Circular No. 41/2022/TT-BCA stipulates on visiting; receiving, sending letters, money, gifts; and making telephone calls with students at educational correctional schools and inmates at compulsory educational facilities.

CIRCULAR

activities of calibration, verification, testing visit; receive, send letters, money, gifts; make telephone calls

for students at educational centers for juveniles, inmates at compulsory education facilities

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to Decree No. 140/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the regime for applying administrative measures involving placement in educational institutions for rehabilitation and compulsory educational institutions;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security; visit; receive, send letters, money, gifts; make telephone calls for students at educational centers for juveniles, inmates at compulsory education facilities.

At the proposal of the Director of the Prison Management Police Department, the Compulsory Educational Institution Management Department, and the Rehabilitation School;

The Minister of Public Security issues this Circular 确保各级地方政府机关之间任务和权限的划分符合各机关的任务、权限和能力，并由被授予任务和权限的机关和个人负责实施。 This Circular stipulates the rules on visiting; receiving, sending letters, money, gifts, and making telephone calls for students who are serving decisions to apply administrative measures of placement in educational centers for juveniles, and inmates who are serving decisions to apply administrative measures of placement in compulsory education facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Students who are serving decisions to apply administrative measures of placement in educational centers for juveniles (hereinafter referred to as students).

Article 2. Applicability

2. Inmates who are serving decisions to apply administrative measures of placement in compulsory education facilities (hereinafter referred to as inmates).

3. Agencies, organizations, and individuals related to visiting; receiving, sending letters, money, gifts, and making telephone calls for students and inmates.

REGULATIONS ON VISITING STUDENTS AND INMATES

Chapter II

Article 3. Visiting regime for students and inmates

Clause 1. Persons entitled to visit students and inmates

Point a) Students are allowed to meet relatives in accordance with Clause 1, Article 24 of Decree No. 140/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the regime of applying administrative measures of placement in educational centers for juveniles and compulsory education facilities (hereinafter referred to as Decree No. 140/2021/NĐ-CP).

Point b) Inmates are allowed to meet relatives in accordance with Clause 1, Article 39 of Decree No. 140/2021/NĐ-CP;

Point c) Relatives visiting students and inmates must comply with the provisions set out in Clause 8, Article 3 of Decree No. 140/2021/NĐ-CP.

Clause 2. Visitors to students and inmates must comply with the laws, internal regulations of educational centers for juveniles, internal regulations of compulsory education facilities, and internal regulations of the visiting house; follow the guidance of staff from educational centers for juveniles and compulsory education facilities.

Clause 3. Procedure for visiting students and inmates

Point a) Staff shall receive and check the documents of visitors in accordance with the regulations;

Point b) Record in the Visit Logbook and report to the Principal of the educational center for juveniles or Director of the compulsory education facility for approval and signature before allowing the visit;

Point c) Manage and supervise students and inmates during the visit period, sign in and out the students and inmates; control money and gifts sent by relatives to students and inmates; inspect items and personal belongings when inmates visit in private rooms, items and personal belongings not allowed to be brought into private rooms must be declared, signed for confirmation, and stored in the visiting house locker;

Point d) Update information in the Visit Logbook and deposit money for students and inmates (if applicable).

Article 4. Visiting House for Students and Inmates

Clause 1. Each educational center for juveniles or each branch of an educational center for juveniles (if there are branches) must have a Visiting House for Students; each compulsory education facility or each section of a compulsory education facility (if there are sections) must have a Visiting House for Inmates constructed according to the design model of the Ministry of Public Security, located in a convenient place for visits and management of visits. The Visiting House must be equipped with necessary tools and equipment to serve visits.

Clause 2. The Visiting House of an educational center for juveniles must display a sign "Visiting House for Students," while the Visiting House of a compulsory education facility must display a sign "Visiting House for Inmates," and provide suggestion boxes for relatives of students and inmates to reflect opinions and suggestions.

REGULATIONS ON RECEIVING AND SENDING LETTERS, MONEY, GIFTS;

Chapter III

MAKING TELEPHONE CALLS

TELEPHONE CONTACT

Article 5. Regulations on receiving and sending letters; making telephone calls

1. Students are entitled to receive and send letters; make telephone calls in accordance with Clause 2, Article 24 of Decree No. 140/2021/NĐ-CP.

