Decree No. 133/2020/NĐ-CP detailing the implementation of certain provisions of the Criminal Enforcement Law

DECREE

Detailed implementation regulations for certain articles 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 Offenses dated June 20, 2012;

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 the Decree detailing the implementation of certain articles of the Criminal Enforcement Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

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, and agencies assigned certain criminal enforcement tasks.

3. Other relevant agencies, organizations, and individuals.

Article 3. Funding to ensure the management of convicts and the implementation of systems and policies for convicts and students

1. Funding to ensure investment in construction, procurement of facilities and equipment, means of service for organizing management and implementing regular health check-ups, medical treatment, healthcare, functional recovery, disease prevention, drug rehabilitation, HIV/AIDS treatment; legal education, civic education, cultural education, vocational training, dissemination of current events, policies, laws, psychological counseling, legal procedure support, cultural, artistic, sports, recreational activities, and the establishment and arrangement of hospital wards for convicts and students shall be provided by 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 assist in investing in infrastructure and implementing systems for convicts. Management and utilization of these funds shall comply with the provisions of the State Budget Law and other related laws.

Chapter II

ORGANIZATIONAL STRUCTURE OF PRISON CAMPS

Article 4. Organization of prison camp management

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

Article 5. Organizational structure of prison camp management

1. The organizational structure of prison camp 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 public security workers, defense workers.

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 standards 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 policies and laws.

2. Detention areas

Detention areas within sub-prison camps include:

a) Detention area for prisoners sentenced to more than 15 years' imprisonment, life imprisonment, and dangerous repeat offenders;

b) 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 remaining time of sentence execution is less than 15 years; dangerous repeat offenders who have served half of their sentence and have had their sentence execution period reduced.

3. Prisons

a) General prisons: Each cell houses no more than 50 prisoners;

b) Special prisons: Each cell houses no more than 08 prisoners;

c) Disciplinary prisons: Each cell houses no more than 02 prisoners under disciplinary measures.

4. Service facilities, including:

a) Facilities serving labor, study, daily activities, medical care; education, reform, vocational training, and skill training for prisoners;

b) Facilities serving work, study, daily activities, and other conditions for officers, non-commissioned officers, soldiers, professional military personnel, police workers, and defense workers employed at the prison camp.

5. 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 invested in and constructed by organizations or individuals within the land managed by the prison camp, handed over to the prison camp for direct management and use 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 legal regulations.

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

- Prison cells built solidly and securely to ensure safety and security as prescribed by the Ministry of Public Security and the Ministry of National Defense.

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

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

6. The Criminal Enforcement Management Agency under the Ministry of Public Security and the Criminal Enforcement Management Agency under the Ministry of National Defense are responsible for managing the organizational structure, staffing, and operations of labor and vocational training areas; deciding on establishment, dissolution, merger, and management of labor and vocational training areas as stipulated in Clause 5 of this Article.

Chapter III

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

REGIME FOR PRISONERS, PREGNANT FEMALE PRISONERS, PRISONERS WITH CHILDREN UNDER 36 MONTHS OLD, AND PRISONERS UNDER 18 YEARS OLD

Article 7. Food Rations for Prisoners

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

Section 1

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 according to legal regulations 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, food rations may be increased but the total amount of food shall not exceed twice the regular daily ration.

Based on the need to ensure the health of prisoners during detention, labor, and study at places of sentence execution, the head of the prisoner 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 rations specified in Clause 1 of this Article, prisoners may use their own gifts and money to supplement their meals, but not exceeding three times the food ration per month for each prisoner and must go through the deposit system and cafeteria serving daily needs for prisoners of the detention facility.

3. Prisoners are guaranteed clean and safe food and drinking water.

4. Each sub-prison camp of the prisoner detention facility must organize at least one collective kitchen. The supply standard 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 types of knives, cutting boards, dishwashing basins, baskets, strainers, bowls, chopsticks for use over 1 year, and other necessary supplies and equipment for meal preparation and distribution to prisoners.

The supply standard for one meal tray for 06 prisoners includes 01 food box, 01 rice pot, 01 soup pot for use over 2 years; 02 plates, 01 dipping sauce bowl, 01 rice ladle, 01 soup ladle for use over 1 year.

The supply standard for one prisoner eating alone includes 01 set of four-compartment food boxes or five-compartment trays made of plastic for holding food and 01 plastic rice spoon for use over 2 years.

5. Prisoners are provided electricity and water for daily use according to prescribed standards.

4. Each sub-camp of the detention facility shall be organized with at least one collective dining kitchen. The standard equipment allocation for a collective kitchen serving 100 inmates includes: 01 food storage cabinet with mesh or glass cover, 03 large frying pans, 01 small frying pan, 01 large pot for a period of 03 years; various types of knives, cutting boards, dishwashing basins, baskets, strainers, bowls, chopsticks for a period of 01 year, and other necessary utensils and equipment for cooking and distributing meals to inmates.

The standard equipment allocation for a meal tray serving 06 inmates includes: 01 food warmer, 01 rice pot, 01 soup pot for a period of 02 years; 02 food plates, 01 dipping sauce bowl, 01 rice ladle, 01 soup ladle for a period of 01 year.

The standard equipment allocation for a single inmate's individual meal tray includes: 01 set of four-compartment plastic containers or a five-compartment plastic tray specifically for holding meals, and 01 plastic rice spoon for a period of 02 years.

5. Inmates shall be provided with electricity and water for daily use according to the prescribed standards.

Article 8. Dress and Appearance Regime for 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 cover weighing no more than two kilograms will be provided in Thua Thien Hue Province and five provinces in the Central Highlands, while quilts made of yarn will be provided in other provinces);

n) One warm coat every three years (provided in Thua Thien Hue Province and five provinces in the Central Highlands, not provided in other central cities and provinces);

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. Medical Care Regime for Prisoners

1. When arriving at detention facilities, prisoners shall be organized for medical examinations and health monitoring records by the medical staff of the detention facility. During the period of serving their sentences, the detention facility shall organize comprehensive health check-ups for prisoners at least once every two years based on the conditions and duration of sentence execution, and specific circumstances, in collaboration with county-level medical examination and treatment centers or police hospitals, military hospitals near the detention facility. Specifically, height, weight, average chest circumference, heart rate, blood pressure, body temperature, and overall clinical examinations across various specialties shall be conducted, and results shall be recorded in the prisoner's file for health management and monitoring. The costs of regular health check-ups 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 protect against natural disasters and accidents.

2. When arriving at detention facilities or when they fall ill or sustain injuries, prisoners shall be examined and treated at the medical facilities within the detention facility. In cases where prisoners suffer from serious illnesses or injuries that exceed the treatment capacity of the facility, the head of the detention facility shall decide to transfer them to higher-level medical examination and treatment centers at the county or provincial level, or military district hospitals for further treatment. If the treatment capacity of provincial-level hospitals or military district hospitals is exceeded, the head of the medical examination and treatment center shall report to the criminal enforcement management agency under the Ministry of Public Security (for detention facilities managed by the Ministry of Public Security) or the criminal enforcement management agency under the Ministry of National Defense (for detention facilities managed by the Ministry of National Defense) for consideration and decision on further treatment, and must inform the relatives or representatives of the prisoner to cooperate in care and treatment. The diet, medication, and supplementary provisions for prisoners receiving treatment outside the detention facility shall be determined by the medical examination and treatment center.

