JOINT CIRCULAR No. 12/TTLB-NV-QP-TC-YT-LĐTBXH GUIDING THE IMPLEMENTATION OF DIET, CLOTHING, HOUSING, AND MEDICAL SERVICES, AS WELL AS PREVENTION OF WORK-RELATED ACCIDENTS AND OCCUPATIONAL DISEASES FOR PRISONERS

CIRCULAR

JOINT MINISTRY OF INTERIOR - DEFENSE - FINANCE - HEALTH - LABOR - WAR INVALIDS AND SOCIAL AFFAIRS GUIDELINES FOR THE IMPLEMENTATION OF DIETARY, CLOTHING, HOUSING REGIMES, ORGANIZATION OF DISEASE PREVENTION AND OCCUPATIONAL SAFETY FOR PRISONERS

HEALTH - LABOR - WAR INVALIDS AND SOCIAL AFFAIRS

Guidelines for implementing dietary, clothing, and housing regimes, organizing medical treatment, disease prevention, and occupational accident prevention for prisoners
- Each cell must have a separate sanitary area (adjacent to the cell) ensuring privacy and hygiene. Public areas in detention centers must always be kept clean and hygienic.

BASED ON THE ENFORCEMENT LAW ON INCARCERATION PUNISHMENTS ON MARCH 20, 1993 AND DECREE NO. 60-CP ON SEPTEMBER 16, 1993 ISSUED BY THE GOVERNMENT REGARDING THE PRISON REGULATIONS, THE JOINT MINISTRIES OF INTERIOR, DEFENSE, FINANCE, HEALTH, LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ISSUE GUIDELINES FOR THE IMPLEMENTATION OF DIETARY, CLOTHING, HOUSING REGIMES, ORGANIZATION OF DISEASE PREVENTION AND OCCUPATIONAL SAFETY FOR PRISONERS AS FOLLOWS:

I. STANDARDS FOR DIET, CLOTHING, AND HOUSING OF PRISONERS

1. DIETARY STANDARDS FOR PRISONERS:

a. MINIMUM MONTHLY DIETARY STANDARDS FOR PRISONERS ARE AS FOLLOWS:

RICE: 15 KG; MEAT: 300 GRAMS; FISH: 500 GRAMS; MEDIUM QUALITY SUGAR: 300 GRAMS; SALT: 800 GRAMS; GREEN VEGETABLES: 15 KG; FISH SAUCE TYPE 2: 1/2 LITER; EQUIVALENT TO 12 KG OF FIREWOOD OR 15 KG OF COAL.

IN CASE A NEWLY ARRIVED FEMALE PRISONER IS FOUND TO BE PREGNANT BUT CANNOT BE TEMPORARILY SUSPENDED FROM SERVING HER SENTENCE, SHE WILL BE PROVIDED WITH THE SAME DIETARY STANDARDS AS OTHER WORKING PRISONERS DURING HER PREGNANCY AND POSTPARTUM PERIOD.

CHILDREN UNDER TWO YEARS OLD OF FEMALE PRISONERS (IF ANY) WILL RECEIVE MONTHLY STANDARDS EQUIVALENT TO THEIR MOTHER'S STANDARDS.

b. ON HOLIDAYS AND FESTIVALS, PRISONERS WILL RECEIVE ADDITIONAL DIETS AS FOLLOWS:

- ON THE LUNAR NEW YEAR, THEY WILL RECEIVE FIVE TIMES THE AMOUNT OF MONEY THAN ON A NORMAL DAY.

- ON NEW YEAR'S DAY, NATIONAL DAY ON SEPTEMBER 2, INTERNATIONAL LABOR DAY ON MAY 1, AND MILITARY DAY (FOR MILITARY PRISONS), THEY WILL RECEIVE THREE TIMES THE AMOUNT OF MONEY THAN ON A NORMAL DAY. CHILDREN UNDER TWO YEARS OLD OF FEMALE PRISONERS (IF ANY) WILL RECEIVE HALF OF THEIR MOTHER'S STANDARDS ON THESE DAYS. ON JUNE 1 AND MID-AUTUMN FESTIVAL, THEY WILL RECEIVE DOUBLE THE AMOUNT OF MONEY THAN ON A NORMAL DAY.

c) ADDITIONAL DIETS FROM FAMILY REMITTANCES AND AWARDS FOR EXCEEDING TARGETS OR INCREASED PRODUCTIVITY SHALL NOT EXCEED THREE TIMES THE REGULAR DIETARY STANDARDS. PRISONERS ARE PROHIBITED FROM CONSUMING ALCOHOL AND STIMULANTS.

d) EACH PRISON OR SUB-PRIORY WILL HAVE A NUMBER OF COLLECTIVE KITCHENS AND WILL BE PROVIDED WITH NECESSARY UTENSILS FOR COOKING, BOILING WATER, AND DISTRIBUTING FOOD INDIVIDUALLY TO EACH PRISONER (ATTACHED AS AN ANNEX). THE PRISONERS WILL MANAGE THE COOKING UNDER THE SUPERVISION OF THE PRISON AUTHORITY.

