Circular No. 103/2021/TT-BCA on classifying prisoners' compliance with custodial sentences

CIRCULAR

Regulations on Classification of Prisoners' Compliance with Sentences of Imprisonment

Pursuant to the Criminal Enforcement Law 2019;

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

Pursuant to Decree No. 133/2020/NĐ-CP dated November 9, 2020, detailing the implementation of certain provisions of the Criminal Execution Law;

At the proposal of the Director of the Prison Management Police Department, the Compulsory Educational Institution Management Department, and the Rehabilitation School;

The Minister of Public Security issues this Circular on the classification of prisoners' compliance with sentences of imprisonment,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures, formalities, authority for reviewing and deciding on the classification of prisoners' compliance with sentences of imprisonment (hereinafter referred to as classification) for prisoners.

Article 2. Applicability

This Circular applies to prisoners currently serving sentences of imprisonment at detention centers, temporary detention centers, and holding houses within the People's Public Security (hereinafter referred to as places of prisoner detention); authorities and individuals with the authority to propose, review, and decide on the classification for prisoners, and other related agencies, organizations, and individuals.

Article 3. Principles for Classification of Prisoners

1. Ensuring the correct implementation of the principles of criminal execution as prescribed in Article 4 of the Criminal Execution Law.

2. Ensuring objectivity, fairness, transparency, democracy, and continuity;

3. Observations, evaluations, and classifications must be based on the attitude and results of fulfilling responsibilities and obligations of prisoners. Encouraging prisoners to recognize their crimes, repent, actively study, work, and pay fines and civil liabilities resulting from their criminal acts.

Article 4. Prohibited Actions in Classification of Prisoners

1. Classifying prisoners without meeting the conditions, procedures, formalities, and authority as prescribed.

2. Fabricating, falsifying records, invoices, documents, and materials related to the classification of prisoners; exploiting the classification process to infringe upon the legitimate rights and interests of prisoners or for other personal gains.

Article 5. Forms Used in Classification of Prisoners

Annexed to this Circular are 18 forms (XL01 to XL18) used in the classification of prisoners.

Chapter II

PROCEDURES AND FORMALITIES FOR CLASSIFICATION OF PRISONERS

Article 6. Content and Criteria for Observation, Evaluation, and Classification of Prisoners

1. The content and criteria for observing and evaluating the results of compliance with sentences of imprisonment and determining the level of classification for prisoners shall be based on the provisions set out in points a, b, c, d, đ, and e of Clause 1, Article 19 of Decree No. 133/2020/NĐ-CP dated November 9, 2020, detailing the implementation of certain provisions of the Criminal Execution Law (hereinafter referred to as Decree No. 133/2020/NĐ-CP).

2. Observations and evaluations for the current quarter must take into account the results of the previous quarter, if the conditions and criteria for upgrading the classification level are met, then the next quarter should be one level higher than the previous quarter, except in cases where significant achievements or outstanding performance in compliance with sentences of imprisonment are recognized.

Article 7. Excellent Classification

1. Prisoners classified as excellent must fully comply with the contents and criteria stipulated in Clause 2, Article 19 of Decree No. 133/2020/NĐ-CP.

2. For the criterion of quality and efficiency in labor, completing 100% of assigned work quotas and exceeding them or meeting deadlines as specified in point d, Clause 2, Article 19 of Decree No. 133/2020/NĐ-CP, and having outstanding achievements in competition movements as specified in point đ, Clause 2, Article 19 of Decree No. 133/2020/NĐ-CP, prisoners must be regularly evaluated and commended in team meetings or achieve awards and prizes in competitions or have commendation decisions.

Article 8. Regular Classification as Excellent

1. Weekly Classification: Convicts have all days of the week observed and evaluated with good compliance with the prison sentence.

2. Monthly Classification

a) All weeks in the month are classified as excellent;

b) At least two weeks are classified as excellent (for months with four weeks), three weeks are classified as excellent (for months with five weeks), with the last week of the month being classified as excellent, and the remaining weeks are classified as fairly good;

c) For new convicts who have been eligible for classification for three weeks, all three weeks must be classified as excellent, or two weeks must be classified as excellent, with the last week being classified as excellent and one week classified as fairly good.

3. Quarterly Classification

a) All three months in the quarter are classified as excellent;

b) Two months are classified as excellent, with the last month of the quarter being classified as excellent, and one month is classified as fairly good (without any week classified as average);

c) For new convicts who have been eligible for classification for two months, both months must be classified as excellent, or the first month is classified as fairly good (without any week classified as average), and the last month is classified as excellent (all three months are classified as excellent).

4. Semi-annual Classification

a) Both quarters are classified as excellent;

b) The first quarter is classified as fairly good (without any week or month classified as average), the second quarter is classified as excellent but there must be at least three months classified as excellent within the six months;

c) For new convicts who have been eligible for classification for four months, the first month is classified as excellent, the second quarter is classified as excellent, or the first month is classified as fairly good (without any week classified as average), the second quarter is classified as excellent (all three months are classified as excellent).

