Decree No. 118/2024/ND-CP detailing the implementation of certain provisions of the Criminal Enforcement Law

DECREE
Detailed Implementation of Certain Provisions of the Criminal Enforcement Law

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

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

Pursuant to the Labor Code on November 20, 2019;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law on Vocational Education dated November 27, 2014;

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

The Government promulgates this Decree to provide detailed implementation of certain provisions of the Criminal Enforcement Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed implementation of Clause 4 of Article 17, Articles 31, 33, 34, 35, 43, 47, 48, 49, 51, 55, 74, 75, 149, and 151 of the Criminal Enforcement Law of 2019.

Article 2. Applicability

This Decree applies to:

1. Convicts and students serving educational measures at rehabilitation schools.

2. Criminal enforcement management agencies, criminal enforcement agencies, agencies assigned certain tasks in criminal enforcement.

3. Other relevant agencies, organizations, and individuals.

Article 3. Funding for the Management of Convicts and the Implementation of Benefits and Policies for Convicts and Students

1. Funding for investment in construction of facilities, procurement of equipment and means of transportation to serve organizational management and the implementation of regular health check-ups, medical treatment, healthcare, rehabilitation, disease prevention, drug rehabilitation programs, HIV/AIDS treatment; legal education, civic education, cultural education, vocational training, dissemination of current policies and laws, psychological counseling, legal procedure support, cultural and artistic activities, physical exercise, sports, entertainment, and the establishment and arrangement of hospital wards for convicts and students shall be provided from the state budget.

2. Detention facilities may allocate funds from the labor results of convicts and accept financial support from domestic organizations and individuals to invest in facilities and implement benefits for convicts. The management and utilization of these funds shall comply with the regulations on state budget and other related laws.

Chapter II

STRUCTURE OF PRISON ORGANIZATION

Article 4. Organization of Prison Management

1. The Minister of Public Security is responsible for managing the organizational structure, staffing, and operations of prisons; deciding on the establishment, dissolution, merger, management, and division of prisons; issuing lists, standards, and quotas for the construction of prison facilities and security control systems 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 prisons; deciding on the establishment, dissolution, merger, management, and division of prisons; issuing lists, standards, and quotas for the construction of prison facilities and security control systems under the management of the Ministry of National Defense.

Article 5. Organizational Structure of Prison Management

1. The organizational structure of prison management includes the Warden, Deputy Warden, Section Chief, Deputy Section Chief, Team Leader, Deputy Team Leader; police officers, professional military personnel, non-commissioned officers; soldiers and workers of the Public Security and defense staff.

2. The Warden, Deputy Warden, Section Chief, Deputy Section Chief, Team Leader, and Deputy Team Leader must have a university degree in police science, security, or law and meet other criteria as prescribed by the Ministry of Public Security and the Ministry of National Defense.

Article 6. Prison Camp Organization

1. Sub-prison camps

Sub-prison camps within prison camps have the responsibility to organize management, detention, education, and reform of prisoners in accordance with the Party's guidelines and state laws. Sub-prison camps include:

a) Detention area

The detention area within sub-prison camps includes:

The detention area for prisoners sentenced to more than 15 years' imprisonment, life imprisonment, or dangerous repeat offenders;

The detention area for prisoners sentenced to up to 15 years' imprisonment; prisoners sentenced to more than 15 years who have had their sentences reduced and still have less than 15 years remaining; dangerous repeat offenders who have served half of their sentences and have had their sentences reduced.

b) Detention houses

Common detention house: Each cell holds no more than 80 prisoners;
Separate detention house: Each cell holds no more than 08 prisoners;
Disciplinary detention house: Each cell holds no more than 02 prisoners under disciplinary measures.

c) Service facilities, including:

Facilities for labor, study, daily activities, medical care; education, reform, vocational training, and skill development for prisoners;
Facilities for work, study, daily activities, and other conditions for officers, non-commissioned officers, soldiers, professional military personnel, police workers, and defense workers working at the prison camp.

2. Labor and Vocational Training Areas

a) Labor and Vocational Training Areas, including:

Labor and vocational training areas for prisoners invested in and directly managed by the prison camp;
Labor and vocational training areas for prisoners built and invested in by organizations or individuals within the land managed by the prison camp and handed over to the prison camp for operation during the cooperation period.

b) Labor and vocational training areas have the responsibility to organize management, detention, education, labor, and vocational training for prisoners in accordance with the law.

c) Labor and vocational training areas include the following projects:

Detention houses for prisoners constructed solidly and securely to ensure safety according to regulations of the Ministry of Public Security and the Ministry of National Defense.

Facilities for study, daily activities, medical care; education, labor, and vocational training for prisoners.

Facilities for work, study, daily activities, and other conditions for officers, non-commissioned officers, soldiers, professional military personnel, police workers, and defense workers working in the labor and vocational training areas.

3. Criminal Enforcement Agencies under the Ministry of Public Security and the Ministry of National Defense are responsible for managing the organizational structure, staffing, and operations of labor and vocational training areas; deciding on the establishment, dissolution, and merger of labor and vocational training areas as stipulated in Clause 2 of this Article.

Chapter III

REGIME AND POLICIES FOR PRISONERS, STUDENTS AT REFORM SCHOOLS; CLASSIFICATION OF SENTENCE EXECUTION AND HANDLING OF PRISONERS WHO VIOLATE THE LAW; RESPONSIBILITY OF ORGANIZATIONS, INDIVIDUALS, AND FAMILIES IN PRISONER REFORM EDUCATION

Section 1
REGIME FOR PRISONERS, PREGNANT PRISONER WOMEN,

PRISONERS WITH CHILDREN UNDER 36 MONTHS OLD,

PRISONERS UNDER 18 YEARS OLD

Article 7. Food Rations for Prisoners

1. The State ensures monthly food standards for prisoners, including:

a) 17 kg of white rice;

b) 15 kg of green vegetables;

c) 01 kg of pork;

d) 01 kg of fish;

đ) 0.5 kg of sugar;

e) 0.75 liters of fish sauce;

g) 0.2 liters of cooking oil;

h) 0.1 kg of monosodium glutamate;

i) 0.5 kg of salt;

k) Other seasonings: equivalent to 0.5 kg of white rice;

l) Fuel: equivalent to 17 kg of firewood or 15 kg of coal.

Food, foodstuffs, and fuel must meet quality standards and have average market prices in the locality.

Food provisions for prisoners on holidays and Tet are implemented in accordance with the law and Clause 1 of Article 48 of the 2019 Criminal Execution Law.

For prisoners engaged in heavy, hazardous, or dangerous occupations as defined by law, their food rations may be increased but not exceed twice the daily standard ration.

Based on the need to ensure the health of prisoners during detention, labor, and study, the head of the detention facility may decide to adjust food rations to match reality so that prisoners can consume their full standard ration.

2. In addition to the food standards set out in Clause 1 of this Article, prisoners may use their own gifts or money to supplement their meals, but not exceeding three times the monthly food ration per prisoner and must go through the deposit system and cafeteria serving daily needs for prisoners at the detention facility.

3. Prisoners are guaranteed clean and safe food and drink.

4. Each sub-prison camp of the detention facility must organize at least one collective kitchen. The equipment allowance for one collective kitchen serving 100 prisoners includes: 01 food storage cabinet with mesh or glass cover, 03 large pans, 01 small pan, 01 large pot for use over 3 years; various knives, cutting boards, dishwashing basins, baskets, strainers, bowls, chopsticks for use over 1 year, and other necessary equipment and supplies for cooking and distributing meals to prisoners.

Equipment for one meal tray for 06 prisoners includes: 01 food tray, 01 rice bowl, 01 soup bowl for use over 2 years; 02 plates, 01 dipping sauce bowl, 01 rice ladle, 01 soup ladle for use over 1 year.

Equipment for one prisoner's individual meal includes: 01 plastic lunch box with 04 compartments or 01 plastic tray with 05 compartments for holding food, and 01 plastic spoon for use over 2 years.

5. Prisoners are provided with electricity and water to meet daily living requirements.

Article 8. Dress Code and Personal Appearance of Prisoners

1. Prisoners shall be provided with:

a) Two sets of long-sleeved clothing made of regular fabric according to a unified model per year;

b) Two sets of undergarments per year;

c) Two towels per year;

d) Two personal mats per year;

e) Two pairs of sandals per year;

f) One hat (for male prisoners) or one cap (for female prisoners) per year;

g) One plastic raincoat per year;

h) Four toothbrushes per year;

i) Six hundred grams of toothpaste per year;

j) Three point six kilograms of soap per year;

k) Eight hundred milliliters of shampoo per year;

l) One mosquito net every three years;

m) One quilt every four years (quilts with a weight not exceeding two kilograms will be provided for prisoners from Thua Thien Hue Province northward and five provinces in the Central Highlands, while other provinces provide quilts made of yarn);

n) One warm coat every three years (provided for prisoners from Thua Thien Hue Province northward and five provinces in the Central Highlands, while other central cities and provinces do not provide);

Female prisoners shall be provided with necessary toiletries equivalent to two kilograms of white rice per person per month.

2. Prisoners participating in labor or vocational training shall be issued two sets of protective workwear and necessary protective equipment each year.

The models, colors of clothing, and protective equipment for prisoners shall be prescribed by the Minister of Public Security and the Minister of National Defense.

Article 9. Health Care System for Prisoners

1. When arriving at detention facilities, prisoners shall be organized for medical examinations and health records by the medical staff of the detention facility. During the period of serving their sentences, the detention facility shall organize periodic health check-ups for prisoners at least once every two years based on the conditions and duration of the sentence served by the prisoner and specific circumstances, in coordination with medical examination and treatment facilities at the basic level or specialized level or military hospitals near the detention facility. Specifically, height, weight, average chest circumference, heart rate, blood pressure, body temperature, comprehensive clinical examination across various specialties, and ancillary clinical examinations as directed by doctors shall be conducted, and the results shall be recorded in the prisoner's file for management and monitoring of health status. The cost of periodic health examinations for prisoners shall be reimbursed according to the price framework set by the Ministry of Health. Detention facilities shall regularly implement measures to prevent and control diseases, ensure food safety, and prevent natural disasters and accidents.

3. Medical examination and treatment facilities at the basic level, specialized level, and military hospitals near the detention facility shall allocate land within the hospital premises to build a separate treatment area for prisoners. In cases where there is no available land, at least three separate rooms shall be allocated within the medical examination and treatment facility to treat prisoners, ensuring security, order, and convenience for managing prisoners. These facilities shall be responsible for arranging physicians and nurses to examine and treat patients as required. For military hospitals along the line near the detention facility, the separate rooms shall be used when there are prisoners being treated; when there are no prisoners being treated, the hospital may use these rooms to treat other patients. Prior to planning new hospitals, notification shall be given to the detention facility, and cooperation shall be sought in surveying, allocating land, and designing construction.

4. Common medical expenses for prisoners shall be provided equivalent to three kilograms of white rice per prisoner per month.

6. For prisoners with a history of drug addiction and stimulant use, based on the conditions and capabilities of the detention center, medical examinations, health care, and rehabilitation functions shall be organized; if prisoners test positive for drugs and stimulants, coordination with relevant authorities shall be conducted to organize detoxification as prescribed.

7. Prisoners infected with HIV/AIDS, tuberculosis, infectious diseases, and chronic diseases shall be cared for and treated according to current laws.

Article 10. Treatment for female prisoners who are pregnant, nursing children under 36 months old, and treatment for children accompanying their mothers in detention centers

1. Female prisoners during pregnancy, childbirth leave, or nursing children under 36 months old in detention facilities shall be provided with a total food ration equivalent to twice the daily standard ration as stipulated in Clause 1, Article 7 of this Decree, and may exchange rations according to the physician's or doctor's instructions; female prisoners giving birth in detention centers shall be provided with necessary items for newborn care equivalent to one month's food ration for children of prisoners as specified in Clause 2 of this Article. In cases where pregnant female prisoners are not temporarily suspended from serving their sentences, they shall be allocated a minimum sleeping space of 3 square meters per prisoner, have reduced working hours, and receive medical care as prescribed in Clause 1, Article 51 of the Criminal Execution Law 2019.²2. The food regimen for children under 36 months old, who are living with their mothers in detention facilities, shall be equivalent to that provided for children under four years old at social welfare institutions as stipulated by current laws; on holidays and Tet, children shall receive a food ration five times the daily standard, and on Children's Day (June 1st Gregorian calendar) and Mid-Autumn Festival (August 15th lunar calendar), they shall receive a food ration twice the daily standard. Each month, they shall be provided with milk and essential living supplies worth 20 kilograms of white rice per child. Based on the age of the children and actual conditions, the head of the detention facility shall adjust the food ration to meet the nutritional needs of children living with their mothers in detention centers or convert it into cash and deposit it for the mother to use in caring for and raising her child.

