Decree No. 117/2011/NĐ-CP stipulates the organization of prisoner management and the food, clothing, accommodation, daily activities, and medical care for prisoners.

 DECREE

REGULATIONS ON THE ORGANIZATION OF PRISONER MANAGEMENT AND THE SYSTEM OF DIET, CLOTHING, LODGING, CULTURAL ACTIVITIES, SPORTS, AND HEALTH CARE FOR PRISONERS

THE GOVERNMENT

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

Based on the Criminal Enforcement Law 2010;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization of prisoner management and the system of diet, clothing, lodging, cultural activities, sports, and health care (collectively referred to as the system) for prisoners; funding to ensure prisoner management and the implementation of the system for prisoners.

Article 2. Applicability

This Decree applies to prisoners at detention centers, prisoner management units within temporary detention centers, prisoners serving at police holding facilities under the Ministry of Public Security and the Ministry of National Defense; relevant agencies and organizations involved in organizing prisoner management and ensuring the system for prisoners.

Article 3. Funding to ensure prisoner management and the implementation of systems for prisoners

1. Funding to ensure investment, construction of material infrastructure, procurement of equipment and means of service for organizing prisoner management and implementing the system for prisoners shall be provided from the state budget.

2. Detention centers, temporary detention centers, criminal enforcement agencies of provincial public security departments, criminal enforcement agencies of district public security departments, criminal enforcement agencies of military regions may accept financial support from domestic organizations and individuals to assist in investing in material infrastructure and implementing the system for prisoners.

PART II
ORGANIZATION OF PRISONER MANAGEMENT

Article 4. Organization of detention center management

1. The Minister of Public Security is responsible for managing the organizational structure, staffing, and operations of detention centers; deciding on the establishment, dissolution, merger, management of detention centers, and sub-detention centers within detention centers; constructing projects of detention centers, installing security control systems of detention centers under the management of the Ministry of Public Security.

2. The Minister of National Defense is responsible for managing the organizational structure, staffing, and operations of detention centers; deciding on the establishment, dissolution, merger, management of detention centers, and sub-detention centers within detention centers; constructing projects of detention centers, installing security control systems of detention centers under the management of the Ministry of National Defense.

Article 5. Scale of prisoner detention in detention centers

1. The scale of prisoner detention in each detention center managed by the Ministry of Public Security ranges from 2,000 to 5,000 prisoners. In special cases, it is decided by the Minister of Public Security.

Each detention center is established with several sub-detention centers, each sub-detention center managing up to 1,000 prisoners.

2. The scale of prisoner detention in each detention center managed by the Ministry of National Defense is up to 500 prisoners.

Article 6. Management and detention system for prisoners

1. Prisoners must be detained in cells according to regulations, and when leaving cells, they must have permission from the Warden of the detention center. Before prisoners enter cells and after opening cell doors to allow prisoners to leave, officers, non-commissioned officers, and soldiers assigned responsibility must take attendance and inspect. Staff members of the detention center without specific duties and other persons not permitted by the Warden of the detention center are not allowed to enter the cell area or contact prisoners.

Detention centers must be strictly protected and secured, with armed forces patrolling and guarding 24/24 hours. Cells must be constructed solidly, adequately lit, and ensure environmental hygiene.

2. Based on the number of prisoners, nature of crimes, sentence length, age, gender, health status, personal characteristics of prisoners, and operational requirements, the Warden of the detention center decides on the classification of prisoners to organize management, detention, and arrange security personnel for guarding, protecting, and escorting prisoners in accordance with the Criminal Enforcement Law, this Decree, and regulations of the Minister of Public Security and the Minister of National Defense.

Article 7. Documents for transferring convicted persons to prisons to serve their sentences

Clause 1. The documents for transferring convicted persons to places to serve their sentences must be complete in accordance with the provisions set out in Clause 1 of Article 25 of the Criminal Execution Law.

Clause 2. In cases where children accompany their parents who are convicted to prison, there must be a birth certificate. If there is no birth certificate, there must be a birth certificate issued by the health authority where the child was born or a written statement from a witness if the child was born outside a medical facility; in cases where none of the aforementioned documents exist, a written report from the temporary detention center transferring the convicted person to prison to serve their sentence must be submitted along with a written declaration from the father or mother confirming that the birth of the child is true. The warden of the prison has the responsibility to register the birth of the child accompanying their parent to prison in accordance with the laws on registration and management of household registration.

Chapter III
REGIME OF FOOD, CLOTHING, HOUSING, LIVING, AND HEALTH CARE FOR PRISONERS

Article 8. Food regime for prisoners

On Tet (including the last day of the lunar year and the first three days of the new lunar year), New Year's Day (January 1st), the anniversary of King Hung (the 10th day of the third lunar month), and other holidays: April 30, May 1, September 2, prisoners are provided with five times the daily food standard.