5. Annual Classification

a) The first six months and the last six months of the year are both classified as excellent;

b) The first six months are classified as fairly good (without any month classified as average), the third and fourth quarters are classified as excellent but there must be at least six months classified as excellent within the year.

6. Convicts with prior offenses that have not yet been expunged must undergo additional monitoring and probation periods. If they have one prior offense, they must wait for the first quarter, two prior offenses require waiting for the first two quarters, and those with three or more prior offenses must wait for the first four quarters before being eligible for classification as excellent (except in cases of meritorious service).

Article 9. Classification as Fairly Good

1. Convicts are classified as fairly good when they fully meet the criteria specified in Clause 3, Article 19 of Decree No. 133/2020/NĐ-CP.

2. Convicts who have not met or have not consistently met the criteria of exceeding labor quotas or work progress specified in Point c, Clause 3, Article 19 of Decree No. 133/2020/NĐ-CP are considered to be those who have not been or have not consistently been recognized before the convict community; if the criteria are exempted or mitigated due to participation in labor and study as specified in Point c, Clause 3, Article 19 of Decree No. 133/2020/NĐ-CP, then a written request from the Head of the Health and Environmental Protection Team or health staff (for prisons without a Health and Environmental Protection Team Head), from the Medical Ward Chief or health staff (for detention centers and temporary holding facilities without a Medical Ward Chief), or from the custodian (for temporary holding facilities without health staff) must be obtained and confirmed by the Head of the Convict Detention Facility.

3. In cases where convicts have not remedied or have only partially remedied civil liabilities resulting from their criminal acts as specified in Point d, Clause 3, Article 19 of Decree No. 133/2020/NĐ-CP:

a) Homeless convicts are those without relatives, including: Grandfathers, grandmothers, fathers, mothers, maternal uncles, maternal aunts, paternal uncles, paternal aunts, brothers, sisters, sisters-in-law, brothers-in-law, nieces, nephews, adopted children, wives, husbands, daughters, daughters-in-law, sons-in-law, adopted children. Convicts write a statement describing their circumstances and send it to the nearest relative to request confirmation from the People's Committee of the commune where the convict resides that they have no relatives. If, within three months from the date of admission to the detention facility, the convict cannot contact any relatives, they write a statement describing their circumstances, commit to continuing to fulfill their obligations after completing their sentence, and obtain confirmation from the Head of the Convict Detention Facility, they will be considered to be actively remedying the consequences.

b) In cases where convicts have relatives but no fixed residence, cannot identify relatives, or are ethnic minorities living in remote, border, or island areas with particularly difficult economic and social conditions, if within three months from the date of admission to the detention facility, the convict cannot contact any relatives, they write a statement describing their circumstances, commit to continuing to fulfill their obligations after completing their sentence, and obtain confirmation from the Head of the Convict Detention Facility. If they later contact relatives who have economic means, they are educated to contact relatives to request assistance in remedying the consequences. If the family has particularly difficult economic conditions and cannot provide assistance, the convict must submit a statement as required under Point d, Clause 3 of this Article.

c) In cases where convicts have circumstances as specified in Points a and b, Clause 3 of this Article during the execution of their sentences, they write a statement describing their circumstances, commit to continuing to fulfill their obligations after completing their sentence, and obtain confirmation from the Head of the Convict Detention Facility. Convicts specified in Points a, b, and c, Clause 3 of this Article who have savings, awards, or results from labor participation, if they voluntarily contribute to remedy the consequences, will be considered to be actively remedying the consequences, except in cases where the convict is ill, injured, undergoing treatment, care; is a war veteran, disabled veteran; has disabilities or physical or mental weaknesses; pregnant women, on maternity leave; have young children living in the prison; elderly men over 70 years old, women over 65 years old, or convicts frequently ill or suffering from chronic diseases.

d) Offenders who have not yet remedied or have only partially remedied civil liability but have particularly difficult economic circumstances for their families, lacking the ability to remedy, are cases where the offender and family have no income or have income only sufficient to ensure minimum living standards, without assets available for enforcement or with assets whose value is only sufficient to cover enforcement costs or assets that according to the law cannot be seized or disposed of for enforcement purposes, or due to natural disasters, fires, accidents, epidemics, or other force majeure events leading to reduced or lost income, loss of all or most of the assets, resulting in inability to ensure or only barely ensuring minimum living standards, or having parents, spouse, children, or family members responsible for support suffering from serious illnesses, accidents, chronic illness, or disabilities leading to family income only ensuring minimum living standards, or being classified as poor households or near-poor households according to government regulations. Offenders with such circumstances must write a truthful statement about their family's economic situation, contact information, and submit it to relatives for confirmation by the People's Committee of the commune where they reside or the agency or unit where they work or study. At the same time, offenders must write a commitment to remedy after completing their prison sentence, confirmed by the head of the detention facility. Offenders who have a statement of particularly difficult family economic circumstances but who or their relatives have money or assets and conditions to remedy the consequences, if they do not voluntarily implement them, shall not be considered as actively remedying the consequences.

