Circular No. 39/2013/TT-BCA on education and counseling for prisoners nearing completion of their sentences

CIRCULAR

Regulations on education and counseling for prisoners about to complete their sentences

about to complete serving the prison sentence

Based on the Criminal Enforcement Law 2010;

Pursuant to 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;

Pursuant to Decree No. 80/2011/NĐ-CP dated September 16, 2011 of the Government stipulating measures to ensure reintegration into society for individuals who have completed their sentences;

Pursuant to Circular Joint Circular No. 02/2012/TTLT-BCA-BQP-BTP-BGDĐT dated February 6, 2012 of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, and the Ministry of Education and Training guiding the organization of cultural education, legal education, civic education, dissemination of current information, policies, and living regimes; entertainment for prisoners;

At the proposal of the Director General of the Department of Criminal Investigation and Enforcement and Judicial Assistance;

The Minister of Public Security promulgates this Circular stipulating regulations on education and counseling for prisoners about to complete their sentences,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the contents, programs of education and counseling activities for prisoners about to complete their sentences.

Article 2. Applicability

This Circular applies to prisoners nearing the end of their sentence, prisoners who have been proposed for amnesty and are awaiting the President's decision, prisoners who have been proposed for reduction of their sentence to completion (collectively referred to as prisoners about to complete their sentences) at detention centers, temporary detention centers under the Ministry of Public Security, temporary detention centers under provincial public security agencies, criminal enforcement agencies under county-level public security agencies, and related agencies, organizations, and individuals.

Article 3. Principles of Implementation

1. Comply with the provisions of the Criminal Enforcement Law and other relevant legal normative documents currently in force.

2. Create favorable conditions and ensure that all prisoners about to complete their sentences receive education and counseling to facilitate their reintegration into society, contributing to preventing recidivism and violations of the law.

Article 4. Funding Assurance

1. Sources of funding for organizing research, compiling contents and programs, printing materials, and implementing educational and counseling activities for prisoners about to complete their sentences include:

a) State budget guaranteed in the annual budget estimates of the General Bureau of Criminal Enforcement and Judicial Assistance, provincial public security agencies, and detention centers under the Ministry of Public Security;

b) Revenue from the labor results of prisoners according to the law;

c) Contributions from organizations and individuals according to the law.

2. Management and utilization of funds shall be carried out in accordance with the laws on state budget and other relevant legal provisions.

3. Public security officers and other personnel participating in education and counseling for prisoners shall be compensated according to the levels prescribed in Clause 1 and 2, Article 16 of the Joint Circular No. 02/2012/TTLT-BCA-BQP-BTP-BGDĐT dated February 6, 2012 of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, and the Ministry of Education and Training guiding the organization of cultural education, legal education, civic education, dissemination of current information, policies, and implementation of living regimes and entertainment for prisoners.

Chapter II
EDUCATION FOR PRISONERS ABOUT TO COMPLETE THEIR SENTENCES

Article 5. Organization of concentrated education subjects

1. For prisoners serving sentences in detention centers: Two months before the expiration of the prisoner's sentence, the Director of the detention center shall transfer the prisoner to a separate ward to organize education; if the detention center has five or more wards, it may transfer the prisoner to two wards to organize education. In cases where the ward is located more than 50 kilometers away from the center, the prisoner may be transferred or remain in the current ward for education. For foreign prisoners, prisoners serving solitary confinement, or prisoners convicted of particularly dangerous offenses against national security, they must be organized for education in groups or individually according to the prescribed content and program.

2. For prisoners serving sentences in temporary detention centers and criminal enforcement agencies under county-level public security agencies: Depending on the number of prisoners, the Director of the temporary detention center or the Head of the criminal enforcement agency under the county-level public security agency shall decide to transfer the prisoner to a team or keep them in the current team where they are serving their sentence to organize education.

3. For prisoners who have been proposed for amnesty and are awaiting the President's decision or have been proposed for reduction of their sentence to completion and are awaiting the court's decision: Immediately after the Inter-ministerial Review Board of the Central Advisory Council for Amnesty or the Review Board for Sentence Reduction of the Criminal Enforcement Agency under the Ministry of Public Security or the Review Board of the Criminal Enforcement Agency under the provincial public security agency issues a request for reduction of the sentence to completion, the Director of the detention center, temporary detention center, or the Head of the criminal enforcement agency under the county-level public security agency must organize management according to the provisions of Clause 1 and Clause 2 of this Article to organize education and counseling for them.