3. County-level, provincial-level, and military hospitals near the detention facility shall allocate land within their premises to build separate treatment areas for prisoners. If there is no available land, they shall arrange a minimum of three separate rooms within the medical examination and treatment center for prisoner treatment, ensuring security, order, and convenience for prisoner management. Hospitals have the responsibility to arrange doctors and nurses to examine and treat prisoners according to regulations. Before planning new hospitals, they must notify the detention facility, coordinate surveys, allocate land, and design construction plans.

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

5. For prisoners showing signs of mental illness or other diseases that reduce their ability to recognize or control their behavior, pending decisions from the provincial People's Court or military court in the region where the prisoner is serving their sentence regarding forensic psychiatric evaluation, the head of the detention facility shall collaborate with provincial or centrally-administered city mental hospitals, psychiatric departments of provincial general hospitals, or military district hospitals near the unit's location to conduct examinations and treatments according to the law.

6. For prisoners with a history of drug addiction and stimulant use, based on the conditions and capabilities of the detention facility to organize medical examinations, health care, and functional recovery, if prisoners test positive for drugs and stimulants, they shall cooperate with relevant agencies to organize rehabilitation according to regulations.

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 staying with 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 it 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, reduced working hours, and medical care as prescribed in Clause 1, Article 51 of the Criminal Execution Law 2019.²For each inmate, the working hours shall be reduced and medical care shall be provided in accordance with Clause 1 of Article 51 of the Criminal Execution Law 2019.

2. The food regimen for children under 36 months old living with their mothers in detention facilities shall be equivalent to that for children under four years old at social welfare institutions as prescribed by current laws; on holidays and Tet, children shall be provided with 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), 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 rations to meet the nutritional needs of children living with their mothers in detention centers or convert them into cash and deposit them 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) Two pairs of sandals per year;

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

g) 01 set of warm clothing/year (provided from Thua Thien Hue province northward and the five Central Highlands provinces, the remaining central cities and provinces will not provide).

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 Law on Children and the Health Insurance Law. In cases of serious illness exceeding the treatment capacity of the infirmary, the detention facility shall process the transfer to state healthcare facilities for treatment, and the head of the detention facility shall decide on the release and escort of the prisoner-mother to accompany and care for the child. Regular medication costs shall not exceed 03 kilograms of white rice per child per month.

The detention facility shall be responsible for paying the actual expenses incurred in medical examinations and treatments for children under 36 months old living with their mothers in detention centers, with examination and treatment funds 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. The 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.

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

1. Prisoners under 18 years old shall be guaranteed the same quantitative food standard as prisoners aged 18 and above, and shall be additionally provided with meat and fish, but not exceeding 20% more than the meat and fish consumption standard of other prisoners.

2. In addition to the clothing and personal item standards for prisoners aged 18 and above, prisoners under 18 years old shall be provided with an additional 800 ml of shampoo per year, one set of long pants 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 weight of no more than 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

DISSEMINATION OF LAWS AND CITIZEN EDUCATION,

DISSEMINATION OF CURRENT EVENTS, POLICIES, AND LAWS;

CULTURAL, ARTISTIC, SPORTS, AND PHYSICAL EDUCATION ACTIVITIES;

TEACHING CULTURE AND VOCATIONAL TRAINING FOR PRISONERS

Article 12. Dissemination of laws and citizen education; dissemination of current events, policies, laws, and cultural, artistic, sports, physical education activities, and entertainment for prisoners

1. Prisons must develop programs, plans, contents, timeframes, and locations for organizing the dissemination and education on laws and citizen education for prisoners during different stages of serving their sentences.

a) Immediately upon arrival to serve their sentence, prisoners shall be disseminated and educated on: Rights and obligations of prisoners; Regulations of the prison; Provisions on items allowed and prohibited in the place of serving the sentence; Cultural living habits, communication, and behavior norms of prisoners; Standards for commendation and classification of sentence compliance; Living conditions, diet, healthcare, labor, and use of labor results; Cultural, artistic, sports, reading, and entertainment activities; Meeting relatives, sending and receiving letters, money, and gifts; Telephone communication; Some contents on moral values and life skills. The training period shall last from four to six days.

b) After being assigned to teams (groups), prisoners shall be disseminated and educated on: Provisions of criminal policy of Vietnam; Suspension, reduction of sentence duration, amnesty, conditional early release, and exemption from serving the sentence; Basic contents of the Constitution, Criminal Enforcement Law, Criminal Code, Criminal Procedure Code, Civil Code, Labor Code, Amnesty Law, Anti-drug Law, Law on Prevention and Control of Viruses Causing AIDS, Vocational Education Law, ... and some contents on moral values and life skills. The training period shall be arranged for one day per week.

c) Prisoners nearing completion of their sentence shall be disseminated and educated on: Policies and regulations of the law related to reintegration into society, production and business loans, career orientation, job search support; Residence Law, Road Traffic Law, inland waterway traffic regulations, provisions on recidivism, dangerous recidivism, expungement of criminal records, protection of national security, public order, social safety, crime prevention, and social evils; Some contents on moral values and life skills; Psychological counseling and support for legal procedures. The training period shall last from five to seven days within two months before the prisoner completes their sentence or before the implementation of the amnesty decision or conditional early release decision.

2. Prisoners under 18 years old, in addition to the training program contents prescribed in Clause 1 of this Article, shall also be educated and disseminated on: Child Law, Youth Law, Education Law, and other legal normative documents related to age and gender.

3. Foreign prisoners shall be educated and disseminated on the laws of the Socialist Republic of Vietnam related to the criminal acts of foreign prisoners. Depending on the level of understanding of Vietnamese language of foreign prisoners, they may be educated and disseminated in Vietnamese, English, or provided with translated materials for foreign prisoners to study and learn; encouraging foreign prisoners to self-study Vietnamese to independently study and learn the educational law and civic education program like other prisoners. The content and materials for educational law and civic education can be translated into English or the language of the country where the prisoner holds citizenship.

4. Teaching culture, legal education, and civic education for deaf, blind, mute, sick, pregnant female prisoners, those on maternity leave, nursing small children, sick, and frequently ill prisoners, or those with physical or mental weaknesses shall be decided by the head of the prison facility for each individual case.

5. Prisons shall organize propaganda, education, and information dissemination for prisoners on the Party's guidelines, State policies, achievements in economic, cultural, and social development, historical, political, economic, and social events commemorating major national and local holidays throughout the year. Propaganda, dissemination, and legal education shall serve the requirements and tasks of prisoner rehabilitation education and community reintegration support.

6. Outside working hours, prisoners shall participate in physical exercise, sports, cultural, artistic activities, reading books and newspapers, listening to the radio, watching television suitable to the actual management and detention conditions and age of the prisoners. Prisoners under 18 years old shall participate in physical exercise, sports, cultural, artistic activities, reading books and newspapers, listening to the radio, and watching television suitable to their age.

7. Learning and teaching materials for the legal education and civic education program for prisoners shall be compiled by the agency managing 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 junior secondary education, the detention facility shall organize regular education programs at the junior 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. If a prisoner is studying cultural subjects and completes their prison term, they may retain their academic results to continue their studies at educational institutions within the national education system.

2. Textbooks and teaching materials shall be used according to the curriculum as prescribed and guided by the Ministry of Education and Training. The time for cultural education for prisoners shall be arranged for one day per week 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 Vietnamese language to prisoners who cannot speak Vietnamese (common language). 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, teaching materials, learning tools, books, newspapers, sports equipment, cultural and artistic activities, and recreational facilities for prisoners, but such support must comply with relevant laws.

