Circular No. 43/2015/TT-BCA on visiting; receiving, sending letters, money, gifts; making telephone calls for students at educational correctional schools and inmates at compulsory educational facilities.

CIRCULAR

Provisions on visits; receipt and sending of letters, money, gifts; telephone communication for

students at educational centers, inmates at compulsory education facilitiesspecialized agency under the People's Committee of the province/city.

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Pursuant to the Law on Handling Administrative Offenses 2012;

Pursuant to Article 24, Article 39 of Decree No. 02/2014/NĐ-CP dated January 10, 2014 stipulating the regime of application and enforcement of administrative measures involving placement in educational centers and compulsory education facilities;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Department of Judicial Police and Criminal Enforcement under the Ministry of Public Security;

The Minister of Public Security issues this Circular stipulating provisions on visits; receipt and sending of letters, money, gifts; telephone communication for students at educational centers, inmates at compulsory education facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures and formalities for visits, persons to be visited, staff organizing visits; procedures and formalities for receipt and sending of letters and gifts; receipt and use of money and medicines, and telephone communication for students at educational centers, inmates at compulsory education facilities.

Article 2. Applicability

This Circular applies to:

1. Students currently implementing decisions on administrative measures involving placement in educational centers (hereinafter referred to as students).

2. Inmates currently implementing decisions on administrative measures involving placement in compulsory education facilities (hereinafter referred to as inmates).

3. Authorities having jurisdiction to allow students at educational centers, inmates at compulsory education facilities to visit; receive and send letters, money, gifts; make telephone communications.

4. Organizations and individuals related to allowing students at educational centers, inmates at compulsory education facilities to visit; receive and send letters, money, gifts; make telephone communications.

Chapter II

Article 3. Visiting regime for students and inmates

Article 3. Standards, conditions, time, and location for visiting students and inmates

1. Visiting students

a) Students may meet relatives at the visiting house of the educational center (except in cases where they are violating the Educational Center's Internal Regulations and are isolated from other students);

b) Students may meet relatives for no more than three hours per visit. If students comply well with the Educational Center's Internal Regulations, actively study and work, or to exercise their rights and fulfill their obligations as prescribed by law, the Principal of the Educational Center may decide to extend the visitation period up to 48 hours per visit.

2. Visiting inmates

a) Inmates may meet relatives at the visiting house of the compulsory education facility twice a month (except in cases where they are violating the Compulsory Education Facility's Internal Regulations and are isolated from other inmates); inmates who have been rewarded may have an additional visit;

b) Inmates may meet relatives for no more than two hours per visit. If inmates comply well with the Compulsory Education Facility's Internal Regulations, actively study and work, or to exercise their rights and fulfill their obligations as prescribed by law, the Director of the Compulsory Education Facility may decide to extend the visitation period up to four hours per visit;

c) Inmates who show significant effort in labor, study, strictly adhere to the Compulsory Education Facility's Internal Regulations, or perform meritorious acts may be allowed by the Director of the Compulsory Education Facility to meet their spouse for up to 48 hours per visit and stay overnight in a private room at the visiting house.

3. Students and inmates may meet relatives from 7:00 AM to 11:00 AM in the morning and from 1:00 PM to 4:30 PM in the afternoon every day of the week, including holidays and public holidays. In cases where relatives of students or inmates are unaware of the visitation times or are too far away to visit during the scheduled times or in special circumstances, the Principal of the Educational Center or the Director of the Compulsory Education Facility shall consider and decide.

4. During visits, Vietnamese must be used; in cases where the visitor is a member of a minority ethnic group or a foreigner who does not know Vietnamese, an interpreter must be used or a staff member who knows the ethnic language or the foreign language must supervise.

5. When visiting students or inmates, visitors must be clean and tidy, have neat hair, wear long pants and shoes or sandals. For inmates, they must wear the provided long pants; if newly arrived and not yet issued clothing, they may borrow clothes or wear regular long pants (if available).

Article 4. Persons allowed 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).

Organizations and individuals allowed to visit students and inmates include:

a) Grandfathers, grandmothers, fathers, mothers, stepfathers, stepmothers, legal adoptive fathers, legal adoptive mothers, husbands, wives, biological children, daughters-in-law, sons-in-law, legal adoptive children, full brothers, full sisters, brothers-in-law, sisters-in-law, aunts, uncles, cousins;

b) Representatives of organizations or individuals other than those mentioned above who wish to visit students and inmates shall be considered and resolved by the Principal of the Educational Rehabilitation School or the Director of the Compulsory Education Facility if deemed appropriate for the legitimate needs and interests of the students and inmates and in accordance with management and educational requirements.

