Joint Circular No. 12/2013/TTLT-BCA-BQP-BTC guiding the labor regime and the use of labor outcomes for prisoners in detention centers

JOINT CIRCULAR

Guidelines on labor regulations and utilization of labor outcomes, vocational training for prisoners in detention centers
Guidelines on labor regulations and utilization of labor outcomes, vocational training for prisoners in detention centers

Based on the Criminal Enforcement Law 2010;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Minister of Public Security, the Minister of National Defense, and the Minister of Finance issue these joint Circulars on labor regulations and utilization of labor outcomes, vocational training for prisoners in detention centers as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint Circulars provide guidelines on the labor regulations for prisoners and the organization of labor for prisoners; the utilization of labor outcomes and vocational training for prisoners in detention centers; ensuring sources of capital and managing and utilizing capital for prisoner labor; responsibilities of detention centers and relevant agencies, units, and individuals.

Article 2. Applicability

These joint Circulars apply to prisoners serving their sentences in detention centers managed by the Ministry of Public Security and the Ministry of National Defense; criminal enforcement agencies under the Ministry of Public Security, criminal enforcement agencies under the Ministry of National Defense, and detention centers, agencies, units, and individuals related to this matter.

Article 3. Principles of Implementation

1. Compliance with the provisions of the Criminal Enforcement Law and other relevant laws; ensuring the policy of leniency and humanity of the State towards prisoners.

2. Ensuring the rights and legitimate interests of prisoners; creating favorable conditions for prisoners to stabilize their lives and reintegrate into society after completing their sentences.

3. Ensuring strict management, economical and effective use, and appropriate purposeful utilization of labor outcomes and vocational training results of prisoners, contributing to improving material and spiritual conditions for detention centers and prisoners to better serve management, education, and rehabilitation work for prisoners.

Chapter II

LABOR REGULATIONS FOR PRISONERS AND THE ORGANIZATION OF LABOR AND VOCATIONAL TRAINING FOR PRISONERS

Article 4. Labor Regulations for Prisoners

1. During the period of serving a prison sentence at a detention center, prisoners have the obligation to engage in labor for rehabilitation and to become useful citizens for society; the Detention Center Director has the responsibility to arrange suitable labor for prisoners according to their age, health, gender, sentence length, nature, and severity of criminal behavior, and to meet the requirements of prisoner management and education.

The daily working hours for prisoners shall not exceed eight hours; in cases involving heavy and hazardous work as defined by law, the daily working hours shall not exceed six hours; prisoners are scheduled to study on Saturdays and rest from labor on Sundays and public holidays as stipulated by law. In exceptional cases or due to seasonal demands, the Detention Center Director may require prisoners to work overtime but not exceeding two hours in one day; prisoners who work overtime or work on Saturdays and Sundays shall be granted compensatory leave or additional monetary or physical compensation.

2. Heavy and hazardous work as defined by law shall not be assigned to prisoners in the following cases:

a) Male prisoners aged 60 years or older;

b) Juvenile prisoners;

c) Female prisoners;

d) Prisoners determined by detention center medical staff to lack sufficient health (due to illness or physical and mental deficiencies) to perform heavy and hazardous work.

3. Prisoners in the following situations shall be granted leave from labor:

a) Pregnant female prisoners shall be granted leave before and after childbirth in accordance with labor law regulations;

b) Prisoners suffering from illness and lacking sufficient health to work, as confirmed by detention center medical staff;

c) Prisoners undergoing treatment at infirmaries, clinics, or hospitals;

d) Prisoners under 36 months old living with their mothers in detention centers who are ill, as confirmed by detention center medical staff.