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, commanders, chiefs, professional hoodlums, violent criminals, infectious disease patients, drug addicts, or national security offenders may be assigned to assist staff members in teaching literacy programs 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 sending teachers to provide cultural education to prisoners; managing and directing the implementation of cultural education programs, organizing the recognition of completion of literacy programs, compulsory primary education, and issuing junior secondary graduation certificates to prisoners; organizing professional training for staff members providing cultural education to prisoners. The detention facility shall arrange auditoriums and classrooms to ensure teaching and learning for prisoners.

Article 14. Regulations for Staff Participating in Teaching

1. Teachers, staff members, and soldiers providing cultural education, legal education, civic education, legal promotion, and members of the Council for recognizing the completion of literacy programs, compulsory primary education, and junior secondary graduation examinations for prisoners shall be provided with special environment allowances. The allowance for one session (four hours) is equal to 0.25 times the basic salary.

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

Article 15. Vocational Training System for Prisoners

1. Based on the prisoners' ability, educational level, health, gender, labor market, specific conditions, and cooperation potential with organizations and individuals, the detention center organizes general and simple vocational training or improves prisoners' skills. The detention center collaborates with vocational education institutions or vocational training centers (having legal status under the law) to organize vocational training, improve skills, and pass on trades to 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 those nearing completion of their prison terms shall be prioritized for vocational training and skill improvement. Each prisoner can only learn one trade.

3. Plan and Program for Vocational Training of Prisoners.

a) Based on capital targets, annual plans, the detention center develops its own vocational training plan and submits it 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 fields, number of classes, number of prisoner trainees, location, training form, expected training duration and level, budget estimate, and funding source. Prisoners will be trained at the primary level or undergo regular training.

b) Primary Level 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 level training program must ensure scientificity, systematicness, practicality, consistent language usage, ease of understanding, and equivalence to the primary level training objectives stipulated in Clause 1 and Point a, Clause 2, Article 4 of the 2015 Vocational Education Law, aligning with national qualification and technical skill standards.

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

d) The Training Program and Content are reviewed and approved by the Training 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 fields and trades for prisoners based on actual conditions and the labor market.

Section 3

ORGANIZING PRISONERS TO WORK AND UTILIZE LABOR RESULTS

UTILIZATION OF PRISONER LABOR RESULTS

Article 16. Approval and Implementation of Annual Labor Organization Plans

1. Labor System for Prisoners

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

a) Prisoners working must be supervised and managed by the detention center. The working hours of prisoners should not exceed eight hours per day and five days per week, with rest days on Sundays, holidays, and Tet. In exceptional cases or due to vocational training requirements, the Detention Center Director may request additional working hours but not exceeding the legal limit for overtime, 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 entitled to compensatory leave or monetary compensation.

b) Heavy and hazardous jobs listed by law shall not be assigned to male prisoners aged sixty or older, prisoners under eighteen, female prisoners, or prisoners determined by detention center medical staff to be insufficiently healthy (suffering from illness or physical and mental weaknesses).

c) Prisoners are entitled to rest from work in cases where pregnant female prisoners are granted pre- and post-natal leave according to the 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. Organization and Management of Labor and Vocational Training Areas for Prisoners

a) Based on specific detention center conditions, provisions of Clause 1, Article 15 of this Decree, and cooperation needs and capabilities with organizations and individuals as stipulated in Clause 1, Article 33 of the Criminal Enforcement Law, the Detention Center Director prepares proposals, plans, and projects for cooperative labor and vocational training for prisoners in labor and vocational training areas as specified in Point b, Clause 5, 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 Military Region Criminal Enforcement Agency (for detention centers managed by Military Regions) for review, assessment, and approval before organizing labor and vocational training for prisoners.

b) The labor and vocational training area operated by organizations or individuals through cooperation and investment must ensure conditions for management, organization of labor and vocational training, living arrangements, security surveillance, and prisoner detention safety, and comply with guidance and approval from the Head of the Criminal Enforcement Agency under the Ministry of Public Security (for prisons managed by the Ministry of Public Security) or the Head of the Criminal Enforcement Agency under the Ministry of National Defense (for prisons managed by the Ministry of National Defense). Organizations or individuals cooperating must transfer 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 appropriate 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 cover related costs for organizing labor and vocational training during the cooperation period as stipulated by law.

c) Prisoners participating in labor and vocational training in areas 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 regulations, 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 areas operated by cooperating organizations or individuals according to the law, ensuring labor and living conditions, rights of prisoners, and managing the use of funds derived from prisoners' labor results in these areas as stipulated in Article 17 of this Decree.

3. Annual plan for organizing labor and vocational training

The Warden of the prison shall base on specific conditions of the prison and provisions of Clause 1 of Article 15 of this Decree to develop an annual plan for organizing labor and vocational training for prisoners, and submit it to the Criminal Enforcement Agency under the Ministry of Public Security (for prisons managed by the Ministry of Public Security) or the Criminal Enforcement 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 Enforcement Agency under the Ministry of National Defense, and the Head of the Military Region Enforcement Agency are responsible for reviewing and approving the annual labor organization plans of prisons. The annual plan for organizing labor and vocational training for prisoners must include the following basic contents:

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

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

c) Expected results 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 stipulated 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 bases on specific conditions of the prison, cooperation potential with organizations or individuals, and the level, gender, health, nature, and sentence classification of prisoners to organize labor and vocational training for prisoners.

b) During the process of organizing labor and vocational training for prisoners, if there are unforeseeable changes such as natural disasters, fires, epidemics... that prevent the prison from completing assigned targets, the Warden of the prison must 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 Enforcement 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 review and approval for adjusting the annual labor organization plan for prisoners.

5. Accounting work and financial accounting for income and expenditure from organizing prisoners' labor and vocational training activities

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

b) Prisons must fully account for reasonable expenses incurred during the organization of labor and vocational training for prisoners in product cost calculations. Reasonable expenses in organizing labor and vocational training include: material and raw material costs; external labor hire fees (if applicable); electricity and water costs; additional food costs due to heavy or hazardous labor beyond standard government-provided rations (calculated at 15% of the daily ration standard provided by the state budget for heavy or hazardous labor); overtime allowances or weekend work allowances; depreciation of fixed assets used in organizing labor and vocational training; management costs and other direct costs serving prisoners' labor and vocational training activities.

6. Preparation of reports on income and expenditure results and approval of reports on income and expenditure results from prisoners' labor and vocational training activities

a) The report on the results of income and expenditure from the labor and vocational training activities of prisoners in detention centers is a consolidated report on data, situation, and outcomes of income and expenditure from such activities. The warden of the detention center is responsible for compiling the consolidated report and providing detailed explanations regarding the results of income and expenditure during the same period as the annual budget settlement report, to be submitted to the Criminal Enforcement Management Agency 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 Military Region Criminal Enforcement Agency (for detention centers managed by Military Regions).

b) The Director of the Prison Management Police Department under the Ministry of Public Security, the Heads of the Criminal Enforcement Management Agencies under the Ministry of National Defense, and the Heads of the Military Region Criminal Enforcement Agencies are responsible for reviewing and approving the reports on the results of income and expenditure from organizing labor and vocational training for prisoners, and reporting these to the financial management agencies of the Ministry of Public Security, the Ministry of National Defense, and Military Regions for inclusion in the annual budget settlement reports of their respective ministries according to the provisions of the law.