3. Children under 36 months old living with their mothers in detention centers shall be provided with:

a) 04 face towels/year;

b) 02 kilograms of soap/year;

c) 03 sets of regular clothing/year;

d) 01 screen suitable for their age every three years;

e) 01 quilt suitable for their age every three years (for provinces north of Thua Thien Hue and the five Central Highlands provinces);

e) Two pairs of sandals per year;

g) 01 set of warm clothes/year (provided for provinces north of Thua Thien Hue and the five Central Highlands provinces, not provided for other central cities and provinces).

4. Children under 36 months old living with their mothers in detention facilities shall be provided with health insurance cards, medical care, and medical examinations according to the provisions of the Law on Children and the Health Insurance Law. In cases of serious illness beyond the treatment capacity of the infirmary, the detention facility shall process transfer to state healthcare facilities for treatment; the head of the detention facility shall decide on the release and escort of the prisoner-mother to accompany and care for her child. Regular medication costs shall not exceed 03 kilograms of white rice per child per month.

The detention facility is responsible for covering the actual costs incurred in medical examinations and treatments for children under 36 months old living with their mothers in detention centers; examination and treatment funds are provided by the state budget. In cases where children under 36 months old living with their mothers in detention facilities die, funeral expenses shall be handled as for deceased prisoners.

5. Food, clothing, provision of necessities, and medical care for children over 36 months old living with their mothers in detention facilities while waiting for procedures to be transferred to social welfare institutions or returned to relatives for care shall be implemented according to the provisions of Clauses 2, 3, and 4 of this Article.

5. The provisions on food, clothing, distribution of essential goods, and healthcare for children over 36 months old who are the children of prisoners living with their mothers at detention facilities during the period awaiting transfer to social welfare institutions or waiting to be returned to relatives for care shall be implemented in accordance with the provisions of Clauses 2, 3, and 4 of this Article.

Article 11. Food, clothing, and personal items for prisoners under 18 years old

1. Prisoners under 18 years old shall be guaranteed the same food quantity standards as those for prisoners aged 18 years and older, with an additional meat and fish allowance not exceeding 20% of the meat and fish consumption quota of other prisoners.

2. In addition to the clothing and personal item standards for prisoners aged 18 years and older, prisoners under 18 years old shall be provided with an additional 800 ml of shampoo per year, one long-sleeved outfit per year, one hard hat or cap per year, one cloth hat per year; one warm coat, two pairs of socks, one woolen hat for use over one year (provided from provinces north of Thua Thien Hue and five Central Highlands provinces, while remaining central cities and provinces will not provide these items).

Prisoners under 18 years old shall be provided with one quilt every two years (from provinces north of Thua Thien Hue and five Central Highlands provinces providing quilts with a cover weight not exceeding 2 kg, while remaining central cities and provinces will provide fiber quilts) instead of the standard stipulated at point n, Clause 1, Article 8 of this Decree.

Section 2
EDUCATION AND VOCATIONAL TRAINING PROGRAM FOR PRISONERS

Article 12. Education and training program for prisoners

1. Detention facilities shall organize education for prisoners according to the following stages:

a) Stage when prisoners are newly admitted to detention facilities

After being admitted to detention facilities to serve their sentences, prisoners shall participate in learning and disseminating the following contents: Rights and obligations of prisoners; Rules and regulations of detention facilities; provisions on items allowed and prohibited from being brought into detention facilities; provisions on cultural lifestyle, communication, and behavior of prisoners; provisions on classification of sentence execution; food, clothing, accommodation, living conditions, medical care; labor conditions and utilization of labor results; cultural, artistic, sports, reading, entertainment activities; meeting, receiving gifts, contacting relatives; provisions on rewards and handling of prisoners who violate rules; some contents on moral values and life skills.

The learning and dissemination period lasts from four to six days starting from the first day of class. At the end of the class, prisoners must write a summary of their learning outcomes; in cases where elderly, disabled prisoners cannot write themselves or do not know how to read and write, they may ask another prisoner to write it on their behalf, then read it back to them and have them sign or affix a fingerprint on the summary. In case of disease outbreaks, natural disasters, fires, or other force majeure events, after implementing preventive measures or mitigating consequences, classes shall be organized for prisoners.

Learning is organized into classes, each class having at least five prisoners. If new prisoners are admitted during a class, they can be added to the class and given supplementary and remedial knowledge, self-study materials to keep up with the class schedule, or organized into the next class. If there are fewer than five prisoners or many prisoners are sick, ill, or due to other force majeure events, the Director of the detention facility shall decide to organize classes or guide prisoners to read study materials and write summaries of their learning outcomes based on actual circumstances. After completing the initial education program, new prisoners will be assigned to teams (groups). If deemed necessary, the Director of the detention facility may assign prisoners to teams (groups) before organizing dissemination and education.

b) Stage when prisoners are serving their sentences

After being assigned to teams (groups), prisoners shall learn and disseminate the following basic contents: The Constitution; provisions on criminal policy of Vietnam; provisions on temporary suspension, reduction of sentence duration, conditional early release, exemption from serving sentences; some provisions of the Criminal Execution Law, Criminal Code, Criminal Procedure Code, Civil Code, Labor Code, Amnesty Law, Anti-drug Law, Law on Prevention and Control of Viruses Causing AIDS, Law on Prevention and Control of Infectious Diseases, Vocational Education Law, Fire Prevention and Control Law; some contents on moral values and life skills. Prisoners under 18 years old shall also learn and disseminate some provisions of the Children's Law, Youth Law, Education Law, Marriage and Family Law, Gender Equality Law, Law on Harmful Effects of Alcohol, Law on Harmful Effects of Tobacco, and related regulatory legal documents concerning age and gender.

Based on the actual conditions of the unit, the Director of the detention facility shall arrange a schedule of two sessions per week, completed within six months from the start of the class, with each class having from five to one hundred prisoners. If there are fewer than five prisoners or many prisoners are sick, ill, or due to other force majeure events, the Director of the detention facility shall decide to organize classes or guide prisoners to read study materials and write summaries of their learning outcomes based on actual circumstances. If one-third of the course has not been completed and new prisoners have finished the initial education program, they can be added to the class and given supplementary and remedial knowledge, self-study materials to keep up with the class schedule, or organized into the next class.

For prisoners with less than six months left to serve their sentences and those detained in separate prisons, the Director of the detention facility shall arrange a suitable schedule for dissemination and learning, combining self-study of materials and writing summaries of learning outcomes. If the number of prisoners is small and insufficient to form a class, the Director of the detention facility must arrange a schedule for learning, dissemination, self-study of materials, and writing summaries of learning outcomes in the last month of each quarter according to the classification of sentence execution.

c) Stage when prisoners are preparing to complete their prison terms

Prisoners preparing to complete their sentences (including those who have been assessed by the Inter-ministerial Review Board of the Special Amnesty Advisory Council as meeting the conditions for special amnesty; those whose files have been prepared for conditional early release by the Court; and those whose files have been prepared for reduction of remaining prison terms by the Court) shall be informed and educated on the following contents: policies and regulations of the law on reintegration into society; basic provisions of the Law on Residence, the Law on Identity Cards, the Law on Road Traffic, the Law on Inland Waterway Traffic, the Law on Cybersecurity, and the Law on Administrative Violations; regulations on recidivism, dangerous recidivism, and expungement of criminal records; regulations on security, public order, crime prevention, and social evils; some moral values and life skills.

In addition to the above contents, for prisoners whose files have been prepared for conditional early release by the Court, the detention facility shall organize the dissemination and education on the rights and obligations of persons conditionally released; for prisoners who have been assessed by the Inter-ministerial Review Board of the Special Amnesty Advisory Council as meeting the conditions for special amnesty, the detention facility shall organize the dissemination and education on the rights and obligations of persons granted amnesty.

The dissemination and education period shall be from five to seven days starting from the first day of class, organized during the time when prisoners are preparing to complete their sentences or before implementing decisions on special amnesty, conditional early release, and reduction of remaining prison terms. Each class shall not exceed 100 prisoners.

2. Detention facilities must develop programs, plans, contents, times, and locations for organizing legal education and civic education for prisoners, with each session lasting four hours. Where it is objectively impossible to organize classes, they must organize dissemination and guide prisoners to self-study, read books and materials, and write summaries for assessment of learning outcomes. Female prisoners held separately shall be organized to study separately; if held together with male prisoners, the Director of the detention facility shall decide whether to study together or separately but must ensure compliance with the Detention Facility Regulations. For prisoners with multiple prior convictions, serious offenses, or other prisoners deemed necessary for individual meetings and education, the detention facility shall plan appropriate educational measures and methods; for prisoners who have not yet fulfilled civil responsibilities, they shall be educated and disseminated to voluntarily and actively rectify to meet the conditions and standards for enjoying humanitarian policies and leniency from the State.

3. Foreign prisoners shall be informed about Vietnamese laws related to their rights and obligations during the execution of sentences; international treaties related to the rights and obligations of prisoners where Vietnam and their country of nationality are members, and bilateral agreements between Vietnam and their country of nationality concerning the enforcement of criminal penalties. Depending on their level of Vietnamese language proficiency, foreign prisoners may be educated and informed in Vietnamese, English, or provided with translated materials for study and learning; foreign prisoners are encouraged to learn Vietnamese to independently study and learn the program and content of legal education and civic education like other prisoners. Educational content and materials may be translated into English or the language of the prisoner's country of nationality.

4. The education and dissemination of culture, law, and civic education for deaf, blind, mute prisoners, pregnant female prisoners, those on maternity leave, nursing mothers, sick prisoners, or those with physical or mental disabilities shall be decided by the Director of the detention facility for each case.

5. Detention facilities shall organize propaganda, education, and information dissemination to prisoners about the Party's guidelines, State policies, economic, cultural, and social development achievements, historical, political, economic, and social events commemorating national and local significant days. Propaganda, dissemination, and education of the law, promotion of movements to comply with criminal sentences among prisoners to serve management, educational reform, and community reintegration needs.

6. The training program for prisoners is specified in the Appendix issued along with this Decree.

7. Training materials for prisoners shall be compiled by the Management Agency for Criminal Enforcement under the Ministry of Public Security and the Ministry of National Defense.

Article 13. Cultural Education System for Prisoners

1. Detention facilities shall organize literacy programs for prisoners who are illiterate or have become illiterate again. For prisoners under 18 years old who are illiterate or have not completed primary education, compulsory primary education shall be implemented; for those who have not completed lower secondary education, the detention facility shall organize regular education programs at the lower secondary level based on the prisoner's file and school record, according to their own conditions. Encouragement is given to prisoners to self-study cultural subjects; foreign prisoners and ethnic minority prisoners who do not know Vietnamese are encouraged to study and learn Vietnamese on their own. Prisoners studying cultural subjects who complete their prison term shall retain their academic results to continue their studies at educational institutions within the national education system.

2. Textbooks and teaching materials appropriate to the curriculum shall be used according to the regulations and guidelines of the Ministry of Education and Training. The minimum time for cultural education for prisoners is two sessions per week, each session lasting four hours, decided by the head of the detention facility, except on Sundays, holidays, and Tet. The detention facility shall organize classes for cultural education for prisoners and teach them to speak Vietnamese (common language) if they cannot speak it. The head of the detention facility shall decide on the form, duration, and method of teaching based on the actual situation and cognitive ability of the prisoners. The State encourages the families of prisoners, agencies, organizations, and individuals to support textbooks, notebooks, learning materials, sports equipment, cultural and artistic activities, and recreational facilities for prisoners, but such support must comply with legal regulations.

3. Teachers providing cultural education to prisoners are staff members of detention facilities or local educational institutions. Progressively reformed prisoners with educational qualifications, pedagogical skills, good conduct, not being ringleaders, organizers, professional hooligans, violent criminals, infectious disease patients, drug addicts, or national security offenders may assist staff members in teaching cultural education to prisoners. The head of the detention facility shall confirm the completion of the semester (if the prisoner has not completed the literacy program), the completion of the first and second stages of the literacy program according to the regulations of the Ministry of Education and Training for prisoners.