Article 2. Responsibilities of persons visiting students and inmates

a) Persons visiting students and inmates must comply with the provisions of the law, the Internal Regulations of the Educational Rehabilitation School, the Compulsory Education Facility, and the Visitor House Regulations; they must follow the guidance of the staff of the Educational Rehabilitation School and the Compulsory Education Facility;

b) Persons visiting students and inmates are not permitted to bring weapons, toxic substances, explosives, flammable materials, radioactive materials, communication devices, laptops, cameras, video recorders, audio recorders into the visiting area. In cases where visitors bring such items, they must hand them over to the staff responsible for managing the visit and retrieve them after the visit has concluded.

Article 5. Procedures for Visiting Students and Inmates

1. Procedures for Visiting Students

Relatives and representatives of organizations coming to visit students must present their Identity Card or Citizen Identification Card (except for those under 14 years old) or Passport, or a certificate confirming that they are officers, soldiers, workers, or employees of the People's Army or the People's Public Security Force, or an introduction letter from their organization. If they do not have these documents, they must submit a request letter with a photograph attached, which must be confirmed by the People's Committee or the Public Security Police of the commune where they reside or by their workplace or school, stamped on the request letter and affixed to the photograph.

2. Procedures for Visiting Inmates

a) Relatives and representatives of organizations coming to visit inmates must present one of the types of documents specified in Clause 1 of this Article and must submit a request for a visit with confirmation from the People's Committee or the Public Security Police of the commune where they reside or by their workplace or school.

In cases where relatives visiting students or inmates do not have the documents specified in Clause 1 of this Article, the request for a visit must be accompanied by a photograph confirmed by the People's Committee or the Public Security Police of the commune where they reside or by their workplace or school, stamped on the request letter and affixed to the photograph;

b) Inmates are allowed to meet their spouses for up to 48 hours per visit in a private room at the Visitor House, during which time they must present a marriage certificate or a certificate from the People's Committee of the commune confirming their actual marital status, and must provide a commitment to comply with the law, the Internal Regulations of the Compulsory Education Facility, the Visitor House Regulations, and family planning measures, as well as preventing sexually transmitted diseases.

Female inmates are allowed to meet their husbands in a private room at the Visitor House and must use contraception and provide a commitment not to become pregnant during their stay at the Compulsory Education Facility.

3. The Educational Rehabilitation School or the Compulsory Education Facility shall issue a Visit Book to students, inmates, or their relatives according to a unified model provided by the General Bureau of Criminal Enforcement and Legal Assistance, signed and stamped by the Principal of the Educational Rehabilitation School or the Director of the Compulsory Education Facility to establish a list of relatives of students and inmates. The list of relatives of students and inmates in the Visit Book must be confirmed by the People's Committee or the Public Security Police of the commune where they reside or by their workplace or school.

Article 6. Visiting House for Students, Detainees

1. Each educational facility for juveniles or each branch of such a facility (if there are branches) must have a Visiting House for Students; each compulsory education facility or each section of such a facility (if there are sections) must have a Visiting House for Detainees constructed according to the design model of the Ministry of Public Security, located in a convenient place for visiting and managing visits. The Visiting House must be equipped with necessary tools and facilities to serve the visiting and daily activities of students' and detainees' relatives.

2. The Visiting House must display signs "Visiting House for Students" and "Visiting House for Detainees", and provide suggestion boxes for relatives, students, and detainees to reflect opinions and make suggestions.

3. No fees shall be charged for each visit by relatives to students or detainees, nor shall additional meeting time be provided.

Article 7. Staff Organizing Visits

1. Allocation of staff organizing visits

a) Staff organizing visits must be professional officers with appropriate qualifications, capabilities, work experience, and management and supervision skills over students and detainees;

b) The allocation of staff organizing visits follows a rotation system, with each person serving in this role not exceeding two years.

2. Responsibilities of staff organizing visits

a) Accepting and checking the documents of visitors as stipulated in Article 5 of this Circular;

b) Compiling a list of students and detainees eligible for visits, reporting to the Principal of the educational facility for juveniles or the Director of the compulsory education facility for approval and signature before processing the visit;

c) Managing and supervising students and detainees from the moment they are received until they are handed over to the duty officer of the educational facility for juveniles or the compulsory education facility and signing in the Register of Entry and Exit of Students and Detainees;

d) Not using students, detainees, or others to handle documents or procedures for visits;

đ) Proposing leadership to strengthen staff to coordinate in handling visits when many people visit at the same time;

e) Updating all information in the Visit Monitoring Register;

g) Not causing inconvenience; receiving and sending letters; accepting money and gifts outside the Visiting House or outside the designated area for students and detainees to visit; arbitrarily receiving, transferring letters, money, and gifts to students and detainees, and not accepting anything from the relatives of students and detainees or from students and detainees who give, present, or offer;

h) Not allowing students and detainees to use their own phones to communicate with others.