 

Article 17. Utilization of the Results of Labor and Vocational Training of Prisoners

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

1. Allocating 14% to supplement the food allowance for prisoners.

a) Based on this allocated amount, the warden of the detention center decides to increase the daily food allowance for prisoners but not exceeding one-sixth more than the monthly food standard prescribed by law for each prisoner.

b) For prisoners working overtime or on rest days, they shall enjoy a food standard equivalent to twice the regular day's standard (of which one standard is provided by the state budget). Any additional food standard not utilized according to regulations may be stored at the detention center for the prisoner to retrieve upon completion of their sentence.

c) In cases where the supplementary food allowance has been fully allocated as prescribed in Points a and b Clause 1 of this Article and there is still remaining funds, the warden of the detention center shall report to the Head of the Criminal Enforcement Management Agency 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 Military Region Criminal Enforcement Agency for consideration and decision on how to use the remaining funds to purchase communal living supplies for prisoners in detention centers, ensuring transparency, democracy, and clarity, and informing all prisoners through the Self-Management Committee of prisoners.

2. Allocating 2% to establish a Community Reintegration Fund to support counseling and assistance for prisoners upon completion of their sentences. Detention centers shall organize activities to support civic education, legal education, counseling, job placement, and other related activities to facilitate community reintegration for prisoners.

3. Allocating 12% to partially pay wages to prisoners directly participating in production labor and to support prisoners who suffer work-related accidents.

a) Allocating 10% to partially pay wages to prisoners directly engaged in labor.

b) Allocating 2% to support prisoners who suffer work-related accidents.

4. Allocating 22% to supplement the welfare and reward fund of the detention center.

a) 13% to supplement the welfare fund of the detention center to support activities for prisoners to organize cultural, artistic, physical exercise, or sports activities when they are ill, encounter risks, or are treated at infirmaries, clinics, or hospitals as prescribed; supporting activities for prison staff in difficult circumstances when they are ill, encounter risks, suffer work-related accidents, or are treated at medical facilities, organizing cultural, artistic, and sports activities for staff, and supporting other welfare activities of the detention center.

b) 7% to supplement the reward fund of the detention center to reward prisoners with outstanding achievements during the execution of their sentences, with the reward amount not exceeding 2,000,000 VND per prisoner per occasion; rewarding prisoners for outstanding performance in labor and vocational training (exceeding labor quotas, productivity standards, or increasing productivity), with the reward amount equal to half the value of the excess labor day, which prisoners can use to supplement their food, send to relatives or family members, deposit for use at the detention center, or retrieve after completing their sentences; using it to reward detention center staff for outstanding achievements in managing labor organization, education, and vocational training for prisoners, with the total reward amount for staff not exceeding two months' salary based on their rank within the unit annually.

c) 2% to be remitted to the Prison Management Police Department (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) to support annual summary, review, and training activities.

5. Allocating 50% to support reinvestment in detention centers to serve the organization of labor, education, and vocational training for prisoners; enhancing the skills of prisoners preparing to complete their sentences.

a) 40% to create a common investment fund for reinvestment in detention centers to serve education, labor, vocational training, equipment procurement, tools, and construction of infrastructure. For detention centers managed by the Ministry of Public Security, this amount is to be remitted to the Prison Management Police Department; for detention centers managed by the Ministry of National Defense, this amount is to be remitted to the Criminal Enforcement Management Agency under the Ministry of National Defense for the purpose of formulating a general allocation plan.

Annually, based on the investment and procurement needs for equipment, means, labor tools, and construction of material facilities at detention centers, the Director of the Department of Prison Management, Compulsory Education Institutions, and Rehabilitation Schools (for detention centers under the Ministry of Public Security's management), the Head of the Criminal Enforcement Agency under the Ministry of National Defense, and the Head of the Military Region Criminal Enforcement Agency shall be responsible for approving the list and investment plans with a value below five billion dong; they shall also take the lead and coordinate with the financial agencies at the same level to appraise and submit the lists and investment plans with a value above five billion dong for consideration and approval by the leadership of the Ministry of Public Security and the Ministry of National Defense.

The management, utilization, and settlement of funds allocated for investment in projects and plans for purchasing equipment, means, labor tools, and construction of material facilities at detention centers, which have been approved by competent authorities, must be carried out in accordance with the provisions of the law.

b) Ten percent for vocational training and skill enhancement for inmates. The Warden of the detention center must prepare the budget according to the guidelines of the Department of Prison Management, Compulsory Education Institutions, and Rehabilitation Schools (for detention centers under the Ministry of Public Security's management), the Criminal Enforcement Agency under the Ministry of National Defense (for detention centers under the Ministry of National Defense's management), and the Military Region Criminal Enforcement Agency (for detention centers under the Military Region's management), and such budget must be approved by the Heads of these agencies before implementation.

6. Inmates may use the amount specified in point b, Clause 1 and point a, Clause 5 of this Article according to the regulations or deposit it with the detention center and receive it back upon completion of their prison sentence.

7. The results of inmates' labor and vocational training activities, and other activities serving management, custody, and canteen services for inmates, after deducting reasonable expenses that are not subject to corporate income tax and value-added tax.

8. The Warden of the detention center is responsible for

a) Withdrawing, managing, and using the funds derived from the labor results of inmates within the detention center in accordance with the provisions of this Article and relevant legal regulations;

b) Organizing inventory, evaluation of assets, materials, labor capital, implementation results, total income and expenditure from labor activities of the unit, and reporting to the Department of Prison Management, Compulsory Education Institutions, and Rehabilitation Schools (for detention centers under the Ministry of Public Security's management), the Criminal Enforcement Agency under the Ministry of National Defense (for detention centers under the Ministry of National Defense's management), and the Military Region Criminal Enforcement Agency (for detention centers under the Military Region's management). The reporting period starts from 00:00 on December 31 each year.

Section 4

CLASSIFICATION OF PRISON SENTENCE ENFORCEMENT FOR INMATES

Article 18. Periodic Classification of Prison Sentence Enforcement

1. Inmates currently serving a prison sentence shall be reviewed, evaluated, and classified periodically according to: Weekly, monthly, quarterly, six-monthly, and annually, as follows:

a) An inmate who has been assessed and evaluated for attitude and execution results of the prison sentence for four days or more in a week shall be classified weekly. Weekly classification is conducted on Fridays every week. The classification period runs from Saturday of the previous week to Friday of the following week;

b) An inmate who has been classified for three weeks or more in a month shall be classified monthly. Monthly classification is conducted on the 25th of each month. The classification period runs from the 26th of the previous month to the 25th of the following month. If an inmate has served a prison sentence for twenty days in a month, the classification period runs from the 6th to the 25th of that month;

c) An inmate who has been classified for two months or more in a quarter shall be classified quarterly. Quarterly classification for the first quarter is conducted on February 25, for the second quarter on May 25, for the third quarter on August 25, and for the fourth quarter on November 25. The classification period runs from the 26th of the last month of the previous quarter to the 25th of the last month of the following quarter;

d) An inmate who has been classified for four months or more in six months shall be classified six-monthly. Six-monthly classification for the first half-year is conducted on May 25, and for the second half-year on November 25. The classification period for the first half-year runs from November 26 of the previous year to May 25 of the following year; for the second half-year, it runs from May 26 to November 25 of the current year;

đ) An inmate who has been classified for ten months or more in a year shall be classified annually. Annual classification is conducted on November 25 each year. The classification period for a year runs from November 26 of the previous year to November 25 of the following year.

2. The classification period begins from the date of the record of receiving the inmate into the detention center, or the cell management of the temporary detention facility or holding house designated to enforce the prison sentence. If an inmate is transferred between detention facilities, the classification period and results will be counted continuously both before and after the transfer.