Article 5. Organizing labor and vocational training for prisoners

1. Establishing annual labor organization plans

Based on the age, health, gender, sentence length, nature, and degree of criminal behavior of prisoners; land conditions, resources, industries, equipment, means, materials, capital that the detention center manages, and specific conditions of the detention center, the Warden of the detention center shall establish an annual labor organization plan for prisoners and send it to the General Department of Police for Criminal Enforcement and Judicial Assistance under the Ministry of Public Security (for detention centers managed by the Ministry of Public Security), the Management Agency for Criminal Enforcement under the Ministry of National Defense (for detention centers managed by the Ministry of National Defense), and the Criminal Enforcement Agency of Military Region (for detention centers managed by Military Regions) before July 5th each year. The annual labor organization plan for prisoners must include the following basic contents:

a) Total number of prisoners, including the number of prisoners meeting the labor conditions stipulated by law;

b) Estimated costs for labor; depreciation of fixed assets;

c) Expected results from prisoner labor; revenue and expenditure differences in organizing prisoner labor;

d) Proposed plan for using the results of prisoner labor as prescribed in Article 8 of this Joint Circular.

2. Approving annual labor organization plans

The Director of the General Department of Police for Criminal Enforcement and Judicial Assistance under the Ministry of Public Security, the Head of the Management Agency for Criminal Enforcement under the Ministry of National Defense, and the Head of the Criminal Enforcement Agency of Military Region have the responsibility to review and approve the annual labor organization plans of detention centers within thirty days from the date of receipt of the draft plan sent by the detention center.

3. Implementing annual labor organization plans

a) Based on the approved labor and vocational training organization plan, the Warden of the detention center shall organize prisoners to work and learn trades and take measures to encourage prisoners to actively participate in labor, promote initiatives, improve techniques, increase labor productivity, and complete and exceed assigned labor targets.

b) During the process of organizing prisoners to work and learn trades, if there are unforeseeable changes such as natural disasters, fires, epidemics... that prevent the detention center from completing assigned targets, the Warden of the detention center shall submit a written report to the General Department of Police for Criminal Enforcement and Judicial Assistance under the Ministry of Public Security (for detention centers managed by the Ministry of Public Security), the Management Agency for Criminal Enforcement under the Ministry of National Defense (for detention centers managed by the Ministry of National Defense), and the Criminal Enforcement Agency of Military Region (for detention centers managed by Military Regions) to request adjustments to the prisoner labor organization plan. The Director of the General Department of Police for Criminal Enforcement and Judicial Assistance under the Ministry of Public Security, the Head of the Management Agency for Criminal Enforcement under the Ministry of National Defense, and the Head of the Criminal Enforcement Agency of Military Region shall consider and decide to adjust the detention center's labor organization plan appropriately in the fourth quarter of each year.

Article 6. Accounting for income and expenditures from organizing prisoner labor and vocational training activities

1. Detention centers must open accounting books and record financial transactions and prepare financial reports according to the accounting system for administrative and public institutions. All income and expenditures from prisoner labor and vocational training activities must be reflected in the detention center's accounting books.

2. Detention centers must fully account for reasonable expenses incurred during the organization of prisoner labor and vocational training in the product cost. Reasonable expenses in organizing labor and vocational training include: material and raw material costs; external labor hire fees (if any); electricity and water costs; additional food costs due to heavy or hazardous labor beyond the standard food allowance provided by the state budget (calculated at 15% of the daily quantitative food standard provided by the state budget for heavy or hazardous labor as prescribed by law); overtime allowances for prisoners working extra hours or on Saturdays and Sundays, allowances for prisoners working overtime or on holidays; depreciation of fixed assets serving the labor and vocational training process, management costs, and other direct costs serving prisoner labor and vocational training activities.

Article 7. Preparing reports on income and expenditure results from labor and vocational training activities of prisoners and approving such reports.

1. The report on income and expenditure results from labor and vocational training activities of prisoners in detention centers is a comprehensive report on data, situation, and outcomes of income and expenditure from these activities. The warden of the detention center is responsible for compiling the comprehensive report and providing detailed explanations about the income and expenditure results according to the attached form of this Circular, concurrently with the quarterly and annual final budget reports, and sending them to the General Bureau of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security (for detention centers managed by the Ministry of Public Security), the Criminal Enforcement Management Agency under the Ministry of National Defense (for detention centers managed by the Ministry of National Defense), and the Criminal Enforcement Agency under the Military Region (for detention centers managed by the Military Region).