Chapter III

RECEIVING AND SENDING LETTERS, GIFTS, AND USING MEDICINES

Article 8. Receiving and Sending Letters; Receiving Gifts

1. Receiving and Sending Letters

a) Students and detainees may receive letters during visits. Letters of students and detainees must be carefully checked by staff before being brought into the educational facility for juveniles or the compulsory education facility;

b) Students and detainees may send letters. For detainees, they can send two letters per month. In cases where students or detainees are seriously ill or need to exercise rights and obligations under the law, or in other necessary situations, telegrams may be sent. The Principal of the educational facility for juveniles or the Director of the compulsory education facility must check and review letters and telegrams sent and received by students and detainees.

2. Receiving Gifts

a) Students and detainees may receive gifts (excluding alcohol, tobacco, stimulants, prohibited items, and cultural products banned by law) during visits. Gifts of students and detainees must be carefully checked by staff before being brought into the educational facility for juveniles or the compulsory education facility. If relatives of students or detainees purchase items from the cafeteria of the educational facility for juveniles or the compulsory education facility to send to students or detainees, the cafeteria staff must carefully inspect and package the items before delivery, to prevent prohibited items from being concealed and brought into the educational facility for juveniles or the compulsory education facility;

b) Students and detainees may receive postal packages twice a month through the post office, with each package not exceeding seven kilograms (kg), if sent in one shipment then it cannot exceed fourteen kilograms (kg). Students and detainees who comply well with the Internal Regulations of the educational facility for juveniles or the compulsory education facility, achieve good results in labor and study, or perform meritorious deeds, may receive an additional shipment not exceeding five kilograms (kg). The educational facility for juveniles or the compulsory education facility is responsible for inspecting postal packages sent through the post office by students and detainees;

c) Students and detainees may not receive or use goods, food, or items that do not meet hygiene and safety standards, or items prohibited from being brought into the educational facility for juveniles or the compulsory education facility as prescribed by law.

3. The educational facility for juveniles or the compulsory education facility shall guide students and detainees to inform their relatives about the goods, items, and cultural products that students and detainees are not allowed to receive, and the address of the location where students and detainees are implementing the decision (team, group, branch, section) so that relatives can send letters and gifts to the correct address.

Article 9. Receiving and Using Medicines for Treatment

1. Students and inmates are entitled to receive medicines, tonics, health supplements with labels indicating their contents, quantities, functions, place of production, and expiration date when they meet with visitors or through postal services.

2. Educational institutions and compulsory educational facilities shall provide separate cabinets for storing medicines, tonics, and health supplements sent by relatives to students and inmates. Health staff at these institutions are responsible for managing the medicine cabinet, supervising, and guiding students and inmates on the use of medicines. Expired medicines must be destroyed with a record signed (or stamped if illiterate) by the student or inmate as witness. Upon completion of the decision or transfer to another location, health staff must check and return unused medicines to the student or inmate or hand over the medicines along with the health records to the receiving unit.

3. When students or inmates require medicines due to illness, health staff shall issue medicines based on the medical condition and treatment plan, guide them on usage, and clearly note in the medical record: "Medicine sent by relatives" or record it in the Monitoring Book. Students and inmates must sign (or stamp if illiterate) their name in the medical record or Monitoring Book upon receipt and use of medicines.

4. Educational institutions and compulsory educational facilities shall instruct students and inmates to inform their relatives of the address where they are serving the decision (team, group, branch, area) so that relatives can send medicines to the correct address.

Chapter IV

MANAGEMENT OF DEPOSITED ITEMS, RECEIVING AND USING MONEY, MAKING PHONE CALLS

Article 10. Management of Deposited Items

1. Students and inmates who have Vietnamese currency issued by the State Bank of Vietnam, banknotes, securities, foreign currencies, electronic payment cards, gold, silver, watches, valuable jewelry, unused clothing, or other valuable items must deposit them at the educational institution or compulsory educational facility upon arrival or during their stay there and retrieve them upon departure. If students or inmates wish to transfer these items to their relatives or legal representatives, the educational institution or compulsory educational facility shall directly deliver them to the relatives or send them via postal service. Students and inmates must pay the postage fees for sending items according to regulations.

2. When transferring to another educational institution or compulsory educational facility, detention center, temporary detention center, or holding house, students and inmates with deposited money or items must have the educational institution or compulsory educational 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 student or inmate.

3. In cases where students or inmates die, the remaining deposited money and items, as well as personal property, must be clearly recorded in the death record and handed over to their relatives or resolved according to the law.