3. Each cell of the detention center shall establish a Sub-committee for Classification of Prison Sentence Enforcement for Inmates. The detention facility shall establish a Committee for Classification of Prison Sentence Enforcement for Inmates. The Sub-committee and Committee for Classification of Prison Sentence Enforcement for Inmates shall convene to classify inmates quarterly, six-monthly, and annually. Inmates who perform meritorious deeds shall be considered for a higher classification of prison sentence enforcement. If an inmate appeals against the classification, the Head of the detention facility must respond in writing to the inmate within five working days from the date of receipt of the appeal.

4. The decision on quarterly, six-monthly, and annual classifications and the self-assessment report of the inmate shall be filed in the inmate's file. The Head of the detention facility is responsible for publicly announcing the results of quarterly, six-monthly, and annual classifications to the inmates; and informing the family members or legal representatives of the inmates about the situation of enforcing the prison sentence, six-monthly and annual classifications.

Article 19. Conditions and criteria for classifying the execution of criminal sentences

1. The assessment, evaluation, and decision on the results of classifying the execution of criminal sentences for each prisoner shall be based on their fulfillment of the following responsibilities and obligations:

a) The degree of remorse and recognition of their own crimes;

b) Compliance with court judgments and decisions, decisions of competent authorities in the enforcement of criminal penalties, and other decisions of state agencies;

c) Compliance with the Internal Regulations of the place of detention, relevant laws, and regulations of the place of detention;

d) Participation in educational programs, activities, labor, and vocational training as prescribed;

đ) Remedying the consequences caused by their criminal acts;

e) Fulfillment of other responsibilities and obligations of prisoners as prescribed by the Law on Enforcement of Criminal Penalties and other related laws.

2. Prisoners must fully meet the following criteria for classifying the execution of criminal sentences to be classified as good:

a) Showing remorse, recognizing their crimes, correctly determining their attitude and thoughts, being calm and focused on study and work, striving to progress, demonstrating a spirit of overcoming difficulties, and working hard to become useful members of society;

b) Having a high sense of responsibility, voluntarily and strictly complying with court judgments and decisions, decisions of competent authorities in the enforcement of criminal penalties, and other decisions of state agencies;

c) Strictly adhering to the Internal Regulations of the place of detention, relevant laws, and regulations of the place of detention; truthfully reporting and denouncing criminal acts of others known to them, actively preventing and combating negative attitudes and behaviors of other prisoners;

d) Having a high sense of responsibility, actively participating in labor, strictly complying with the assignments of staff, participating fully in 100% of workdays, performing quality and effective labor, completing 100% of assigned tasks and exceeding quotas or deadlines, successfully completing other urgent tasks, strictly observing labor discipline, safety, and hygiene; having a spirit of helping other prisoners in their work. Having a high sense of responsibility, actively participating in studies, vocational training, and extracurricular educational activities as prescribed; attending classes fully, achieving satisfactory grades or higher, and striving to improve knowledge, understanding, and vocational skills;

đ) Adhering to disciplined, orderly, civilized living habits, cultural communication, and behavior among prisoners; actively and proactively participating in and achieving outstanding results in competitive movements; having a spirit of helping other prisoners progress together;

e) Actively remedying the consequences caused by their criminal acts. If a prisoner is subject to a supplementary punishment of a fine (if applicable), paying court fees, compensating damages, or fulfilling other civil obligations, they must have completed these obligations. In cases where the execution is waived or the judgment declares a temporary deposit to ensure the execution of the sentence, the amount of which is equal to or greater than the amount to be remedied or the assets seized, the civil enforcement agency handling the case confirms that the seized assets are sufficient or exceed the amount required to ensure the execution of the sentence, or the civil enforcement agency has a decision to suspend or terminate the execution of the sentence, then it is considered that the consequences caused by the criminal act have been remedied. In cases where the victim or the legal representative of the victim agrees in writing to waive the debt or confirms receipt of the full amount declared by the judgment, confirmed by the civil enforcement agency handling the case or the People's Committee of the commune where the victim resides, it is considered that the consequences have been remedied.

A prisoner who must fulfill monthly maintenance obligations and, at the time of classification, is confirmed by the People's Committee of the commune where the recipient resides or the civil enforcement agency handling the case that the obligations have been fulfilled up to that point, is considered to have actively remedied the consequences.

When committing a crime, if the prisoner was under 18 years old and the court decided that the parents or legal representatives were responsible for compensating civil damages, and if those individuals have completed the compensation or the prisoner has repeatedly written letters, made phone calls, or directly requested and encouraged the parents or legal representatives to complete the compensation but only partially succeeded, it is considered that the prisoner has actively remedied the consequences.

f) Strictly adhering to other responsibilities and obligations of prisoners as prescribed by the Law on Enforcement of Criminal Penalties and other related laws.

3. Prisoners must fully meet the following criteria for classifying the execution of criminal sentences to be classified as satisfactory:

a) Must meet the criteria specified in points a, c, and f of Clause 2 of this Article;

b) Prisoners must strictly comply with all provisions specified in point b of Clause 2 of this Article. If appealing against court judgments or decisions or other issues related to the execution of criminal sentences, it must be done in accordance with the law;

c) Must meet the criteria specified in point d of Clause 2 of this Article. However, regarding the criterion of exceeding labor quotas or work progress, the prisoner has not yet achieved or consistently achieved this criterion. Regarding the result of participation in studies, the prisoner must achieve at least average grades.

Prisoners who are ill or injured and undergoing treatment; war veterans or disabled veterans; those with disabilities or physical or mental weaknesses; pregnant women or on maternity leave; women with children under 36 months old residing in the prison; elderly men over 70 years old or women over 65 years old; prisoners who are frequently ill or suffering from diseases limiting their ability to participate in labor and study are exempted or given reduced results for their participation in labor and study.

d) Must meet the criteria specified in point đ of Clause 2 of this Article, however, regarding the criterion of outstanding achievements in competitive movements, the prisoner has not yet achieved.

d) As for point e, Clause 2 of this Article, if the prisoner falls into any of the cases without support, unable to identify relatives, belongs to ethnic minorities, lives in remote, border, or island areas with particularly difficult socio-economic conditions, and has a commitment to remedy the consequences after serving the sentence confirmed by the head of the detention facility or voluntarily deposits money from retained earnings, rewards, or proceeds from labor participation to implement such commitment, then it shall be considered as actively remedying the consequences.

If the prisoner's family has particularly difficult economic circumstances, and the prisoner's relatives submit a statement confirmed by the People's Committee at the commune level or their workplace, and the prisoner commits to remedying the consequences after completing the sentence with confirmation from the head of the detention facility, then it shall be considered as actively remedying the consequences caused by their criminal acts. In cases where the prisoner's family has difficult economic circumstances and requests to implement payments in multiple installments at the detention facility, the prisoner must write a commitment, and the prisoner's relatives must submit a letter committing to the deadline and progress of implementation, confirmed by the head of the detention facility, and only upon making the payment according to the commitment will it be considered as actively remedying the consequences. If the commitments are not fulfilled, it will not be considered as actively remedying the consequences. For prisoners who declare particularly difficult family economic circumstances but have a large total amount of money deposited in retention accounts, equal to or higher than the civil obligations they need to fulfill, they should be educated to commit to using part of it for implementation; if they intentionally fail to do so, it will not be considered as actively remedying the consequences.

Foreign prisoners who have not yet remedied the consequences caused by their criminal acts shall be required by the prison warden to write letters to their relatives, which will be sent to the Prison Management Police Bureau, compulsory education facilities, or juvenile rehabilitation schools to transfer to the diplomatic or consular agencies of the country whose nationality the prisoner holds or to international organizations' representative offices in Vietnam for joint resolution.