2. CLOTHING STANDARDS FOR PRISONERS:

a) ANNUALLY, PRISONERS WILL BE PROVIDED WITH THE FOLLOWING CLOTHING STANDARDS: 2 UNIFORMS MADE OF REGULAR FABRIC ACCORDING TO THE MODEL OF THE MINISTRY OF INTERIOR AND DEFENSE, 2 UNDERWEAR SETS, 2 FACE TOWELS, 1 PAIR OF SANDALS. ANNUALLY, THEY WILL BE PROVIDED WITH 1 MAT, EVERY FOUR YEARS WITH 1 MOSQUITO NET, AND 1 BLANKET. IN COLD REGIONS, PRISONERS WILL BE PROVIDED WITH WARM CLOTHES FOR USE OVER FIVE YEARS.

MONTHLY, THEY WILL BE PROVIDED WITH 0.2 KG OF POWDER SOAP.

- FOR PRISONERS IN PRISONS SOUTH OF QUANG NAM-DANANG, THEY WILL BE PROVIDED WITH FIBER BLANKETS; FOR PRISONS NORTH OF THUA THIEN-HUE, THEY WILL BE PROVIDED WITH COTTON BLANKETS NOT MORE THAN 2 KG.

- FEMALE PRISONERS WILL BE PROVIDED WITH AN ADDITIONAL AMOUNT OF MONEY EQUIVALENT TO 12 KG OF RICE ANNUALLY TO PURCHASE NECESSITIES FOR WOMEN'S HYGIENE. IN CASE FEMALE PRISONERS GIVE BIRTH IN PRISON OR MUST BRING THEIR CHILDREN UNDER TWO YEARS OLD INTO PRISON DUE TO SPECIAL CIRCUMSTANCES, THEY WILL BE PROVIDED WITH NECESSITIES FOR CHILDREN'S CLOTHING STANDARDS: 2 UNIFORMS ANNUALLY, 2 CHILDREN'S FACE TOWELS, 1 KG OF POWDER SOAP, AND 5 METERS OF REGULAR FABRIC FOR DIAPERS.

b) WHEN LEAVING PRISON, PRISONERS WILL BE PROVIDED WITH A SET OF REGULAR CLOTHING ACCORDING TO THE MODEL USED DURING THEIR TIME IN PRISON (IF THEY DO NOT HAVE PERSONAL CLOTHING). ALL ITEMS PROVIDED DURING THEIR TIME IN PRISON MUST BE RETURNED TO THE PRISON.

3. HOUSING REGIME FOR PRISONERS:

a) EXCEPT FOR PRISONERS WHO ARE PUNISHED WITH SOLITARY CONFINEMENT, OTHER PRISONERS WILL LIVE IN COLLECTIVE ROOMS OF THE PRISON ACCORDING TO THE REGULATIONS OF THE MINISTRY OF INTERIOR AND DEFENSE. HOUSING FOR PRISONERS MUST ENSURE GOOD AIR CIRCULATION, SANITARY CONDITIONS, AND ENVIRONMENT.

- PRISONERS WILL SLEEP ON WOODEN OR TILED BEDS AT LEAST 40 CM ABOVE THE GROUND. IN ALL CASES, THE BED SPACE MUST BE AT LEAST 2 M², AND FOR PRISONERS WITH CHILDREN UNDER TWO YEARS OLD, THE SPACE MUST BE WIDER THAN 2 M².²- EACH CELL MUST HAVE A SEPARATE SANITARY AREA (NEAR THE CELL) THAT IS SECURE AND SANITARY. IN PUBLIC AREAS OF THE PRISON, THERE MUST BE SANITARY FACILITIES THAT ARE ALWAYS CLEAN.².

OCCUPATIONAL DISEASES FOR PRISONERS

b) EACH PRISON MUST BUILD SOLITARY CONFINEMENT CELLS ACCORDING TO THE MODEL REGULATED BY THE MINISTRY OF INTERIOR AND DEFENSE. SOLITARY CONFINEMENT CELLS MUST ENSURE GOOD AIR CIRCULATION, SUFFICIENT LIGHTING, AND SANITARY CONDITIONS.

II. ORGANIZATION OF DISEASE PREVENTION AND TREATMENT FOR PRISONERS

1. UPON ENTRY INTO THE PRISON, PRISONERS WILL BE EXAMINED AND CLASSIFIED FOR HEALTH STATUS, AND HEALTH RECORDS OR HEALTH CHECK FORMS WILL BE ESTABLISHED TO MONITOR AND PROTECT THEIR HEALTH DURING THE INCARCERATION PERIOD.

ANNUALLY, THE PRISON DIRECTOR WILL COOPERATE WITH LOCAL HEALTH CENTERS OR MILITARY HOSPITALS TO CONDUCT HEALTH CHECKS FOR PRISONERS. THESE HEALTH FACILITIES ARE RESPONSIBLE FOR COOPERATING AND GUIDING THE PREVENTION AND TREATMENT OF DISEASES FOR PRISONERS.