Article 11. Receiving and Using Money

1. Receiving Money

a) When relatives visit and give Vietnamese money to students or detainees, the staff responsible for organizing visits shall be responsible for receiving the money and guiding the relatives to complete the procedures for depositing the money at the educational rehabilitation facility or compulsory educational institution;

b) Students may receive Vietnamese money sent through the post office up to four times a month, while detainees may receive it twice a month. The principal of the educational rehabilitation facility or the director of the compulsory educational institution shall assign staff to collect Vietnamese money from the post office for students and detainees and process the deposit procedures according to regulations;

c) Bonuses and overtime pay for increased productivity shall be transferred into the deposit accounts of students and detainees;

d) Educational rehabilitation facilities and compulsory educational institutions shall guide students and detainees to inform their relatives of the address where they are serving their decisions (team, group, branch, area) so that relatives can send money to the correct address;

đ) The receipt of money as stipulated in points a, b, and c of Clause 1 of this Article must be handed over to the staff responsible for managing deposits and recorded in the tracking book; simultaneously, students and detainees who receive money must be informed and record the amount in their purchase books;

2. Using Money

Students and detainees may use deposited money, bonuses, and other lawful sources of money through purchase books issued by the General Bureau of Criminal Enforcement and Judicial Assistance according to the following provisions:

a) Purchasing food, beverages, and goods at the cafeteria of the educational rehabilitation facility or compulsory educational institution;

Each student may purchase food and beverages up to five times a month, and each detainee may purchase them up to three times a month based on the average monthly ration set by the State (this ration is converted into money). The cost of purchasing goods for daily life does not count towards the number of times food and beverages can be purchased additionally by students and detainees;

b) Paying for telegrams and telephone calls with relatives;

c) Sending money back to relatives or reclaiming it upon completion of the decision;

Article 12. Telephone Communication

1. Students' Telephone Communication

a) Students may make telephone calls to relatives, with each call lasting no more than five minutes. In cases where students need to communicate with relatives to resolve issues related to their legitimate rights and interests, the principal of the educational rehabilitation facility may increase the number of calls, duration, and content of communication with relatives;

b) Students who violate the rules of the educational rehabilitation facility and are isolated from other students or are under investigation, prosecution, or trial for criminal offenses, or are involved in other criminal cases being examined and processed, are not allowed to make telephone calls to relatives;

c) When making telephone calls to relatives, students must register the phone number to be called; use Vietnamese to make the call, and if they belong to ethnic minorities who do not know Vietnamese, there must be someone who knows the ethnic language to supervise;

d) The principal of the educational rehabilitation facility shall arrange a telephone booth and staff to monitor and supervise students' telephone communications. The cost of telephone calls is calculated according to the price set by the postal and telecommunications authority and paid by the students (except for free calls);

2. Detainees' Telephone Communication

a) Detainees may make domestic telephone calls to relatives once or twice a month, with each call lasting no more than five minutes. Detainees who comply well with the rules of the compulsory educational institution and are rewarded may have their monthly telephone calls to relatives increased by one additional time per month, decided by the director of the compulsory educational institution. In cases where detainees need to communicate with relatives to resolve issues related to their legitimate rights and interests, the director of the compulsory educational institution may increase the number of calls, duration, and content of communication with relatives;

b) Detainees who violate the rules of the compulsory educational institution and are isolated from other detainees or are under investigation, prosecution, or trial for criminal offenses, or are involved in other criminal cases being examined and processed, are not allowed to make telephone calls to relatives;

c) When making telephone calls to relatives, detainees must pre-register the phone number to be called, the content of the conversation, and use Vietnamese during the call; if they belong to ethnic minorities who do not know Vietnamese, there must be someone who knows the ethnic language to supervise;

d) Detainees' telephone calls must be supervised by staff. Supervisors must keep a logbook to track and update information and content exchanged during telephone conversations;

đ) The director of the compulsory educational institution shall arrange a telephone booth and assign staff capable of closely monitoring the content of information exchanged by detainees. If inappropriate content is detected, which does not match the registered content, violates educational requirements, or affects security and order, the call must be immediately stopped, and if necessary, a report should be made and disciplinary action proposed;

e) The cost of telephone calls is calculated according to the price set by the postal and telecommunications authority and paid by the detainees (except for free calls);

Chapter V

IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from October 26, 2015.

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. The General Bureau of Criminal Enforcement and Judicial Assistance shall be responsible for guiding, urging, and inspecting the implementation of this Circular.

2. Heads of Departments under the Ministry, Directors of Public Security, Fire Prevention and Fighting Services in provinces and centrally administered cities, and relevant organizations and individuals are responsible for implementing this Circular.

During implementation, if difficulties or obstacles arise, local public security agencies shall report to the Ministry of Public Security (through the General Bureau of Criminal Enforcement and Judicial Assistance) for timely guidance./.