4. Female prisoners about to complete their sentences shall be organized for separate education.

Article 6. Content and Curriculum of Education

1. The main content and curriculum of education includes:

a) Legal education: Regulations on expunging criminal records, basic rights and obligations of citizens; legal provisions on residence, national security protection, maintaining public order and social safety; preventing and combating crime and social evils;

b) Popularizing some new policies and guidelines of the Party and State, and achievements in economic, social, national defense, and security development;

c) Education on national solidarity policy; morality, lifestyle, self-reliance and entrepreneurship, cultural living habits, compliance with social ethical rules; responsibility towards oneself, family, and society;

d) Education on community integration; job-seeking skills, stabilizing life, overcoming difficulties and challenges, refusing to be enticed by bad elements, and preventing social evils.

2. Supplementary education programs include: organizing cultural, artistic, physical exercise, reading books and newspapers, listening to radio programs, watching videos and television broadcasts from central and local authorities, and other recreational activities.

3. For juvenile offenders, more time should be allocated for moral education, life skills training, and organizing recreational activities.

4. For foreign offenders, continue teaching Vietnamese language, educating about traditional national culture and Vietnamese laws, especially regulations on residence and entry-exit procedures.

Article 7. Methods and Forms of Education

1. Organize education for inmates nearing completion of their sentences through classes with instructors, teachers, experts delivering lectures, introducing topics, wardens overseeing and guiding discussions in teams (groups). Combine distributing materials for inmates to study independently, learn, and discuss. At the end of the class, organize assessments, have inmates write summaries, report, and denounce crimes and misconduct of other inmates, participate in opinions on improving management and educational rehabilitation work.

2. Combine communication organization with forms such as internal cable broadcasting, video, bulletin boards, posters, or independent research on materials.

3. Inviting individuals who have successfully reintegrated into society after completing their sentences to share experiences in economic activities, actively participating in social activities, patriotic movements, maintaining public order and social safety, and enterprises to hold seminars, exchange information on economic and social conditions, employment, career orientation, sharing life experiences, community integration, job search, and stabilizing life for inmates. The prison director, detention center director, and head of the criminal enforcement agency at the county level shall consider and decide on inviting agencies, organizations, and individuals to provide information and exchange with inmates to ensure educational goals, requirements, and effectiveness.

4. Organize cultural and artistic exchanges, knowledge contests, practical skill competitions, and other educational activities through various rich and diverse forms.

Article 8. Educational Materials

1. The curriculum, content, and educational materials are researched, collected, and compiled by the General Bureau of Criminal Enforcement and Judicial Assistance in collaboration with relevant units of the Ministry of Public Security and the Ministry of Education and Training, suitable for educational requirements, timing, cognitive levels, and regional characteristics where inmates will reside upon release.

2. Prisons, detention centers, and heads of criminal enforcement agencies at the county level shall research, collect, supplement materials, data, and specific examples from their units and localities for reference, illustration, or reporting actual situations to achieve educational goals, requirements, and content.

Article 9. Educational Staff

1. Staff performing educational tasks, lecturing to inmates about to complete their prison sentences shall be leaders of units, officers from specialized teams of detention centers, temporary detention centers, Criminal Enforcement Agencies under the Public Security Departments at provincial level, having a university degree or other capable, experienced officers with knowledge in education, psychology, pedagogy.

2. Detention centers, temporary detention centers, Criminal Enforcement Agencies under the Public Security Departments at provincial level may invite teachers, speakers, or professionals in law, civic education, having a university degree or capable, experienced officers with knowledge in education, psychology, pedagogy from the Criminal Enforcement Management Agency under the Ministry of Public Security, Public Security agencies at various units and localities, educational institutions under the Ministry of Education and Training, Ministry of Justice, Youth Union Associations, and Bar Associations of provinces and cities to participate in lecturing to inmates about to complete their prison sentences.

Article 10. Duration of Education

1. For inmates nearing the end of their prison terms, the organization of education begins when they are transferred to a special ward or area designated for such individuals. The study period must be no less than fifteen days, excluding Sundays, holidays, and Tet according to regulations.

2. For inmates whose commutation requests have been proposed and are awaiting the President's decision, the organization of education starts from the time the Inter-ministerial Review Team of the Central Advisory Board on Commutations approves until the commutation decision is announced. The study period must be continuous, excluding Sundays, holidays, and Tet according to regulations.