4. The Department of Education and Training and the District Education and Training Office where the detention facility is located shall cooperate in implementing cultural education for prisoners, directing educational institutions to send teachers to teach cultural education to prisoners; managing and directing the implementation of examinations and evaluations of educational outcomes for prisoners according to the regulations of the Ministry of Education and Training; organizing professional training for staff members teaching cultural education to prisoners. The detention facility shall arrange auditoriums or classrooms to ensure conditions for teaching and learning for prisoner students.

Article 14. Regulations for Staff Participating in Teaching

1. Teachers, staff members, and soldiers providing cultural education, civic education, legal awareness, and members of the Council for Recognizing Completion of Literacy Programs, Compulsory Primary Education, and Lower Secondary School Graduation Exams for prisoners shall be provided with special environment allowances. The allowance for one session (four hours) is equal to 0.25 times the base salary.

2. Managers and staff directly involved in educational work, cultural education, legal education, and civic education in detention facilities who achieve outstanding results shall be honored and awarded state honorary titles according to legal regulations.

Article 15. Vocational training regime for prisoners

1. Based on the prisoners' ability, educational level, health, gender, labor market, specific conditions, and cooperation potential with organizations and individuals, detention centers organize general or simple vocational training, or improve prisoners' skills. Detention centers cooperate with vocational education institutions or vocational training centers (having legal personality as prescribed by law) to organize vocational training, skill improvement, and trade transmission for prisoners.

2. Prisoners under 18 years old, young prisoners up to 30 years old without a profession, prisoners with sentences less than five years and nearing completion of their prison terms shall be prioritized for vocational training and skill improvement. Each prisoner may only learn one profession.

3. Plan and program for vocational training for prisoners.

a) Based on capital targets, annual plans, detention centers develop their own vocational training plans and submit them to the Criminal Enforcement Management Agency under the Ministry of Public Security (for detention centers managed by the Ministry of Public Security) or the Criminal Enforcement Management Agency under the Ministry of National Defense (for detention centers managed by the Ministry of National Defense) for approval. The vocational training plan includes legal basis, training professions, number of classes, number of prisoner trainees, location, training form, expected training duration and budget estimate. Prisoners undergoing vocational training will be trained at the primary level or through regular training.

b) Primary vocational training program for prisoners: The minimum training program lasts 300 hours with three learning units including occupational knowledge, practical skills, and attitudes towards the occupation, lasting from three months to less than one year. The content and structure of the primary vocational training program must ensure scientificity, systematicness, practicality, consistent language usage, ease of understanding, and equivalence to the primary vocational training objectives stipulated in Clause 1 and Point a, Clause 2, Article 4 of the Vocational Education Law 2014, aligning with national skill standards and qualification frameworks.

c) Regular vocational training program for prisoners: Prisoners can learn trades through apprenticeship, mentoring, practice, with actual study time ranging from 100 to less than 300 hours and course duration up to less than three months. The regular training program ensures that learners have the capability to perform job tasks, increase productivity, and independently complete simple tasks or parts of a job after completing the course, with knowledge about safety and hygiene in the workplace.

d) Training programs and contents are reviewed and approved by the Program Review Board and issued by the head of the training institution.

4. The Criminal Enforcement Management Agencies under the Ministry of Public Security and the Ministry of National Defense shall specify the training professions based on actual conditions and the labor market.

Section 3

ORGANIZING PRISONERS TO WORK AND UTILIZING THE RESULTS OF THEIR LABOR

Article 16. Approval and Implementation of Annual Labor Organization Plans

1. Labor regime for prisoners

During the execution of custodial sentences in detention centers, prisoners are obligated to work for rehabilitation and to become useful citizens for society; the Warden of the detention center is responsible for assigning appropriate work according to the prisoners' age, health, gender, sentence length, nature, and severity of criminal behavior, while meeting management and educational requirements.

a) Prisoners working must be under the supervision and management of the detention center. The working hours of prisoners should not exceed eight hours per day and forty hours per week, with rest days on Sundays, holidays, and Tet. In exceptional cases or due to vocational training requirements, the Warden may request prisoners to work overtime but not exceeding the total daily overtime hours allowed by labor laws, not more than two hours per day; thirty hours per month, and two hundred hours per year; prisoners working overtime or on Saturdays and Sundays shall be granted compensatory leave or paid compensation.

b) Work that is heavy or hazardous as listed by law shall not be assigned to male prisoners aged sixty or older, prisoners under eighteen years old, female prisoners, or prisoners determined by detention center medical staff to be insufficiently healthy (suffering from illness or physical and mental deficiencies).

c) Prisoners are entitled to rest from work in cases where female prisoners are pregnant and entitled to pre- and post-natal leave as prescribed by law, sick prisoners, prisoners undergoing treatment at infirmaries or hospitals, and prisoners with children under thirty-six months old living with them in the detention center who are ill and confirmed by detention center medical staff.

2. Organizing and managing labor and vocational training areas for prisoners

a) The Warden of the detention center, based on the specific conditions of the detention center, provisions of Clause 1, Article 15 of this Decree, and the needs and cooperation potential with organizations and individuals as stipulated in Clause 1, Article 33 of the Criminal Enforcement Law, prepares proposals, plans, and projects for cooperative labor and vocational training for prisoners in accordance with Point b, Clause 2, Article 6 of this Decree, and submits them to the Director of the Department of Prison Administration, Compulsory Educational Institutions, and Juvenile Rehabilitation Schools under the Ministry of Public Security (for detention centers managed by the Ministry of Public Security), the Head of the Criminal Enforcement Management Agency under the Ministry of National Defense (for detention centers managed by the Ministry of National Defense), and the Head of the Criminal Enforcement Agency of Military Region (for detention centers managed by military regions) for review, assessment, approval, and establishment before organizing prisoners to work and undergo vocational training.

b) The labor and vocational training area operated by organizations or individuals through cooperation and investment must ensure conditions for management, organization of labor, vocational training, living activities, security surveillance, and safety custody of prisoners, and comply with guidance and approval from the Head of the Criminal Execution Agency under the Ministry of Public Security (for prisons managed by the Ministry of Public Security) or the Head of the Criminal Execution Agency under the Ministry of National Defense (for prisons managed by the Ministry of National Defense). Organizations or individuals cooperating must hand over the labor and vocational training area to the prison for management and use during the cooperation period. Cooperating organizations or individuals are responsible for guiding, teaching trades, arranging jobs, ensuring working conditions, and occupational safety for prisoners participating in labor and vocational training according to the law. They have the obligation to pay the prison the value of the prisoners' labor and to cover related costs associated with organizing labor and vocational training during the cooperation period as stipulated by law.

c) Prisoners participating in labor and vocational training in the labor and vocational training area organized by cooperating organizations or individuals must submit a voluntary application to participate in labor and vocational training, and be selected based on prisoner classification standards. The prison directly supervises, manages, and organizes labor and vocational training for prisoners according to the law, with labor systems, responsibilities, and obligations as prescribed in Clause 1 of this Article.

d) The prison directly manages, organizes, and arranges prisoners to participate in labor and vocational training in the labor and vocational training area operated by cooperating organizations or individuals according to the law, ensuring labor and living conditions, rights of prisoners, managing and allocating funds derived from prisoners' labor results in the labor and vocational training area as prescribed in Article 17 of this Decree.

3. Annual plan for organizing labor and vocational training

The Warden of the prison shall base on the specific conditions of the prison and the provisions of Clause 1 of Article 15 of this Decree to prepare an annual plan for organizing labor and vocational training for prisoners and send it to the Criminal Execution Agency under the Ministry of Public Security (for prisons managed by the Ministry of Public Security) or the Criminal Execution Agency under the Ministry of National Defense (for prisons managed by the Ministry of National Defense) before August 15 each year for review and approval. The Director of the Prison Management Police Department under the Ministry of Public Security, the Head of the Criminal Execution Agency under the Ministry of National Defense, and the Head of the Military Region Enforcement Agency (for prisons managed by Military Regions) are responsible for reviewing and approving the annual labor organization plans of the prisons. The annual plan for organizing labor and vocational training for prisoners must include the following basic contents:

a) Total number of prisoners, including the number of prisoners meeting the legal conditions for labor.

b) Estimated costs for labor and vocational training; depreciation of fixed assets.

c) Estimated results obtained from prisoners' labor and vocational training; revenue and expenditure differences in organizing prisoners' labor and vocational training.

d) Proposed plan for using the results of prisoners' labor and vocational training as prescribed in Article 17 of this Decree.

4. Implementation of the annual plan for organizing labor and vocational training

a) After the annual plan for organizing labor and vocational training has been approved by the competent authority, the Warden of the prison shall organize prisoners to engage in labor and vocational training based on the specific conditions of the prison, the potential for cooperation with organizations or individuals, and the prisoners' level, gender, health, nature, and sentence classification.

b) During the process of organizing prisoners to engage in labor and vocational training, if there are unforeseen events such as natural disasters, fires, or epidemics that prevent the prison from completing the assigned targets, the Warden of the prison shall submit a written report to the Prison Management Police Department under the Ministry of Public Security (for prisons managed by the Ministry of Public Security), the Criminal Execution Agency under the Ministry of National Defense (for prisons managed by the Ministry of National Defense), or the Military Region Enforcement Agency (for prisons managed by Military Regions) to request a review and approval for adjusting the plan for organizing prisoners' labor.

5. Establishing labor indicators for prisoners

Based on legal regulations, geographical and natural conditions of the locality where the detention facility is located, disaster situations, epidemic conditions, and the age and health of prisoners, the Warden of the prison shall propose labor indicators for prisoners to be submitted to the Director of the Prison Management Police Department under the Ministry of Public Security (for prisons managed by the Ministry of Public Security) or the Director of the Criminal Investigation Department under the Ministry of National Defense (for prisons managed by the Ministry of National Defense) for consideration, review, and approval before implementation; and allocate and manage the funds derived from prisoners' labor results within the prison according to the provisions of this Article and other relevant legal documents.

6. Accounting and financial record-keeping for income and expenditure from organizing prisoners' labor and vocational training activities

a) Prisons must establish accounting books and record financial transactions and financial reports according to the accounting system for administrative and public institutions. All income and expenditures from prisoners' labor and vocational training activities must be reflected in the prison's accounting system.

b) Prisons shall fully account for all reasonable expenses incurred during the organization of labor and vocational training for inmates in the product cost; reasonable expenses in organizing labor and vocational training include: material costs, raw materials; wages for external hired labor (if any); electricity and water costs; additional food expenses due to arduous and hazardous labor beyond the standard food allowance provided by the state budget (calculated at 15% of the daily quantitative food standard set by the state budget for arduous or hazardous labor as prescribed by law); overtime allowances for inmates working on Saturdays, Sundays, or holidays; depreciation of fixed assets serving the labor and vocational training process; management costs and other direct costs serving the labor and vocational training activities of inmates.

c) Prisons shall organize inventory, assess assets, materials, labor capital, implement plan results, total income and expenditure from labor activities of the unit, and report to the Department of Prison Management, Compulsory Education Facilities, and Rehabilitation Schools (for prisons under the Ministry of Public Security's management), the Criminal Investigation Department of the Ministry of National Defense (for prisons under the Ministry of National Defense's management). The reporting period is calculated from 00:00 on December 31 each year.

7. Prepare reports on income and expenditure results and approve reports on income and expenditure results from labor and vocational training activities of inmates.

a) Reports on income and expenditure results from labor and vocational training activities of inmates in prisons are comprehensive reports on data, situations, and outcomes of income and expenditure from labor and vocational training activities of inmates. The prison warden is responsible for compiling the comprehensive report and providing detailed explanations about the income and expenditure results, which must be submitted concurrently with the annual budget settlement report to the Criminal Enforcement Management Agency under the Ministry of Public Security (for prisons under the Ministry of Public Security's management), the Criminal Enforcement Management Agency under the Ministry of National Defense (for prisons under the Ministry of National Defense's management), and the Military Region Criminal Enforcement Agency (for prisons under Military Region management).

b) The Director of the Department of Prison Management, Compulsory Education Facilities, and Rehabilitation Schools under the Ministry of Public Security, the Head of the Criminal Enforcement Management Agency under the Ministry of National Defense, and the Head of the Military Region Criminal Enforcement Agency are responsible for reviewing and approving reports on income and expenditure results from organizing labor and vocational training for inmates, and reporting to the financial management agencies of the Ministry of Public Security, the Ministry of National Defense, and the Military Region for inclusion in the annual budget settlement report according to the law.

