Circular No. 182/2019/TT-BQP stipulates the rules for prisoners meeting relatives; receiving and sending letters; receiving gifts; and contacting relatives by telephone.

CIRCULAR

Regulations on inmates meeting relatives; receiving, sending letters;receiving gifts and contacting relatives by telephone

On the basis of The Criminal Enforcement Law dated June 14, 2019;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Criminal Investigation Department under the Ministry of National Defense;

The Minister of National Defense issues this Circular to regulate the matters concerning inmates meeting relatives; receiving, sending letters; receiving gifts and contacting relatives by telephone.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the visitation; receipt, sending of letters; receipt of gifts and telephonic communication of inmates serving sentences at detention centers and temporary detention facilities under the Military (hereinafter referred to as detention facilities).

Article 2. Applicability

1. This Circular applies to inmates serving sentences at detention facilities under the Military; relevant agencies, units, organizations, and individuals.

2. This Circular does not apply to:

a) Cases of diplomatic visits and consular visits for foreign inmates;

b) Inmates who are being investigated, prosecuted, or tried for other crimes and are held separately.

Chapter II
INMATES MEETING RELATIVES

Article 3. Meeting relatives regime

1. Inmates may meet relatives as prescribed in Clause 1, Article 52 of the Criminal Execution Law, except in cases where they are being disciplined as prescribed in Clause 2, Article 43 of the Criminal Execution Law; inmates under 18 years old may meet relatives as prescribed in Article 76 of the Criminal Execution Law.

2. Inmates who comply well with the detention facility's internal regulations, actively study, work, and follow educational and reform requirements or need to exercise their rights and fulfill their obligations as prescribed by law may have their visiting time extended up to three hours or be allowed to meet their spouse in a private room for up to 24 hours by the head of the detention facility. Inmates who are rewarded or perform meritorious acts may meet relatives an additional time within one month.

3. The head of the detention facility must organize for inmates to meet relatives every day of the week, including holidays. The time for organizing inmate visits is decided by the head of the detention facility.

4. In cases prescribed in Clause 2 of this Article or if inmates have been rated as Excellent for at least four consecutive months prior to review or if family involvement is required for educational and reform purposes, the head of the detention facility may consider and decide to allow inmates to eat meals with relatives in the visiting room for up to 60 minutes. Organizing for inmates to eat meals with relatives must be strictly monitored to ensure absolute safety.

Article 4. Persons eligible to visit inmates

1. Persons eligible to visit inmates include: Grandfathers, grandmothers; paternal and maternal grandparents; biological fathers and mothers; fathers and mothers-in-law; legally adopted fathers and mothers; wives or husbands; biological children, daughters-in-law, sons-in-law, legally adopted children; full brothers and sisters; sisters-in-law and brothers-in-law; sisters and brothers-in-law; aunts, uncles, cousins, nephews, nieces, with no more than three relatives visiting at a time.

2. Representatives from agencies, organizations, or individuals other than those specified in Clause 1 of this Article may visit inmates if the head of the detention facility deems it appropriate for crime prevention and control and inmate management and education.

Article 5. Procedures for visiting inmates

1. The detention facility shall issue a Visit Book for inmates according to a unified model issued by the criminal execution management agency. The Visit Book must be signed and stamped by the head of the detention facility and confirmed by the People's Committee or Public Security Office of the commune where the relative resides or the organization or institution where the relative works or studies.

2. Relatives visiting inmates must be listed in the Visit Book; in cases where the first visit does not have a Visit Book or an individual is not listed in the Visit Book, they must submit a request for visitation confirmed by the People's Committee or Public Security Office of the commune where they reside or the organization or institution where they work or study.

3. Representatives from agencies or organizations as stipulated in Clause 2 of Article 4 of this Circular, when visiting inmates, must submit a letter requesting permission to visit the inmate. The letter must clearly state the inmate to be visited, the visitor, the purpose of the visit, and the visitation time.

4. When visiting, in addition to the application form (for individuals) or the letter (for agencies or organizations), visitors must present one of the following documents: Identity card or citizen identification card; passport; proof of employment as military personnel, workers, or staff if they belong to the armed forces; in cases where visitors do not have personal identification documents, they must submit an application form with a photograph confirmed by the People's Committee or Public Security Office of the commune where they reside or the organization or institution where they work or study, stamped on the form and on the photograph.