2. The Director of the General Bureau of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security and the Head of the Criminal Enforcement Management Agency under the Ministry of National Defense are responsible for reviewing and approving the reports on income and expenditure results from labor and vocational training activities of prisoners in detention centers under their management; consolidating the reports for leadership of the Ministry of Public Security, Ministry of National Defense, and Military Region for consideration and decision-making; and simultaneously sending them to the financial management agencies of the Ministry of Public Security, Ministry of National Defense, and Military Region for monitoring and consolidation into the annual final budget reports of the respective ministries and military regions as prescribed by law.

Chapter III

USE OF LABOR AND VOCATIONAL TRAINING RESULTS OF PRISONERS; SECURING FUNDS AND MANAGING FUNDS FOR PRISONER LABOR IN DETENTION CENTERS

Article 8. Using the results of prisoner labor and vocational training

The results of prisoner labor are the surplus income from organizing labor and vocational training activities of prisoners after deducting reasonable expenses as stipulated in Clause 2 of Article 6 of this Joint Circular, which shall be distributed and used as follows:

1. Allocating 16% to supplement food allowances for prisoners; rewarding prisoners who have outstanding achievements in labor; working overtime, Saturday, and Sunday work, specifically as follows:

a) Supplementing food allowances:

- Based on the extracted funds (from the aforementioned 16%), the warden of the detention center decides to increase daily food allowances for prisoners but not exceeding one-sixth of the monthly food allowance prescribed by law for each prisoner;

- For prisoners working overtime, Saturday, and Sunday work, they will enjoy a food standard equivalent to twice the regular daily food standard (including one regular daily food standard guaranteed by the state budget for each prisoner). If this additional food standard is not utilized as prescribed, prisoners can deposit it at the detention center for retrieval upon completion of their sentences.

a) Rewarding prisoners who have outstanding achievements in labor and vocational training (exceeding labor quotas, productivity standards, or increasing labor efficiency...). The reward amount equals half the value of the excess labor days or increased productivity. Prisoners may use this reward money to send to their families or deposit at the detention center for use as prescribed.

b) In cases where sufficient food supplements have been allocated according to points a and b of Clause 1 of this Article and there is remaining funding, the warden of the detention center shall report to the Director of the General Bureau of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security, the Head of the Criminal Enforcement Agency under the Ministry of National Defense, and the Head of the Criminal Enforcement Agency under the Military Region for consideration and decision on how to allocate the remaining funds to purchase communal living supplies for prisoners in detention centers, ensuring transparency, democracy, and fairness through the prisoner self-management committee.

2. Allocating 10% to establish a community reintegration fund to support prisoners after completing their sentences for community reintegration. This funding (considered as 100%) shall be used as follows:

- Allocating 80% to support prisoners after completing their sentences for community reintegration based on the duration of imprisonment, results of competitive ranking during imprisonment, and family circumstances of the prisoners to determine the level of support; 

- Allocating 20% for detention centers to organize activities preparing prisoners for community reintegration such as civic education, legal education, counseling, job placement assistance, and other related activities.

3. Allocating 15% to supplement the welfare fund of the detention center for:

- Supporting officers and soldiers of the detention center who are in difficult circumstances or when they fall ill, encounter accidents, or suffer work-related injuries; medical treatment at infirmaries, clinics, or hospitals; cultural and sports activities of officers and soldiers of the detention center;

- Supporting prisoners who fall ill or encounter accidents or work-related injuries; medical treatment at infirmaries, clinics, or hospitals; cultural and sports activities of prisoners;

- Supporting other welfare activities of the detention center.

4. Allocating 7% to supplement the award fund of the detention center for:

a) Rewarding prisoners who have outstanding achievements during the execution of their sentences. The reward amount for one prisoner does not exceed 2,000,000 VND per occasion. Prisoners may use this reward money for additional meals, sending to relatives or families, depositing for use at the detention center, or retrieving after completing their sentences.

b) Rewarding officers and soldiers of the detention center who have outstanding achievements in organizing labor, educating, and teaching vocational skills to prisoners. The total amount of rewards for officers and soldiers of the detention center within one year does not exceed two months' salary based on their rank.