Offenders who have a statement of particularly difficult family economic circumstances or have remedied at least half of civil liability but have a total amount deposited in escrow for three consecutive months more than three times the monthly food allowance provided by the state for offenders, must voluntarily withdraw the excess amount to pay for civil liability. If they do not implement this, they shall not be considered as actively remedying the consequences, except for offenders who are ill or injured and undergoing treatment or care; war invalids or disabled veterans; those with physical or mental disabilities; pregnant women or on maternity leave; have young children living together in prison; elderly men aged 70 or older, women aged 65 or older, or offenders who are frequently ill or sick. In cases where the remaining amount or assets to be enforced are not large, offenders should be educated to commit to withdrawing escrow funds appropriately to quickly complete civil liabilities. If they do not implement this, they shall not be considered as actively remedying the consequences.

đ) The commitment letter and statement of particularly difficult family economic circumstances mentioned in points a, b, c, and d of Clause 3 of this Article must be written once every three years, starting from the date the detention facility receives the statement or according to the postmark if sent by mail. In cases where the statement of particularly difficult family economic circumstances expires during the implementation of measures to prevent and control natural disasters, epidemics, or other force majeure events announced by competent state agencies, relatives of the offender do not need to request new confirmation, then the statement will continue to apply until the end of the implementation of these measures.

e) Offenders who have remedied at least half of civil liability, with invoices and certificates, and the civil enforcement agency has issued a document confirming the enforcement results, must write a commitment to remedy after completing their prison sentence, confirmed by the head of the detention facility, to be considered as actively remedying the consequences. If it is discovered that the offender has money or assets and the conditions to enforce, but does not voluntarily submit them for enforcement, they shall not be considered as actively remedying the consequences.

g) In cases where offenders, relatives, or legal representatives of offenders have difficult circumstances and must remedy consequences in multiple installments, each installment must have invoices, certificates, or confirmation from the civil enforcement agency handling the case or the People's Committee of the commune confirming each implementation. If at least half of civil liability has been paid, it shall be implemented according to the provisions of point e of Clause 3 of this Article.

h) Offenders with difficult economic circumstances using escrow funds or their own legitimate sources of money to voluntarily pay in multiple installments, or relatives or legal representatives of offenders requesting payment in multiple installments at the detention facility, must write a commitment, and relatives of the offender must write a commitment letter clearly stating the amount of each payment, the payment deadline, while ensuring that the total value paid each year must be at least equal to the total value still to be executed divided by the number of years of the offender's sentence (for life sentences, divided by thirty years), confirmed by the head of the detention facility. Only when the agreed-upon payments are fully made according to each installment will the offender be considered as actively remedying the consequences. If the commitments are not fulfilled, they shall not be considered as actively remedying the consequences. If at least half of civil liability has been paid, it shall be implemented according to the provisions of point e of Clause 3 of this Article.

i) Offenders with a decision from the civil enforcement agency handling the case determining that there are no conditions to enforce the judgment or fulfill civil responsibilities must write a commitment to remedy after completing their prison sentence, confirmed by the head of the detention facility.

Article 10. Regularly classified as good

1. Weekly classification: Prisoners have all days of the week observed and evaluated with satisfactory results in serving their prison sentences.

2. Monthly Classification

a) All weeks in the month are classified as good;

b) One week is classified as excellent (for months with four weeks), two weeks are classified as excellent (for months with five weeks), the remaining weeks are classified as good;

c) The last week of the month is classified as good, the remaining weeks are classified as excellent or good;

d) At least two weeks are classified as good or better (for months with four weeks), three weeks are classified as good or better (for months with five weeks), the remaining weeks are classified as average, with the last week of the month being classified as good or better;

đ) For prisoners who have been eligible for classification for three weeks, all three weeks must be classified as good, or one week as excellent and two weeks as good, or the first two weeks as excellent and the last week as good, or one week as average and two weeks as good or better, with the last week of the month being classified as good or better;

3. Quarterly Classification

a) All three months in the quarter are classified as good;

b) One month is classified as excellent, the remaining two months are classified as good;

c) The first two months of the quarter are classified as excellent, the last month of the quarter is classified as good;

d) Two months are classified as good or better, including the last month of the quarter being classified as good or better, one month is classified as average (with no weeks classified as poor);

đ) For prisoners who have been eligible for classification for two months, the first month is classified as good or excellent, the second month is classified as good, or the first month is classified as average (with no weeks classified as poor), the second month is classified as good or better (with no weeks or months classified as average);

4. Semi-annual Classification

a) Both quarters are classified as good;

b) The first quarter is classified as good, the second quarter is classified as excellent but does not have at least three months classified as excellent within those six months;

c) The first quarter is classified as excellent but the second quarter is classified as good;

d) The first quarter is classified as average (with no weeks or months classified as poor), the second quarter is classified as good or better but within those six months, there must be at least three months classified as good or excellent;

đ) For prisoners who have been eligible for classification for four months, the first month is classified as good or better, the second quarter is classified as good, or the first month is classified as average (with no weeks classified as poor), the second quarter is classified as good or better (with no weeks or months classified as average);

