Circular No. 40/2011/TT-BCA stipulates the criteria for commendation in the execution of custodial sentences and the classification of prisoner sentence execution.

CIRCULAR

Regulations on standards for competition in serving prison sentences
and classification of the execution of custodial sentences for prisoners
 

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 shall stipulate the standards for competition in serving prison sentences and the classification of prisoners' compliance with prison sentences as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the standards for competition in serving prison sentences, conditions for classification, procedures, formalities, authority to review and decide on the classification of compliance with prison sentences for prisoners.

Article 2. Applicability

This Circular applies to prisoners serving prison sentences at detention centers, temporary detention centers, and holding houses under the People's Public Security; agencies and organizations with the authority to review and decide on the classification of compliance with prison sentences for prisoners.

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

1. Ensuring objectivity, fairness, transparency, democracy, and continuity.

2. Encouraging those serving prison sentences to sincerely repent, actively study, work to reform themselves, and voluntarily fulfill civil obligations.

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

1. Classifying prisoners who do not meet the prescribed standards and conditions.

2. Tampering with files and records regarding the classification of compliance with prison sentences for prisoners; exploiting the classification of compliance with prison sentences to infringe upon the legitimate rights and interests of prisoners.

Chapter II
STANDARDS FOR COMPETITION IN SERVING PRISON SENTENCES AND CLASSIFICATION OF COMPLIANCE WITH PRISON SENTENCES
RECOGNIZE THE CRIMES COMMITTED, SINCERELY REPENT, ACTIVELY REMEDY THE CONSEQUENCES CAUSED BY CRIMINAL ACTS, TRUTHFULLY REPORT AND DENOUNCE CRIMES, PROVIDE ALL INFORMATION ABOUT OTHER CRIMES KNOWN TO THEM.

Article 5. Standards for commendation in execution of criminal sentences

4. Standard 4

Seriously comply with laws, court judgments and decisions, internal regulations of detention centers, temporary detention centers, and holding houses; actively prevent and combat violations; implement disciplined, orderly, and civilized living habits; do not engage in negative speech, attitudes, or actions that cause division, undermine unity, and have adverse effects on other prisoners.

CLASSIFICATION FOR PRISONERS

Proactively, exemplary, and actively engage in labor and vocational training, complete assigned quotas and standards, participate fully in workdays, perform disciplined and productive labor; promote competitive spirit among prisoners; properly implement safety, hygiene, and environmental protection requirements.

3. Standard 3

Actively study, train, cultivate moral character; respect the lives, health, dignity, and personality of oneself and others; be conscious of helping other prisoners improve their studies and training, and strive to become useful members of society.

4. Standard 4

Article 6. Types of Compliance with Prison Sentences

Based on the standards for competition in serving prison sentences, the results of compliance with prison sentences for prisoners are classified into four types: excellent, good, average, and poor.

Article 7. Specific Standards for Each Type of Compliance with Prison Sentences

A. Excellent Type

: Prisoners who strictly adhere to all competition standards for compliance with prison sentences as stipulated in Article 5 of this Circular and were previously classified as good or excellent.1. Prisoners who strictly adhere to standard 1 as stipulated in Clause 1, Article 5 of this Circular must be individuals:

a) Recognize their crimes, sincerely and truthfully report their own criminal acts in full; sincerely repent and resolve to correct their mistakes; truthfully report and denounce criminal acts of others known to them, regardless of whether these individuals have been arrested, are serving sentences in detention centers, temporary detention centers, holding houses, or are outside society.

b) Actively remedy the consequences caused by their criminal acts, specifically: if sentenced to additional penalties such as fines, payment of court fees, compensation for damages, or other civil obligations, they must complete these obligations (with supporting documentation or confirmation from competent authorities); in cases where obligations have not been completed or only partially fulfilled but the court has issued a decision to waive further execution or the assets have been seized and confirmed by the civil enforcement agency handling the case to be sufficient or excess for enforcement purposes, it will be considered as having completed the obligations.

If the prisoner has the responsibility to compensate for civil damages to the victim or the legal representative of the victim but has not completed or only partially completed and the victim agrees in writing to forgive the debt or confirms receipt of the full amount of damages as ordered by the judgment and does not request further execution, this will also be considered as having completed the obligations.