3. For inmates in detention centers, temporary detention centers, and holding facilities who have been recommended by the Review Board of the Criminal Enforcement Management Agency under the Ministry of Public Security or the Review Board of the Criminal Enforcement Agency under the Provincial Public Security Department to reduce their prison terms to zero, pending court decisions, the organization of education begins from the time these Boards submit the recommendation to reduce the prison term until the reduction decision is announced. The study period must be continuous, excluding Sundays, holidays, and Tet according to regulations.

4. Depending on the number of individuals concentrated for education and specific timeframes, the Warden of the detention center, temporary detention center, or Head of the Criminal Enforcement Agency under the Public Security Department at provincial level will decide on the schedule and arrange staff to manage and educate accordingly.

Article 11. Management of Files and Documents

Decisions and plans for organizing the implementation by the Warden of the detention center, temporary detention center, or Head of the Criminal Enforcement Agency under the Public Security Department at provincial level regarding the establishment of classes for education for inmates about to complete their prison sentences, along with related materials (time, location, quantity, inmate list, educational content, staff assignments, funding, material resources, examination papers, evaluation reports), must be retained for use in compiling information, monitoring, and inspection and audit as necessary.

Chapter III
GUIDANCE FOR INMATES ABOUT TO COMPLETE THEIR PRISON SENTENCES

Article 12. Content of Counseling

Counseling for inmates nearing completion of their prison sentences aims to provide knowledge, guidance, and enhance their ability to resolve difficulties and obstacles during the process of reintegration into society. The content of counseling includes:

1. Legal, psychological, emotional, marital, family, health counseling, prevention and control of drug abuse, HIV/AIDS, and other social evils.

2. Counseling and support on administrative procedures such as: registration of permanent residence, temporary residence, notification of stay, declaration of temporary absence; issuance and replacement of Identity Cards; procedures for borrowing funds, business registration, vocational training, and other related issues.

3. Counseling on labor, employment, utilization of learned trades, social insurance, and other related issues.

Article 13. Methods of Counseling

1. Prisons, detention centers, and criminal enforcement agencies at the county level organize for inmates to directly present and register for counseling, filling out forms detailing the contents they need counseling on or proactively identifying issues requiring counseling for inmates. From this, staff knowledgeable in relevant fields are assigned to provide direct counseling to inmates. Counseling can be provided individually, in groups, or to large groups with the same counseling content.

2. Individual counseling must be conducted in counseling rooms. Prisons, detention centers, and criminal enforcement agencies at the county level should arrange counseling rooms equipped with desks, chairs, and necessary facilities for counseling. After each counseling session, counselors must record, monitor, evaluate, and report the results to their immediate supervisors.

Article 14. Counseling Staff

1. Counseling staff for inmates are leaders of units, staff from prisons, detention centers, and criminal enforcement agencies at the county level who have a secondary education or higher and the capability to perform counseling work.

2. Wardens of prisons and detention centers, heads of criminal enforcement agencies at the county level may invite staff from the judiciary, education and training sectors, the Vietnam Bar Association, the Youth Union, universities, HIV/AIDS prevention and control centers, job counseling centers, businesses, or other competent agencies to counsel inmates. Individuals from state agencies or social organizations coming to counsel inmates must be introduced in writing by their agency or organization and approved by the warden of the prison or detention center, or the head of the criminal enforcement agency at the county level to provide counseling to inmates.

Article 15. Time for Counseling

Upon receiving a counseling registration form or identifying issues requiring counseling for inmates, the warden of the prison or detention center, or the head of the criminal enforcement agency at the county level must assign counseling staff immediately. In cases where counseling is necessary to prevent negative impacts on the inmate's mindset, or to protect their life or that of others, counseling must be provided immediately, including outside regular working hours, holidays, and public holidays.

Chapter IV
COOPERATION BETWEEN ORGANIZATIONS AND UNITS IN EDUCATION AND COUNSELING FOR INMATES NEARING COMPLETION OF THEIR PRISON SENTENCES

EDUCATION, COUNSELING FOR PRISONERS ABOUT TO COMPLETE SERVING THE SENTENCE

PRISON SENTENCE

Article 16. Cooperation in Education, Counseling, and Creating Conditions for Inmates to Reintegrate into Society

1. Prisons, detention centers, and heads of criminal enforcement agencies at the provincial and county levels shall actively coordinate with administrative police forces, traffic police, and other relevant units under local public security organs to organize participation in education and counseling on compliance with laws regarding maintaining public security, social order, traffic safety; issuance and replacement of Identity Cards, and other essential matters for inmates.

