place of departure) shall advise the People's Committee of the commune to notify and transfer the management, supervision, and education files to the People's Committee of the commune where the person will reside (the place of arrival), and inform the criminal enforcement agency of the Public Security Police Station of the district.

Within five working days from the date of receiving the notification from the People's Committee of the commune of departure, the Public Security Police Station of the commune of arrival must advise the People's Committee of the commune to continue implementing management, supervision, education, and assistance for persons who have completed serving a prison sentence or amnestied persons.

3. In the case where a person who has completed serving a prison sentence or an amnestied person must serve additional penalties such as restriction, prohibition of residence, prohibition of holding positions, prohibition of practicing certain professions, deprivation of some civil rights, management, supervision, and education shall be carried out according to the provisions of the law on the execution of criminal sentences in the community for persons required to serve additional penalties, while also implementing the reception, management, supervision, education, and assistance as stipulated in this Circular.

4. In the case where a person who has completed serving a prison sentence or an amnestied person is temporarily detained, arrested, or sent to a compulsory educational facility, a juvenile correctional school, or a compulsory drug rehabilitation center, the Public Security Police Station of the commune shall continue managing the file of management, supervision, and education for persons who have completed serving a prison sentence or amnestied persons; implement management, supervision, education, and assistance for them after completing the decision to send them to a compulsory educational facility, a juvenile correctional school, or a compulsory drug rehabilitation center and returning to reside in the locality.

Chapter III

 IMPLEMENTATION OF MEASURES TO ENSURE REINTEGRATION INTO THE COMMUNITY FOR PERSONS WHO HAVE COMPLETED SERVING A PRISON SENTENCE

Article 16. Implementation of information, communication, and education on reintegration into the community

1. Public Security units and localities shall coordinate with relevant agencies, units, and organizations to implement:

a) Regularly organizing propaganda on community reintegration work through public security mass media;

b) Cooperating in propaganda on central and local mass media;

c) Organizing the implementation of mobilization work to encourage the public's participation in community reintegration work;

d) Organizing appropriate forms of information, communication, and education based on conditions, characteristics, and circumstances in the locality;

e) Organizing training sessions and conferences on community reintegration work.

2. The content and form of information, communication, and education on reintegration into the community shall be implemented in accordance with Clause 1 and Clause 2 of Article 9 of Decree No. 49/2020/NĐ-CP.

Article 17. Implementation of psychological support and assistance with legal procedures

1. Provincial Public Security, District Public Security, and Commune Public Security shall organize the implementation of psychological support and assistance with legal procedures for persons who have completed serving a prison sentence as stipulated in Clause 1 of Article 10 of Decree No. 49/2020/NĐ-CP.

2. The Commune Public Security must provide individual or group counseling for persons who have completed serving a prison sentence and have been released from detention facilities to reside in the locality; guide and assist persons who have completed serving a prison sentence to complete registration of residence, registration of household, issuance of citizen identification cards, issuance of criminal record certificates, application for expungement of criminal records, and other necessary matters.

Article 18. Implementing vocational training and creating employment for individuals who have completed their criminal sentences

1. Annually, provincial police, district police, and commune police shall base on the situation of individuals who have completed their criminal sentences within their jurisdiction to proactively advise the People's Committees at all levels to direct, while coordinating with relevant departments, agencies, organizations, and individuals at the local level to implement:

a) Vocational training, job introduction for individuals who have completed their criminal sentences;

b) Mobilizing enterprises, organizations, and individuals engaged in production and business to provide loans and job introductions for individuals who have completed their criminal sentences;

c) Creating favorable conditions for enterprises, establishments, organizations, and individuals engaged in production and business to accept and assist in providing employment for individuals who have completed their criminal sentences.

2. Local police shall coordinate with the Social Policy Bank to implement loans for individuals who have completed their criminal sentences and those granted amnesty according to Decision No. 22/2023/QĐ-TTg dated August 17, 2023.

Article 19. Building community reintegration models

1. Based on specific characteristics, circumstances, and actual conditions, local police shall advise Party committees, authorities, and coordinate with relevant agencies, departments, and organizations in implementing and expanding community reintegration models.

2. The construction of community reintegration models should focus on linking with the nationwide movement to protect national security, and the mass mobilization work of the People's Public Security forces.

Chapter IV

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Circular takes effect from May 1, 2024.

2. In cases where the legal normative documents cited in this Circular are replaced, amended, supplemented, or abolished, they shall be implemented according to new documents.

Article 21. Responsibility for Implementation

1. Heads and Deputy Heads of Criminal Enforcement Management Agencies under the Ministry of Public Security, criminal enforcement agencies within the People's Public Security forces; Heads of subordinate units under the Ministry; Provincial Police Chiefs, Chief of Municipalities directly under the Central Government; District Police Chiefs; Commune Police Chiefs are responsible for implementing this Circular.

2. The Department of Custody and Community Correctional Enforcement has the responsibility to guide, monitor, inspect, review, and summarize the implementation of this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Department of Custody and Community Correctional Enforcement) for timely guidance./.