4. A prisoner is classified as average when they do not meet the criteria for good or satisfactory classification as stipulated in Clauses 2 and 3 of this Article; after a disciplinary violation recognition decision has been made and they have shown improvement; after the temporary suspension of the execution of the sentence has expired but they are not present at the detention facility within the specified time to continue executing the sentence without a valid reason.

5. A prisoner is classified as poor when they do not meet the criteria for sentence execution classification and do not meet the criteria for average or better classification; have not been recognized as having improved through reform; frequently violate the regulations of the detention facility and are isolated; commit new crimes during the execution of the sentence; persistently file illegal complaints about court judgments or decisions despite lawful resolutions; are terminated from the temporary suspension of the execution of the sentence by the court or are recaptured after escaping and returned to continue serving the sentence; fail to report their criminal acts committed before the execution of the sentence and were tried under another judgment; are conditionally released early but are ordered by the court to return to serve the remaining portion of the sentence.

Section 5

HANDLING OF PRISONERS WHO VIOLATE

Article 20. Handling Offenders Who Violate

1. All offenders who violate must be promptly and strictly examined and disciplined according to the law. Each violation act shall only be subject to one disciplinary form. In the same incident involving multiple offenders, each offender shall be disciplined for their own violation act. If an offender commits multiple violations in the same incident, a single disciplinary form shall be applied, not separate forms for each violation.

2. When disciplining offenders, consideration and evaluation must be made to clarify the nature, severity, consequences, motives, purposes, causes of the violations; mitigating and aggravating circumstances of the disciplinary form; the degree of remorse, truthful confession, determination to correct the violation, and efforts to mitigate the consequences, to determine and apply appropriate disciplinary forms. If it is found that the disciplinary decision does not comply with regulations, it must be revoked or changed to align with the nature, severity, and acts of violation.

3. In cases where offenders have multiple mitigating circumstances, show remorse, and commit to actively striving to correct violations or redeem themselves through meritorious deeds, the disciplinary measures may be lighter.

4. Offenders currently executing disciplinary decisions, if transferred to another detention facility, shall continue to execute the disciplinary decision. The head of the detention facility shall decide on, change, or revoke the disciplinary decision of the offender in writing and file the offender's record.

Article 21. Mitigating Circumstances for Disciplinary Forms

Offenders who violate and have any of the following circumstances may be considered for mitigation of the disciplinary form:

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

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

3. Violation due to threats, coercion, compulsion, incitement, or inducement by other offenders; being mentally stimulated by other offenders' violation acts or other objective reasons.

4. Achieving commendable results in the movement to comply with prison sentences, having a reward decision.

5. Elderly offenders, male aged 70 years or older, female aged 65 years or older; disabled or physically or mentally weak; suffering from serious illness, severe illness, or pain; suffering from diseases limiting their ability to recognize and control their actions; female offenders pregnant, on maternity leave, or nursing children under 36 months old; offenders under 18 years old.

Article 22. Aggravating Circumstances for Disciplinary Forms

Offenders who violate and have one or more of the following circumstances must be considered for increased severity of the disciplinary form:

1. Organized violation, being the mastermind, leader, instigator, or active and direct perpetrator of the violation act; directing, threatening, coercing, compelling, inducing, or inciting other offenders to violate.

2. Continuous violation over a long period; repeated or involving many people; using sophisticated, cunning methods; having thuggish, violent characteristics; using weapons or objects with lethal potential; causing significant damage or loss.

3. Not voluntarily or truthfully admitting faults, violations; falsely reporting, deliberately evading, or concealing violations; shielding co-offenders; obstructing the provision of evidence of violations, hindering, opposing, or making difficulties for investigation and handling of violations; retaliating against informants or those providing information, evidence, or objects of violations.

4. Refusing to accept education or correct violations; continuing to violate after being educated, reminded, or disciplined.

5. Exploiting natural disasters, fires, floods, or other extremely difficult situations to violate; violating against persons under 18 years old, pregnant female offenders, offenders on maternity leave; offenders nursing children under 12 months old; offenders who are ill, sick, elderly, disabled, or have limited capacity to recognize and control their actions.

Article 23. Time limit for disciplinary action and enforcement of disciplinary decisions

1. Within three working days from the date of discovering the violation, if the case involves multiple prisoners or is complex requiring investigation and verification time, the time limit for disciplinary action may be extended, but not exceeding seven days. The head of the detention facility must consider and issue a disciplinary decision. The disciplinary decision must clearly state the effective date and be announced to the prisoner.

2. A prisoner subject to a disciplinary decision shall have a probationary period to demonstrate progress in rehabilitation. For a reprimand, the probationary period is one month; for a warning, it is three months; for solitary confinement, it is six months, starting from the effective date of the disciplinary decision, and for solitary confinement, it starts from the date of release from solitary confinement.

3. During the probationary period, if the prisoner does not commit further violations, they will be recognized as having made progress in rehabilitation upon completion of the period. If more than half of the probationary period has been completed without violations and there is a decision to reward, they may be recognized as having made progress in rehabilitation ahead of schedule. In cases of meritorious conduct, they may be immediately recognized as having made progress in rehabilitation. Prisoners who frequently violate rules and are kept in separate confinement will have their probationary period start from the date of release from separate confinement.

If a prisoner has not yet been recognized as having made progress in rehabilitation and receives a new disciplinary decision, the probationary period will be the total of the probationary periods of the old and new disciplinary decisions. If the violation does not warrant disciplinary action, the probationary period may be extended by two months from the end date of the current probationary period.

4. A prisoner confined in a disciplinary cell may only carry personal items as specified. The disciplinary cell must ensure strict security, adequate lighting, ventilation, and follow the design model set by the Ministry of Public Security and the Ministry of National Defense.

5. During confinement in a disciplinary cell, if a prisoner acknowledges their mistake, shows remorse, and commits to improvement, they may be released from the cell ahead of schedule. In cases of illness, disease, or poor health, a record will be made, and they will be taken out for treatment. Once their health stabilizes, their continued disciplinary measures or early release from the cell will be considered.

6. The head of the detention facility decides on recognizing a prisoner's progress in rehabilitation; extending the probationary period; releasing them from the disciplinary cell; continuing the enforcement of the disciplinary decision; postponing or exempting from solitary confinement; changing the form of disciplinary action for the prisoner. All decisions, records, and documents related to discipline are filed in the prisoner's file.

Chapter 6

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

AND FAMILY PARTICIPATION IN PRISONER REHABILITATION EDUCATION

Article 24. Responsibilities of local authorities

1. Provincial People's Committee:

a) Direct, assign local authorities, agencies, organizations, social groups, mass organizations, individuals under their management to cooperate with detention facilities in managing, educating, rehabilitating, motivating, teaching skills, supporting job placement, loan provision, etc., to improve material and spiritual life and assist prisoners preparing to reintegrate into society after completing their sentences;

b) Organize communication, propaganda, education on policies and laws, eliminate discrimination and unequal treatment towards prisoners; disseminate experiences and exemplary models in education and assistance for those who have completed their sentences and are reintegrating into society;

c) Annually allocate budget according to the law for subordinate agencies and district People's Committees to support cooperation with detention facilities in prisoner rehabilitation work and the reintegration of those who have completed their sentences into the community.

