Circular No. 46/2011/TT-BCA on inmates meeting relatives; receiving and sending letters; receiving money and gifts; and making telephone calls to relatives

CIRCULAR

Regulations on inmates meeting relatives; receiving and sending letters;
receiving money, gifts and making telephone calls with relatives
 

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 regulations on inmates meeting relatives; receiving and sending letters; receiving money, gifts from relatives, organizations, or individuals and making telephone calls with relatives as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the regulations on inmates serving custodial sentences at prisons, detention centers, and temporary holding facilities meeting relatives; receiving and sending letters; receiving money, gifts from relatives, organizations, or individuals and making telephone calls with relatives.

Article 2. Applicability

This Circular applies to inmates serving custodial sentences at prisons, detention centers, and temporary holding facilities and related agencies, organizations, and individuals; it does not apply to consular visits for foreign inmates.

Chapter II
ORGANIZING INMATES TO MEET RELATIVES

Article 3. Visiting Regime for Relatives

1. Inmates may meet relatives once every one month (except in cases where they violate the prison, detention center, or temporary holding facility rules and are being held in disciplinary cells), each visit lasting no more than one hour. Inmates who comply well with the prison, detention center, or temporary holding facility rules, actively study and work or fulfill their rights and obligations under the law may have their visiting time extended up to three hours upon approval by the Prison Director, Detention Center Director, or Head of the Criminal Enforcement Agency of the Police Department of the district, town, city, or provincial police department (Head of the Criminal Enforcement Agency of the district police department). Inmates who are rewarded may have an additional visit within one month. Inmates who comply well with the prison, detention center, or temporary holding facility rules or make meritorious contributions may meet their spouse in a private room for up to 24 hours.

2. Juvenile inmates may meet relatives no more than three times in one month, each visit lasting no more than three hours; if they comply well with the prison, detention center, or temporary holding facility rules, actively study and work or fulfill their rights and obligations under the law, their visiting time may be extended up to 24 hours.

3. The Prison Director, Detention Center Director, or Head of the Criminal Enforcement Agency of the district police department must organize for inmates to meet relatives according to the visiting regime on all days of the week, holidays, and Tet holidays as prescribed. Visiting hours in the morning are from 7:30 to 11:00, and in the afternoon from 13:00 to 16:30.

Article 4. Persons eligible to visit inmates

1. Relatives of inmates eligible to visit include: paternal and maternal grandparents; biological father and mother; father-in-law or mother-in-law; legally adopted father and mother; wife or husband; biological children, daughters-in-law, sons-in-law, legally adopted children; full brothers, sisters; brothers-in-law, sisters-in-law; aunts, uncles, cousins.

2. Representatives of organizations or individuals requesting to visit inmates shall be considered and resolved by the Prison Director, Detention Center Director, or Head of the Criminal Enforcement Agency of the district police department if deemed appropriate for the legitimate interests of the inmate and the requirements of managing and educating the inmate.

When meeting representatives of organizations or individuals, inmates may receive letters, cash, and items (excluding prohibited items listed for entry into prisons, detention centers, or temporary holding facilities) and use them in accordance with Article 46 of the Law on Execution of Criminal Sentences and this Circular.

Article 5. Procedures for visiting inmates

1. Relatives visiting inmates must be named in the Visitor's Book (for first-time visitors without a Visitor's Book, they must have a visit request letter confirmed by the People's Committee or Police Station of the place of residence or the organization or institution where they work or study) and must present one of the following documents (except those under 16 years old): Identity Card; Passport; certificate confirming they are officers, soldiers, workers, or staff members of the People's Army or People's Public Security Force. If the visitor does not have identification, they must submit a request letter with a photograph confirmed by the People's Committee or relevant authority, stamped on the letter and the photograph.

2. Prisons, detention centers, and the Criminal Enforcement Agency of the district police department issue the Visitor's Book for inmates according to a unified model of the General Bureau of Criminal Enforcement and Legal Aid. The Visitor's Book must be signed and stamped by the Prison Director, Detention Center Director, or Head of the Criminal Enforcement Agency of the district police department and confirmed by the People's Committee or Police Station of the place of residence or the organization or institution where the person works or studies regarding the list of relatives of the inmate.

3. Spouses of inmates who meet the conditions to visit for three to twenty-four hours in a private room must have a marriage registration certificate or a confirmation letter from the People's Committee or Police Station verifying the actual marital status. If staying overnight with the inmate, they must sign a commitment to strictly follow the House Visit Rules, manage and supervise the inmate during the visit, prevent the inmate from violating laws and rules of the prison, detention center, or temporary holding facility, and implement family planning and prevent sexually transmitted diseases. Female inmates meeting their husbands in a private room must use contraception and sign a commitment not to become pregnant during the sentence.