Article 17. Utilization of Labor and Vocational Training Results of Inmates

The labor results of inmates are the surplus income exceeding expenses from organizing labor and vocational training activities of inmates after deducting reasonable expenses as stipulated in point b, Clause 5, Article 16, which shall be utilized as follows:

1. Utilizing labor and vocational training results of inmates within assigned quotas and standards

a) Allocating 14% to supplement the food allowance for inmates

Based on the amount allocated, the prison warden decides to supplement the food allowance for inmates but shall not increase it more than one-sixth of the monthly food standard prescribed by law for each inmate;

Inmates who work overtime, work on holidays, are entitled to a food standard equivalent to twice the regular daily standard (including one regular daily standard guaranteed by the state budget for each inmate). If this additional food standard is not used according to regulations, inmates may deposit it into their personal accounts for use in daily living, payment of fines, fulfillment of civil obligations, supplementary penalties that are monetary, or to be returned upon completion of their imprisonment sentence;

In cases where the supplementary food allowance has been fully allocated and there is a remaining balance, the prison warden shall report to the Director of the Department of Prison Management, Compulsory Education Facilities, and Rehabilitation Schools (for prisons under the Ministry of Public Security's management), the Director of the Criminal Investigation Department of the Ministry of National Defense (for prisons under the Ministry of National Defense's management) for consideration and decision on how to use the remaining funds to purchase communal living supplies for inmates in prisons, and such decisions must be publicly announced through the Self-Management Committee of inmates, ensuring transparency, democracy, and fairness, and targeted beneficiaries.

b) Allocating 2% to establish a Community Reintegration Fund to support counseling and assistance for inmates upon completion of their sentences. Prisons shall conduct support activities, organize civic education, legal education, counseling, job placement connections, and other related activities aimed at community reintegration for inmates; provide one set of clothing to inmates upon completion of their sentences if they lack clothing to return home, with a maximum value not exceeding twenty times the regular daily food standard of the inmate.

c) Allocating 10% to pay part of the labor wages to inmates participating in labor. Inmates are paid part of their labor wages based on quarterly classification results. The rate of payment for part of the labor wages for inmates is calculated by dividing the total beginning-of-quarter surplus and the quarter allocation by the total number of inmates eligible for partial wage payments. Inmates participating in labor are paid part of their labor wages according to the following rates: Inmates classified as excellent receive 100% of the rate, those classified as good receive 90%, those classified as average receive 80%, and those classified as poor receive 50%. For new inmates arriving at the prison who have not completed a full quarter of classification but have monthly classification results, the quarterly rate of payment for part of the labor wages for inmates is divided by three to determine the monthly payment amount and multiplied by the number of months with classification results. For inmates who have completed their imprisonment sentence but have not reached the quarterly classification period, the previous quarter's rate of payment for part of the labor wages for inmates is divided by three to determine the monthly payment amount and multiplied by the number of months with classification results.

d) Dedicate 02% of the support fund for prisoners who suffer work-related accidents. The level of support is decided by the Warden but shall not exceed five times the monthly food allowance for each prisoner at the time of the accident. At year-end, if there is a surplus, the Warden of the detention center shall report to the Director of the Department of Prison Management, Compulsory Educational Facilities, and Rehabilitation Centers (for detention centers under the Ministry of Public Security management); the Director of the Criminal Investigation Department of the Ministry of National Defense (for detention centers under the Ministry of National Defense management) for consideration and procurement of equipment not covered under point e, Clause 1, Article of this Law to serve occupational safety and health activities.

đ) Dedicate 27% to supplement the Welfare and Reward Fund of the detention center, including:

Dedicate 16% to supplement the Welfare Fund of the detention center to implement activities: Supporting prisoners organizing cultural, artistic, physical exercise, and sports activities; supporting prisoners when they fall ill, encounter risks, or receive treatment at medical facilities with a maximum support level not exceeding five times the partial labor cost allowance for prisoners in that quarter, with only one support provided annually; supporting officers and soldiers of the detention center who face difficult circumstances when they fall ill, encounter risks, work-related accidents, or receive treatment at healthcare facilities with a maximum support level not exceeding two months' average salary according to their rank, annually; organizing cultural, artistic, physical exercise, and sports activities for officers and soldiers and supporting other welfare activities of the detention center.

Dedicate 09% to supplement the Reward Fund of the detention center to implement activities: Awarding prisoners who have outstanding achievements during the execution of sentences, with the award amount not exceeding 2,000,000 VND per instance per prisoner; awarding prisoners who have achievements in labor and vocational training (exceeding targets and standards), with the award amount equal to half the value of the excess labor days; using awards to support officers and soldiers of the detention center who have achievements in managing and educating prisoners and teaching vocational skills, with the total annual award amount for officers and soldiers not exceeding two months' salary according to their rank.

Dedicate 02% to be submitted to the Department of Prison Management, Compulsory Educational Facilities, and Rehabilitation Centers (for detention centers under the Ministry of Public Security management), the Criminal Investigation Department of the Ministry of National Defense (for detention centers under the Ministry of National Defense management) as a fund to support management activities, summaries, reviews, training sessions, conferences, seminars, competitions, performances, and international cooperation.

e) Dedicate 45% to support investment back into the detention center to serve the organization of labor, education, and vocational training for prisoners; improving the skills of prisoners preparing to complete their sentences, including:

Dedicate 35% to create a common capital for reinvestment into detention centers to serve education, labor, vocational training, purchasing equipment, tools, and building infrastructure. For detention centers under the Ministry of Public Security management, submit to the Department of Prison Management, Compulsory Educational Facilities, and Rehabilitation Centers; for detention centers under the Ministry of National Defense management, submit to the Criminal Investigation Department of the Ministry of National Defense to develop a general allocation plan. Annually, based on the investment needs, equipment purchases, and infrastructure construction requirements of the detention centers, the Director of the Department of Prison Management, Compulsory Educational Facilities, and Rehabilitation Centers (for detention centers under the Ministry of Public Security management), the Director of the Criminal Investigation Department of the Ministry of National Defense (for detention centers under the Ministry of National Defense management) must approve the list and investment plans with a value below 5 billion VND; take the lead and coordinate with financial authorities at the same level to appraise and submit to the leadership of the Ministry of Public Security and the Ministry of National Defense for approval of lists and investment plans with a value above 5 billion VND. The management, use, and settlement of funds allocated for investment in projects and plans for purchasing equipment, tools, and infrastructure construction for detention centers approved by competent authorities must comply with legal regulations.

Dedicate 10% for vocational training and skill enhancement for prisoners. The Warden of the detention center must prepare a budget according to the guidelines of the Department of Prison Management, Compulsory Educational Facilities, and Rehabilitation Centers (for detention centers under the Ministry of Public Security management), the Criminal Investigation Department of the Ministry of National Defense (for detention centers under the Ministry of National Defense management) and must obtain approval from the heads of these agencies before implementation.

2. Utilize the results of prisoner labor and vocational training exceeding assigned targets and standards.

a) Dedicate 50% to directly pay prisoners participating in labor and vocational training exceeding assigned targets and standards.

b) Dedicate 50% to supplement the Welfare Fund of the detention center to implement the contents stipulated in point đ, Clause 1, Article of this Law.

3. Prisoners may deposit bonus money, partial labor payment, and results exceeding assigned targets and standards for use or retrieval after completing their sentences.

4. The results of prisoner labor and vocational training and activities serving management, detention, and canteen services for prisoner living needs, after deducting reasonable expenses, are exempt from corporate income tax and value-added tax.

Section 4

CLASSIFICATION OF SENTENCE EXECUTION FOR PRISONERS

Article 18. Periodic Classification of Prison Sentence Execution

1. Prisoners serving a prison sentence shall be assessed and evaluated on the results of their sentence execution weekly, monthly, quarterly, every six months, and annually. Detention facilities shall base their periodic classification of prison sentence execution (hereinafter referred to as "classification") on the assessment and evaluation results, specifically as follows:

a) Prisoners shall be assessed and evaluated on the results of their sentence execution weekly. The assessment period runs from Saturday of the previous week to Friday of the current week;

b) Prisoners who have served at least twenty-one days of their sentence in a month shall be classified monthly. The monthly classification period runs from the first day to the last day of that month;

c) Prisoners who have been classified for at least two months within a quarter shall be classified quarterly. Quarter I classification runs from December 1st of the previous year to the last day of February of the following year; Quarter II runs from March 1st to May 31st; Quarter III runs from June 1st to August 31st; Quarter IV runs from September 1st to November 30th;

d) Prisoners who have been classified for at least four months within six months shall be classified semi-annually. The first half-year classification runs from December 1st of the previous year to May 31st of the following year; the second half-year classification runs from June 1st to November 30th of the same year;

e) Prisoners who have been classified for at least ten months within a year shall be classified annually. Annual classification runs from December 1st of the previous year to November 30th of the following year;

f) Correctional officers shall convene prisoner teams (groups) weekly on Fridays to assess and evaluate the results of sentence execution weekly; they shall convene to assess, evaluate, and classify periodically monthly, quarterly, semi-annually, and annually on the last day of each classification period; if the meeting date coincides with a holiday or festival, it shall be held on the first working day thereafter.

2. The classification period starts from the date of the record of receiving prisoners into the detention facility, or the designated detention room for managing prisoners in temporary detention centers or holding houses. If prisoners are transferred between detention facilities, the classification period and results shall be counted continuously before and after the transfer.

4. Decisions on quarterly, semi-annual, and annual classifications and the self-assessment reports of prisoners shall be filed in the prisoner's records. The head of the detention facility is responsible for publicly announcing the results of quarterly, semi-annual, and annual classifications to the prisoners; and informing the relatives or legal representatives of the prisoners about the situation of sentence execution, semi-annual and annual classifications.

Article 19. Criteria for Competition and Classification of Prison Sentence Execution

The observation, evaluation, and decision on the results of classifying prison sentence execution for each prisoner shall be based on the following criteria:

1. Recognize the crime, repent sincerely; truthfully report and expose crimes known to oneself; actively remedy the consequences caused by one's criminal acts.

2. Strictly comply with legal regulations, court judgments and decisions, and internal rules and regulations of the detention facility; actively prevent and combat wrongful behaviors; maintain disciplined, orderly, and civilized living habits; not exhibit negative attitudes, words, or actions that cause division, weaken unity, or adversely affect others.

3. Actively and conscientiously set an example in labor, vocational training, fully participate in workdays, perform disciplined, productive, and high-quality labor; fulfill labor quotas and standards; implement safety and hygiene requirements at work and environmental protection; have a sense of promoting competition among prisoners.

4. Actively and conscientiously study, train, and cultivate morality; respect the lives, health, dignity, personality, and property of oneself and others; have a sense of helping other prisoners to improve their studies and training and strive to become useful members of society.

