Circular No. 181/2013/TT-BQP stipulates standards for commendation and classification of prison sentence execution at military prisons and detention centers.

CIRCULAR

Regulations on standards for commendation and classification of execution of criminal sentences in military prisons and detention centers

Hanoi, October 8, 2013

Based on the Criminal Enforcement Law 2010;

Pursuant to the Law on Legislative Regulatory Documents 2008;

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

Considering the proposal of the Director of the Criminal Investigation Department of the Ministry of National Defense,

The Minister of National Defense hereby promulgates the standards for commendation and classification of execution of criminal sentences in military prisons and detention centers as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the standards for commendation in executing criminal sentences, conditions for classification, procedures, formalities, authority to review and decide on classification of execution of criminal sentences for prisoners.

Article 2. Applicability

This Circular applies to prisoners currently serving criminal sentences in military prisons and detention centers; authorities, organizations, and individuals with the authority to review and decide on classification of execution of criminal sentences for prisoners.

Article 3. Principles for evaluation and classification of execution of criminal sentences

1. Ensuring compliance with regulations, objectivity, transparency, fairness, democracy, and continuity in the time of serving criminal sentences.

2. Encouraging prisoners to repent and reform, actively study, cultivate character, labor for rehabilitation, and mitigate the consequences caused by their criminal acts.

3. All prisoners shall be classified when they meet the required conditions and standards; the evaluation and classification must follow the procedures and formalities prescribed in this Circular.

Article 4. Prohibited actions in classification of execution of criminal sentences

1. Misusing positions to classify execution of criminal sentences for prisoners who do not meet the required conditions or fail to classify those who do meet the conditions.

2. Tampering with records and files related to classification of execution of criminal sentences for prisoners; exploiting the classification process to gain personal benefits, thereby infringing upon the legitimate rights and interests of prisoners.

Chapter II

STANDARDS FOR COMMENDATION IN EXECUTION OF CRIMINAL SENTENCES AND CLASSIFICATION OF EXECUTION OF CRIMINAL SENTENCES

Article 5. Standards for commendation in execution of criminal sentences

1. Standard 1

Recognizing the gravity of the crime, sincerely repenting; strictly complying with court judgments and decisions, decisions of the Criminal Enforcement Management Agency of the Ministry of National Defense, the Criminal Enforcement Agency of the Military Region, and the Warden of the prison or detention center; actively compensating for damages, mobilizing family members and relatives to jointly mitigate the consequences caused by criminal acts; truthfully reporting and denouncing crimes, providing truthful information about criminal acts of others known to them, regardless of whether these individuals have been apprehended or are at large.

CLASSIFICATION FOR PRISONERS

Strictly adhering to the Rules and Regulations of Military Prisons, provisions of the prison or detention center; when discovering violations by other prisoners, promptly preventing, combating, and reporting to prison or detention center staff; maintaining disciplined living habits, integrity, and having a sense of helping other prisoners to improve their behavior, work, and studies, thereby promoting a competitive spirit among prisoners.

3. Standard 3

Being self-aware, exemplary, actively working, learning trades, completing assigned targets and quotas, working with discipline, productivity, quality, and contributing innovative ideas applied in management, education, labor, and vocational training, which promote the spirit of competition within the prisoner community.

4. Standard 4

Actively studying, cultivating character, moral cultivation; respecting the lives, health, dignity, and reputation of others; refraining from negative speech or actions that undermine unity and adversely affect other prisoners, striving to become a useful member of society.

Article 6. Classification of Execution of Criminal Sentences

The classification of execution of criminal sentences includes four types: Excellent, Good, Average, Poor.

1. Excellent Type:

 Prisoners are classified as excellent when they meet all four criteria specified in Article 5 of this Circular, including the following content regarding "actively compensating for damages and remedying consequences":

Prisoners have completed supplementary punishments such as fines, paid court fees, and fulfilled other civil obligations, or their seized assets are sufficient to ensure the execution of the sentence. In cases where only part has been fulfilled and the court issues a decision to exempt from further execution, or the victim or their legal representative agrees in writing to waive the debt and cease further demands, which must be confirmed by the People's Committee of the commune where the prisoner resides or the civil enforcement agency handling the case.