5. Spouses of inmates who meet the conditions to visit in a private room as prescribed in Clause 1, Article 52 of the Criminal Execution Law must provide a copy of the marriage registration certificate or a confirmation of marital status from the People's Committee of the commune where the spouse resides.

6. The procedures for visiting foreign inmates are implemented as prescribed in Clause 5, Article 52 of the Criminal Execution Law.

Article 6. Responsibilities of relatives and prisoners during visits

1. Relatives, individuals, representatives of agencies and organizations visiting prisoners must strictly comply with the law, the Regulations of the Detention Facility, the Visiting House Regulations, follow the guidance of officers responsible for organizing visits and other responsible officers. If sending items to prisoners, they must declare a list of items excluding prohibited items and commit to bear responsibility under the law for sending items not in accordance with regulations. They may not bring prohibited items into the visiting house as stipulated by the Minister of National Defense.

2. When relatives, being spouses, meet prisoners in a private room at the visiting house, they must declare personal belongings for responsible officers to inspect; if items are not allowed to be brought in, they must be stored in lockers at the visiting house; they must write a commitment to strictly comply with the Visiting House Regulations, have the responsibility to manage and supervise prisoners during the visit period, prevent prisoners from violating the law, the Regulations of the Detention Facility, implement measures to prevent and control infectious diseases. Female prisoners must implement family planning to ensure the time serving their sentences.

3. During communication, the person meeting the prisoner and the prisoner must use the Vietnamese language; in cases where ethnic minorities and foreigners do not know Vietnamese, they may use another language. Persons with hearing or speech disabilities may use sign language or communication aids but must be inspected by responsible officers before use.

4. Prisoners when meeting relatives must wear provided clothing, ensuring neatness and cleanliness; in cases where newly arrived prisoners have not yet been provided with clothing (as prescribed), they may wear regular long pants and shirts but must be marked "PRISONER"; strictly comply with the Regulations of the Detention Facility, the Visiting House Regulations, and follow the guidance of officers responsible for organizing visits.

Article 7. Responsibilities of officers tasked with organizing visits

1. Officers tasked with organizing visits must be commissioned officers or professional military personnel with qualifications, capabilities, work experience, management and supervision skills, and must be assigned by the Head of the Detention Facility.

2. Officers tasked with organizing visits have the following responsibilities:

a) Accepting and checking the documents of visitors; compiling a list of prisoners to be visited for approval by the Head of the Detention Facility before the visit;

b) If the prisoner refuses to meet the visitor, the officer tasked with organizing visits must record this in a report and inform the prisoner's relatives;

c) Proposing in writing, with the opinion of the warder responsible for the team or group of prisoners, for the Head of the Detention Facility to consider and decide on extending the visitation time for prisoners, allowing them to meet their spouse in a private room for no more than 24 hours;

d) Inspecting items for relatives meeting prisoners at the visiting house and private meeting rooms; if prohibited items are found to be brought into the visiting house, they must be recorded in a confiscation report and reported to the Head of the Detention Facility for handling according to the law;

đ) Accepting and inspecting money and items sent by relatives to prisoners;

e) Managing and supervising prisoners from the start of the visit until its conclusion, handing over to the area guard officer, signing off on the prisoner transfer log;

3. While performing their duties, officers must strictly comply with the law, orders, and regulations. It is strictly forbidden for officers and soldiers to exhibit negative attitudes or behaviors that cause inconvenience in organizing visits; they may not arbitrarily arrange visits or allow prisoners to meet relatives, accept letters or gifts outside the visiting house area; they may not arbitrarily receive or transfer letters or gifts for prisoners; they may not collect any fees while handling visits.

4. Officers tasked with organizing visits must record visit tracking numbers, update complete information, reflect visit conditions for management and storage of documents in accordance with regulations, and report to the Head of the Detention Facility; immediately hand over money, medical supplies, and other items of prisoners (if any) to the responsible manager.