Article 20. Excellent Classification of Prison Sentence Execution

1. If a prisoner fulfills all the competition criteria for prison sentence execution stipulated in Article 19, they will be classified as excellent, specifically as follows:

a) Regarding the criteria specified in Clause 1 of Article 19

Recognizing the crime means having a serious and comprehensive attitude and understanding about the nature, severity, and consequences of one's criminal act; truthfully confessing one's crime;

Repenting sincerely means deeply regretting one's crime, trusting the humanitarian and lenient criminal policies of the State; raising awareness, responsibility, and determination to correct mistakes, complying well with the Internal Rules of the detention facility, actively working and studying to progress and become a useful member of society;

Truthfully reporting and exposing crimes means providing competent authorities with information known about the actions of others who have committed crimes, whether they have been arrested, are serving sentences, or are outside society;

Actively remedying the consequences caused by one's criminal act means completing supplementary punishments such as fines, compensation, or civil obligations, paying court fees according to court judgments and decisions; or not yet completing supplementary punishments but falling under one of the following circumstances, which is considered as fulfilling the requirement of actively remedying consequences: Having a decision exempting from enforcement obligations related to state budget revenue from the competent court; having a decision suspending enforcement from the competent civil enforcement agency; having a written agreement from the person entitled to enforcement or their legal representative regarding non-compensation or full receipt of compensation or civil obligations according to court judgments and decisions confirmed by the People's Committee of the locality where the person resides or the civil enforcement agency handling the case; having a court judgment or decision temporarily holding money or freezing an account to ensure enforcement, with the amount held or frozen being equal to or greater than the amount to be enforced; having assets seized for enforcement confirmed by the civil enforcement agency handling the case, with the value of the assets being equal to or greater than the amount to be enforced; for cases requiring monthly maintenance payments, confirmation by the People's Committee of the locality where the recipient resides, the civil enforcement agency handling the case, or the head of the detention facility that the payment has been completed up to the classification date; prisoners who have fulfilled supplementary punishments such as fines, compensation, or civil obligations at the detention facility are confirmed by the head of the detention facility; when committing a crime, if the prisoner was under 18 years old and the court decided to assign the responsibility of compensation or civil obligations to parents or legal representatives, those individuals have completed the obligation or the prisoner has repeatedly written letters, contacted by phone, or directly requested and encouraged parents or legal representatives to compensate but only partially succeeded.

b) Regarding the criteria specified in Clause 2 of Article 19

Fulfilling this criterion means strictly complying with legal regulations, court judgments and decisions, and internal rules of the detention facility; actively preventing and combating negative behaviors and wrongful actions of other prisoners; maintaining disciplined, orderly, and civilized living habits and cultural communication and behavior of prisoners; not exhibiting attitudes or words that distort the truth or negative actions causing division, weakening unity, or adversely affecting others.

c) Regarding the criteria specified in Clause 3 of Article 19

Fulfilling this criterion means having a high sense of responsibility, actively and conscientiously participating in labor and vocational training, strictly complying with assignments from staff; fully participating in workdays organized by the detention facility (except for sudden illness not exceeding four days in a month or other valid reasons preventing participation in labor); performing quality and effective labor, strictly adhering to labor discipline, safety, and hygiene; being praised by correctional officers during meetings or team activities.

d) Regarding the criteria specified in Clause 4 of Article 19

Prisoners must always uphold their awareness, sense of responsibility, self-discipline, and actively participate in learning and competitive movements to comply with prison sentences organized by detention facilities; they should have a conscious effort to train themselves, cultivate morality, strive to become useful members of society; respect the honor, life, health, dignity, and property of themselves and others; encourage, support, and help other prisoners in labor, study, training, and daily activities to collectively become useful members of society.

2. Regularly review, evaluate, and classify as excellent

a) Review and evaluate the results of compliance with prison sentences weekly

If prisoners have all days of the week reviewed and evaluated with good results in complying with prison sentences, then that week will be classified as good.

b) Monthly classification

Prisoners will be classified as excellent if they meet one of the following conditions: Having at least 21 days reviewed and evaluated with good results in complying with prison sentences, including 7 days at the end of the month must be reviewed and evaluated as good, and the remaining days must be reviewed and evaluated with results from satisfactory and above; for prisoners who have only served 21 days in one month, all those days must be reviewed and evaluated with good results in complying with prison sentences.

c) Quarterly classification

Prisoners will be classified as excellent if they meet one of the following conditions: Having three months classified as excellent; having two months classified as excellent and the remaining month classified as satisfactory (without any week in that month being reviewed and evaluated as average), where the last month of the quarter must be classified as excellent; for prisoners who have only been eligible for classification for two months in a quarter, both of those months must be classified as excellent (without any week being reviewed and evaluated as satisfactory).

Prisoners with prior convictions must have additional monitoring and probation periods before being classified as excellent, except in cases of meritorious service (for one prior conviction, the first quarter cannot be classified as excellent; for two prior convictions, the first two quarters cannot be classified as excellent; for three or more prior convictions, the first four quarters cannot be classified as excellent).

d) Six-month classification

Prisoners will be classified as excellent if they meet one of the following conditions: Having two quarters classified as excellent; the first quarter classified as satisfactory (without any week in that quarter being reviewed and evaluated as average), the second quarter classified as excellent, but ensuring at least four months out of six months are classified as excellent; for prisoners who have only been eligible for classification for four months, all four months must be classified as excellent.

đ) Annual classification:

Prisoners will be classified as excellent if they meet one of the following conditions: The first six months and the last six months of the year are both classified as excellent; the first six months are classified as satisfactory (without any month being classified as average), the last six months are classified as excellent (both the third and fourth quarters are classified as excellent), and ensuring at least eight months out of the year are classified as excellent.

e) For quarterly and six-month classifications, prisoners can only be classified as excellent if they have been classified as satisfactory or better in the immediately preceding quarter or six months, except in cases of meritorious service or when prisoners have just completed the time required for classification.

Article 21. Classification of Compliance with Prison Sentences as Satisfactory

1. Prisoners will be classified as satisfactory if they achieve the following standards in compliance with prison sentences:

a) They have fully met the standards prescribed in Clause 2 and Clause 4 of Article 19 of this Decree;

b) They have basically met the standards prescribed in Clause 1 of Article 19. However, regarding the standard of actively remedying consequences, it has not been fully implemented or partially implemented but falls under one of the following circumstances:

Prisoners have executed at least half of the total amount of money they are required to execute (including fines, compensation for damages, or other civil obligations, court fees) with receipts, invoices, or certificates to prove the execution result, confirmed by the civil enforcement agency, and have committed to continuing to execute when conditions permit, confirmed by the head of the detention facility. In cases where the court's decision or judgment temporarily seizes funds or freezes accounts to ensure execution, and the amount seized or frozen is equal to or greater than half of the total amount required to be executed, or there are assets under seizure to guarantee execution, confirmed by the civil enforcement agency handling the case as having a value equal to or greater than half of the total amount required to be executed, such cases shall also be considered as having executed at least half of the total amount required to be executed. In cases where it is discovered that prisoners have money or assets and the conditions to execute but refuse to voluntarily execute, it shall not be considered as actively remedying consequences.

Prisoners who have not executed or have executed less than half of the total amount required to be executed but fall under one of the following circumstances: Submitting a statement detailing extremely difficult family circumstances, confirmed by the People's Committee of the commune where they reside as true; having documents confirming that the prisoner's family belongs to a poor household or near-poor household. These cases must have a commitment to continue executing when conditions permit, confirmed by the head of the detention facility.

Prisoners with difficult family circumstances confirmed by the People's Committee of the commune as true, who wish to make multiple payments at the detention facility or at the civil enforcement agency, must write a commitment clearly stating the amount to be paid each time (the amount paid each time must be at least equal to the total amount still required to be executed divided by the number of years of imprisonment, if serving a life sentence, divided by thirty years; in cases of committing to pay quarterly or every six months, the division is made accordingly), the payment deadline must be on the first day of the month agreed upon for payment, confirmed by the head of the detention facility. If the commitment is not fulfilled, it shall not be considered as actively remedying consequences.

A prisoner who has not yet executed the supplementary punishment of a fine, compensation for damage, or other civil obligations, and has paid the case fee, but after one month from the date the prisoner arrives at the detention facility and cannot be contacted with their relatives, must submit a written statement of circumstances (written once a month at the time of monthly classification) and commit to performing when conditions permit, confirmed by the head of the detention facility. In the case where the prisoner can contact their relatives within one month, they must comply as specified in this point above.

A prisoner who has a decision from the civil enforcement agency handling the case determining that there are no conditions for execution of the judgment must write a commitment to perform when conditions permit, confirmed by the head of the detention facility.

Prisoners specified in this point, if the total amount deposited in escrow in one month exceeds three times the monthly food allowance provided by the state to prisoners, must voluntarily withdraw the excess amount to execute the judgment. If the prisoner does not comply, they will not be considered to have actively remedied the consequences (except for prisoners who are ill and undergoing treatment, frequently ill; prisoners who are war invalids or disease invalids; prisoners who are disabled or have physical or mental deficiencies; female prisoners who are pregnant or on maternity leave; prisoners with young children living together in the prison; elderly prisoners, male over 70 years old, female over 65 years old).

The commitment letter, written statement of particularly difficult family circumstances, as stipulated in this point, must be submitted every three years from the date the detention facility receives the statement; documentation confirming the prisoner's family is classified as poor or near-poor households shall be updated annually, at the end of each year, if the family remains classified as poor or near-poor, new documentation must be submitted to the detention facility. In cases where the written statement of particularly difficult family circumstances or documentation confirming the family is a poor or near-poor household expires due to objective and irresistible reasons, and the prisoner's relatives fail to timely supplement the statement or new documentation, such statements or documentation shall remain valid for one month.

For foreign nationals serving a sentence who have not fully executed the supplementary punishment of a fine, compensation for damage, or other civil obligations, and have paid the case fee, the prisoner must write a letter urging their relatives to remedy the consequences. The detention facility shall send the prisoner's letter to the Department of Prison Management, Compulsory Education Facilities, and Rehabilitation Schools under the Ministry of Public Security (for prisons managed by the Ministry of Public Security) or the Criminal Investigation Department under the Ministry of National Defense (for prisons managed by the Ministry of National Defense) to forward to the diplomatic or consular mission of the country whose nationality the prisoner holds or the representative office of an international organization in Vietnam for joint resolution. During the waiting period for resolution, the prisoner shall be considered to have actively remedied the consequences.

c) Has not fully met the criteria prescribed in Clause 3, Article 19 due to one of the limited ability to participate in labor or being exempted or reduced from the labor quota, including: prisoners who are ill and undergoing treatment or frequently ill; prisoners who are war invalids or disease invalids; prisoners who are disabled or have physical or mental deficiencies; female prisoners who are pregnant or on maternity leave; prisoners with young children living together in the prison; elderly prisoners (male aged 70 or older, female aged 65 or older).

2. Regular review, evaluation, and classification as good

A prisoner is classified as good if they do not fall into the category of excellent classification as prescribed in Article 20 of this Decree.

a) Weekly review and evaluation of compliance with custodial sentences:

A prisoner is evaluated as good for a week if all days of the week are evaluated as good or better in terms of compliance with the custodial sentence.

b) Monthly classification

A prisoner is classified as good if they meet one of the following conditions: At least 21 days in the month are evaluated as good or better, including the last seven days of the month must be evaluated as good or better, and the remaining days are not evaluated as poor; for a prisoner who has served only 21 days in a month, all days must be evaluated as good or better.

c) Quarterly classification

A prisoner is classified as good if they meet one of the following conditions: All three months in a quarter are classified as good or better; two months are classified as good or better (with the last month of the quarter classified as good or better), the remaining month is classified as average or better (no week is evaluated as poor); for a prisoner who has just completed the time for quarterly classification for two months, both months must be classified as good or better (no week is evaluated as average).

d) Six-month classification

A prisoner is classified as good if they meet one of the following conditions: Two quarters are classified as good or better; the first quarter is classified as average (no week is evaluated as poor), the second quarter is classified as good or better, but in the six months, there must be at least four months classified as good or better; for a prisoner who has just completed the time for six-month classification for four months, all four months must be classified as good or better (no week is evaluated as average).

đ) Annual classification

A prisoner is classified as good if they meet one of the following conditions: The first six months and the last six months of the year are both classified as good or better; the first six months are classified as average (no month is classified as poor), the last six months are classified as good or better (both Quarter III and Quarter IV are classified as good or better) and in that year, there must be at least eight months classified as good or better.

e) For quarterly and six-month classifications, a prisoner is only classified as good if the previous consecutive quarter or six-month period was classified as average or better, except in cases of meritorious service or if the prisoner has just completed the time for quarterly or six-month classification.

Article 22. Classification of prisoners serving sentences as average

2. Periodic review, assessment, and classification as average

a) Review and evaluate the results of compliance with prison sentences weekly

A prisoner who has all days of the week reviewed and assessed with results of sentence execution at the average level or above shall be reviewed and assessed as average for that week.

b) Monthly classification

A prisoner is classified as average when they fall under one of the following circumstances: Having at least 21 days reviewed and assessed at the average level or above, including the last seven days of the month not being reviewed and assessed with results of sentence execution at the poor level; a prisoner who has served a sentence for 21 days within one month, all days reviewed and assessed with results of sentence execution at the average level or above.