For juvenile prisoners whose parents or legal representatives are ordered by the court to compensate for civil damages, if these individuals have completed the compensation or the prisoner has repeatedly written letters, made phone calls, or directly requested and persuaded their parents or legal representatives to fulfill the compensation obligation.

Prisoners who are required to provide monthly maintenance payments must be confirmed by the People's Committee of the commune where the recipient resides or the civil enforcement agency handling the case that they have completed their obligation at the time of classification.

2. Good Type:

Prisoners are classified as good if they meet Criteria 2 and Criterion 4, and their previous consecutive classification was average or better, while Criteria 1 and Criterion 3, if not fully met, must satisfy the following conditions:

a) Regarding the requirement "actively compensating for damages and mobilizing family and relatives to remedy consequences caused by criminal acts," if not fully achieved, the prisoner must commit to continuing the effort. If family members or legal representatives face particularly difficult economic circumstances and cannot assist in compensation and remediation, they must submit a statement. The statement must be confirmed by the People's Committee of the commune where they reside, their workplace, or educational institution, or by the civil enforcement agency responsible for enforcing the judgment.

- In cases where the prisoner has no remaining relatives (as defined in Clause 1, Article 13 of the Military Prison Regulations issued with Circular No. 132/2012/TT-BQP dated December 7, 2012 by the Minister of National Defense) or has relatives but no fixed residence and cannot contact them, they may request someone closely related to write a statement confirmed by the People's Committee of the commune where they reside.

- Foreign prisoners who have not yet completed supplementary punishments such as fines, court fees, compensation, and other civil obligations must be asked by the prison director to make a commitment, call or write letters to their relatives to send to diplomatic or consular agencies of their country or international organizations in Vietnam to cooperate in resolving the issue.

- Commitments to complete supplementary punishments such as fines, court fees, compensation, and other civil obligations, or statements detailing particularly difficult family circumstances, must be written annually for prisoners sentenced to less than three years; every two years for those sentenced to three to five years; every three years for those sentenced to more than five to seven years; every four years for those sentenced to more than seven to ten years; and every five years for those sentenced to more than fifteen to thirty years or life imprisonment. The commitment must specify the timeframe, plan, and specific amounts for compensation and remediation.

b) Regarding the requirement "completing assigned quotas and participating fully in workdays, labor with discipline and productivity," if prisoners suffer from chronic illness, old age (sixty years or older), and thus cannot participate in labor or complete assigned tasks, they must have a written recommendation from medical staff and approval from the prison director.

3. Average Type:

a) Prisoners during the classification period do not meet the conditions for excellent or good classifications or violate the Military Prison Regulations but do not reach the level of disciplinary action starting from a warning.

b) Prisoners in the previous consecutive classification period were classified as poor or improved but still do not meet the criteria for a good classification.

c) Prisoners who fail to fulfill compensation, court fees, or other civil obligations according to their committed plans, except in cases of objective difficulties such as illness, natural disasters, fires, confirmed by the People's Committee of the commune where they reside.

4. Poor Type:

Prisoners who have not properly met the criteria for competing in the execution of criminal sentences or who violated the Military Prison Regulations, detention center regulations, and received disciplinary actions starting from a warning or were reprimanded twice or more; or prisoners who intentionally file complaints against court judgments or decisions contrary to the law without providing evidence to support their complaints.

Article 7. Periods and Regular Classification of Prison Sentence Execution

1. Periods of Classification:

Convicts are classified according to periods: weekly, monthly, quarterly, semi-annually, and annually.

2. Regular Classification

The convict teams or blocks meet to classify prison sentence execution regularly as follows:

a) Weekly classification on the last day of each week.

b) Monthly classification on the 25th day of each month.

c) Quarterly classification for the first quarter on February 25; second quarter on May 25; third quarter on August 25; fourth quarter on November 25.

d) Semi-annual classification for the first six months on May 25; for the last six months on November 25.

đ) Annual classification on November 25.