Article 8. Visiting Room for Prisoners

1. Each detention facility shall have a visiting room constructed according to a unified design model, located in a convenient place for managing and supervising prisoners and organizing visits. The visiting room must be equipped with necessary devices and tools to serve the requirements of visits and activities of visitors.

2. The visiting room must display a sign "Prisoner Visiting Room", provide lockers for visitors' belongings, have mailboxes, and post the "Visiting Room Rules" and "List of Prohibited Items from Being Brought into Detention Facilities".

Chapter III
PRISONERS RECEIVING AND SENDING LETTERS AND GIFTS

Article 9. Prisoners Receiving and Sending Letters and Gifts

1. When meeting persons specified in Article 4 of this Circular, prisoners may receive and send letters and gifts according to the provisions of Clause 3, Article 52 of the Criminal Execution Law, but not exceeding 03 kilograms per visit; additionally, each month, prisoners may receive gifts sent through postal services twice according to the provisions of Clause 4, Article 52 of the Criminal Execution Law, not exceeding 03 kilograms per time, if sent once then not exceeding 06 kilograms. In cases where prisoners refuse to accept gifts transferred or sent through postal services, a record must be made and notified to the sender to come and collect them again. Within 15 days from the date of notification, if there is no one to collect, a record must be made and the items destroyed in the presence of the prisoner. Letters and items of prisoners must be thoroughly inspected before being brought into the detention facility; if prohibited items are found, they must be handled according to regulations.

In cases where prisoners have not met their relatives or received gifts as prescribed for a long time, the weight of gifts that can be received may be increased and decided by the Head of the Detention Facility.

2. Prisoners may send two letters per month; if any bad content is discovered before sending, a record must be made and the letter will not be sent.

3. Prisoners who frequently violate the rules of the detention facility are isolated, and those currently under disciplinary action, during the period not yet recognized as having improved behavior, the Head of the Detention Facility may limit the receipt and sending of letters and gifts. The detention facility has the responsibility to inform the relatives of the prisoners about the restrictions on receiving and sending letters and gifts so that they can comply.

4. The detention facility has the responsibility to guide prisoners to notify their relatives of the team or squad where the prisoner is serving the sentence and the list of prohibited items that cannot be sent to the prisoner.

5. For prisoners who are under investigation, prosecution, or trial for other crimes and are isolated, the sending and receiving of letters and gifts shall be carried out according to the regulations of the Law on Temporary Detention.

Article 10. Prisoners Receiving and Using Medicines for Treatment

1. Relatives of prisoners may send medicines and tonics to prisoners when visiting or through postal services, according to the prescription of medical staff at the detention facility or at state health facilities where the prisoner is examined and treated. Medicines sent by relatives to prisoners must have labels clearly indicating the dosage, function, place of production, and expiration date.

2. All types of medicines and tonics sent by relatives to prisoners must be recorded in a logbook and stored separately; medical staff at the detention facility are responsible for inspecting and managing. When prisoners use medicines, medical staff must base it on the illness, treatment plan, and supervise the prisoner's use with the witness of the direct warder. The medicine of which prisoner must be used by that prisoner, and must be noted in the medical record and logbook: "Medicine sent by relatives". Prisoners receiving and using medicines must sign their names; if they cannot write, they must stamp their fingerprints in the medical record or logbook. Expired medicines must be destroyed with a record made, witnessed, signed, or stamped by the prisoner.

3. When prisoners complete their sentences, medical staff must check and return unused medicines to the prisoners and obtain their signatures in the logbook; if prisoners are transferred to another detention facility to continue serving their sentences, the medicines must be handed over along with the prisoner's health file to the receiving unit.

Chapter IV
MANAGEMENT OF DEPOSITED ITEMS; RECEIVING AND USING DEPOSITED MONEY AND MAKING TELEPHONE CONTACTS WITH THE RELATIVES OF PRISONERS

Article 11. Management of Cash and Stored Items

1. Prisoners who have Vietnamese currency, banknotes, foreign currency, gold and silver, jewelry, personal belongings, or other valuable items must deposit them for storage to be managed by the detention facility and will be returned their stored items upon completion of their sentence.