For juvenile offenders whose courts have decided to impose civil damage compensation responsibilities on their parents or legal representatives, if these individuals have completed the obligations or the prisoner has repeatedly written letters, made phone calls, or directly requested and encouraged their parents or legal representatives to fulfill the compensation obligations, even if only partially completed, it will be considered as actively remedying the consequences.

Prisoners who must fulfill monthly maintenance obligations, and at the time of classification of compliance with prison sentences, are confirmed by the People's Committee of the locality where the recipient resides or the civil enforcement agency handling the case to have completed the obligations up to that point, will be considered as actively remedying the consequences.

2. Prisoners who strictly adhere to standard 2 as stipulated in Clause 2, Article 5 of this Circular must be individuals:

a) Strictly comply with laws, court judgments and decisions, the Criminal Enforcement Law, internal regulations of detention centers, temporary detention centers, and holding houses;

b) Implement disciplined, orderly, and civilized living habits well;

c) Actively combat negative behaviors and violations of other prisoners;

d) Do not engage in negative speech, attitudes, or actions that distort facts, cause division, undermine unity, and have adverse effects on other prisoners.

3. Prisoners who strictly adhere to standard 3 as stipulated in Clause 3, Article 5 of this Circular must be individuals:

a) Always raise awareness of self-discipline, exemplarity, and active participation in labor and vocational training;

b) Fully participate in workdays, perform disciplined and productive labor, complete and exceed assigned quotas and standards; properly implement safety, hygiene, and environmental protection requirements;

c) Have a positive impact on promoting competitive spirits in labor, study, training, and vocational training.

4. Prisoners who strictly adhere to standard 4 as stipulated in Clause 4, Article 5 of this Circular must be individuals:

4. The offender must be a person who meets the criteria specified in Clause 4, Article 5 of this Circular.

a) Actively and voluntarily participate in studying laws, civic education, and cultural education (if applicable) organized by the detention center, temporary detention center, or holding house; have a sense of self-discipline to cultivate healthy cultural habits, moral qualities, and strive to become a useful member of society;

b) Respect the honor, life, health, and dignity of oneself and others;

c) Encourage and assist other offenders in labor, study, training, and daily life;

B. Good Category: Is a prisoner who has basically fulfilled the competition standards for serving custodial sentences as stipulated in Article 5 of this Circular and was previously ranked as average, good, or excellent.

Particularly, if Standards 1 and 3 have not been fully met, the following conditions must be ensured:

1. In relation to the requirement "actively remedying the consequences caused by their criminal acts" as specified in Standard 1 of Article 5, if it has not been achieved, the prisoner must provide a commitment to continue implementation. The prisoner's relatives or their lawful representatives must submit a statement detailing their family's particularly difficult economic circumstances, which prevent them from assisting the prisoner in fulfilling supplementary punishments such as fines, court fees, compensation for damages, and civil obligations. The statement must be confirmed by the People's Committee of the commune where they reside or the workplace or educational institution, or confirmed by the civil enforcement agency responsible for enforcing the judgment.

If the prisoner has no remaining relatives (paternal grandparents; maternal grandparents; biological parents; in-laws; adoptive parents; spouse; biological children; adopted children; siblings; in-laws; cousins; nephews/nieces), they may request a relative with the closest kinship to write a statement confirming that the prisoner has no remaining relatives, which must be verified by the People's Committee of the commune where they reside.

If the prisoner still has relatives but these relatives do not have a fixed residence and cannot be contacted, they must submit a statement detailing their circumstances (confirmed by the Detention Center Director, Temporary Detention Center Director, Head of the Criminal Enforcement Agency of the Public Security Department at the district level, and a commitment to continue implementation after completing the custodial sentence).

The commitment to fulfill supplementary punishments such as fines, court fees, compensation for damages, and other civil obligations, or the statement detailing particularly difficult economic circumstances, must be written annually for prisoners sentenced to less than three years; biannually for prisoners sentenced to between three and five years; triennially for prisoners sentenced to between six and seven years; quadrennially for prisoners sentenced to between eight and fifteen years; and every five years for prisoners sentenced to more than fifteen years up to thirty years or life imprisonment.