A prisoner who is subject to disciplinary action or isolated detention due to frequent violation of the internal regulations of the detention facility and has been recognized as making progress in reform must be classified as average for at least three consecutive months following the month with a decision recognizing progress in reform; a prisoner who falls under the circumstances specified in Clauses 3, 4, 5, 6, 7, 8, 9, and 10 of Article 23 of this Decree must be classified as average for at least three consecutive months following the last quarter in which they were classified as poor.

A prisoner is classified as average when they fall under one of the following circumstances: Having three months classified as average; having the first month classified as poor, the last two months of the quarter classified as average or above (with no week in the last two months reviewed and assessed as poor); a prisoner who has just completed the time for classification for two months, both months must be classified as average or above; a prisoner whose temporary suspension of sentence execution, persons sentenced to imprisonment who are released on parole, or persons whose execution of the sentence is postponed but fail to appear at the Criminal Enforcement Agency of the provincial public security agency or the Criminal Enforcement Agency of the military region within the prescribed period to serve their sentences and are escorted to serve their sentences, then in the first quarter upon arrival at the detention facility, the prisoner's execution of the sentence is classified as average.

d) Six-month classification

A prisoner is classified as average when they fall under one of the following circumstances: Having two quarters classified as average; the first quarter classified as poor, the second quarter classified as average or above (the second quarter does not have a month classified as poor); having the first quarter classified as satisfactory or above, the second quarter classified as average; a prisoner who has just completed the time for classification for four months, all four months must be classified as average or above.

đ) Annual classification

A prisoner is classified as average when they fall under one of the following circumstances: Having the first six months and the last six months of the year both classified as average; having the first six months classified as satisfactory or above and the last six months classified as average; having the first six months classified as poor, the last six months classified as average, but in that year, there must be at least eight months classified as average or above.

Article 23. Classification of prisoners as poor in serving custodial sentences

Prisoners shall be classified as poor if they fall under any of the following circumstances:

1. They do not meet the criteria for good, fairly good, or average classification as stipulated in Articles 20, 21, and 22 of this Decree.

2. Prisoners are subject to disciplinary action or solitary confinement due to frequent violations of the Internal Regulations of the prison facility without being recognized as having made progress in rehabilitation.

3. Prisoners who commit a new crime during the period of serving a custodial sentence shall be classified as poor for the first four quarters after arriving at the prison facility to serve their sentence according to the new enforcement decision or after the prison facility receives the new enforcement decision.

4. Prisoners who commit a new crime during the waiting period before serving a custodial sentence, suspension, or temporary cessation of the execution of a custodial sentence shall be classified as poor for the first four quarters after arriving at the prison facility to serve their sentence according to the new enforcement decision.

In cases where prisoners violate the law during the suspension or temporary cessation of the execution of a custodial sentence, affecting public security and order or fleeing, and are sentenced by the court to revoke the suspension or temporary cessation decision, they shall be classified as poor for the first two quarters after returning to the prison facility to serve their sentence.

5. Prisoners who have been conditionally released early but commit a new crime during the probation period shall be classified as poor for the first four quarters after resuming the execution of their custodial sentence according to the new enforcement decision.

If prisoners who have been conditionally released early violate their obligations during the probation period and are ordered by the court to return to the prison facility to continue serving their remaining custodial sentence, they shall be classified as poor for the first two quarters.

6. Prisoners who fail to voluntarily report their criminal acts to the prison facility, and upon discovery and subsequent conviction with another judgment, shall be classified as poor for the first four quarters after arriving at the prison facility to serve their custodial sentence according to the new enforcement decision or after the prison facility receives the new enforcement decision.

7. Prisoners who have been convicted with a different judgment from the one they are currently serving but fail to truthfully report it shall be classified as poor for the first four quarters, starting from the date of discovery.

8. Prisoners subjected to compulsory medical treatment measures who escape or violate the Internal Regulations of the compulsory medical treatment facility more than twice during the execution of such measures shall be classified as poor for the first two quarters after resuming the execution of their custodial sentence. If they commit a new crime during the execution of compulsory medical treatment measures, they shall be classified as poor for the first four quarters after resuming the execution of their custodial sentence according to the new enforcement decision.

9. Prisoners who persistently file illegal complaints about judgments or decisions of the court or other issues related to the execution of their custodial sentence despite resolution by competent authorities in accordance with the law shall be classified as poor until the complaint is resolved.

10. Prisoners who commit a crime during the period of pre-trial detention, arrest, or while under house arrest, bail, deposit guarantee, or temporary suspension of departure from the country as provided for in the Criminal Procedure Code, or during the execution of suspended sentences or non-custodial correction, shall be classified as poor for the first two quarters after arriving at the prison facility to serve their custodial sentence.

Article 24. Classification in cases of meritorious service

1. Offenders who fall under any of the following cases of meritorious service shall be adjusted to a higher classification level for four consecutive quarters starting from the date on which the head of the detention facility signs the commendation decision or from the date on which they receive the commendation decision from the competent state agency regarding the meritorious service, including: Saving a person in a life-threatening situation or property valued at VND 50,000,000 (fifty million dong) or more belonging to the State, collective, or citizen during natural disasters, fires, or accidents; assisting the detention facility in preventing other offenders from disrupting or escaping or committing new crimes; assisting state agencies in detecting, investigating, apprehending, and handling criminal offenses; having significant inventions, patents, or suggestions recognized by the detention facility or the competent state agency; or achieving particularly outstanding results recognized by the detention facility or the competent state agency.

If the offender has already been classified as good during those four quarters, such classification will be considered for the next four quarters. In cases where the offender is disciplined or commits a new crime after performing meritorious service, they will not be eligible for a higher classification level.

2. Cases of meritorious service occurring during the period when a decision to enforce a prison sentence has been made but the offender has not yet been transferred to a detention facility to serve the sentence shall also be considered as meritorious service during the execution of the prison sentence and shall be reviewed and classified according to the provisions of Clause 1 of this Article.

Article 25. Classification for offenders being extracted for investigation, prosecution, trial, and offenders participating in litigation as defendants or accused persons

2. Offenders participating in litigation as defendants or accused persons shall not be classified in terms of serving a sentence but shall only be assessed and evaluated based on their compliance with the detention facility's internal regulations, including cases where they have been extracted to a temporary detention center or house of detention or have not been extracted from the detention facility.

3. Offenders whose cases are retried due to the annulment of the judgment or decision of the court that they are serving through cassation or revision procedures shall retain their classification results during the execution of the previous sentence.

Article 26. Reviewing the decision on classification of prisoner's conduct during imprisonment

When there is evidence to determine that the classification for prisoners does not comply with the provisions of the law or when acts of falsification or distortion of records leading to incorrect classification of prisoners according to the law are discovered, the detention facility must review and cancel all results of incorrect classifications and reclassify the prisoners in accordance with the provisions of this Decree.

Section 5

HANDLING PRISONERS WHO VIOLATE THE LAW

Article 27. Handling prisoners who violate the law

1. All prisoners who violate the law must be promptly and strictly reviewed and disciplined in accordance with the law. Each violation shall only be subject to one disciplinary form. In the same incident involving multiple violators, each prisoner shall be disciplined for their own violation. If a prisoner commits multiple violations in the same incident, a single disciplinary form shall be applied without separately handling each violation with different forms of discipline.

2. When disciplining prisoners, consideration and evaluation must be made to clarify the nature, severity, consequences, motives, purposes, causes of the violation; mitigating and aggravating circumstances for the form of discipline; the degree of remorse, truthful confession, determination to correct the violation, and efforts to mitigate the consequences, to apply appropriate forms of discipline. If it is found that the disciplinary decision was not in compliance with the regulations, it must be canceled or changed to align with the nature, severity, and behavior of the violation.

3. In cases where prisoners have multiple mitigating circumstances, show remorse, repentance, and actively strive to correct their violations or make meritorious contributions to atone for their crimes, the disciplinary measures may be lighter.

4. Prisoners currently serving a disciplinary decision, if transferred to another detention facility, shall continue to serve the disciplinary decision. The head of the detention facility that issued the disciplinary decision or changed or canceled the disciplinary decision shall do so in writing and keep the prisoner's file.

Article 28. Mitigating Circumstances for Disciplinary Measures

Prisoners who commit violations and have any of the following circumstances may be considered for mitigation of disciplinary measures:

1. First-time violation causing insignificant consequences; truthfully confessing about their own violation and those of other prisoners; proactively preventing other prisoners' violations; actively remedying the consequences caused by themselves (if applicable).

2. Showing remorse, recognizing mistakes, voluntarily admitting shortcomings, actively absorbing education, and correcting their own violations.

3. Violation due to being threatened, coerced, forced, incited, or drawn into by other prisoners; mentally stimulated by the violation of other prisoners or other objective reasons.

4. Making meritorious contributions or achieving outstanding results in the movement to comply with prison sentences, with commendation decisions.

5. Elderly prisoners, male aged 70 years or older, female aged 65 years or older; having disabilities or physical or mental weaknesses; suffering from serious illnesses, illness, or severe pain; having illnesses that limit their ability to understand and control their actions; pregnant female prisoners, on maternity leave, or nursing children under 36 months old; prisoners under 18 years old.

Article 29. Aggravating Circumstances for Increasing the Form of Disciplinary Measures

Prisoners who violate one or more of the following circumstances must be considered for increasing the form of disciplinary measures:

1. Violations committed in an organized manner, as the mastermind, leader, instigator, or actively and directly implementing the violation; directing, threatening, forcing, coercing, enticing, or inciting other prisoners to violate.

2. Continuous violations over a long period; multiple occurrences or involving many people; using sophisticated, cunning methods; having a thuggish, aggressive nature; using weapons or objects with lethal potential; causing significant consequences or losses.

3. Not voluntarily or honestly admitting mistakes or violations; providing false information, intentionally evading or concealing violations; shielding co-offenders; obstructing the provision of evidence of violations, hindering investigations, or making it difficult to handle violations; retaliating against informants or those providing information, evidence, or objects related to violations.

4. Refusing to accept education or correct violations; continuing to violate despite having been educated, warned, or disciplined previously.

5. Exploiting natural disasters, fires, floods, or other particularly difficult circumstances to commit violations; violating against individuals under 18 years old, pregnant female prisoners, prisoners on maternity leave; prisoners nursing children under 12 months old; sick, elderly, disabled, or prisoners with limited capacity to recognize or control their behavior.

Article 30. Time Limit for Handling Disciplinary Measures and Enforcing Disciplinary Decisions

1. Within three working days from the date of discovering the violation, if the case involves multiple prisoners or is complex requiring additional time for investigation and verification, the processing time may be extended up to seven days. The head of the detention facility must consider and issue a disciplinary decision. The disciplinary decision must clearly state its effective date and be announced to the prisoner.

2. Prisoners subject to disciplinary measures must undergo a probationary period to be recognized as having made progress in reform. The probationary period starts from the effective date of the reprimand or warning disciplinary decision or from the date the prisoner is removed from the disciplinary cell. For reprimand, the probationary period is one month; for warning, it is three months; for confinement in a disciplinary cell, it is six months. If within twelve months from the last disciplinary action, the prisoner is disciplined two or more times, the probationary period for subsequent actions is three months (for reprimand), six months (for warning), or twelve months (for confinement in a disciplinary cell).

If a prisoner has not been recognized as having made progress in reform and receives a new disciplinary decision, the probationary period is the sum of the remaining probationary period from the previous decision and the probationary period of the new decision.

For prisoners frequently violating the detention facility's internal regulations and held separately according to point g, Clause 2, Article 30 of the Law on Enforcement of Criminal Penalties, if they are released from the separate holding cell before completing the probationary period of disciplinary decisions, they must continue to fulfill the remaining period plus an additional two-month probationary period. If the probationary period has ended but they have not been released from the separate holding cell or the release date coincides with the end of the probationary period, the additional two-month probationary period begins from the release date. During the time in the separate holding cell, if the prisoner performs meritorious acts or receives commendation decisions, they can be immediately released and recognized as having made progress in reform.

For prisoners committing new crimes during sentence execution, if they have already been disciplined for that behavior and the new judgment becomes legally effective before the probationary period ends, they will not be recognized as having made progress in reform and will be classified according to the provisions of Clause 3, Article 23 of this Decree.

3. Within three days from the end of the probationary period, if the prisoner does not violate, the head of the detention facility must issue a decision recognizing progress in reform, with the effective date of the decision being the day the prisoner completes the probationary period. If half or more of the probationary period has been completed without violation, and the prisoner performs meritorious acts or receives commendation decisions, they can be immediately recognized as having made progress in reform.