Article 8. Conditions for Classification of Prison Sentence Execution

1. Time Conditions:

a) The minimum time required for classification during a period must be at least two-thirds of the period's duration: four days for a week; twenty days for a month; two months for a quarter; four months for six months; and eight months for a year.

b) The evaluation period for weekly classification runs from Sunday of the previous week to Saturday of the current week; for monthly classification, it runs from the 26th of the previous month to the 25th of the current month; for the first quarter, it runs from November 26 of the previous year to February 25 of the current year; for the second quarter, it runs from February 26 to May 25; for the third quarter, it runs from May 26 to August 25; for the fourth quarter, it runs from August 26 to November 25 of the current year; for the first six months, it runs from November 26 of the previous year to May 25 of the current year; for the last six months, it runs from May 26 to November 25 of the current year; for annual classification, it runs from November 26 of the previous year to November 25 of the following year.

c) If a convict does not have sufficient time for classification, observations on their attitude and results of sentence execution during the executed time must be noted and recorded for further monitoring.

d) A convict who is indicted, prosecuted, or tried for another crime and subjected to pretrial detention shall not undergo classification. During the pretrial detention period, the warden of the detention center shall make observations and record them in the file. For a convict who is indicted, investigated, prosecuted, or tried for another crime without being subjected to pretrial detention, the classification of prison sentence execution must be carried out as prescribed.

2. Conditions Regarding Rehabilitation Results:

a) Weekly classification is based on the assessment of attitude and results of prison sentence execution throughout the week.

b) Monthly classification is based on the assessment of attitude and results of weekly classifications within the month.

c) Quarterly classification is based on the assessment of attitude and results of monthly classifications within the quarter.

d) Semi-annual classification is based on the assessment of attitude and results of two quarters within the six-month period.

đ) Annual classification is based on the assessment of attitude and results of the first six months and the last six months of the year.

Article 9. Time for the Warden of the Detention Center to Consider Decisions Recognizing Progress in Rehabilitation Discipline Violations

1. In cases where a single reprimand is issued, the minimum time is one month from the date of the disciplinary decision announcement.

2. In cases where two reprimands are issued in a year, the minimum time is two months, calculated from the date of the second disciplinary decision announcement.

3. In cases where a warning is issued, the minimum time is three months, calculated from the date of the warning announcement.

4. In cases where both a reprimand and a warning are issued in a year, the minimum time is four months, calculated from the date of the second disciplinary decision announcement.

5. In cases where confinement in a disciplinary cell is imposed, the minimum time is six months, calculated from the date of release from the disciplinary cell.

6. In cases where warnings are issued two or more times in a year or where both a warning and confinement in a disciplinary cell are imposed in a year, the minimum time is nine months, calculated from the date of the second disciplinary decision announcement or the date of release from the disciplinary cell (if the second disciplinary action is confinement in a disciplinary cell).

7. In cases where three or more disciplinary actions are issued in a year, the minimum time is twelve months, calculated from the date of the final disciplinary decision announcement; if the final disciplinary action is confinement in a disciplinary cell, the calculation starts from the date of release from the disciplinary cell.

Article 10. Classification in cases of meritorious service

For prisoners who have performed meritorious services such as saving another person's life in a dangerous situation or saving property worth 30 (thirty) million dong or more during natural disasters, fires, with confirmation from the agency, unit, organization whose property was saved or the person who was saved (if the individual saved or the property saved does not belong to an agency or organization, there must be confirmation from the People's Committee of the commune); discovering and providing information that helps prisons or detention centers prevent plots against the prison, escape attempts, capturing escaped prisoners or those under temporary detention, preventing criminal acts, or assisting investigative agencies in solving cases, confirmed by the investigative agency, and decided to be rewarded by the Warden, then at that classification period or immediately after that period, they shall be promoted by one level compared to the current classification.