For foreign prisoners who have not yet completed supplementary punishments such as fines, court fees, compensation for damages, and other civil obligations, the Detention Center Director or Temporary Detention Center Director shall require them to write a letter to their relatives, sent through the Criminal Enforcement Bureau and Legal Support Administration (via the Prisoner Management Bureau) to the diplomatic or consular agency of the country whose nationality the prisoner holds or the representative office of an international organization in Vietnam for joint resolution.

2. In relation to the requirement "completing assigned quotas and participating fully in workdays, labor with discipline, productivity, and quality" as specified in Standard 3 of Article 5, if the prisoner suffers from chronic illness, old age (sixty years or older), and is unable to participate in labor or complete assigned quotas and work tasks, a written request from the Medical Officer or healthcare staff (for holding houses) and approval from the Detention Center Director, Temporary Detention Center Director, or Head of the Criminal Enforcement Agency of the Public Security Department at the district level is required.

C. Average Category: Is a prisoner who does not meet the criteria for ranking as excellent, good, or has violated the Detention Center Regulations but has not reached the level of disciplinary action starting from a warning, and was previously ranked as poor, average, good, or excellent, except those who have performed meritorious deeds as stipulated in Article 8 of this Circular.

Prisoners who were ranked as poor due to being disciplined twice with a reprimand during the ranking period or once with a warning or higher, but have made efforts to improve and received a "Decision Recognizing the Progress of Disciplinary Violating Prisoners" from the Detention Center Director, Temporary Detention Center Director, or Head of the Criminal Enforcement Agency of the Public Security Department at the district level, can be ranked as average.

The time for considering and issuing a decision recognizing the progress of disciplinary violating prisoners is six months for those disciplined twice with a reprimand during the ranking period or once with a warning, counted from the date of announcing the disciplinary decision; nine months for those held in disciplinary cells, counted from the date of release from the disciplinary cell. For prisoners disciplined twice or more with a warning within a year or who have violated the law to the extent of criminal liability, one year must pass from the date of release from the last disciplinary cell or the date when the new judgment becomes legally effective before the Detention Center Director, Temporary Detention Center Director, or Head of the Criminal Enforcement Agency of the Public Security Department at the district level considers and decides on recognizing the progress of disciplinary violating prisoners.

D. Poor Category: Is a prisoner who has not properly fulfilled the competition standards for serving custodial sentences or has violated the Detention Center Regulations during the ranking period and has been disciplined with a warning or higher, or has been disciplined twice or more with a reprimand during the ranking period, or a prisoner who intentionally lodges complaints contrary to the provisions of the law regarding judgments or decisions of the Court or issues related to the execution of custodial sentences.

Article 8. Classification in cases of meritorious service

For prisoners who have rendered meritorious service such as rescuing victims, saving valuable property worth ten million dong or more in natural disasters, fires, or discovering and providing information that helps prisons, detention centers, holding facilities prevent plots to undermine, escape from confinement, capture escaped prisoners, prevent other persons or prisoners from committing new crimes during the execution of their sentences, or assisting investigative agencies in detecting crimes confirmed in writing by the prison director, head of the detention center, head of the criminal enforcement agency of the county-level public security agency, or head of the investigation agency through commendation decisions, when classifying the execution of the sentence for that period or the subsequent period, the classification may be adjusted up one level, if the classification is poor it will be raised to average, if average it will be raised to good, and if good it will be raised to excellent. If the prisoner has already been classified as excellent during the classification period, the merit will be considered for the next period's classification. In cases of significant meritorious service, two levels may be considered for adjustment.

Article 9. Periods and Regular Classification of Sentence Execution

1. Classification Periods

Prisoners are classified according to the following periods: weekly, monthly, quarterly, six-monthly, and annually.

The time required to classify the execution of a sentence for a prisoner is at least two-thirds of the time within the classification period that the prisoner has served the sentence. Specifically: A week requires at least four days of serving the sentence; A month requires at least twenty days of serving the sentence; A quarter requires at least two months of serving the sentence; Six months require at least four months of serving the sentence; One year requires at least eight months of serving the sentence.