5. Allocating 10% to organize training and vocational skill development for prisoners preparing to complete their sentences.

6. Based on the fund sources and actual circumstances, the Warden of the detention center decides and organizes the implementation of expenditure items as prescribed in Clauses 1, 3, and 4 of this Article; in cases where there is surplus funding at the end of the year, it may be transferred to the following year for use. As for the expenditure items prescribed in Clauses 2 and 5 of this Article, the Warden of the detention center must prepare a budget according to the guidelines of the General Bureau of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security (for detention centers managed by the Ministry of Public Security), the Management Agency of Criminal Enforcement under the Ministry of National Defense (for detention centers managed by the Ministry of National Defense), the Criminal Enforcement Agency of Military Region Command (for detention centers managed by Military Region Command) and such budgets must be approved by the Heads of these agencies before implementation.

For detention centers with average labor results per inmate exceeding 1.5 times the general average labor result, they must remit the excess to the General Bureau of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security, the Management Agency of Criminal Enforcement under the Ministry of National Defense, and the Criminal Enforcement Agency of Military Region Command for consideration and redistribution to detention centers with average labor results per inmate lower than half the general average labor result.

7. Dedicate 42% to be remitted to the General Bureau of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security (for detention centers managed by the Ministry of Public Security), the Management Agency of Criminal Enforcement under the Ministry of National Defense (for detention centers managed by the Ministry of National Defense), and the Criminal Enforcement Agency of Military Region Command (for detention centers managed by Military Region Command) for use in the following expenditure items:

a) 2% to establish a common reward fund for detention centers and to support management activities, annual summaries, mid-year reviews, and annual training sessions of the General Bureau of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security, the Management Agency of Criminal Enforcement under the Ministry of National Defense, and the Criminal Enforcement Agency of Military Region Command.

b) 40% to create a common capital investment source for detention centers (to purchase equipment, means, and tools serving education, labor, vocational training, and construction of physical facilities).

Annually, based on the investment and procurement needs of equipment, means, and labor tools, and the construction of physical facilities of detention centers, the Director of the General Bureau of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security, the Head of the Management Agency of Criminal Enforcement under the Ministry of National Defense, and the Head of the Military Region Command have the responsibility to approve the list and investment plan with a value below VND 5 billion, to take the lead and coordinate with the financial agency at the same level to appraise and submit to the leadership of the Ministry of Public Security and the Ministry of National Defense for review and approval of lists and investment plans with a value above VND 5 billion.

The management, use, and settlement of funds retained for investment in projects and plans for the procurement of equipment, means, and labor tools and the construction of physical facilities for detention centers that have been approved by the competent authority must be carried out in accordance with the provisions of the law.

The labor and vocational training results of inmates do not fall within the scope of enterprises required to pay corporate income tax and value-added tax.

9. The Warden of the detention center is responsible for:

a) Withdrawing and managing and using the revenue from the labor results of inmates in the detention center in accordance with the provisions of this Joint Circular and other relevant legal regulations;

b) Organizing the inventory, evaluation of assets, materials, labor capital, implementation of plans, total income and expenditures from labor activities of the unit, and reporting to the General Bureau of Criminal Enforcement and Judicial Assistance under the Ministry of Public Security (for detention centers managed by the Ministry of Public Security), the Management Agency of Criminal Enforcement under the Ministry of National Defense (for detention centers managed by the Ministry of National Defense), and the Criminal Enforcement Agency of Military Region Command (for detention centers managed by Military Region Command). The statistical and reporting period starts from 00:00 on December 31 each year.

Chapter IV

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Joint Circular takes effect from January 20, 2014, and replaces Joint Circular No. 04/2010/TTLT/BCA-BQP-BTC dated January 12, 2010, issued by the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance guiding the labor system and the use of labor results of inmates in detention centers.

Article 10. Responsibility for Implementation

Relevant agencies and units under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance, within their functions, tasks, and authorities, are responsible for organizing the implementation and guiding and supervising the implementation of this Joint Circular.

During the implementation of this Joint Circular, if any issues arise, agencies, units, and localities should report to the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance for timely guidance.