2. Local public security organs at all levels need to plan to advise local People's Committees to guide social organizations and mobilize enterprises in areas where prisons, detention centers, and criminal enforcement agencies at the county level are located to participate in education, counseling, providing information on labor and employment for inmates nearing completion of their prison sentences, and organizing reception, assistance, and creation of conditions for them to find employment and stabilize their lives after completing their sentences.

3. Through organizing meetings with inmates' families, other activities, and mass media, prisons, detention centers, and criminal enforcement agencies at the county level should promote and encourage agencies, organizations, and individuals to participate in education, counseling, and assistance to create conditions for inmates nearing completion of their prison sentences to reintegrate into society.

4. Under their own conditions and capabilities, prisons, detention centers, and criminal enforcement agencies at the county level should take the initiative to establish relationships, cooperate, and assist former inmates in vocational training and job search.

Article 17. Preparation for receiving, continuing management, education, and assisting prisoners nearing completion of their prison sentences to reintegrate into society

1. Two months before a prisoner's term of imprisonment or supplementary punishment is about to expire, or after the Inter-ministerial Assessment Team of the Central Pardon Advisory Board agrees with the recommendation for a pardon for the prisoner, or after the authorized Sentence Reduction Review Board consents to the reduction of the remaining term of imprisonment for the prisoner, detention centers and temporary detention centers shall prepare a list, notify the results of the execution of the sentence and supplementary punishments that the prisoner still needs to fulfill, and provide other necessary information related to the prisoner to the Criminal Enforcement Agency of the Public Security Department at the district level and the People's Committee at the commune level where the prisoner will reside, so that they can plan to continue managing, educating, and creating conditions for the prisoner to reintegrate into society.

For prisoners nearing completion of their prison sentences who are from another locality, the head of the Criminal Enforcement Agency of the Public Security Department at the district level shall report to the Criminal Enforcement Agency of the Public Security Department at the provincial level to notify the Criminal Enforcement Agency of the Public Security Department at the district level and the People's Committee at the commune level where the prisoner will reside to manage, educate, and assist the prisoner.

2. After receiving the list of prisoners nearing completion of their prison sentences transferred by detention centers, temporary detention centers, and the Criminal Enforcement Agency of the Public Security Department at the provincial level, the Public Security Department at the district level shall instruct officers and soldiers, especially Ward Police Officers and Village Police Officers, to proactively understand the circumstances of each prisoner nearing completion of their prison sentence returning home, so as to plan meetings, encouragement, management, education, and assistance to help them reintegrate into society when they return to their place of residence.

Article 18. Management of persons completing their prison sentences without a clear place of residence

Two months before a prisoner whose place of residence is not clearly defined or has changed their place of residence upon completion of their prison sentence, the warden of the detention center, temporary detention center, and the head of the Criminal Enforcement Agency of the Public Security Department at the district level shall issue a document requesting the relevant local police agencies to cooperate in verifying the identity of the prisoner and determining their new place of residence.

In cases where the place of residence of the prisoner cannot be determined, the detention center, temporary detention center, and the Criminal Enforcement Agency of the Public Security Department at the district level shall request the People's Committee at the commune level where the prisoner served their sentence or other organizations to accept the person completing their prison sentence to reside there. If they agree voluntarily, the warden of the detention center, temporary detention center shall consider and process their admission to production facilities of the Ministry of Public Security (if available) according to the provisions of the law.

Chapter V
IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect from November 15, 2013. All previous regulations of the Ministry of Public Security regarding education and counseling for prisoners nearing completion of their prison sentences that conflict with this Circular are hereby abolished.

Article 20. Responsibility for Implementation

1. The heads of the General Directorates under the Ministry, the Directors of the Public Security Departments of provinces and centrally-administered cities, the wardens of detention centers and temporary detention centers, and the chiefs of the Public Security Departments at the district level are responsible for organizing the implementation of this Circular.

2. The General Directorate of Criminal Enforcement and Legal Assistance is responsible for assisting the Minister in directing, monitoring, inspecting, and urging the implementation of this Circular.

During the implementation of this Circular, if there are any difficulties, the Public Security units and localities shall report to the Ministry (through the General Directorate of Criminal Enforcement and Legal Assistance) for timely guidance.