Prisoners who do not meet the time requirement for classifying the execution of a sentence within the period must have their attitude towards executing the sentence evaluated and recorded in their prisoner file.

2. Regular Classification Periods of Sentence Execution

a) Weekly classification is conducted on Friday of each week. The evaluation period for the classification result runs from Saturday of the previous week to Friday of the current week;

b) Monthly classification is conducted on the 25th day of the month. The evaluation period for the classification result runs from the 26th day of the previous month to the end of the 25th day of the following month;

c) Quarterly classification is conducted on February 25; May 25; August 25; and November 25. The evaluation period for the classification result runs from the 26th day of the previous quarter to the end of the 25th day of the following quarter;

d) Six-monthly classification is conducted on May 25 and November 25 of each year. The evaluation period for the classification result runs from November 26 of the previous year to May 25 of the following year and from May 26 to November 25 of the current year;

đ) Annual classification is conducted on November 25 each year. The evaluation period for the classification result runs from November 26 of the previous year to November 25 of the following year.

3. Conditions for Classification of Sentence Execution

a) Weekly classification is based on the assessment of attitude and results of competition in executing the sentence 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) Six-monthly classification is based on the assessment of attitude and results of two quarters within the six months;

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 10. Classification of execution of custodial sentences on a periodic basis

1. Good category

a) Weekly classification of execution of custodial sentences: All days of the week are evaluated for attitude and satisfactory results in compliance with the custodial sentence.

b) Monthly classification of execution of custodial sentences:

- For months with four weeks, at least two weeks must be classified as good, with the last week necessarily being classified as good, and the remaining weeks classified as fairly good. In cases where prisoners newly arrive to serve their custodial sentences and have sufficient time for three-week classification, all three weeks must be classified as good or the first week as fairly good and the following two weeks as good; or the first week as fairly good and the second week as good, the third week as excellent.

- For months with five weeks, at least three weeks must be classified as good, with the last week necessarily being classified as good, and the remaining weeks classified as fairly good.

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

c) Quarterly classification of execution of custodial sentences:

- All three months are classified as good.

- The first month is classified as fairly good, the following two months are classified as good.

- The first and third months are classified as good, the second month is classified as fairly good.

- Both months are classified as good (for prisoners who have just completed sufficient time for two-month classification).

- Prisoners with one prior conviction or more must undergo a probation period, and the first quarter of serving the custodial sentence cannot be classified as good.

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

d) Six-month classification of execution of custodial sentences:

- Both quarters classified as good;

- The first quarter is classified as fairly good, the second quarter is classified as good.

- The first month is classified as fairly good or good, the subsequent quarter is classified as good (for prisoners who have just completed sufficient time for four-month classification).

- Prisoners with two prior convictions or more must undergo a probation period, and the first six months of serving the custodial sentence cannot be classified as good.

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

đ) Annual classification of execution of custodial sentences:

- The first six months and the last six months are both classified as good.

- The first six months are classified as fairly good, the third and fourth quarters are classified as good.

- Two months of the preceding quarter immediately before the classification period must be classified as good or one month as fairly good and the next month as good, the third and fourth quarters are classified as good (for prisoners who have just completed sufficient time for eight-month classification).

- Prisoners with three prior convictions or more must undergo a probation period, and the first year of serving the custodial sentence cannot be classified as good.

2. Fairly Good Category

a) Weekly classification of execution of custodial sentences: All days of the week are evaluated for attitude and satisfactory results in compliance with the custodial sentence, classified as fairly good.

b) Monthly classification of execution of custodial sentences:

- For months with four weeks, at least two weeks must be classified as fairly good, with the last week necessarily being classified as fairly good, and the remaining weeks classified as average. In cases where prisoners newly arrive to serve their custodial sentences and have sufficient time for three-week classification, all three weeks must be classified as fairly good or the first week as average and the following two weeks as fairly good; or the first week as average, the second week as fairly good, the third week as good.

- For months with five weeks, at least three weeks must be classified as fairly good, with the last week necessarily being classified as fairly good, and the remaining weeks classified as average.