5. Annual Classification

a) The first six months of the year and the last six months of the year are both classified as good;

b) The first six months of the year are classified as good, the third and fourth quarters are classified as excellent but within that year, there are not enough six months classified as excellent;

c) The first six months of the year are classified as excellent, the last six months of the year are classified as good;

d) The first six months of the year and the third quarter are classified as good, the fourth quarter is classified as excellent;

đ) The first six months of the year are classified as average (with no months classified as poor), the third and fourth quarters are classified as good or better but within that year, there must be at least six months classified as good or excellent;

e) The first quarter is classified as average (with one month classified as poor), the second, third, and fourth quarters are classified as good or better but within that year, there must be at least seven months classified as good or excellent;

Article 11. Classified as Average

1. Prisoners are classified as average when they fall under one of the circumstances specified in Clause 4, Article 19 of Decree No. 133/2020/NĐ-CP.

2. Prisoners meet all criteria for classification but have not yet completed their civil responsibilities and do not fall under one of the circumstances considered to be actively remedying consequences as stipulated in Clause 3, Article 9 of this Circular.

Article 12. Average Classification Period

1. Weekly classification: Convicts have all days of the week observed and evaluated for average compliance with imprisonment sentences.

2. Monthly Classification

a) All weeks in the month are classified as average;

b) One week (for months with four weeks), two weeks (for months with five weeks) are classified as good or better, the remaining weeks are classified as average;

c) The last week of the month is classified as average, the remaining weeks are classified as good or better;

d) There is a first week classified as poor, the following weeks are classified as average or better;

đ) There are two initial weeks of the month classified as poor due to not being recognized as having made progress in reform, the remaining weeks are classified as average;

e) For convicts who have been eligible for classification for three weeks, all three weeks are classified as average or one week is classified as good or better, the remaining two weeks are classified as average or the last week of the month is classified as average, the remaining two weeks are classified as good or better or two weeks are classified as average or better, among which the last week of the month must be classified as average or better, and one remaining week is classified as poor;

g) Convicts who have been disciplined or repeatedly violated the regulations of the detention facility and were placed in solitary confinement but have been recognized as making progress in reform, then at least two consecutive months immediately adjacent to the month containing the date of the decision recognizing progress in reform are classified as average.

3. Quarterly Classification

a) All three months in the quarter are classified as average;

b) One month is classified as good or better, the remaining two months are classified as average;

c) The first two months are classified as good or better, the last month of the quarter is classified as average;

d) The first month is classified as poor, the following two months are classified as average or better (without any week classified as poor);

đ) For convicts who have been eligible for classification for two months, the first month is classified as average or better, the second month is classified as average;

e) Convicts who have completed the temporary suspension period of sentence execution but are not present at the detention facility within the specified time limit to continue executing the sentence without a valid reason, then the first quarter upon resuming sentence execution is classified as average.

4. Semi-annual Classification

a) Both quarters are classified as average;

b) The first quarter is classified as good or better, the second quarter is classified as average;

c) The first quarter is classified as average (including weeks or months classified as poor), the second quarter is classified as good or better;

d) The first quarter is classified as poor, the second quarter is classified as average or better (without any month classified as poor);

đ) For convicts who have been eligible for classification for four months, the first month is classified as average or better, the second quarter is classified as average (without any month classified as poor) or the first month is classified as average, the second quarter is classified as good or better (with weeks or months classified as average) or the first month is classified as poor, the second quarter is classified as average or better (without any month classified as poor).

5. Annual Classification

a) The first six months and the last six months of the year are both classified as average;

b) The first six months are classified as good or better, the last six months are classified as average;

c) The first six months are classified as average (including months classified as poor), the last six months are classified as good or better;

d) The first six months are classified as poor, the last six months are classified as average or better (without any month classified as poor).

Article 13. Poor Classification

1. Convicts are classified as poor when they fall under one of the cases stipulated in Clause 5, Article 19 of Decree No. 133/2020/NĐ-CP.

2. Convicts who are subject to disciplinary action are classified as poor until they are recognized as having made progress in reform. Convicts who are placed in solitary confinement due to repeated violations of the regulations of the detention facility are classified as poor during the period of solitary confinement and until they are recognized as having made progress in reform.

3. Convicts who commit a new crime during the execution of their sentence, if they are removed from the detention facility, will be classified as poor for four quarters after returning to serve the sentence; if they are not removed, they will be classified as poor from the day the criminal case is initiated until the detention facility receives the effective judgment and for four quarters after receiving the effective judgment.

4. Convicts who fail to report to the competent authority regarding crimes discovered, criminal cases resolved, or actions committed before the execution of the sentence and tried by another judgment, will be classified as poor for two quarters after returning to serve the sentence or after the detention facility receives the effective judgment (if they are not removed).

5. During the temporary suspension of sentence execution, if they commit a new crime, escape, or violate the law causing adverse effects on public security and social order, and the court decides to revoke the temporary suspension and return them to serve the sentence, they will be classified as poor for two quarters after returning to serve the sentence.