4. Prisoners confined in disciplinary cells are only allowed to carry personal items as prescribed. The disciplinary cell must ensure strict security, adequate lighting, ventilation, and follow the design model of the Ministry of Public Security and the Ministry of National Defense.

5. During confinement in a disciplinary cell, if the prisoner acknowledges their mistake, shows remorse, and commits to correcting it, they may be released early from the cell. In cases of illness, disease, or poor health, a record is made, and they are taken out for treatment. Once their health stabilizes, they may be considered for continued enforcement of the disciplinary measure or released early from the cell.

6. The head of the detention facility decides to recognize the prisoner as having made progress in reform; extend the probationary period; release from the disciplinary cell; continue enforcing the disciplinary decision; postpone or exempt from confinement in a disciplinary cell; change the form of disciplinary measures for the prisoner. All decisions, records, and documents related to discipline are kept in the prisoner's file.

Chapter 6

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

AND THE FAMILY OF THE PRISONER

Article 31. Responsibilities of local authorities

a) Direct, assign local authorities, agencies, departments, social organizations, mass organizations, individuals under their management to cooperate with detention facilities in managing, educating, reforming, motivating, teaching trades, providing job introduction support, loan capital, improving material and spiritual living standards, and assisting prisoners to prepare for reintegration into society upon completion of their sentences;

b) Organize communication, propaganda, education on policies and laws, eliminate discrimination and unequal treatment against prisoners; disseminate experiences and exemplary models in education and assistance for prisoners to reintegrate into society upon completion of their sentences;

c) Annually allocate budget according to the provisions of law for subordinate agencies and units and People's Committees at the district level to serve the coordination work with detention facilities in the education and reform of prisoners and persons who have completed their sentences residing in the locality.

a) Direct, guide, inspect People's Committees at the commune level, agencies, organizations to cooperate with detention facilities in managing, educating, reforming, motivating, improving material and spiritual living standards, and assisting prisoners to prepare for community reintegration in preventing recidivism and law violations;

b) Annually allocate budget according to the provisions of law for subordinate agencies and units and People's Committees at the commune level to serve the coordination work with detention facilities in the education and reform of prisoners and persons who have completed their sentences.

3. Commune People's Committee:

a) Require relatives and families to strictly comply with the provisions of law, internal regulations of detention facilities, fulfill family obligations in motivating, educating prisoners, and preventing law violations;

b) Administer administrative penalties or propose administrative penalties against individuals who violate the law in areas under the management of detention facilities;

c) Notify and exchange information about the relatives and families of prisoners, coordinate in performing tasks when requested; confirm the actual circumstances of the families of prisoners' relatives who are serving sentences, relevant documents and papers to serve as a basis for evaluating the classification of sentence execution and implementing the rights, obligations, and legitimate interests of prisoners.

Article 32. Responsibilities of agencies, organizations, and individuals

1. Detention facilities have the responsibility to coordinate with local authorities, agencies, departments, organizations at all levels to develop regulations, plans, programs for coordinating the organization of contents and activities of educational reform and preparation for community reintegration for prisoners and maintaining order in detention facilities.

a) Cultural and artistic performance programs, film screenings, exhibitions;

b) Coordinate to organize library activities, donate and circulate books and cultural products for prisoner libraries;

c) Coordinate in organizing exchange events, competitions, cultural and artistic performances, physical exercise and sports matches, entertainment activities for prisoners; provide cultural, artistic, physical exercise and sports equipment and entertainment facilities for prisoners;

d) Organize propaganda, promotion, and dissemination of information, policies, and laws to prisoners;

d) Train professional skills in cultural, artistic, physical exercise and sports activities, library operations for staff and soldiers of detention facilities.

3. The Department of Justice coordinates with detention facilities to organize the dissemination, popularization, and education of laws, free legal counseling for prisoners.

5. The Department of Health coordinates with detention facilities to organize healthcare and disease treatment activities for prisoners.

7. Criminal enforcement management agencies under the Ministry of Public Security, criminal enforcement management agencies under the Ministry of National Defense coordinate with functional agencies of the Vietnam Youth Union, the Vietnam Women's Union:

a) Guide and direct detention facilities to coordinate with the Vietnam Youth Union at the provincial level to organize events, communication exchanges, competitions, seminars, legal counseling, life skill education, health check-ups, vocational guidance, and trade training for young prisoners and assist them in preparing for community reintegration;

b) Guide and direct detention facilities with female prisoners to coordinate with the Vietnam Women's Union at the provincial level to organize events, communication exchanges, competitions, seminars, legal counseling, life skill education, health check-ups, vocational guidance, and trade training for female prisoners and assist them in preparing for community reintegration.

8. Civil enforcement management agencies under the Ministry of Justice direct civil enforcement agencies to confirm the results of civil enforcement actions by prisoners, confirm the value of assets seized to ensure enforcement, serving as a basis for evaluating the classification of sentence execution and implementing the rights, obligations, and legitimate interests of prisoners.

9. The State encourages agencies, organizations, enterprises, production bases, and individuals to cooperate with detention facilities to provide resources and create conditions for prisoners to study culture, work, learn trades, pass on trades, obtain production and business loans, and introduce employment opportunities for prisoners.

Article 33. Responsibilities of the prisoner's family

1. The family and relatives of the prisoner shall be responsible for coordinating with the detention facility to promptly educate, encourage, and assist the prisoner in resolving difficulties and obstacles in serving their prison sentence; creating conditions for the prisoner to feel mentally at ease, strive to correct mistakes, and improve through reform; assisting in fulfilling civil responsibilities caused by the actions of their relatives; cooperating in preventing and combating diseases, caring for and treating prisoners when they are sick; receiving and managing prisoners when they are temporarily released from serving their prison sentence for medical treatment.

2. Being present at the detention facility upon request of the head of the detention facility to exchange information and coordinate in education and prepare the prisoner for reintegration into society; promptly informing the detention facility about information affecting the prisoner's compliance with the sentence; violations of internal regulations by the prisoner; not facilitating or covering up the introduction of prohibited items into the place where the prisoner serves their sentence.

3. Not taking advantage of visits to bring persons who are not relatives to meet the prisoner; gathering or organizing large groups of people to places where prisoners serve their sentences, which may affect the security and safety of the detention facility.

4. The State encourages the families of prisoners to support material resources for the education and reform of prisoners, including: textbooks, study materials, school supplies, books, newspapers, television viewing equipment, radio listening equipment, sports and recreational tools, cultural and artistic activities, entertainment services to enhance the material and spiritual life of prisoners.

Section 7

REGULATIONS AND POLICIES FOR PRISONERS

WHO ARE FOREIGN NATIONALS

Article 34. Regulations and policies for foreign national prisoners

Foreign national prisoners shall enjoy the provisions on regulations and policies applicable to Vietnamese prisoners, in addition to having an extra day off on National Day and one day off during the traditional holiday of the country whose nationality the prisoner holds. Except where international treaties to which Vietnam is a party provide otherwise.

Section 8

REGIME FOR STUDENTS SERVING LEGAL MEASURES

EDUCATION AT REFORM SCHOOL

Article 35. Food and clothing regime for students at reform schools

1. Students shall be guaranteed by the State with a monthly standard quantity comprising:

a) 20 kilograms of white rice;

b) 1.5 kilograms of pork;

c) 1.5 kilograms of fish;

d) 0.5 kilograms of sugar;

đ) 0.75 liters of fish sauce;

e) 0.1 kilograms of monosodium glutamate;

g) 0.5 kilograms of salt;

h) 17 kilograms of green vegetables;

i) 0.2 liters of cooking oil;

k) Other condiments equivalent to 0.5 kilograms of white rice;

l) Fuel equivalent to 17 kilograms of firewood or 15 kilograms of coal.

Food, foodstuffs, and fuel must meet quality standards and have average market prices in the locality.

The food regime for students during holidays and festivals shall be implemented according to the law and Clause 1 of Article 149 of the Criminal Enforcement Law 2019.

The principal of the reform school may adjust the above food quantities to suit the actual situation to ensure that students consume the full food standard. The principal of the reform school decides the food regime for sick or ill students based on the proposal of health staff but the total food quantity should not exceed twice the daily standard.

2. The clothing and living supplies provided to each student annually include:

a) Two sets of long pants;

b) One set of uniform long pants;

c) Two sets of undergarments;

d) Two pairs of plastic sandals;

đ) One raincoat made of nylon;

e) One hard hat;

g) One cloth hat;

h) Three face towels;

i) Three toothbrushes;

k) Two personal mats;

l) 800 grams of toothpaste;

m) 3.6 kilograms of soap;

n) 800 milliliters of shampoo.

Upon entering the reform school, students are provided with one mosquito net and one woolen blanket. From Da Nang northward, each student receives an additional warm coat, two pairs of socks, one woolen cap, and one down quilt with a cover weighing no more than 2 kilograms, to be used over two years. For students required to serve for twelve months or longer, they will receive double the amount (excluding the down quilt).

Students may bring into the reform school essential personal items as prescribed by the Ministry of Public Security. Female students are provided with personal hygiene supplies equivalent to 3 kilograms of white rice per student per month.

3. This provision applies uniformly to all students in reform schools.

Article 36. Health Care System for Students at Educational Reform Centers

1. When students arrive at educational reform centers, they shall be organized for medical examination and health monitoring records by the center's healthcare staff. During the period when students are implementing educational measures at the educational reform center, the center shall organize comprehensive health check-ups for students based on specific circumstances, at least once every six months, including: measuring height, weight, average chest circumference, checking heart rate, blood pressure, body temperature, conducting thorough clinical examinations across various specialties, and performing ancillary clinical examinations as prescribed by doctors. The costs for regular health checks for students shall be reimbursed according to the price framework set by the Ministry of Health. The educational reform center shall continuously implement preventive and anti-disease measures; carry out drug rehabilitation programs, prevent infectious diseases, treat HIV/AIDS and other communicable diseases for students. Health examinations for students shall be conducted based on the conditions and time frame for implementing the decision to send them to the educational reform center, the specific situation of each educational reform center, and the results shall be recorded in their files for health management and monitoring. Regular medicine expenses for common illnesses for students shall be provided equivalent to 4 kilograms of white rice per student per month.

2. In cases where students suffer from illness or injury and are treated at the school clinic, if the treatment exceeds the capacity of the clinic, they shall be transferred to another suitable medical facility near the educational reform center for treatment, and their parents or guardians shall be informed and cooperate with the school in caring for and treating the students. If the treatment continues to exceed the capacity of the local medical facility, upon the recommendation of the head of that medical facility, the principal of the educational reform center shall consider and decide on further treatment, while simultaneously reporting to the Criminal Enforcement Management Agency under the Ministry of Public Security. The diet, medication, and supplementary care for students shall be determined by the medical facility.

3. During the period of specialized medical treatment, if a student completes the term of educational measures at the educational reform center, the principal of the educational reform center must issue a certificate confirming completion of the judicial education measures at the educational reform center.

4. State medical facilities have the responsibility to coordinate with educational reform centers in their area to provide medical services to students; to establish or arrange separate areas or rooms for medical examinations and treatments for students, and to set up duty rooms for management staff in accordance with the conditions of the medical facilities.

5. The costs for medical examinations as stipulated in Clause 1, Clause 2, and Clause 4 of this Article shall be covered by the state budget, except in cases where relatives or legal representatives of the students voluntarily pay for medical treatment expenses.

Chapter IV

IMPLEMENTATION OF DECISIONS ON RECEIVING AND TRANSFERRING PERSONS

WHO ARE CURRENTLY SERVING PRISON SENTENCES

Section 1

IMPLEMENTATION OF DECISIONS ON RECEIVING PERSONS

WHO ARE CURRENTLY SERVING PRISON SENTENCES IN FOREIGN COUNTRIES

TO RETURN TO VIETNAM TO SERVE SENTENCES

Article 37. Organization of Implementation of Decisions to Receive Persons Currently Serving Prison Sentences

1. Within five working days from receiving the decision to implement the decision to receive and transfer persons currently serving prison sentences abroad to return to Vietnam to serve their sentences, the competent agency of the Ministry of Public Security responsible for transferring persons serving prison sentences shall send a document to the competent authority of the transferring country to agree on the time, place, and method of receiving and transferring persons currently serving prison sentences (accompanied by execution files) from abroad to Vietnam to serve their sentences.