- Only classify as fairly good those prisoners whose previous consecutive monthly classification was average, fairly good, or good (except in cases of meritorious service).

c) Quarterly classification of execution of custodial sentences:

- Three months in the quarter are classified as fairly good.

- The first month is classified as average, the second and third months are classified as fairly good or the second month as fairly good and the third month as good.

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

- Both months are classified as fairly good or one month as good and the other as fairly good (for prisoners who have just completed sufficient time for two-month classification).

- Only classify as fairly good those prisoners whose previous consecutive quarterly classification was average, fairly good, or good (except in cases of meritorious service).

d) Six-month classification of execution of custodial sentences:

- Both quarters are classified as fairly good.

- The first quarter is classified as good, the second quarter is classified as fairly good.

- The first quarter is classified as average, the second quarter is classified as fairly good.

- The first month is classified as average, fairly good, or good, the following month is classified as fairly good or good, the subsequent quarter is classified as fairly good (for prisoners who have just completed sufficient time for four-month classification).

- Only classify as fairly good those prisoners whose previous consecutive six-month classification was average, fairly good, or good (except in cases of meritorious service).

đ) Annual classification of execution of custodial sentences:

- The first six months and the last six months are classified as fairly good.

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

- The first six months are classified as average, the third and fourth quarters are classified as fairly good or good.

- Two months of the preceding quarter are classified as fairly good or fairly good and good or one month as average, the next month with the third quarter classified as fairly good, the third and fourth quarters are classified as fairly good (for prisoners who have just completed sufficient time for eight-month classification).

3. Average Type:

a) Weekly classification of execution of custodial sentences: All days of the week are evaluated for attitude and satisfactory results in compliance with the custodial sentence, classified as average.

b) Monthly classification of execution of custodial sentences:

- For months with four weeks, at least three weeks must be classified as average, with the last week necessarily being classified as average, and the remaining week classified as poor. In cases where prisoners newly arrive to serve their custodial sentences and have sufficient time for three-week classification, all three weeks must be classified as average or the first week as poor and the following two weeks as average.

- For months with five weeks, at least four weeks must be classified as average, with the last week necessarily being classified as average, and the remaining week classified as poor.

c) Quarterly classification of execution of custodial sentences:

- Three months in a quarter must be classified as average;

- The first two months are classified as average, the third month is classified as fairly good.

- The first two months must be classified as good or satisfactory, and the third month must be classified as average;

- Both months are classified as average or the first month as good or fairly good, the second month as average (for prisoners who have just completed sufficient time for two-month classification).

d) Six-month classification of execution of custodial sentences:

- Both quarters are classified as average.

- The first quarter is classified as good or fairly good, the second quarter is classified as average.

đ) Annual classification of execution of custodial sentences:

- The first six months and the last six months are both classified as average.

- The first six months are classified as good or fairly good, the last six months are classified as average.

- The first six months are classified as average, the third quarter is classified as average, the fourth quarter is classified as fairly good.

- Two months of the previous quarter ranked as good, fairly good, or average, and six months at the end of the year ranked as average (for new inmates who have been classified for eight months).

4. Poor Type:

Inmates who have served the time required for classification but do not meet the conditions to be classified as good, fairly good, or average shall be classified as poor.

Article 11. Procedures, formalities, and time for conducting observations and classifications of the execution of criminal sentences

1. Self-assessment reports of inmates

For semi-annual and annual classifications, inmates must write self-assessment reports on their efforts to comply with criminal sentences during that period (based on standards for compliance with criminal sentences), state their future goals, and self-classify their compliance efforts for the current period; if the inmate cannot write, another inmate will write the report and the inmate will affix their fingerprint, with confirmation from the team leader or group leader; for foreign inmates who do not know Vietnamese, the team leader will require them to write the report in English or their native language. The prison director or detention center director will organize the translation of these reports into Vietnamese, with signatures of the translators and confirmation from the prison director or detention center director.

For inmates who have not yet served the time required for classification according to the specified periods or are in detention centers awaiting transfer to serve their sentences, they must also write self-assessment reports, with comments and evaluations of their attitudes and results of sentence compliance by the team leader or group leader, and confirmed by the prison director or detention center director or the head of the local public security enforcement agency.