Article 11. Classification of serving a custodial sentence

1. Good category

a) Good for one week:

All days of the week are rated as good.

b) Good for one month:

- Four weeks classified as good (for months with five weeks, the first two weeks are classified as fairly good, the last three weeks are classified as good);

- Three weeks classified as good, one week classified as fairly good, with the final week necessarily classified as good;

- The first two weeks classified as fairly good, the last two weeks classified as good;

- Prisoners serving a custodial sentence for three weeks, all three weeks classified as good or the first week classified as fairly good, the next two weeks classified as good;

- Only classified as good for prisoners whose previous monthly classification was fairly good or good (except in cases of meritorious service).

c) Good for one quarter:

- Three months all classified as good;

- The first month classified as fairly good, the following two months classified as good;

- The first month classified as good, the second month classified as fairly good, the last month classified as good;

- Prisoners serving a custodial sentence for two months, both months classified as good or the first month classified as fairly good, the next month classified as good;

- Only classified as good for prisoners whose previous quarterly classification was fairly good or good (except in cases of meritorious service).

d) Good for six months:

- Both quarters classified as good;

- The first quarter classified as fairly good, the second quarter classified as good;

- Prisoners serving a custodial sentence for four months, all four months classified as good or the first month classified as fairly good, the next quarter classified as good;

- Only classified as good for prisoners whose previous six-month classification was fairly good or good (except in cases of meritorious service).

đ) Good for one year:

- The first six months and the last six months of the year classified as good;

- The first six months classified as fairly good; Quarter III and Quarter IV classified as good;

- Prisoners serving a custodial sentence for eight months, all eight months classified as good or the first two months classified as fairly good and good, the next two quarters classified as good.

e) Not classified as good in the following cases:

- The previous classification was poor or average (except in cases where the previous classification was average and this time it is fairly good and has been recognized as meritorious service with a decision to reward by the Warden);

- The first year for prisoners with three or more prior convictions; the first six months for prisoners with two prior convictions; the first quarter for prisoners with one prior conviction;

- The first quarter for prisoners in temporary detention who violate regulations and are disciplined with a warning or higher;

- The first year for prisoners who commit a new crime during the execution of their sentence, starting from when the judgment on the new crime becomes legally effective.

2. Fairly Good Category

a) Fairly good for one week:

All days of the week are rated as fairly good in terms of attitude and results of serving the custodial sentence.

b) Fairly good for one month:

- Four weeks all classified as fairly good (for months with five weeks, there must be three weeks classified as fairly good, including the last week classified as fairly good);

- The first week classified as average, the following three weeks classified as fairly good;

- Two weeks classified as average, the next two weeks classified as fairly good or good;

- Prisoners serving a custodial sentence for three weeks, all three weeks classified as fairly good or the first week classified as average, the next two weeks classified as fairly good;

- Only classified as fairly good for prisoners whose previous monthly classification was average, fairly good, or good.

c) Fairly good for one quarter:

- Three months in the quarter classified as fairly good;

- The first month classified as average, the following two months classified as fairly good or good;

- The first month classified as fairly good, the second month classified as average, the third month classified as fairly good;

- Prisoners serving a custodial sentence for two months, both months classified as fairly good or the first month classified as average, the next month classified as fairly good;

- Only classified as fairly good for prisoners whose previous quarter classification was average, fairly good, or good.

d) Fairly good for six months:

Both quarters classified as fairly good;

The first quarter classified as good, the second quarter classified as fairly good;

The first quarter classified as average, the second quarter classified as fairly good;

Prisoners serving a custodial sentence for four months, all four months classified as fairly good or the first month classified as average, the next quarter classified as fairly good or good.

đ) Fairly good for one year:

- The first six months and the last six months of the year classified as fairly good;

- The first six months classified as good, the last six months classified as fairly good;

- The first six months classified as average, Quarter III and Quarter IV classified as fairly good or good;

- Prisoners serving a custodial sentence for eight months, all eight months classified as fairly good;

Two months of the previous quarter classified as fairly good or fairly good and good or one month classified as average, the next month classified as fairly good, Quarter III and Quarter IV classified as fairly good.

3. Average Type:

a) Prisoners do not meet the conditions or standards for classification as fairly good.

b) Prisoners who violate prison rules without reaching the level of disciplinary action with a warning or higher will be classified as average for that month; if they violate discipline twice in a quarter but are not disciplined with a warning, including one reprimand, they will be classified as average for that quarter.

c) Prisoners whose previous classification was poor and have a decision by the prison warden recognizing progress in rehabilitation will be classified as average for the subsequent classification period.