6. In cases where convicts are conditionally released early but are ordered by the court to return to the detention facility to continue serving the remaining part of the sentence, they will be classified as poor for two quarters after returning to serve the sentence. If a convict conditionally released early commits a new crime during the probation period, they will be classified as poor for the first four quarters after returning to serve the sentence.

7. In cases where a convict sentenced to imprisonment is granted release on parole, suspended sentence execution, and has a decision to enforce the sentence but escapes, is wanted, arrested, and returned to serve the sentence, the first quarter of sentence execution will be classified as poor.

Article 14. Classification for prisoners extracted; prisoners violating internal regulations of detention centers, temporary detention facilities who are subject to disciplinary action; prisoners committing crimes before or during the period of detention or temporary detention

1. Prisoners extracted to participate in proceedings or to serve investigation, prosecution, trial in cases related to them (not being defendants or accused in those cases) or to serve operational work of the Public Security force shall be classified according to their performance of serving custodial sentences during the extraction period based on observations, evaluations, previous classification results before extraction, and relevant documents on classification (if available), in accordance with this Circular; the results of monthly, quarterly, six-monthly, and annual classifications, the six-monthly and annual self-assessments of prisoners' compliance with custodial sentences, and relevant classification documents shall be sent to the place of detention for prisoner file retention. In cases where prisoners are extracted along with their files, the temporary detention facility or the county-level criminal enforcement agency retains the prisoner's file.

2. The classification for prisoners extracted who are accused or defendants in cases shall be carried out prior to or during the execution of custodial sentences or re-investigation, prosecution, and retrial of the custodial sentence currently being served.

a) In cases where prisoners are extracted from places of detention without their original files, the temporary detention facility or the county-level criminal enforcement agency managing the prisoners shall observe and evaluate their compliance with detention center internal regulations every quarter and send these evaluations to the place of detention for prisoner file retention. If prisoners are extracted with their files, the temporary detention facility or the county-level criminal enforcement agency managing the prisoners retains the prisoner's file. Upon receiving extracted prisoners back or delivering them to serve sentences, evaluations of compliance with detention center internal regulations and relevant documents during the extraction period shall be used to continue observing, evaluating, and classifying the prisoners according to this Circular.

b) In cases where prisoners are not extracted from places of detention, from the date of receiving the decision to initiate criminal proceedings against them until the effective date of the judgment, they shall be classified according to this Circular. If prisoners report to competent state agencies about their criminal acts discovered during the handling of criminal cases or at detention centers before the execution of custodial sentences, such reports may be considered in their classification but they cannot be classified as good if they do not report their criminal acts. If they commit new crimes during the execution of custodial sentences, they shall be classified as poor during that time.

c) Prisoners under investigation, prosecution, or retrial of their custodial sentences, if the court decides to annul the previous judgment and issue a new one, the classification results according to the old judgment shall be preserved.

3. In the six months prior to receiving prisoners to serve custodial sentences, if they violate the internal regulations of detention centers, temporary detention facilities and are subject to disciplinary action, then the first quarter of serving custodial sentences shall not be classified as good or better.

4. Prisoners who commit crimes during the period of pre-trial detention, temporary detention, or while released on bail, granted surety, placed under monetary guarantee, restricted from leaving their residence, or temporarily suspended from departure, and are subsequently tried and sentenced by another judgment, shall be classified as poor for the first two quarters of serving custodial sentences.

5. In cases where prisoners do not report to competent state agencies about their criminal acts discovered during the handling of criminal cases or at detention centers before the period of pre-trial detention, temporary detention, or release on bail, granted surety, placed under monetary guarantee, restricted from leaving their residence, or temporarily suspended from departure, and are subsequently tried and sentenced by another judgment, they shall be classified as poor for the first two quarters of serving custodial sentences.

Article 15. Classification in cases of meritorious service

1. Prisoners who perform meritorious service by rescuing people, property valued at VND 20,000,000 (twenty million dong) or more belonging to the State, organizations, or citizens during natural disasters, fires, accidents; providing information sources that help prison facilities discover and prevent plots to undermine, escape from detention places, capture escaped prisoners, prevent new crimes committed by prisoners during their imprisonment period, prevent acts of sabotage; assisting state agencies responsible for discovering, investigating, apprehending, and handling criminal offenses, which have been confirmed by the Warden of the Detention Center, the Warden of the Temporary Detention Center under the Ministry of Public Security, the Head of the Criminal Enforcement Agency of the provincial public security agency, and the Head of the Investigation Agency through written recommendations and decisions on rewarding meritorious service, shall have their annual classification periods adjusted to be raised by one level.

2. Prisoners who rescue people in dangerous situations, property valued at VND 50,000,000 (fifty million dong) or more belonging to the State, organizations, or citizens; perform significant meritorious services, or multiple meritorious services, shall have their annual classification periods adjusted to be raised by two levels. If they are classified as good during the year, they will be raised to excellent.