4. Procedures for foreign inmates to visit shall be implemented in accordance with Clause 5, Article 46 of the Law on Execution of Criminal Sentences.

5. During communication, visitors and inmates must speak in Vietnamese; in cases where ethnic minority people or foreigners do not know Vietnamese, they must use interpreters or have officials who know the ethnic language or that language supervise the conversation.

Article 6. Responsibilities of Relatives and Prisoners in Visits

1. All persons visiting prisoners must strictly comply with the law, the House Rules for Visits, and follow the guidance of officers responsible for organizing visits and other responsible officers.

2. When meeting relatives, prisoners must strictly comply with the Detention Center Rules, Temporary Detention Center Rules, Holding Facility Rules, and House Rules for Visits, and follow the guidance of officers responsible for organizing visits. Before meeting relatives, prisoners must be clean and wear long pants provided and shoes or sandals. In cases where newly arrived prisoners have not yet been provided with clothing, they may borrow clothing or wear regular long pants (if available), but such clothing must bear the required stamp.

Article 7. Standards and Responsibilities of Staff Organizing Visits

1. Officers responsible for organizing visits must be professional staff with appropriate qualifications, capabilities, work experience, and management and supervision skills. The assignment of officers to organize visits shall be on a rotating basis, with each person serving in this role not exceeding two years.

2. While performing their duties, officers responsible for organizing visits must strictly comply with the Regulations of the People's Public Security Force. It is strictly prohibited for officers and soldiers to engage in negative behaviors, causing inconvenience in organizing visits, allowing prisoners to meet relatives; receiving and sending letters; accepting money and gifts outside the visitation house or outside the designated area for prisoner visits; arbitrarily receiving and transferring letters, money, and gifts for prisoners.

3. Officers responsible for organizing visits have the responsibility to accept and check the documents of visitors, prepare a list of prisoners to be visited, submit it to the Warden of the Detention Center, the Warden of the Temporary Detention Center, or the Head of the Criminal Enforcement Agency of the County Police for approval before the visit; and manage and supervise prisoners from the time they receive them until they return them to the gate of the detention center, temporary detention center, or holding facility to the duty officer and sign the Prisoner Entry and Exit Register. It is strictly prohibited to use prisoners or others to handle documents and procedures for visits instead of officers. In cases where multiple relatives visit at the same time, the officer assigned to organize visits must request additional personnel from the leadership to cooperate in handling the visits according to regulations and closely manage and supervise prisoners, maintaining overall security and order.

4. Officers responsible for organizing visits must maintain a Visit Logbook, updating all necessary information to compile and reflect the situation, serving well the management, education, and rehabilitation of prisoners, combating crime, and storing documents according to the file management system of the Public Security sector.

Article 8. Visiting Room for Prisoners

1. Each detention unit must have a visitation house for prisoners built according to the design model of the Ministry of Public Security in a location convenient for managing, supervising prisoners, and organizing visits. The visitation house must be equipped with necessary tools to serve the requirements of visits and the living needs of prisoner relatives. For temporary detention centers and holding facilities, depending on specific conditions, the Warden of the Temporary Detention Center or the Head of the Criminal Enforcement Agency of the County Police will arrange suitable locations for visits.

2. The visitation house must display a sign "Prisoner Visitation House" and have a suggestion box for relatives and prisoners to provide feedback and suggestions.

3. It is strictly prohibited to charge fees based on the number of relatives visiting prisoners or to charge fees for prisoners to extend their visitation time.

Chapter III
ORGANIZING FOR PRISONERS TO
RECEIVE AND SEND LETTERS; ACCEPT GIFTS, USE MEDICINE FOR TREATMENT

Article 9. Organizing for prisoners to receive and send letters and gifts

1. When meeting relatives, prisoners may receive gifts and letters. Letters and gifts of prisoners must be carefully inspected by staff responsible for organizing visits before being brought into the detention center.

2. Prisoners are allowed to send two letters each month; in cases deemed necessary such as when prisoners are seriously ill or need to exercise their rights and obligations as prescribed by law, they may send telegrams. The warden of the detention center, the warden of the temporary detention center, and the head of the criminal enforcement agency at the district level police must inspect and review letters and telegrams sent and received by prisoners.

3. In addition to receiving letters and gifts during meetings with relatives, prisoners are allowed to receive gifts through the post twice a month, not exceeding five kilograms per time (if sent once, it shall not exceed ten kilograms). Prisoners who comply well with the Detention Center Regulations, have achievements in labor or study, or perform meritorious acts may receive an additional gift not exceeding five kilograms. The warden of the detention center, the warden of the temporary detention center, and the head of the criminal enforcement agency at the district level police must organize inspections of letters and gifts sent through the post for prisoners and handle them according to the provisions of the law.