For prisoners engaged in heavy and hazardous labor as defined by law, the quantity may be increased by 15% compared to the aforementioned standard quantity.

The warden of the prison, the warden of the temporary detention center, and the head of the criminal enforcement agency of the county police may decide to exchange the aforementioned food quantities to suit the actual situation to ensure that prisoners consume the full standard.

Clause 2. In addition to the food standards stipulated in Clause 1 of this Article, prisoners may use their own gifts or money to supplement their meals but not more than three times the quantity specified in Clause 1 for each prisoner in one month.

Clause 3. Prisoners are ensured clean and safe food and drink.

It is strictly prohibited for prisoners to use alcohol, beer, or other stimulants.

Clause 4. Each sub-prison within the prison shall organize one or several collective kitchens. The equipment allowance for one collective kitchen serving 100 prisoners includes: 1 food storage cabinet with mesh or glass cover, 3 large frying pans, 1 small frying pan, 1 large pot for use over 5 years; various types of knives, cutting boards, dishwashing basins, baskets, strainers, bowls, chopsticks for use over 1 year, and other necessary equipment for cooking, boiling water, and distributing meals to prisoners.

The equipment allowance for each serving table for 6 prisoners includes 1 serving tray, 1 rice bowl, 1 soup bowl for use over 3 years; 2 plates for food, 1 dipping sauce bowl, 1 rice and soup ladle for use over 1 year.

The equipment allowance for one prisoner eating alone includes 1 plastic container with 3 compartments for holding food and 1 plastic spoon for use over 2 years.

Clause 5. The food and rest regime for sick prisoners is decided by the warden of the prison according to the instructions of the healthcare facility.

Clause 6. Female prisoners during pregnancy, maternity leave, or nursing infants under 36 months old are guaranteed food standards and quantities as prescribed by a nurse or doctor and are given an additional 20% to 30% increase in meat and fish quantities compared to the standard set forth in Clause 1 of this Article; they are also provided with necessary items for caring for newborns. Female prisoners giving birth in prison are provided with 7 meters of regular cloth for making diapers.

Article 9. Housing Regime for Prisoners

1. The detention of prisoners shall be carried out in accordance with Article 27 of the Criminal Execution Law and the provisions of this Decree.

2. Prisoners shall reside in collective cells, except in cases specified in points d, đ, and e of Clause 2, Article 27 of the Criminal Execution Law. Each prisoner shall have a minimum sleeping area of two square meters (2 m²), equipped with a tiled platform, wooden floor, or bed. For prisoners who have small children residing with them, the minimum sleeping area shall be three square meters (3 m²), also equipped with a tiled platform, wooden floor, or bed.²), with a tiled base, wooden floor, or bed. For prisoners who have children staying with them, a minimum space of 03 square meters (3 m²), with a tiled base, wooden floor, or bed.

3. Prisoners must reside in their cells during the time prescribed and may only leave their cells according to the internal regulations of the prison or upon orders from the Warden of the prison, temporary detention center, or Head of the criminal enforcement agency at the district level police department. Before and after prisoners enter or exit their cells, officers assigned the responsibility must take attendance and conduct headcounts.

4. Officers, soldiers, prison staff, and persons without duties shall not enter the detention area or interact with prisoners without permission from the Warden of the prison.

Article 10. Clothing and Personal Items Distribution Regime for Prisoners

1. Annually, prisoners shall be provided with two sets of long-sleeved cotton clothing according to a unified model, two sets of undergarments, two towels, two mats, two pairs of sandals, one hat or cap, one raincoat; three toothbrushes; six hundred grams of regular toothpaste. Monthly, prisoners shall be supplied with three hundred grams of laundry soap; female prisoners shall additionally be provided with personal hygiene items equivalent in value to two kilograms of ordinary rice. Every four years, prisoners shall be provided with one mosquito net, one quilt; for prisoners in prisons located from Da Nang city inward, quilts made of yarn shall be provided; from Thua Thien Hue province outward, quilts made of cotton weighing no more than two kilograms and one warm coat for use over three years shall be provided.

2. Prisoners participating in labor shall annually be provided with two sets of protective workwear and necessary protective equipment.

The models and colors of prisoners' clothing and protective equipment shall be stipulated by the Minister of Public Security and the Minister of National Defense.

Article 11. Food, Clothing, and Essential Goods Distribution Regime for Children Under 36 Months Old Residing with Their Parents in Prisons

1. Food Allowance

Children under 36 months old residing with their parents in prisons shall enjoy the same food regime as their parents; on June 1st and during the Mid-Autumn Festival, they shall receive double the daily food allowance. Based on the child's age and actual conditions, the Warden of the prison may adjust the food allowance to meet the nutritional needs of the child.