3. Prisoners performing meritorious services as stipulated in Clauses 1 and 2 of this Article, if they are already classified as excellent during the year, the meritorious service factor will be considered for classification in the following year. New prisoners who perform meritorious services within six months of starting their sentence will have their classification for the last six months of the year and the first six months of the following year immediately raised. If they do not meet the six-month classification period, their classification will be raised from the date of performing meritorious service and throughout the following year. In cases where they are subsequently disciplined or commit new crimes, they will not have their classification raised.

Article 16. Procedures and formalities for prisoner classification

1. Six-month and annual classifications, prisoners must write a Summary of Sentence Execution (the content of the summary is based on the criteria specified in Clause 1 of Article 19 of Decree No. 133/2020/NĐ-CP), stating their future goals and self-assessing their execution of the sentence. Prisoners who cannot write due to illiteracy or disability, old age, or weakness, may ask another prisoner to write on their behalf, then read it back to them, sign or mark their name on the summary, with confirmation from the team (group) warden. Foreign prisoners who do not know Vietnamese, the warden requires them to write the summary in English or their native language. The Detention Center translates the summary into Vietnamese, with the signature of the translator and confirmation from the Detention Center Warden.

In cases where prisoners do not meet the six-month classification period, they still need to write a summary and have comments and evaluations from the warden and confirmation from the Head of the Detention Facility regarding their attitude and results of sentence execution. If they meet the weekly, monthly, or quarterly classification period, they will be classified according to the provisions of this Circular.

2. In all meetings for evaluation, assessment, and voting on prisoner classification, the warden must preside over each prisoner's self-evaluation of their sentence execution process; at six-month and annual meetings, each prisoner must read their own summary. At these meetings, the prisoner team (group) provides opinions, then votes by raising hands, with at least two-thirds of the prisoners present agreeing. Based on the team (group) meeting, the warden reviews and compiles a list of classifications for prisoners and proposes it to the Sub-committee and the Sentence Execution Classification Committee for review and decision.

3. Team (group) prisoner meetings

a) Every Friday, the prisoner team (group) meets to evaluate and assess the weekly classification results. Based on the weekly evaluation and classification results of the team (group), the team (group) warden reviews and classifies each prisoner weekly, records it in the tracking book, and informs the prisoner.

b) On the 25th of each month, the prisoner team (group) meets to evaluate and assess the monthly classification for each prisoner. For detention centers, based on the monthly evaluation and classification results of the team (group), the team (group) warden reviews and compiles a list of monthly classifications for prisoners, transfers it to the Sub-committee Classification Execution Warden's secretary for review, consolidation, reporting, and proposal to the Sub-committee Classification Execution Warden for approval, signature, and stamp confirmation of the monthly classification list for prisoners by team (group). Meeting minutes and monthly classification lists of each team (group) approved and stored in the Education Unit of the detention center.

For temporary detention centers, the team (group) warden reviews and compiles a list of proposed monthly classifications for prisoners, transfers it to the Council Classification Secretary for reporting and proposal to the Deputy Warden in charge of prisoner management for approval, signature, and stamp confirmation of the monthly classification list for prisoners by team (group). Meeting minutes and monthly classification lists of each team (group) approved and stored in the Planning and Logistics Team.

For holding facilities, the team (group) warden reviews and compiles a list of proposed monthly classifications for prisoners, reports to the Deputy Head of the Criminal Enforcement Agency of the county-level public security agency, who serves as the Vice-Chairman of the Sentence Execution Classification Committee, for approval, signature, and stamp confirmation of the monthly classification list for prisoners.

The team (group) warden retains the meeting minutes and monthly classification list of the team (group) they oversee, publicly informing the prisoners.

c) On February 25th, the prisoner team (group) meets to evaluate and assess the results of the first quarter sentence execution classification.

d) On May 25th, the prisoner team (group) meets to evaluate and assess the results of the second quarter and the first six months of the year.

đ) On August 25th, the prisoner team (group) meets to evaluate and assess the results of the third quarter.

e) On November 25th, the prisoner team (group) meets to evaluate and assess the results of the fourth quarter, the last six months of the year, and the full year.

g) Meetings to review and evaluate the classification of prisoner teams (groups) must be recorded in minutes. In cases where the 25th day of the month specified in points b, c, d, đ, e of Clause 3 of this Article does not coincide with the last Friday of the month, such meetings shall be held on the last Friday of that month together with the weekly classification meeting. The results of the weekly classification will be included in the monthly or quarterly, six-monthly, and annual classifications and consolidated into a single record.

Example 1: If May 25, 2022 falls on a Wednesday, the meeting for the prisoner team (group) to review and classify the week, month of May, Quarter II, and the first half of the year 2022 should be moved to Friday, May 27, 2022.

Example 2: If June 25, 2022 falls on a Saturday, the meeting for the prisoner team (group) to review and classify the week and month of June 2022 should be moved to Friday, June 24, 2022.

h) In cases where the last Friday of the month is a public holiday or festival, the prisoner team (group) meeting shall be held on the nearest working day thereafter. If during those holidays, prisoners perform meritorious acts or are subject to disciplinary action, commit new crimes, their classification for the week, month, quarter, six months, or year shall be immediately reviewed and adjusted accordingly.

