Circular No. 36/2011/TT-BCA Issuing the Prison Regulations

CIRCULAR
Issuing the Prison Regulations

Based on the Criminal Enforcement Law 2010;

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

The Minister of Public Security decides:

Article 1. Issued together with this Circular is the "Prison Regulations" to be applied to prisoners serving their sentences in prisons and temporary detention centers under the People's Public Security.

Article 2. This Circular takes effect from July 11, 2011, and replaces Circular No. 69/2009/TT-BCA-V19 dated November 30, 2009, issued by the Minister of Public Security on the Prison Regulations.

Article 3. Directors of General Police Departments, Heads of units under the Ministry, Provincial Police Chiefs, Heads of criminal enforcement agencies at all levels within the People's Public Security, Wardens of prisons and temporary detention centers within their respective functions, duties, and authorities shall be responsible for organizing the implementation of this Circular.

PRISON REGULATIONS

(Issued together with Circular No. 36/2011/TT-BCA
dated May 26, 2011, of the Minister of Public Security)

In order to maintain strict prison discipline and create favorable conditions for prisoners to serve their sentences, the Minister of Public Security promulgates the Prison Regulations as follows:

Article 1. Prisoners must strictly comply with court judgments and decisions, absolutely obey orders, follow the guidance of prison staff, voluntarily improve themselves, and assist other prisoners in reforming to become useful members of society.

All acts violating laws, prison regulations, or hindering other prisoners from serving their sentences are strictly prohibited. Prisoners have the responsibility to promptly report violations committed by other prisoners.

Article 2. Prisoners must adhere to the prescribed time, signals, and etiquette during daily activities, study, work, rest, and entertainment.

When there is a call to assemble, prisoners must quickly form lines according to their teams and maintain order; in case of an alarm, they must remain in place and strictly follow the instructions of prison staff.

When entering or exiting the prison gate, prisoners must remove their hats and caps and hold them in their right hand, clearly reporting their names, teams, and squads to the responsible staff. If moving in a team or squad, they should walk in pairs; those on the right side must hold their hats and caps in their right hand, while those on the left side must hold them in their left hand; the prisoner team leaders must report the name of the team, squad, and number of people to the responsible staff.

Article 3. In communication among prisoners, prisoners may only use Vietnamese, except for foreign prisoners, ethnic minority prisoners who do not know Vietnamese, and must address each other as "I," "you," or "sister."

When encountering staff, visitors, or individuals conducting business with the prison, prisoners must stand at attention between 5 meters and 7 meters away, remove their hats and caps and hold them in their right hand, salute the staff or guests. If a team or squad of prisoners encounters staff or guests, the prisoner team leader must shout for everyone to stand at attention, remove their hats and caps, and represent the group to salute the staff or guests. Prisoners must address staff as "I" and "staff," and guests as "I" and "guests."

Article 4. Prisoners must lie in the designated bed in the cell, maintain cleanliness in their living quarters and public areas; they may not move beyond the prescribed area without permission; they must undergo roll call and inspection daily by prison staff.

Prisoners are forbidden to change beds arbitrarily or engage in actions that disrupt prison security and order.

Article 5. Prisoners may bring into their cells clothing, quilts, mosquito nets, mats, towels, shoes provided by the prison, one set of regular clothes, one personal pillow, a plastic cup, a toothbrush, toothpaste, a plastic comb, hair clips, white paper, a pen, prescription glasses with plastic frames, medication as prescribed by prison medical staff, feminine hygiene items, and daily necessities for children (if children are staying with their parents in the prison) and a bag for storing items as specified.

Items such as gold, silver, foreign currency, Vietnamese currency, stocks, bonds, watches, precious jewelry, machinery, equipment, identification cards, household registration books, passports, diplomas, certificates, other valuable documents, and unused clothing and personal effects must be deposited with the prison.

Prisoners are forbidden to bring into the prison any communication devices, weapons, toxic substances, explosives, flammable materials, narcotics, chemicals, radioactive materials, books, newspapers, films, tapes, discs, unhealthy cultural products, alcohol, stimulants, or any objects that could harm themselves or others.

Article 6. Prisoners' clothing must be marked (except underwear and three-quarter sleeve shirts), with the mark "prisoner" on the front of pants and back of shirts, and the prisoner's name and the last seven digits of their file number on the left chest of shirts. When prisoners are studying, participating in group activities, entering or exiting the prison gate, meeting relatives, or interacting with outsiders, they must wear long-sleeved clothing provided by the prison. Male prisoners must keep their hair short but may not shave their heads bald or grow facial hair.

Prisoners are forbidden to lend or alter the style of clothing provided by the prison or erase the marks on the clothing.

Article 7. At the designated meal times, prisoners must receive their meals and eat in the designated location. Cooking food or gathering to eat in the detention area is strictly prohibited.

Article 8. Prisoners with money deposited with the prison may use it to purchase ready-to-eat food, essential daily necessities, and study materials as stipulated by the prison.

Prisoners are forbidden to buy, trade, borrow, or lend anything to each other or to others in any form.

Any material assistance between prisoners must be approved by prison staff.

Article 9. When permitted to meet relatives or interact with outsiders, prisoners must comply with the law and be monitored by prison staff.

Prisoners are forbidden to make phone calls, send or receive letters, money, gifts, meet relatives, or interact with outsiders without permission from the Warden.

Article 10. Prisoners must work and learn trades in the designated locations as specified by the prison, strictly observe labor discipline, actively participate in labor and training as guided by prison staff. Sick prisoners with confirmation from medical staff are exempted from labor.

Prisoners are prohibited from being lazy, evading work, learning a trade, or engaging in acts that obstruct other prisoners' work or learning of a trade. Strictly forbidden is for prisoners to hire or force other prisoners to serve or perform their own tasks or those of other prisoners in any form.

Article 11. Prisoners must strictly comply with the guidance of prison officers in studying and participating in cultural, artistic, physical exercise, sports, recreational activities.

Prisoners are prohibited from fortune-telling, worshipping, preaching, practicing superstitious or unscientific beliefs, or gambling in any form.

Prisoners are prohibited from using uncivilized speech or behavior that offends prison officers or others.

Article 12. Prisoners have the responsibility to protect the property of the prison, their own property, and the property of others, and promptly report to prison officers any acts infringing upon such property.

Article 13. Prisoners are prohibited from threatening, beating, oppressing, extorting each other, destroying bodies, tattooing themselves or tattooing others, attaching metal or other objects to their own body or to others' bodies. Prohibited are homosexual acts, sexual relations between prisoners or with others (except for spouses when permitted). Prisoners are prohibited from establishing or joining associations, gangs, groups in any form.

Article 14. Prisoners are prohibited from smoking cigarettes or tobacco in cells, infirmaries, disciplinary rooms, libraries, reading rooms, classrooms, collective living areas, workshops, places where fire or explosion may occur, or areas marked with "no fire" or "no smoking" signs.

Article 15. Prisoners who comply well with this Internal Regulation will be rewarded; in cases of violation, they will be subject to disciplinary action or criminal liability depending on the nature and severity of the offense. Prisoners causing damage to the prison or to others shall compensate for the damage in accordance with the provisions of the law.