4. Poor Type:

a) Prisoners do not meet the conditions for classification as average.

b) Prisoners who are disciplined twice in a quarter with a reprimand will be classified as poor for the weekly, monthly classification period of the second disciplinary action and for that quarter.

c) Prisoners who violate discipline and are disciplined with a warning or higher.

Article 12. Procedures for classifying prisoner's compliance with custodial sentences

1. Prisoners must write self-assessment reports on their efforts to comply with custodial sentences during quarterly, six-monthly, and annual classification periods based on standards for compliance with custodial sentences, stating future goals and self-classifying their compliance level during the classification period. In cases where prisoners cannot write due to illiteracy, another prisoner must read and write the report while the illiterate prisoner points to indicate agreement, with confirmation from the team (block) supervisor; for foreign prisoners who do not know Vietnamese, the supervisor must request them to write the report in English or their native language. The prison director or detention center director organizes the translation of these reports into Vietnamese, with signatures from the translator and confirmation from the prison director or detention center director.

For prisoners who have not yet reached the required time for classification according to the classification periods or are in a temporary detention facility awaiting a decision to execute the custodial sentence, they must also write self-assessment reports, with comments and evaluations of their attitude and results of compliance with the custodial sentence by the supervisor, and confirmed by the prison director or detention center director.

2. Weekly and monthly, supervisory staff organize team (block) meetings to classify; prisoners conduct self-assessments, other prisoners contribute opinions, and vote on classifications by raising hands. Meeting minutes and weekly/monthly classification lists are recorded and kept by supervisory staff.

3. Quarterly, six-monthly, and annually: The team (block) supervisor leads meetings for the team (block) of prisoners to review each prisoner's self-assessment report on compliance with the custodial sentence, with collective participation in contributing opinions and secret ballot voting for classification. Meeting minutes and classification results are signed and confirmed by the supervisor and submitted to the Classification Committee for review and decision.

4. The assessment of classification results for compliance with custodial sentences for prisoners is conducted using forms issued by the Management Agency for Criminal Enforcement under the Ministry of National Defense.

Article 13. Classification Committee for Compliance with Custodial Sentences

1. Military prisons and detention centers establish a Classification Committee for Compliance with Custodial Sentences chaired by the Director, with the Deputy Director serving as the permanent Vice-Chairman, and members including: Political Commissar, Guard Platoon Commander (Judicial Security), Supervision Team Leader, Medical Officer, Detention Assistant - Secretary.

2. The Classification Committee reviews and classifies prisoners' compliance with custodial sentences based on supervisors' recommendations. The committee discusses, provides opinions, and votes on classifications by raising hands, requiring at least two-thirds of committee members to agree.

3. Based on the meeting results, the Director signs a classification decision for each prisoner. The classification decision must be publicly announced to the prisoner and filed in the prisoner's record.

Article 14. Time Limit for Appeals and Responses to Appeals Regarding Classification Results of Compliance with Custodial Sentences

Within five days from receiving the notification of classification results, prisoners have the right to appeal in writing to the Board of Directors. Within five working days from receiving the appeal, the prison or detention center director must respond in writing to the prisoner and file the response in the prisoner's record.

Article 15. Responsibilities for organizing, guiding, urging, inspecting the assessment, evaluation, and classification of prison sentence execution

1. The warden of the detention center or military detention facility must organize for officers, soldiers, and prisoners to study and thoroughly understand the contents of this Circular and strictly implement it, while bearing legal responsibility for the assessment, evaluation, and classification of prison sentence execution for prisoners.

2. When prisoners arrive at the detention center or military detention facility to serve their sentences, the warden must organize for them to study and thoroughly understand and strive to comply well with the standards for commendation and conditions for classification of prison sentence execution set by the Ministry of National Defense.

3. The standards for commendation in prison sentence execution must be displayed on boards and hung in easily visible and readable locations within the detention centers or military detention facilities.