2. Team (group) meetings of inmates

On the sixth day of each week, the team (group) of inmates meets to review and evaluate the weekly classification of compliance with criminal sentences;

On the 25th of each month, the team (group) of inmates meets to review and evaluate the monthly classification of compliance with criminal sentences;

On the last 25th of each quarter, the team (group) of inmates meets to review and evaluate the quarterly classification of compliance with criminal sentences;

On May 25, the team (group) of inmates meets to review and evaluate the second quarter and first half-year classification of compliance with criminal sentences;

On August 25, the team (group) of inmates meets to review and evaluate the third quarter classification of compliance with criminal sentences;

On November 25, the team (group) of inmates meets to review and evaluate the fourth quarter, second half-year, and full-year classification of compliance with criminal sentences;

At all meetings reviewing, evaluating, and classifying compliance with criminal sentences for inmates, the team leader (group leader) must chair the meeting, with each inmate self-assessing their efforts to comply with criminal sentences (if the meeting is for semi-annual or annual classification, each inmate must read their self-assessment report before the team (group); the team participates in discussions, then votes by raising hands, requiring at least two-thirds majority agreement to be included in the proposed classification list.

The results of the weekly, monthly, quarterly, semi-annual, and annual classification meetings of inmates must be recorded in minutes.

Based on the team (group) meetings of inmates, the team leader reviews and compiles a list of classifications of compliance with criminal sentences and proposes it to the Classification Subcommittee and the Classification Council for approval.

3. Classification Subcommittee of the prison section

a) Each prison section establishes a Classification Subcommittee for inmates under the leadership of the Deputy Director responsible for the section as the Chair. Members include: Section Head, duty officer, investigator, medical staff, team leader (group leader) of inmates, Captain of the Security Guard Platoon, and education officer as secretary.

b) Based on the proposed classification of compliance with criminal sentences for the quarter, half-year, and year by the team leader (group leader), the Classification Subcommittee of the prison section convenes to review and classify compliance with criminal sentences for inmates in the section. When reviewing a team (group), the team leader (group leader) reports the proposed classification list and explains issues raised by attendees; then a vote is taken by raising hands, requiring at least two-thirds majority agreement.

c) After the classification meeting, the Subcommittee completes the file and list and sends it to the Classification Council of the prison.

4. Classification Council of the prison

a) The Council convenes to review and classify compliance with criminal sentences for the quarter, half-year, and year for inmates.

b) The prison establishes a Classification Council for inmates under the leadership of the Director as Chairman, the Deputy Director responsible for education and records as Vice-Chairman, and members including: Deputy Director responsible for inmate custody and management, Deputy Director responsible for labor production and vocational training, Deputy Director responsible for sections, Section Head, Medical Chief, Captain of the Security Guard Company, and Heads of the Teams: Correction Officers, Investigators, Strategy and General Affairs, and Education Officer as Secretary.

The Classification Council of the prison convenes to review and classify compliance with criminal sentences for inmates based on proposals from the Classification Subcommittees of the sections. When reviewing a section, the Deputy Director or Section Head reports the proposed classification list and explains issues raised by attendees. The Council votes by raising hands, requiring at least two-thirds majority agreement.

c) Based on the results of the Classification Council meeting, the Director approves and signs the decision on classification of compliance with criminal sentences. The decision must be filed in the inmate's record and publicly announced to the inmates. For large prisons with three or more sections, the Director may delegate (in writing) the authority to approve and sign the classification decisions for individual inmates to the Deputy Director responsible for education and records.