Detainees are entitled to receive and send letters; make telephone calls in accordance with Clause 2, Article 39 of Decree No. 140/2021/NĐ-CP.

2. When making telephone calls with relatives, students and detainees must register the telephone number and the content of the call.

3. The principal of the educational rehabilitation school, the director of the compulsory education facility shall cooperate with local postal and telecommunications authorities to install telephone booths for students and detainees to communicate with their relatives.

4. The telephone booth must have staff monitoring and supervising telephone calls made by students and detainees. If inappropriate content is detected, which does not comply with the registered content, contravenes educational requirements, or affects security and order, a record must be made and disciplinary action proposed according to regulations. Telephone call charges shall be calculated based on the rates of the postal and telecommunications authority and paid by the students and detainees (except for free calls).

Article 6. Regulations on receiving money and gifts

1. Students are entitled to receive money and gifts in accordance with Clause 3, Article 24 of Decree No. 140/2021/NĐ-CP.

Detainees are entitled to receive money and gifts in accordance with Clause 3, Article 39 of Decree No. 140/2021/NĐ-CP.

2. Gifts from students and detainees must be inspected thoroughly before being brought into the educational rehabilitation school or compulsory education facility. In cases where relatives purchase items from the school cafeteria and send them to students or detainees, cafeteria sales staff must package the goods before delivery to prevent prohibited items from being concealed and brought into the educational rehabilitation school or compulsory education facility.

4. In cases where students or detainees refuse to accept money or gifts through postal services, a record must be made. The educational rehabilitation school or compulsory education facility shall return the postal item to the postal and telecommunications authority for return to the sender, with the sender bearing the postage costs.

Article 7. Provisions on managing money and items deposited for safekeeping

1. When arriving to implement a decision or during the implementation period at the educational rehabilitation school or compulsory education facility, students and detainees who have Vietnamese currency issued by the State Bank of Vietnam, banknotes, securities, foreign currencies, electronic payment cards, gold, silver, watches, precious jewelry, or other valuable items must deposit these items for safekeeping at the educational rehabilitation school or compulsory education facility and retrieve them upon leaving. If students or detainees wish to transfer such funds or items to family members or legal representatives, the educational rehabilitation school or compulsory education facility shall directly transfer or send them via postal service. The transfer of funds and items must be recorded in a record detailing the actual condition, quantity, type, shape, size, color, and other characteristics. Transfer fees for funds and items shall be borne by the students and detainees in accordance with regulations.

2. When transferring to another educational rehabilitation school, compulsory education facility, prison, detention center, or holding facility, students and detainees who have money or items deposited for safekeeping must have the educational rehabilitation school or compulsory education facility staff responsible for transferring these funds and items to the receiving facility. The handover process must be documented with signatures from both parties involved and the students or detainees.

3. In cases where students or detainees die, the remaining deposited funds and items, as well as personal property, must be clearly noted in the record of the deceased student or detainee and handed over to relatives or referred to the competent authority for resolution.

Article 8. Provisions on the use of deposit money

Students and inmates may use deposit money according to the following regulations:

1. Purchase foodstuffs, provisions, and goods at the school canteen of the educational facility or compulsory educational institution.

Each month, students and inmates are allowed to purchase foodstuffs and provisions up to five times the monthly average ration quantity prescribed by the State (this quantity is converted into money). The amount spent on goods for daily living does not count towards the additional food purchase allowance for students and inmates.

2. Pay for mailing letters, items, and telephone calls with relatives.

3. Send money back to relatives or receive it upon completion of the decision.

Chapter IV

IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect from December 12, 2022, and replaces Circular No. 43/2015/TT-BCA dated September 9, 2015, issued by the Minister of Public Security regarding visits; receipt and sending of letters, money, gifts; and telephone communication with students of educational facilities and inmates of compulsory educational institutions.

Article 10. Responsibility for Implementation

1. The Director of the Prison Management Police Department is responsible for guiding and inspecting the implementation of this Circular.

2. Heads of units under the Ministry, Directors of Provincial Police Departments, and relevant organizations and individuals are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Prison Management Police Department) for timely guidance./.