4. Classification Subcommittee of the Detention Facility

a) Each detention facility shall establish a Classification Subcommittee for prisoners, headed by the Deputy Warden directly responsible for the facility or the Head of the facility (if there is no Deputy Warden directly responsible for the facility). Members include: the Head of the facility (if there is a Deputy Warden directly responsible for the facility), Deputy Head of the facility, Deputy Team Leader or staff member (for facilities without a Deputy Team Leader) in charge of surveillance, Security Guards, duty staff, medical personnel, prison officers responsible for the prisoner team (group), Platoon Leader of Security Guards, labor monitoring staff member, and Deputy Team Leader or education staff member (for facilities without a Deputy Team Leader) serving as secretary members.

b) The Classification Subcommittee meets to review and propose quarterly, six-monthly, and annual classifications for prisoners in the facility. Within three working days of receiving reports and proposals from prison officers, the Subcommittee must convene to review and propose classifications for prisoners. When reviewing a particular prisoner team (group), the prison officer responsible for that team (group) shall report on the situation of the team (group), the list of proposed classifications for prisoners, explain issues raised by meeting participants, then vote and ensure at least two-thirds of Subcommittee members agree.

c) After reviewing and classifying prisoners, the Subcommittee completes the file and list to submit to the Classification Committee of the prison. Monthly classification lists for each prisoner team (group); Subcommittee meeting records, along with quarterly, six-monthly, and annual classification lists for prisoner teams (groups) and related documents are kept in the education unit of the detention facility.

Article 17. Classification Committee for Execution of Sentences

1. Prisons shall establish a Classification Committee for Execution of Sentences for prisoners, chaired by the Warden, with the Deputy Warden responsible for educational work and files serving as Vice-Chairman, and members including: the Deputy Warden responsible for management and detention, the Deputy Warden responsible for labor production and vocational training, the Deputy Warden responsible for detention facilities (if applicable), the Head of the detention facility, and the Team Leaders of the following teams: Security Guards, Surveillance, Mobile Security Guards, Vocational Training Planning and Construction, Health and Environmental Protection, and Education and File Management Teams serving as Secretary members.

a) The Classification Committee for Execution of Sentences for prisoners in prisons shall meet to review and propose quarterly, six-monthly, and annual classifications. Within five working days of receiving reports and proposals from the Classification Subcommittee, the Committee must convene to review and propose classifications for prisoners. When reviewing a specific detention facility, the Deputy Warden responsible for that facility or the Head of the facility shall report on the list of proposed classifications for prisoners in that facility and explain issues raised by meeting participants. The Committee conducts voting through statements of opinion and must achieve at least two-thirds agreement among Committee members.

b) Based on the results of the Committee meeting, the Warden approves and signs the decision on classifications for prisoners. For prisons with two or more detention facilities, the Warden may delegate by written authorization to the Deputy Warden responsible for educational work and files to approve and sign decisions on classifications for individual prisoners.

2. Classification Committee for Execution of Sentences for prisoners in temporary detention centers and criminal enforcement agencies of county-level public security organs

a) The Classification Committee for Execution of Sentences for prisoners in temporary detention centers shall be chaired by the Warden, with the Deputy Warden responsible for managing prisoners serving as Vice-Chairman, and members including: Deputy Wardens, Heads of prisoner management facilities, Team Leaders of facility security guards, Medical Director, Platoon Leader of Security Guards, education staff, file management staff, surveillance staff, and Platoon Leader of Logistics and Support serving as Secretary members. The review and classification process follows the procedure for prisoners in prisons.

b) The Classification Committee for Execution of Sentences for prisoners in holding centers shall be chaired by the Head of the criminal enforcement agency of the county-level public security organ, with the Deputy Head of the criminal enforcement agency serving as Vice-Chairman, and members including direct managers of prisoners, and the Platoon Leader of Criminal Enforcement and Judicial Assistance serving as Secretary members. The review and classification process follows the procedure for prisoners in prisons.

3. During the period awaiting the Subcommittee and Committee meetings to review and classify, if prisoners perform meritorious acts or are subject to disciplinary action, commit new crimes, their classifications for the quarter, six months, or year shall be immediately reviewed and adjusted accordingly.

4. In cases where prisoners appeal against their classification, within five working days of receiving the appeal, the Head of the detention facility must provide a written response to the prisoner.

5. Within thirty days from the date of signing the decision on classification for prisoners, if there is evidence that the classification result does not comply with the provisions of the law, the Chairman of the Classification Council of the place of detention shall organize a meeting, the secretary member of the Council shall report and explain the contents, causes, and propose a new classification for the prisoner. The Council shall discuss and vote; if more than half of the members of the Council agree, then the old classification decision shall be canceled and a new classification decision shall be made for the prisoner. Based on the results of the Council's meeting, the head of the place of detention shall approve and sign the decision to cancel the old classification decision and make a new classification decision for the prisoner. The decision to cancel the old classification decision and the new classification decision must be publicly announced to the prisoner.