2. Clothing and Essential Goods Distribution

Children under 36 months old residing with their parents in prisons shall annually be provided with two towels, two kilograms of soap, two sets of regular cotton clothing, one mosquito net; for those in prisons located from Thua Thien Hue province outward, one warm coat and one quilt suitable for the child's age (yarn quilts for prisons located from Da Nang city inward, cotton quilts weighing no more than two kilograms for those from Thua Thien Hue province outward) for use over three years shall be provided.

3. The food, clothing, and essential goods distribution regime for children over 36 months old residing with their parents in prisons while awaiting procedures to be transferred to social welfare institutions or returned to relatives for care shall be implemented in accordance with the provisions of Clauses 1 and 2 of this Article.

Article 12. Living conditions for prisoners

1. The living conditions for prisoners shall be implemented in accordance with Article 44 of the Criminal Execution Law and the provisions of this Decree.

2. Each sub-camp within a prison, and each prisoner detention area within a prison shall be equipped with one public address system and one internal cable television system; each collective cell housing less than thirty prisoners shall be equipped with one color television set with a screen size of twenty-one inches or larger; each collective cell housing more than thirty prisoners shall be equipped with one color television set with a screen size of twenty-nine inches or larger; thirty prisoners shall be provided with one copy of the People's Newspaper.

3. The time allocated for physical exercise, sports, cultural activities, arts, reading books and newspapers, listening to the radio, and watching television for prisoners shall be carried out in accordance with the regulations of the Minister of Public Security and the Minister of National Defense.

Article 13. Medical care regime for prisoners

1. The medical care regime for prisoners shall be implemented in accordance with Article 48 of the Criminal Execution Law and the provisions of this Decree.

2. The diet, medication distribution, and nutritional supplements shall be prescribed by the medical facility based on the prisoner's illness and the severity of their condition. The daily cost of ordinary medication for prisoners shall be equivalent to two kilograms of rice per person per month.

3. Prisoners infected with HIV/AIDS shall be cared for and treated in accordance with current laws.

Article 14. Regime for juvenile prisoners

1. Juvenile prisoners shall enjoy benefits in accordance with the provisions of Section 3, Chapter III of the Criminal Execution Law and other provisions that do not conflict with the provisions of this Article.

2. The minimum sleeping space for each juvenile prisoner shall be three square meters (3 m²), with either a wooden floor or a bed.²), with a wooden floor or bed.

3. Juvenile prisoners must compulsorily study the elementary school curriculum and complete compulsory secondary education; they must attend cultural classes every day of the week except Sundays, holidays, and festivals; each class session lasts four hours (4h); they shall be educated in moral standards, basic life skills; they shall be informed about current events, policies, laws, and civic education according to programs and contents compiled by the Ministry of Public Security and the Ministry of National Defense in collaboration with the Ministry of Education and Training and the Ministry of Justice; they shall receive psychological counseling, educational assistance, and support for necessary legal procedures to facilitate their reintegration into society and become useful members of society.

4. Juvenile prisoners shall be given priority in vocational training and skill enhancement programs in accordance with their age, educational level, gender, health status, and actual conditions of the prison.

5. In addition to the clothing and personal items provided to adult prisoners, each juvenile prisoner shall be provided with one long-sleeved outfit, one hard hat, and one cloth cap annually; for prisons located from Thua Thien Hue Province northward, each juvenile prisoner shall be provided with one warm jacket, two pairs of socks, and one woolen hat annually. Every quarter, each juvenile prisoner shall be provided with one bottle of shampoo, 200 ml of regular type.

For prisons located from Da Nang City southward, each juvenile prisoner shall be provided with one fiber blanket for a period of two years. For prisons located from Thua Thien Hue Province northward, each juvenile prisoner shall be provided with one cotton blanket weighing no more than two kilograms, with a cover for a period of two years.

6. The time allocated for cultural, artistic activities, and recreational entertainment for juvenile prisoners shall be twice that of adult prisoners.

Foreign prisoners shall be detained separately in prisons. The regimes concerning diet, clothing, accommodation, living conditions, and medical care for foreign prisoners shall be implemented as prescribed for Vietnamese prisoners, except where international treaties to which Vietnam is a party provide otherwise.

Chapter IV
IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Decree takes effect from February 15, 2012, and replaces Government Decree No. 113/2008/NĐ-CP dated October 28, 2008, promulgating the Prison Regulations.

Article 17. Responsibility for Implementation

1. The Minister of Public Security and the Minister of National Defense shall take the lead and coordinate with relevant ministries and sectors to guide, inspect, and urge the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.