2. District People's Committee:

a) Direct, guide, inspect the People's Committees at the commune level, agencies, and organizations to cooperate with detention facilities in managing, educating, rehabilitating, improving material and spiritual life, and assisting prisoners preparing to reintegrate into society to prevent recidivism and law violations;

b) Annually allocate budget according to the law for subordinate agencies and commune-level People's Committees to support cooperation with detention facilities in prisoner rehabilitation work and the reintegration of those who have completed their sentences.

3. Commune People's Committee:

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

b) Administer administrative penalties or propose administrative penalties against persons committing violations in areas under the management of the detention facility;

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

Article 25. Responsibilities of agencies, organizations, and individuals

1. Detention facilities for offenders shall be responsible for coordinating with local authorities, agencies, departments, and organizations at all levels to develop regulations, plans, and programs to organize educational rehabilitation activities and prepare for the reintegration of offenders into society, and maintain order in detention facilities.

2. Provincial and district specialized agencies on culture and sports shall be responsible for coordinating with detention facilities to implement activities to improve cultural and spiritual life, character, ethics, civilized lifestyle, cultural communication, and behavior among offenders:

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) Organizing exchange activities, competitions, sports events, cultural and artistic performances, physical education and sports contests, entertainment activities for offenders; providing cultural, artistic, physical education, and sports equipment for offenders;

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

đ) Training professional knowledge and skills in cultural, artistic, physical education, and sports activities, library operations for staff and soldiers of detention facilities.

3. The Department of Justice shall coordinate with detention facilities to organize legal awareness campaigns, free legal counseling, and support for offenders.

4. The Department of Labor, Invalids, and Social Affairs; the Labor, Invalids, and Social Affairs Office shall coordinate with detention facilities in organizing vocational guidance, skill training, certification issuance for offenders, and receiving social assistance beneficiaries into social welfare centers as prescribed.

5. The Department of Health shall coordinate with detention facilities to organize healthcare and treatment activities for offenders.

6. The Ministry of Public Security, the Ministry of National Defense shall coordinate with the Ministry of Health, the Ministry of Culture, Sports and Tourism, the Ministry of Justice, and the Ministry of Labor, Invalids, and Social Affairs to guide and direct the organization of education, dissemination, and propaganda about Party policies, State laws, legal procedures support; cultural, artistic, physical education, and sports activities, library services, film screenings, exhibitions, entertainment, professional training, and organizing cultural, artistic, physical education, and sports activities, healthcare, labor, and vocational training for offenders.

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

a) Directing and guiding detention facilities to coordinate with provincial-level Vietnam Youth Unions to organize communication activities, exchanges, competitions, seminars, counseling, legal aid, life skills education, health check-ups, vocational guidance, and skill training for young offenders and assist them in preparing for community reintegration;

b) Directing and guiding detention facilities housing female offenders to coordinate with provincial-level Vietnam Women's Unions to organize communication activities, exchanges, competitions, seminars, counseling, legal aid, life skills education, health check-ups, vocational guidance, and skill training for female offenders and assist them in preparing for community reintegration.

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

Article 26. Responsibilities of the prisoner's family

1. The family and relatives of prisoners have the responsibility to cooperate with the detention facility to promptly educate, encourage, and assist prisoners in resolving difficulties and obstacles in serving their sentences; create conditions for prisoners to be mentally at ease, strive to correct mistakes, and improve their reformation; help fulfill civil responsibilities caused by the criminal acts of their relatives; cooperate in preventing and controlling diseases, caring for and treating prisoners when they are sick; receiving and managing prisoners when they are temporarily released from serving their sentences to receive medical treatment at home.

2. Be present at the detention facility upon request of the head of the detention facility to exchange and coordinate in education and prepare prisoners for community reintegration; promptly inform the detention facility about information affecting the execution of sentences by prisoners; violations of internal regulations by prisoners; not to facilitate or cover up the bringing of prohibited items into places where prisoners serve their sentences.

3. Not to take advantage of visits to bring non-relatives to meet prisoners; gather or assemble large groups of people at 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 work of prisoners, including: textbooks, educational materials, study 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 27. Regulations and policies for foreign national prisoners

Foreign national prisoners enjoy the provisions on regulations and policies as those for Vietnamese prisoners, in addition, they are entitled to an extra day off on National Day and one day off during traditional festivals of the country of which the prisoner holds citizenship. Except in cases where international treaties to which Vietnam is a party provide otherwise.

Section 8

REGIME FOR STUDENTS SERVING LEGAL EDUCATIONAL MEASURES AT REFORM SCHOOLS

Article 28. Food and clothing regime for students at reform schools

1. Students are guaranteed by the State with a monthly standard quantity including:

đ) 0.5 kg of sugar;

b) 1.2 kg pork;

c) 1.2 kg fish;

d) 0.5 kg sugar;

đ) 0.75 liters of fish sauce;

e) 0.1 kg monosodium glutamate;

g) 0.5 kg salt;

h) 15 kg green vegetables;

i) 0.2 liters of cooking oil;

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

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

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

The food regime for students on holidays and Tet is 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 does not exceed twice the daily standard.

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

a) 02 sets of long pants;

b) 01 set of uniform long pants;

c) 02 sets of undergarments;

d) 02 pairs of plastic sandals;

đ) 01 raincoat;

e) 01 hard hat;

g) 01 cloth hat;

h) 03 face towels;

i) 03 toothbrushes;

k) 02 personal mats;

l) 800 grams of toothpaste;

m) 3.6 kilograms of soap;

n) 800 milliliters of shampoo.

When entering the reform school, each student is provided with 01 bedsheet and 01 cotton quilt. From Thua Thien Hue northward and five Central Highlands provinces, each student is additionally provided with 01 warm jacket, 02 pairs of socks, 01 woolen hat, and 01 down quilt with a weight not exceeding 2 kg for use over two years. For students who must serve for 12 months or more, they are provided with double the amount (excluding the down quilt).

Students are allowed to bring into the reform school essential personal items as stipulated by the Ministry of Public Security. Female students are provided with necessary hygiene items equivalent to 3 kg of white rice per student per month.

3. These provisions apply uniformly to all students in reform schools.

Article 29. Health Care System for Students at Educational Reform Schools

1. When students arrive at educational reform schools, they shall be organized to undergo medical examinations and have health monitoring forms established by the school's medical staff. During the period when students are implementing educational measures at educational reform schools, the school 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, and conducting thorough clinical examinations across various specialties. The costs for regular health check-ups for students shall be reimbursed according to the price framework set by the Ministry of Health. The educational reform school 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. Medical examinations for students shall be conducted based on the conditions and duration of their stay in the educational reform school, the specific situation of each educational reform school, and the results shall be recorded in their files for health management and monitoring. Regular medicine expenses for common illnesses for students shall be equivalent to 4 kilograms of white rice per student per month.

2. In cases where students suffer from serious illness that exceeds the treatment capacity of the school clinic, they shall be transferred to county or provincial healthcare facilities near the educational reform school for treatment.

Within seven days from the date of transferring the student to higher-level facilities for treatment, the Principal of the educational reform school must report to the Director of the Department of Prison Administration, Compulsory Education Facilities, and Educational Reform Schools under the Ministry of Public Security, and inform the parents or guardians of the student, coordinating with the school to care for and treat the student. The diet, medication distribution, and supplementary nutrition for students during treatment shall be determined by the healthcare facility.

3. If a student completes the term of educational measures at the educational reform school while undergoing treatment at a specialized healthcare facility, the Principal of the educational reform school must issue a certificate confirming the completion of judicial education measures at the educational reform school.