5. Classification Council of the detention center, temporary holding facility

a) The detention center shall establish a Committee to classify the execution of criminal sentences for inmates, with the Warden serving as the Chair, the Deputy Warden responsible for inmate management serving as the Standing Member, and other members including: Deputy Wardens, Heads of Inmate Management Units, Heads of Educational Teams in Detention Units, Medical Clinic Directors, Security Team Leaders, education officers, file officers, investigation officers, night watch officers, and the Operations Team Leader serving as Recording Secretaries. The procedures for reviewing and classifying the execution of criminal sentences shall be carried out in accordance with those for inmates in prisons.

b) For temporary holding facilities, the Head of the Criminal Enforcement Agency under the Public Security Office at the district level shall be responsible for guiding the educational staff in conducting evaluations, assessments, and classifications of the execution of criminal sentences on a weekly, monthly, quarterly, semi-annual, and annual basis for inmates. The Committee to classify the execution of criminal sentences for inmates in temporary holding facilities shall be chaired by the Head of the Criminal Enforcement Agency under the Public Security Office at the district level, with the Deputy Head of the Criminal Enforcement Agency under the Public Security Office at the district level serving as the Standing Member, and direct managing officers serving as members, with one officer serving as the Recording Secretary. The procedures for reviewing and classifying the execution of criminal sentences shall be carried out in accordance with those for inmates in prisons.

6. In cases where inmates have objections to their classification of the execution of criminal sentences, within five days from the date of receipt of the complaint, the Warden of the prison or detention center, or the Head of the Criminal Enforcement Agency under the Public Security Office at the district level must provide a written response to the inmate.

7. The evaluation results and classification of the execution of criminal sentences for inmates shall be uniformly conducted according to the forms issued by the Ministry of Public Security.

The results of the classification of the execution of criminal sentences shall be recorded in writing and kept in the individual files of each inmate.

The results of the semi-annual and annual classifications shall be communicated to the families of the inmates.

Article 12. Responsibilities for organizing, guiding, urging, and inspecting the evaluation, assessment, and classification of the execution of criminal sentences.

1. The Warden of the prison or detention center, or the Head of the Criminal Enforcement Agency under the Public Security Office at the district level shall bear legal responsibility for the evaluation, assessment, and classification of the execution of criminal sentences for inmates.

Every six months or annually, immediately following the completion of the classification of the execution of criminal sentences, the Warden of the prison or detention center, or the Head of the Criminal Enforcement Agency under the Public Security Office at the district level must submit a comprehensive report on the results of the classification of the execution of criminal sentences by category to the General Bureau of Criminal Enforcement and Legal Assistance (through the Education and Community Reintegration Department) for monitoring and consolidation.

2. The Head of the Education and File Team of the prison, the Operations Team Leader of the detention center, and the criminal enforcement follow-up officer of the Public Security Office at the district level shall be responsible for assisting the Committee in matters related to the organization and implementation of classifications for inmates; recording minutes of Committee meetings; compiling and transferring the results of the classification of the execution of criminal sentences that have been agreed upon to the Warden or the Head of the Criminal Enforcement Agency under the Public Security Office at the district level for signature; guiding the educational staff to record evaluations in the individual performance reviews of each inmate. If the opinions and classification results of the Committee differ from those proposed by the educational staff, the reasons must be clearly stated. After the decision on the classification of the execution of criminal sentences has been made, all procedures must be completed, and the results must be communicated publicly to the inmates in the detention units and transferred to the file officers for inclusion in the inmate's file.

The Head of the Education and File Team or the assigned officer of the Public Security Office at the district level must retain decisions, meeting minutes of the Committee, lists of proposed classifications by the educational staff, and proposals to the Warden of the prison or detention center, or the Head of the Criminal Enforcement Agency under the Public Security Office at the district level regarding the recognition of inmates who have improved despite disciplinary violations, along with relevant documents concerning the classification of the execution of criminal sentences.

The Head of the Education and File Team or the assigned officer of the Public Security Office at the district level shall be responsible for proposing to the Warden of the prison or detention center, or the Head of the Criminal Enforcement Agency under the Public Security Office at the district level the recognition of inmates who have shown progress in rehabilitation based on the recommendations of the educational staff (confirmed by the Deputy Warden responsible for the unit or the Deputy Head of the Criminal Enforcement Agency under the Public Security Office at the district level), accompanied by the inmate's performance review and the minutes of the inmate team meeting.