6. In cases where acts of distorting, forging family economic hardship statements, poverty household statements, near-poor household statements, or documents, invoices, and certificates regarding the fulfillment of civil responsibilities are discovered, the Chairman of the Classification Council shall convene a meeting of the Council to examine and cancel all classification results applied according to such statements, documents, invoices, or certificates, and reclassify the prisoner according to the provisions of this Circular.

Article 18. Announcing the Results of Classification for Serving Prison Sentences

After completing the quarterly, six-monthly, and annual classifications for prisoners, the head of the place of detention shall be responsible for:

1. Publicly announcing the classification results to the prisoner.

2. Informing the prisoner’s relatives or their lawful representatives about the situation of serving the prison sentence and the classification results for the first six months, last six months, and the full year.

3. Prisons and temporary detention centers under the Ministry of Public Security shall send consolidated reports on the quarterly and semi-annual classification results for the first quarter and third quarter, the first six months, and the full year to the Department of Prison Management, Compulsory Education Institutions, and Rehabilitation Schools (through the Educational Reform Work Office). Temporary detention centers and holding houses under provincial public security organs shall send reports to the criminal enforcement agencies at the provincial level for consolidation and submission to the Department of Prison Management, Compulsory Education Institutions, and Rehabilitation Schools.

Article 19. Managing and Storing Classification Results for Prisoners

1. Decisions of the head of the place of detention on the classification of each prisoner quarterly, first six months, last six months, and annually;

2. Self-assessment reports of prisoners for the first six months and the full year. For prisoners who have not been classified due to insufficient time, there must be comments, evaluations, and confirmation of the results and attitude towards serving the prison sentence. In cases where the person serving the sentence is in a temporary detention center or holding house awaiting transfer to serve the sentence, there must be a report on compliance with the rules of the temporary detention center or holding house;

3. Decisions to exempt or reduce fines, court fees; decisions of the head of the civil enforcement agency to suspend or terminate civil enforcement proceedings; related invoices, certificates, documents, and materials concerning the execution of supplementary penalties such as fines, compensation for damages, court fees, or other civil obligations;

4. Commitment letters to remedy consequences caused by criminal acts; statements of family economic hardship, poverty households, near-poor households, or confirmation letters stating that there are no longer any relatives of the prisoner;

5. Decisions recognizing progress in disciplinary violations by prisoners, recognition of progress ahead of schedule, extension of the recognition period, accompanied by self-assessment reports of prisoners confirmed by wardens;

6. Decisions rewarding prisoners for achievements during the process of serving the prison sentence or for meritorious service;

7. Certificates of health status by the Head of the Medical and Environmental Protection Team or the Medical Officer-in-Charge or medical staff (for holding houses or temporary detention centers without a Medical Officer-in-Charge), medical records, and related documents concerning illness or disease of the prisoner;

8. Complaints by prisoners regarding the classification results and replies to complaints by the head of the place of detention;

9. Decisions to cancel the classification decision for serving the prison sentence; new classification decisions for serving the prison sentence for prisoners;

10. Other relevant documents concerning the classification of prisoners;

11. Meeting minutes of the Sub-Committee, Classification Council, along with the classification lists for each quarter, six months, and annually for each team (group) of prisoners, stored by the Education Team for prisons; by the Logistics Team for temporary detention centers; and by the Criminal Enforcement Police Team for county-level public security agencies.

Chapter III

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Circular takes effect from December 16, 2021, and replaces Circular No. 06/2018/TT-BCA dated February 12, 2018, issued by the Minister of Public Security on standards for commendation in serving prison sentences and classifying prisoners (hereinafter referred to as Circular No. 06/2018/TT-BCA).

2. Forms PT13, PT14, PT15, PT16, PT17, PT18, PT19, PT20, PT21, PT22, PT23, PT24, PT25, PT26, PT27, PT28, PT64, PT83 prescribed in point a, Clause 1, Article 3 of Circular No. 12/2020/TT-BCA dated February 7, 2020, issued by the Minister of Public Security on forms and ledgers for the implementation of prison sentences, judicial measures for placement in rehabilitation schools, and monitoring and managing persons at facilities no longer in use shall cease to be valid from the date this Circular takes effect.

Article 21. Transitional Provisions

1. For family economic hardship statements and commitment letters to remedy consequences according to Circular No. 06/2018/TT-BCA which have not yet expired three years before the effective date of this Circular, they shall continue to be applied until the end of those three-year periods.

2. In cases of complaints or denunciations regarding the classification of prisoners according to Circular No. 06/2018/TT-BCA up to the effective date of this Circular and not yet resolved or still pending complaints or denunciations, the provisions of Circular No. 06/2018/TT-BCA shall be applied for resolution.

Article 22. Responsibility for enforcement

1. Directors of Departments, Heads of Units under the Ministry, Directors of Public Security Departments of centrally-administered cities and provinces, Heads of places of detention for prisoners, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Director of the Prison Management Police Department shall be responsible for assisting the Minister in supervising, guiding, inspecting, urging, and implementing this Circular. The head of the detention facility shall be legally responsible for classifying prisoners. During the implementation of this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Prison Management Police Department) for timely guidance.

During the implementation of this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Prison Management Police Department) for timely guidance./.