2. In cases where prisoners wish to transfer cash or stored items to their relatives or legal representatives, the detention facility shall be responsible for preparing a handover record either directly or through postal service, with postage fees paid by the prisoner. The record of receiving or returning cash or stored items must accurately describe the quantity, weight, type, shape, size, color, and other characteristics of the items, and be filed in the prisoner's file.

Article 12. Receipt and Use of Cash and Stored Items

1. When visitors bring cash to prisoners, the staff organizing visits shall be responsible for receiving it and signing the receipt form for stored items and "Prisoner Visit Log" together with the visitor. If relatives send money via postal service, the head of the detention facility shall assign staff to collect the money from the post office and then hand it over to the financial department of the managing unit. The staff responsible for storing shall record this in the logbook and inform the prisoner, who will sign and acknowledge the amount on the "Stored Item Receipt and Canteen Purchase Log."

2. Prisoners frequently violating the detention facility regulations may be isolated, and those under disciplinary action may have their purchases at the canteen restricted based on the nature and severity of the violation until they are recognized as making progress in rehabilitation.

3. Rewards, overtime pay, productivity bonuses, and labor compensation as stipulated in Article 34 of the Criminal Execution Law shall be transferred into stored accounts for prisoners to use according to regulations, sent back to relatives, or returned upon completion of the sentence.

4. The monthly additional food purchase funds for each prisoner must comply with Clause 2 of Article 48 of the Criminal Execution Law. Funds spent on essential goods for daily needs do not count towards the additional food purchase funds.

5. When transferring to another detention facility, staff must transfer the stored cash and items to the receiving facility. The handover must be recorded with signatures from both parties and the prisoner.

6. In case of prisoner death, the remaining unused stored funds, stored items, and other personal assets must be clearly noted in the death record and handed over to the relatives or handled according to legal provisions.

Article 13. Prisoners' Telephone Contact with Relatives

1. The detention facility shall cooperate with local telecommunications authorities to install telephones and organize domestic telephone contact between prisoners and their relatives. The call charges shall be calculated based on the rates set by the telecommunications authority and paid by the prisoner from their stored funds.

2. Domestic telephone contact between prisoners and their relatives shall be conducted in accordance with Clause 2 of Article 54 of the Criminal Execution Law; juvenile prisoners under 18 years old may make calls in accordance with Clause 2 of Article 76 of the Criminal Execution Law.

Prisoners who strictly adhere to detention facility regulations and show good performance in work and study may have their monthly domestic telephone calls increased by up to one additional ten-minute call per month at the discretion of the head of the detention facility.

In cases where the prisoner's family encounters natural disasters, enemy attacks, has deceased or seriously ill relatives, or the prisoner lacks medication guaranteed by relatives as prescribed by health authorities, or in other special circumstances, the head of the detention facility may allow the prisoner to make a single call to their relatives without exceeding the allowed duration for one call.

3. Prisoners frequently violating detention facility regulations may be isolated, and those under disciplinary action may have their call durations restricted based on the nature and severity of the violation until they are recognized as making progress in rehabilitation.

4. Prisoners currently serving time in disciplinary cells, or those being investigated, prosecuted, or tried for other crimes, are not permitted to make telephone calls to their relatives.

5. During telephone calls with relatives, prisoners must use the registered phone number and content; they must speak in Vietnamese, except for ethnic minority prisoners and foreigners who do not know Vietnamese.

6. The head of the detention facility shall arrange a call room and assign staff to closely monitor the content of conversations between prisoners and their relatives. If inappropriate content is detected, the call must be terminated; if necessary, a report should be made and disciplinary action proposed.

7. Supervisory staff must fully update information about organizing telephone calls between prisoners and their relatives in the tracking log.

Chapter V
IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from January 22, 2020, and abolishes Chapters II and III of the Military Detention Facility Regulations issued together with Circular No. 132/2012/TT-BQP dated December 7, 2012, by the Minister of National Defense.

Article 15. Responsibility for Implementation

1. The Chief of General Staff, the Director of the Political General Department, heads of agencies, units, organizations, and individuals concerned shall be responsible for implementing this Circular.

2. The Director of the Criminal Investigation Department of the Ministry of National Defense is responsible for leading and coordinating with heads of relevant agencies and units to implement this Circular./.