State healthcare facilities have the responsibility to cooperate with educational reform schools in their area to provide medical examinations and treatments for students; to establish or arrange separate areas or rooms for medical examinations and treatments for students, and to set up duty stations suitable for the conditions of the healthcare 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 ADMISSION AND TRANSFER

FOR PERSONS SERVING PRISON SENTENCES

Section 1

IMPLEMENTATION OF DECISIONS ON ADMISSION FOR PERSONS

SERVING PRISON SENTENCES IN FOREIGN COUNTRIES

RETURNING TO VIETNAM TO SERVE SENTENCES

Article 30. Organization of Implementation of Decisions on Admission of Persons Serving Prison Sentences

1. Within five working days from receiving the decision to implement the decision on admission and transfer of persons serving prison sentences abroad to Vietnam to serve their sentences, the competent agency of the Ministry of Public Security responsible for the transfer of 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 admitting and transferring persons serving prison sentences (accompanied by execution files) from abroad to Vietnam to serve their sentences.

In cases where the competent authority of the transferring country requests issuance of entry and exit documents for persons serving prison sentences returning to Vietnam from abroad, the Ministry of Foreign Affairs shall be responsible for directing the competent diplomatic agencies of Vietnam to issue travel documents 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 competent agency of the Ministry of Public Security responsible for the transfer of persons serving prison sentences as the Team Leader; representatives of the Criminal Execution Agency under the Ministry of Public Security; representatives of the Criminal Execution Agency of the Provincial Police where the Court issued the decision to implement the decision on admission and transfer of persons serving prison sentences from abroad to Vietnam to serve their sentences; representatives of the Exit and Entry Management Agency under the Ministry of Public Security; representatives of the Vietnamese Diplomatic Agencies 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 process must strictly follow the prescribed legal procedures, diplomatic principles, international practices, and ensure absolute safety; verify and receive the correct person named in the Court's Reception and Transfer Decision accompanied by the execution file and personal items, money, and property (if any) of the person being received, and conduct a health examination for the person being received.

The reception process 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 Execution Agency of the Provincial Police where the Court issued the decision to implement the decision on admission and transfer shall be responsible for escorting the newly received person along with the execution file and personal items, money, and property (if any) to the local detention center managed by them to complete the execution file, list, and report to the Criminal Execution Agency under the Ministry of Public Security to issue a decision to transfer the person to a prison to serve their sentence.

Within five working days from receiving the report from the Criminal Execution Agency of the Provincial Police, the Criminal Execution Agency under the Ministry of Public Security must issue a decision to transfer the person to a prison to serve their sentence.

d) The dossier for transferring individuals serving criminal sentences from abroad to Vietnam to serve their sentences according to the decision of the Criminal Execution Management Agency under the Ministry of Public Security must include an effective legal decision on receiving and transferring individuals serving criminal sentences from abroad to Vietnam to serve their sentences, the court's decision implementing the reception and transfer, and all documents as stipulated in Article 26 of the 2019 Criminal Execution Law.

Foreign criminal execution documents included in the dossier for transferring sentenced individuals to prison to serve their sentences must be accompanied by a Vietnamese translation certified by an authorized Vietnamese agency.

Article 31. Implementation of the enforcement of criminal sentences for individuals transferred from abroad to Vietnam Male to serve their sentences

1. The management, detention, educational reform, rights, and obligations of individuals serving criminal sentences transferred to Vietnam to serve their sentences shall be implemented in accordance with the provisions of the Criminal Execution Law and other relevant laws of Vietnam.

2. In cases where notifications regarding amnesty, pardon, reduction, or exemption from the term of imprisonment, release, or any other decisions or measures taken by the transferring country concerning individuals transferred to Vietnam to serve their sentences leading to a reduction in the term of imprisonment or release of such individuals, the lead agency of the Ministry of Public Security responsible for the transfer of individuals serving criminal sentences shall immediately send such notifications along with a request for the competent authority to consider and decide in accordance with Vietnamese law and relevant international treaties on the transfer of individuals serving criminal sentences between Vietnam and the transferring country, or according to direct agreements between the competent authorities of Vietnam and the transferring country based on the principle of reciprocity without contravening Vietnamese law and consistent with international law and practice.

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

Article 32. Notification of the execution status of individuals serving criminal sentences transferred from abroad to Vietnam Male to serve their sentences

The prison that receives, manages, and detains prisoners serving criminal sentences transferred from abroad to Vietnam to serve their sentences shall be responsible for notifying the lead agency of the Ministry of Public Security about the enforcement results of such individuals for notification to the competent authority of the transferring country in the following cases:

1. Individuals serving criminal sentences have their sentences temporarily suspended, time reduced, amnestied, pardoned, or released early with conditions.

2. Individuals serving criminal sentences have completed their sentences.

3. Individuals serving criminal sentences have escaped from detention.

4. Individuals serving criminal sentences have died before completing their sentences.

5. The foreign side requests notification of the execution status of individuals serving criminal sentences.

Section 2

ENFORCEMENT OF THE TRANSFER DECISION

FOR PERSONS SERVING PRISON SENTENCES

Article 33. 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 a person serving a custodial sentence 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 custodial sentence, and related agencies to organize the implementation according to their respective authorities.

3. In case the receiving country has not been able to 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 person serving a custodial sentence and pay 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 person serving a custodial sentence.

Article 34. Implementation of the Decision to Transfer

1. Escorting the Person to be Transferred

a) The warden of the prison where the person to be transferred is serving the custodial sentence shall be responsible for organizing the escort of the person to be transferred along with certified copies of enforcement 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 delegation; criminal enforcement police and judicial support officers assigned to escort; file officers;

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

2. Organizing the Handover of the Person to be Transferred

a) The Handover Delegation shall consist of: 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 handover takes place outside Vietnam; the warden or deputy warden of the prison where the person to be transferred is serving the custodial sentence; interpreter;

b) The handover process must strictly follow the prescribed legal procedures, diplomatic principles, international practices, and ensure absolute safety; the correct person named in the Court's Transfer Decision must be handed over to the receiving country.

The handover must be recorded 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 requesting 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 record this fact 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 requesting 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 requesting country, the Criminal Enforcement Management Agency under the Ministry of Public Security, and the prison where the person to be transferred is serving the custodial sentence to continue enforcing the sentence against the person whose transfer decision has been revoked by the court.

Article 35. Notification regarding the exemption, reduction of the term of imprisonment, amnesty, and general pardon for persons serving sentences of imprisonment that 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 of imprisonment that 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 transferring persons serving sentences of imprisonment to inform the competent authority of the foreign country so that it may implement according to the provisions of international treaties related to the transfer of persons serving sentences of imprisonment between Vietnam and the receiving country, or according to direct agreements between the competent authorities of Vietnam and the receiving country based on the principle of reciprocity.

2. In cases where necessary, the Vietnamese representative agency abroad has the responsibility to inform the Ministry of Public Security about the implementation of decisions on the exemption, reduction of the term of imprisonment, amnesty, and general pardon by the competent authority of the foreign country receiving such persons.

Chapter V

IMPLEMENTING PROVISIONS

Article 36. Effective Date

This Decree takes effect from December 25, 2020, replacing Decree No. 117/2011/NĐ-CP dated December 15, 2011, which stipulates the organization of prisoner management and the diet, clothing, accommodation, living conditions, and medical care for prisoners, amended and supplemented by Decree No. 90/2015/NĐ-CP dated October 13, 2015.

Article 37. Responsibility for Implementation

1. The Minister of Public Security and the Minister of National Defense shall be responsible for coordinating, guiding, directing, and organizing the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, relevant agencies, organizations, and individuals shall be responsible for guiding the implementation of this Decree./.