4. It is strictly prohibited for prisoners to receive and use goods or items listed in the prohibited items list for bringing into detention centers, temporary detention centers, and holding facilities as prescribed by law.

5. The warden of the detention center, the warden of the temporary detention center, and the head of the criminal enforcement agency at the district level police are responsible for guiding prisoners to inform their relatives about the goods, items, and cultural products that prisoners are not allowed to receive and to provide the correct address where the prisoner is serving their sentence (team, group, sub-detention center) so that relatives can send letters and gifts to the correct address.

6. Based on specific conditions, detention centers, temporary detention centers, and criminal enforcement agencies at the district level police organize canteen activities to sell food, essential goods, and other items to prisoners. The prices of food, essential goods, and other items must be approved by the warden of the detention center, the warden of the temporary detention center, and the head of the criminal enforcement agency at the district level police, and after deducting reasonable costs, they must not be higher than the retail prices in the locality.

The General Bureau of Criminal Enforcement and Judicial Assistance shall specify the organization of canteen activities in detention centers, temporary detention centers, and holding facilities.

Article 10. Organizing for prisoners to receive and use medicines

1. Relatives of prisoners may send medicines and health supplements to prisoners when visiting or through the post. Medicines sent by relatives to prisoners must have labels indicating the dosage, function, place of production, and expiration date.

2. Medicines and health supplements sent by relatives to prisoners must be stored separately. Health staff at the detention center, temporary detention center, and criminal enforcement agency at the district level police are responsible for inspecting, managing, and guiding prisoners to use medicines and health supplements sent by relatives according to regulations. Expired medicines must be recorded in a destruction log witnessed and confirmed by the prisoner's signature or fingerprint. When prisoners complete their sentences or are transferred elsewhere, health staff must check, reconcile, and return unused medicines to the prisoner or hand over the medicines along with the prisoner's health records to the receiving unit.

3. When prisoners are sick and require medication, health staff will issue medicine based on the illness and treatment plan, and guide prisoners to use the medicine under the witness of staff. Each prisoner uses only their own medicine, which must be clearly noted in the medical record as "Medicine sent by relatives" or recorded in the monitoring book. Prisoners receiving and using medicine must sign or affix their fingerprints (if they cannot write) in the medical record or monitoring book.

4. Depending on specific conditions, detention centers and temporary detention centers may cooperate with local pharmaceutical companies to set up pharmacies in sub-detention centers to meet the needs of disease prevention, treatment, and health protection for prisoners. Pharmacy operations must comply with legal regulations. Pharmacies are managed, sold, and held accountable by pharmacy staff at the detention center and temporary detention center. Prices of medicines must be approved by the warden of the detention center, the warden of the temporary detention center, and after deducting reasonable costs, they must not be higher than the retail prices in the locality.

Chapter IV
MANAGEMENT OF DEPOSITED ITEMS
AND ORGANIZING FOR PRISONERS TO RECEIVE AND USE CASH

Article 11. Management of Deposited Items

When arriving at a prison, temporary detention center, or pre-trial detention facility to serve a sentence, if an inmate has cash from the State Bank of Vietnam (in physical form), banknotes, foreign currency, gold and silver, watches, rare jewelry, unused clothing, or other valuable items, they must deposit these items for management by the prison, temporary detention center, or the criminal enforcement agency of the county-level public security organ, and can retrieve them upon leaving the prison, temporary detention center, or pre-trial detention facility. If an inmate requests to transfer money or personal belongings to their relatives or legal representatives, the prison, temporary detention center, or the criminal enforcement agency of the county-level public security organ shall be responsible for executing the transfer directly to the relatives or sending it via postal service. The inmate must pay the storage fee according to the prescribed rates.

Article 12. Organization for Inmates to Receive and Use Cash

1. When meeting with relatives, inmates may receive cash. Additionally, every two months, inmates may receive cash sent by their relatives. The prison, temporary detention center, or the criminal enforcement agency of the county-level public security organ shall be responsible for receiving, managing, and guiding the use of cash in accordance with the law. During the period of serving a sentence, inmates are not allowed to use negotiable instruments, foreign currency, or directly use cash. Inmates with cash may use it to purchase food, goods, and services for daily living, send telegrams, and make telephone calls through a deposit system managed by the prison, temporary detention center, or pre-trial detention facility. It is strictly prohibited for inmates to store or directly use cash within the prison, temporary detention center, or pre-trial detention facility. The General Bureau of Criminal Enforcement and Legal Aid shall provide detailed guidance on the procedures for purchasing goods, sending telegrams, and making telephone calls by inmates.