3. Educational officers in the prison, detention center, or temporary holding facility units must organize for inmates to properly implement the standards for commendation in the execution of criminal sentences and monitor the results of the commendation in the execution of criminal sentences for inmates in their units or temporary holding facilities; compile minutes, lists of proposed classifications of the execution of criminal sentences for inmates by category and team (group) to present to the Sub-Committee on Classification and serve as secretaries for Sub-Committee meetings; compile and send the results of the classification of the execution of criminal sentences for inmates in the unit to the Head of the Education and File Team of the prison or the Operations Team Leader of the detention center, or the assigned officer of the Public Security Office at the district level; after receiving the decision on the classification of the execution of criminal sentences from the Warden of the prison or detention center, or the Head of the Criminal Enforcement Agency under the Public Security Office at the district level, they must transfer a copy to the educational staff and simultaneously be responsible for publicly announcing the results to the inmates in the unit.

4. The Medical Clinic Director or health care officer of the Public Security Office at the district level shall be responsible for checking and confirming the health status and preparing medical records when reviewing and classifying the execution of criminal sentences for sick or injured inmates.

5. The team (group) warder responsible for the team (group) of inmates shall be responsible for organizing meetings of the team (group) to evaluate results, make comments, propose classification of prison sentence compliance for each inmate within their team (group); retain the minutes of the team (group) meeting, list, and results of the classification of prison sentence compliance for the inmates under their responsibility.

In the case where an inmate lodges a complaint with the team (group) warder regarding the classification of prison sentence compliance, the warder must provide a response to the inmate detailing the reasons within three days from the date of receipt of the complaint.

6. The file officer shall be responsible for retaining relevant documents related to the classification of prison sentence compliance for inmates in their individual files:

a) Decisions of the Prison Director, Detention Center Director, or Head of the Criminal Enforcement Agency of the provincial police regarding the classification of prison sentence compliance for each inmate (quarterly, first six months of the year; last six months of the year, and annually);

b) Self-assessment reports of the inmates on the classification of prison sentence compliance (first six months of the year, last six months of the year, and annually). For inmates who have not been classified due to insufficient time or are in a detention center awaiting transfer to serve their sentences, retain self-assessment reports for the unclassified period.

c) Decisions on exemption or reduction of fines, court fees, and other related invoices, documents, and materials concerning the execution of supplementary penalties such as fines, compensation for damages, court fees, or other civil obligations;

d) Commitment letters for the execution of supplementary penalties such as fines, court fees, compensation for damages, or other civil obligations;

đ) Decisions recognizing that inmates who violated discipline have shown progress, accompanied by self-assessment reports of the inmates;

e) Decisions awarding commendations to inmates who have performed meritorious acts;

g) Certificates confirming the health status and medical records of sick or ill inmates;

h) Complaints from inmates regarding the results of the classification and notifications of responses to complaints from the Prison Director, Detention Center Director, or Head of the Criminal Enforcement Agency of the provincial police;

i) Other documents related to the classification of prison sentence compliance for inmates;

k) For inmates serving a prison sentence of more than 15 years, five years after the start of the sentence, the file officer shall annually compile the results of the classification of prison sentence compliance into the Summary Report on Classification of Prison Sentence Compliance for Inmates (in accordance with the prescribed format), report to the Prison Director to record the cancellation of quarterly classification decisions and cancel old commitment letters regarding the execution of supplementary penalties such as fines, compensation for damages, court fees, and other civil obligations (if any) from the previous five years.

Chapter III
IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from August 10, 2011, and replaces Decision No. 1269/2002/BCA-V26 dated December 17, 2002, issued by the Minister of Public Security on standards for competition in compliance with prison sentences and regulations on classification of competition in compliance with prison sentences.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Directors of General Departments, Heads of Units under the Ministry, Provincial Police Chiefs, Prison Directors, Detention Center Directors, and Heads of Criminal Enforcement Agencies at the county level shall be responsible for implementing this Circular.

2. The Director of the General Department of Criminal Enforcement and Judicial Assistance shall be responsible for assisting the Minister in overseeing, guiding, inspecting, and urging the implementation of this Circular.

During the implementation of this Circular, if there are difficulties or obstacles arising, local police units shall report to the Ministry (through the General Department of Criminal Enforcement and Judicial Assistance) for timely guidance.