If the competent authority of the transferring country requests issuance of travel documents for persons currently serving prison sentences abroad to return to Vietnam, the Ministry of Foreign Affairs shall be responsible for directing the competent diplomatic agencies of Vietnam to issue travel permits for those individuals.

2. Organize the reception and escort of transferred persons to detention facilities and complete the procedures for implementing prison sentences in Vietnam.

a) The Ministry of Public Security shall organize a Reception and Transfer Team, consisting of: The representative of the Ministry of Public Security's competent agency for transferring persons serving prison sentences as the Team Leader; representatives of the Criminal Enforcement Management Agency under the Ministry of Public Security; representatives of the Criminal Enforcement Agency of the provincial police where the court issued the decision to receive and transfer persons serving prison sentences abroad to return to Vietnam to serve their sentences; representatives of the Exit-Entry Administration under the Ministry of Public Security; representatives of the Vietnamese diplomatic mission in the foreign country if the reception location is outside Vietnam; Judicial Police; medical personnel; interpreters; and other relevant individuals to perform reception procedures.

b) The reception must strictly follow the procedures and formalities prescribed by law, diplomatic principles, international practices, and ensure absolute safety; verify and receive the correct person named in the court's decision to receive and transfer, accompanied by the execution file and personal items, money, and property (if any), and conduct a health examination of the transferred individual.

The reception must be documented in three copies in Vietnamese, three copies in English, and three copies in the language of the transferring country; signed and confirmed by representatives of the competent authority of the transferring country and representatives mentioned in point a, Clause 2 of this Article.

c) After reception, the Criminal Enforcement Agency of the provincial police where the court issued the decision to receive and transfer shall be responsible for escorting the newly received individual, along with the execution file and personal items, money, and property (if any), to the local detention center managed by their own police force to complete the execution file, list, and report to the Criminal Enforcement Management Agency under the Ministry of Public Security to issue a decision to transfer to a prison to serve the sentence.

Within five working days from the date of receipt of the report document from the Criminal Enforcement Agency of the provincial police, the Criminal Enforcement Management Agency under the Ministry of Public Security must issue a decision to transfer that person to the prison to serve the sentence;

d) The file for transferring a person serving a custodial sentence from abroad to Vietnam to serve the sentence according to the decision of the Criminal Enforcement Management Agency under the Ministry of Public Security must include the effective legal decision on receiving and transferring a person serving a custodial sentence from abroad to Vietnam to serve the sentence, the decision implementing the decision on receiving and transferring issued by the court, and all documents as prescribed in Article 26 of the 2019 Criminal Enforcement Law.

Foreign criminal enforcement documents included in the file for transferring a convicted person to the prison to serve the sentence must be accompanied by a Vietnamese translation certified by an authorized Vietnamese agency.

Article 38. Implementation of the execution of custodial sentences for persons transferred from abroad to Vietnam to serve the sentence

1. The management, detention, educational reform, rights, and obligations of persons serving custodial sentences transferred back to Vietnam to serve the sentence shall be implemented in accordance with the provisions of the Criminal Enforcement Law and other relevant laws of Vietnam.

2. In case of receiving notification of a decision on amnesty, pardon, reduction, exemption from serving the custodial sentence, release, or any other decision or measure by the transferring country concerning the person transferred to Vietnam to serve the sentence leading to a reduction in the term of serving the custodial sentence or release of that person, the lead agency of the Ministry of Public Security responsible for the transfer of persons serving custodial sentences shall immediately send such notification along with a document requesting the competent authority to consider and decide in accordance with Vietnamese law and the relevant international treaty on the transfer of persons serving custodial sentences where both Vietnam and the transferring country are members, or according to a direct agreement between the competent authorities of Vietnam and the transferring country based on the principle of reciprocity but not contrary to Vietnamese law, consistent with international law and practice.

3. Upon receipt of the decision of the competent authority regarding recognition and enforcement of the decision of the transferring country as stipulated in Clause 2 of this Article, the prison currently managing and detaining the prisoner received from abroad to serve the sentence shall be responsible for organizing the enforcement and reporting the results of enforcement to the lead agency of the Ministry of Public Security to inform the competent authority of the transferring country.

Article 39. Notification of the execution status of custodial sentences for persons transferred from abroad to Vietnam to serve the sentence

The prison receiving, managing, and detaining prisoners who are serving custodial sentences transferred from abroad to Vietnam to serve the sentence shall be responsible for notifying the lead agency of the Ministry of Public Security about the results of enforcing the sentence against that person to inform the competent authority of the transferring country in the following cases:

1. The person serving the custodial sentence has been temporarily suspended from serving the custodial sentence, exempted or reduced in the term of serving the custodial sentence, granted amnesty, pardon, or released early with conditions.

2. The person serving the custodial sentence has completed the custodial sentence.

3. The person serving the custodial sentence has escaped from the place of detention.

4. The person serving the custodial sentence has died before completing the custodial sentence.

5. The foreign side requests notification of the execution status of the custodial sentence of the person serving the custodial sentence.

Section 2

IMPLEMENTATION OF THE DECISION ON TRANSFER AND HANDOVER WITH

WHO ARE CURRENTLY SERVING PRISON SENTENCES

Article 40. Agreement on the Implementation of the Decision to Transfer

1. Within five working days from the date of receipt of the decision to enforce the decision to transfer persons serving custodial sentences in Vietnam to another country issued by the competent court, the Ministry of Public Security shall be responsible for sending a notification letter and requesting the competent authority of the receiving country to agree on the time, place, and method of transfer.

2. Within three working days from the date of receipt of the written agreement of the competent authority of the receiving country, the lead agency of the Ministry of Public Security responsible for transferring persons serving custodial sentences shall be responsible for notifying in writing the Criminal Enforcement Management Agency under the Ministry of Public Security, the prison where the person to be transferred is serving the sentence, and related agencies to organize the enforcement according to their respective authorities.

3. In case the transferring country cannot accept the transfer within seven days from the agreed handover date due to objective obstacles, and has notified the Ministry of Public Security about this delay and committed in writing to accept the transfer of the person serving the custodial sentence and to bear all costs arising from the delay in accepting the transfer, the Ministry of Public Security shall be responsible for agreeing with the competent authority of the foreign country to set a new time and place for the transfer. The postponement of implementing the transfer decision shall not exceed fifteen days from the date of receipt of the foreign country's written commitment to accept the transfer.

Article 41. Implementation of the Decision to Transfer

1. Organizing the Escort of the Person to be Transferred

a) The warden of the prison where the person to be transferred is serving the sentence shall be responsible for organizing the escort of the person to be transferred along with certified copies of execution documents in the prisoner's file stamped by the prison, health examination certificates, prisoner health records (if available), inventory lists of personal papers, property, valuables, belongings, and money (if available) of the prisoner to the agreed location and time by the competent authorities of Vietnam and the receiving country to proceed with the handover procedures. The team shall consist of: the warden or deputy warden of the prison as the head of the escort team; criminal enforcement police officers assigned to escort; record-keeping staff;

b) The escort of the person to be transferred must ensure absolute safety; ensuring that the correct individual named in the Court's transfer decision is escorted to the agreed time and place for handover.

2. Organizing the Handover of the Person to be Transferred

a) The handover delegation shall include: the representative of the lead agency of the Ministry of Public Security for the work of transferring persons serving custodial sentences as the head of the delegation; representatives of the Criminal Enforcement Management Agency under the Ministry of Public Security; representatives of the Exit and Entry Management Agency under the Ministry of Public Security; representatives of the Vietnamese diplomatic mission abroad if the transfer takes place outside Vietnam; the warden or deputy warden of the prison where the person to be transferred is serving the sentence; interpreter;

b) The handover process must strictly follow the prescribed legal procedures, diplomatic principles, international practices, and ensure absolute safety; handing over the correct individual named in the Court's transfer decision to the receiving country. The handover must be documented in a protocol consisting of three copies in Vietnamese, three copies in English, and three copies in the language of the receiving country; signed by representatives of the competent authority of the receiving country and representatives mentioned in point a, Clause 2 of this Article.

3. If the transferring country does not accept the transfer beyond seven days from the agreed handover date without a valid reason, the lead agency of the Ministry of Public Security for the work of transferring persons serving custodial sentences shall prepare a record of this matter and immediately notify the court that issued the transfer decision to consider and revoke the decision to enforce the transfer decision, while also informing the transferring country.

4. Within five working days from the date of receipt of the decision to revoke the decision to enforce the transfer issued by the court, the lead agency of the Ministry of Public Security for the work of transferring persons serving custodial sentences shall notify the transferring country, the Criminal Enforcement Management Agency under the Ministry of Public Security, and the prison where the person to be transferred is serving the sentence to continue enforcing the sentence against the person whose transfer decision has been revoked by the court.

Article 42. Notification regarding the exemption, reduction of the term of imprisonment, amnesty, and general pardon for persons serving sentences who have been transferred

1. Upon receiving the decision of the competent authority of Vietnam on the exemption, reduction of the term of imprisonment, amnesty, and general pardon for persons serving sentences who have been transferred, the detention facility managing such person before transfer must immediately notify the Central Agency of the Ministry of Public Security responsible for the transfer of persons serving sentences to inform the competent authority of the foreign country concerned to implement according to the provisions of the international treaty related to the transfer of persons serving sentences between Vietnam and the receiving country, which is a member thereof, or according to the direct agreement between the competent authority of Vietnam and the receiving country based on the principle of reciprocity.

2. Trong trường hợp cần thiết, Cơ quan đại diện Việt Nam ở nước ngoài có trách nhiệm thông tin cho Bộ Công an về việc cơ quan có thẩm quyền của nước ngoài tiếp nhận thực hiện quyết định miễn, giảm thời hạn chấp hành án phạt tù, đặc xá, đại xá của cơ quan có thẩm quyền của Việt Nam.

Chương V

ĐIỀU KHOẢN THI HÀNH

Điều 43. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành từ ngày 15 tháng 11 năm 2024, thay thế Nghị định số 133/2020/NĐ-CP ngày 09 tháng 11 năm 2020 quy định chi tiết thi hành một số điều của Luật Thi hành án hình sự.

2. Quy định chuyển tiếp

a) Kết quả xếp loại chấp hành án phạt tù của phạm nhân trước thời điểm Nghị định này có hiệu lực được tính liên tục với kết quả xếp loại chấp hành án phạt tù sau khi Nghị định này có hiệu lực. Đối với việc xếp loại chấp hành án phạt tù trước ngày 01 tháng 12 năm 2024 vẫn thực hiện theo quy định của Nghị định số 133/2020/NĐ-CP ngày 09 tháng 11 năm 2020 của Chính phủ quy định chi tiết thi hành một số điều của Luật Thi hành án hình sự.

b) Đối với phạm nhân đang thi hành quyết định kỷ luật khiển trách, cảnh cáo hoặc đưa buồng kỷ luật có hiệu lực trước thời điểm Nghị định này có hiệu lực thì thời gian theo dõi, thử thách để được công nhận cải tạo tiến bộ thực hiện theo quy định của Nghị định số 133/2020/NĐ-CP ngày 09 tháng 11 năm 2020 của Chính phủ quy định chi tiết thi hành một số điều của Luật Thi hành án hình sự.

c) Đối với bản cam kết, đơn trình bày hoàn cảnh kinh tế gia đình đặc biệt khó khăn của phạm nhân theo Nghị định số 133/2020/NĐ-CP ngày 09 tháng 11 năm 2020 của Chính phủ quy định chi tiết thi hành một số điều của Luật Thi hành án hình sự và các văn bản hướng dẫn thi hành Luật Thi hành án hình sự mà chưa hết thời hạn 03 năm trước ngày Nghị định này có hiệu lực thi hành thì tiếp tục áp dụng đến hết thời hạn 03 năm đó.

Điều 44. Trách nhiệm thi hành

1. Bộ trưởng Bộ Công an, Bộ trưởng Bộ Quốc phòng có trách nhiệm phối hợp, hướng dẫn, chỉ đạo, tổ chức thực hiện Nghị định này.

2. Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương, các cơ quan, tổ chức và cá nhân có liên quan chịu trách nhiệm hướng dẫn thi hành Nghị định này.