2. When relatives visit and give cash to inmates, staff responsible for organizing visits shall accept and sign the Visitor's Logbook (if there is no Visitor's Logbook, they must issue a receipt for the person who sent the money). If relatives send cash to inmates via postal service, the warden of the prison, the warden of the temporary detention center, or the head of the criminal enforcement agency of the county-level public security organ shall assign staff to collect the money from the post office, then hand over this amount to the staff responsible for depositing it into the tracking and management logbook, while simultaneously informing the inmate who will receive the money and recording this amount in the inmate's goods purchase logbook.

3. Rewards, overtime pay, and increased productivity bonuses shall be transferred into the deposit system for inmates to use to purchase goods at the cafeteria, send telegrams, make telephone calls with relatives, send money back to relatives, or reclaim upon completion of the sentence.

4. Each month, an inmate may purchase food and supplies up to three times the average monthly ration quantity set by the state (this quantity is converted into cash). The cost of purchasing other types of goods such as medicine, toothpaste, soap, shirts, pants... does not count towards the additional food and supply purchase amount for the inmate.

5. When transferring cash or deposited items to another prison, temporary detention center, or pre-trial detention facility, staff must execute the transfer of these funds and items to the receiving facility. The transfer must be documented with signatures from both the transferring and receiving parties, as well as the inmate.

6. In the event of an inmate's death, the remaining unused deposited cash, deposited items, and other personal property must be clearly recorded in the inmate's death record and handed over to their relatives or resolved according to the provisions of the law.

Chapter V
ORGANIZING FOR PRISONERS TO
TELEPHONE CONTACT WITH RELATIVES

Article 13. Organizing for convicts to make telephone contact with their relatives

1. Prisons, detention centers, criminal enforcement agencies at the district level shall cooperate with local postal and telecommunications authorities to install and organize for convicts to make telephone contact with their relatives. The cost of making telephone calls shall be calculated according to the price set by the postal and telecommunications authority and shall be paid by the convict.

2. Convicts may make domestic telephone contact with their relatives once every month, each call not exceeding five minutes. Juvenile convicts may make telephone contact with their relatives up to four times a month, each call not exceeding ten minutes. Convicts who comply well with the prison rules, detention center rules, temporary holding house rules, and have achievements in labor and study shall have the Warden of the prison, the Warden of the detention center, or the Head of the criminal enforcement agency at the district level decide to increase the number of telephone contacts with their relatives by one additional time. When making telephone contact with their relatives, convicts must speak in Vietnamese. If they are ethnic minority individuals or foreigners who do not know Vietnamese, there must be someone who knows the foreign language or ethnic language present to supervise. In special cases, when convicts need to communicate with their relatives to address urgent issues related to their rights and legitimate interests, the Warden of the prison, the Warden of the detention center, or the Head of the criminal enforcement agency at the district level shall decide to increase the duration and content of the telephone communication with their relatives.

3. Convicts undergoing disciplinary measures in punishment cells; convicts appealing or protesting through cassation or revision procedures; convicts under investigation, prosecution, or trial for other crimes or cases being examined and processed shall not be allowed to make telephone contact with their relatives.

4. It is strictly prohibited for convicts to make telephone calls abroad, to make calls to incorrect phone numbers, to discuss content not registered, to use slang, foreign languages, or ethnic minority languages without supervision by staff who understand those languages.

5. All telephone contacts between convicts and their relatives must be supervised by staff. The Warden of the prison, the Warden of the detention center, or the Head of the criminal enforcement agency at the district level shall arrange telephone booths and assign staff capable of closely monitoring the information exchange between convicts and their relatives. If inappropriate content is discovered, the call must be immediately terminated. If necessary, a record should be made and disciplinary action proposed.

6. Supervisory staff must maintain a logbook to update information on organizing telephone contact between convicts and their relatives.

7. It is strictly prohibited for officers, soldiers, workers, and employees to allow convicts to use personal phones to contact others. It is strictly prohibited for convicts to bring phones into prisons, detention centers, or temporary holding houses; using their own or others' phones to contact their relatives and others.

Chapter VI
IMPLEMENTATION

Article 14. Effective Date

This Circular takes effect from August 15, 2011.

Article 15. Responsibility for Implementation

1. Comrades General Directors, Heads of units directly under the Minister, Provincial Police Chiefs, and Wardens of prisons, Wardens of detention centers, and Heads of criminal enforcement agencies at the district level within their respective functions, tasks, and authorities shall be responsible for implementing this Circular.

2. The General Director of the Criminal Enforcement Bureau and Legal Aid Support shall be responsible for issuing a system of logbooks and forms to ensure uniform implementation nationwide; monitoring, guiding, and inspecting the implementation of this Circular.

3. During the implementation process, if difficulties or obstacles arise, police units and localities shall report to the Ministry (through the Criminal Enforcement Bureau and Legal Aid Support) for timely guidance.