4. The detention assistant is responsible for assisting the Classification Committee in prison sentence execution; guiding wardens to record assessments in each prisoner's score sheet. If the committee's opinion and classification result differ from the warden's recommendation, the reasons must be clearly recorded in the meeting minutes. After the decision on the classification of prison sentence execution is made, all procedures must be completed, the results handed over to the warden to announce to the prisoner; and all decisions, meeting minutes, proposed classification lists, and related documents must be transferred for storage according to regulations.

5. The head of the ward must organize guidance for prisoners to comply well with the commendation standards and monitor the results of commendation in prison sentence execution for prisoners in their respective teams (blocks) throughout the facility; collect meeting minutes and proposed classification lists of prisoners from each team (block); compile reports to present before the Classification Committee in prison sentence execution.

6. Medical staff have the responsibility to confirm the health status and prepare medical records when reviewing and classifying prison sentence execution for sick, injured, or ill prisoners, female prisoners who are pregnant or nursing infants under 24 months old, and those who are sick or injured in the detention center or military detention facility.

7. The warden in charge of the team (block) of prisoners is responsible for organizing meetings for prisoners to review and evaluate the results of prison sentence execution according to this Circular; recording assessments, attitudes towards prison sentence execution, and classification results by secret ballot in each prisoner's score sheet; keeping copies of meeting minutes and proposed classification lists of prisoners in their own team (block). After the warden's decision on classification is made, it must be publicly announced to the prisoners.

Article 16. Archiving documents related to the classification of prison sentence execution

1. The detention assistant is responsible for compiling all relevant documents concerning the classification of prison sentence execution for prisoners mentioned in this Article and handing them over to the archive officer to manage according to regulations. The file includes:

a) Decisions of the warden of the detention center or military detention facility regarding the classification of prison sentence execution for each prisoner (quarterly, first six months of the year, last six months of the year, and annually).

b) Self-assessment sheets of prisoners regarding the classification of prison sentence execution (quarterly, first six months of the year, last six months of the year, and annually); for prisoners who have not yet reached the classification period or are awaiting transfer to serve their sentences in a military detention facility, the self-assessment sheets for the unclassified period (with confirmation by the warden of the detention center or military detention facility) must be kept.

c) Decisions to exempt or reduce fines, court fees, and other related documents concerning the implementation of supplementary penalties such as fines, compensation for damages, court fees, maintenance payments, or other civil obligations.

d) Decisions recognizing that prisoners violating discipline have shown progress in reform, accompanied by the prisoner's self-assessment sheet.

đ) Decisions rewarding prisoners for meritorious service.

e) Certificates of health status and medical records of sick, injured, or ill prisoners.

g) Complaints from prisoners and responses from the warden of the detention center or military detention facility regarding the classification results (if applicable).

h) Other relevant documents (if any).

2. For prisoners serving more than 15 years in prison, five years after they begin serving their sentences, the detention assistant and archive officer must annually compile the classification results into the Prisoner's Classification Result Summary Form according to the prescribed model, report to the warden to establish a record of canceling the classification decisions of the quarters and canceling the previous five-year-old commitments regarding the implementation of supplementary penalties such as fines, compensation for damages, court fees, and other civil obligations (if any).

Article 17. Reporting System

1. Every three months, the warden of the detention center or military detention facility must report the results of the classification of prison sentence execution to the Military Criminal Enforcement Agency of the Military Region or Military Corps.

2. Every six months and annually, the warden of the detention center or military detention facility under the Ministry of National Defense; the Military Criminal Enforcement Agency of the Military Region or Military Corps must report the results of the classification of prison sentence execution to the Department of Criminal Enforcement of the Ministry of National Defense for monitoring and compilation.

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from December 1, 2013, and replaces Decision No. 251/2003/QĐ-BQP dated October 7, 2003, issued by the Minister of National Defense on the issuance of the Regulations on Standards for Commendation and Classification of Commendation in Prison Sentence Execution in Detention Centers and Military Detention Facilities.

Article 19. Responsibility for Implementation

2. During the implementation process, if there are any difficulties, agencies and units shall promptly reflect them to the Ministry of National Defense (through the Military Health Department/MoND) for consideration and resolution./.

2. The Director of the Criminal Investigation Department of the Ministry of National Defense is responsible for guiding and implementing this Circular./.