2. PRISONS MUST IMPLEMENT DISEASE PREVENTION REGIMES ACCORDING TO THE HEALTH DEPARTMENT'S REGULATIONS AND ENSURE GOOD SANITARY CONDITIONS IN LIVING, EATING, AND LEARNING AREAS. IN CASE OF DISEASE OUTBREAKS, PRISONS MUST IMMEDIATELY NOTIFY THE NEAREST HEALTH AUTHORITIES (CIVILIAN OR MILITARY) TO SEND MEDICAL STAFF TO HELP CONTAIN THE OUTBREAK.

3. SICK PRISONERS WILL BE EXAMINED AND TREATED AT THE PRISON CLINIC OR HOSPITAL. DIETARY, DRUG, AND MEDICAL SUPPORT REGIMES WILL BE SPECIFIED ACCORDING TO THE DISEASE. THE COST OF COMMON MEDICATIONS WILL BE EQUIVALENT TO 1 KG OF RICE PER PERSON PER MONTH.

IN CASE OF SEVERE ILLNESSES THAT EXCEED THE CAPACITY OF THE PRISON CLINIC, PRISONERS WILL BE TRANSFERRED TO STATE HOSPITALS FOR TREATMENT. THE TREATMENT COSTS WILL BE COVERED BY THE STATE AND REIMBURSED BY THE PRISON TO THE HOSPITAL. THE PRISON DIRECTOR WILL COORDINATE WITH THE LOCAL HEALTH CENTER OR HOSPITAL TO ESTABLISH A SEPARATE ROOM IN THE HOSPITAL FOR PRISONER PATIENTS. THE CONSTRUCTION AND MANAGEMENT OF SUCH ROOMS WILL BE HANDLED BY THE PRISON.

4. EACH PRISON WILL ESTABLISH A CLINIC OR HOSPITAL (DEPENDING ON THE NUMBER OF PRISONERS) TO PROVIDE EXAMINATIONS AND TREATMENTS. THE STAFFING AND ORGANIZATION OF THE CLINIC OR HOSPITAL WILL BE REGULATED BY THE MINISTRY OF INTERIOR AND DEFENSE. THE EQUIPMENT AND BED COUNT OF THE CLINIC OR HOSPITAL WILL BE REGULATED BY THE MINISTRY OF INTERIOR AND DEFENSE AFTER CONSULTATION WITH THE MINISTRY OF HEALTH.

5. During the period of serving a prison sentence, if a prisoner dies, the detention center must comply with Article 28 of the Enforcement Decree on Imprisonment and Clause 20 of the Detention Center Regulations, while also implementing funeral arrangements according to the provisions of the Ministry of Health and ensuring necessary items for burial expenses such as:

- A regular wooden coffin

- A new set of clothes and four meters of shroud fabric

- Incense, candles, alcohol for hygiene when wrapping the body.

III. PREVENTING WORKPLACE ACCIDENTS AND OCCUPATIONAL DISEASES FOR PRISONERS
LAO ĐỘNG NGHỀ NGHIỆP CHO PHỤC HỤNG NGƯỜI BCHP HỌC

1. Depending on specific tasks and working environments, the detention center director and employers shall ensure the provision of necessary personal protective equipment for workers.

2. For prisoners engaged in heavy or hazardous work as defined by the state, their food allowance shall be increased by 1.2 to 2 times compared to the general standard, while their daily working hours shall be reduced compared to those of other prisoners performing normal tasks.

3. In case of workplace accidents or occupational diseases during labor, the detention center director or employer shall promptly organize first aid and treatment for them. The rehabilitation and treatment regimen shall be determined by a physician.

After the treatment period for workplace accidents or occupational diseases, the prisoner shall undergo an examination to determine the degree of loss of working capacity and shall receive a one-time allowance as follows:

If they die, the detention center director shall provide a one-time allowance to the victim's relatives equivalent to twelve months' worth of the average daily labor value when working at the detention center.

All workplace accidents must be reported, documented, investigated, and reported according to the provisions of the law.

4. The detention center director shall organize suitable labor for female prisoners and juvenile prisoners in accordance with their age, gender, and health conditions. These prisoners shall not be assigned to heavy or hazardous work listed in the prohibited list for female and juvenile labor by the state.

5. The cost of labor allowances and occupational disease benefits shall be borne by the unit (or person) employing the labor. If the detention center is the employing unit, this cost shall be provided by the state upon the request of the Ministry of Public Security, the Ministry of Defense.

IV. IMPLEMENTATION

1. This Circular applies to all individuals currently serving sentences in detention centers.

2. The Ministry of Public Security, the Ministry of Defense, the Ministry of Health, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs shall be responsible for implementing this Circular within their respective sectors.

3. This Circular takes effect from the date of issuance.