Decree No. 49/2020/NĐ-CP detailing the implementation of the Criminal Execution Law regarding community reintegration

DECREE

Detailed Implementation Regulation of the Criminal Enforcement Law on Reintegration into Society Regarding Reintegration into Society

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Pardon Law dated November 19, 2018;

Pursuant to the Criminal Enforcement Law dated June 14, 2019; On the proposal of the Minister of Public Security;

The Government promulgates this Decree detailing the implementation of the Criminal Enforcement Law on Reintegration into Society.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree specifies concrete measures for preparing the reintegration into society of prisoners; measures ensuring the reintegration into society of persons who have completed their sentences (collectively referred to as measures ensuring reintegration into society); responsibilities of ministries, local people's committees at all levels, and relevant agencies, organizations, and individuals in implementing measures ensuring reintegration into society.

Article 2. Applicability

This Decree applies to prisoners before completing their sentences, those granted pardon, or released early with conditions at prisoner detention facilities (collectively referred to as prisoners); persons granted pardon, persons released early with conditions, and persons who have completed their sentences and returned to society (collectively referred to as persons who have completed their sentences), including Vietnamese citizens, foreigners, and stateless persons permanently residing in Vietnam; agencies, organizations, and individuals related to the implementation of measures ensuring reintegration into society.

Article 3. Principles Ensuring Reintegration into Society

1. Implementing the provisions of this Decree and other relevant laws; ensuring the participation of agencies, organizations, individuals, and families in implementing measures ensuring reintegration into society.

2. Creating favorable conditions for persons who have completed their sentences to reintegrate into society, stabilize their lives, prevent recidivism, and violations of the law.

3. Strictly prohibiting any discriminatory behavior, differential treatment, or infringement upon the rights and legitimate interests of prisoners and persons who have completed their sentences.

Article 4. Funding for Implementing Reintegration into Society

1. State funding allocated to ensure the implementation of measures ensuring reintegration into society shall be included in the annual regular budget estimates of agencies and units according to the current state budget allocation.

2. The prison community integration fund established under Article 34 of the 2019 Criminal Enforcement Law shall support prisoners upon completion of their sentences to reintegrate into society. The State encourages agencies and organizations to establish funds in accordance with the law to support community reintegration activities and assist persons who have completed their sentences in obtaining loans for vocational training, job creation, and stabilizing their lives.

3. Agencies, organizations, and individuals directly implementing measures ensuring reintegration into society may accept money, foreign currency, goods, negotiable instruments, and other property rights from voluntary contributions by domestic and foreign agencies, organizations, and individuals for use in community reintegration activities in compliance with the law:

a) For monetary contributions: agencies and organizations receiving money must maintain separate accounting records for the contributions; if the contribution is in foreign currency, diamonds, precious stones, precious metals, or other valuable items, they must organize sales to commercial banks or auction organizations and deposit the proceeds into the agency or organization's account;

b) For non-monetary contributions: agencies and organizations receiving contributions must handle handover procedures, prepare storage areas, and ensure safe storage for use;

c) For intangible contributions: agencies and organizations receiving contributions must manage and use them in accordance with intellectual property laws and other current laws;

d) The use of voluntary contributions and other lawful revenues (if any) for community reintegration activities must be planned, specifying the purpose, beneficiaries, methods of implementation, progress, quality of activities, and detailed budget estimates consistent with current financial standards and norms.

Chapter II
MEASURES FOR PREPARING THE REINTEGRATION INTO SOCIETY OF PRISONERS

Article 5. Psychological counseling and legal procedure support for prisoners

1. Within two months before a prisoner completes their sentence or after the competent authority has reviewed and agreed with the recommendation for amnesty or conditional early release, detention facilities shall organize psychological counseling and provide legal procedure support for prisoners.

2. Psychological counseling aims to provide prisoners with knowledge, help them orient themselves, and enhance their ability to resolve difficulties and obstacles encountered during the process of reintegration into society. The content of counseling includes:

a) Counseling on emotional issues, marriage, family, health; prevention and control of drug abuse, HIV/AIDS, and social evils;

b) Counseling to eliminate feelings of shame and inferiority; building willpower, confidence, and coping skills to address issues arising during the process of reintegration into society;

c) Counseling on labor, employment, utilization of learned trades, social insurance, and other related matters.

3. Methods of psychological counseling for prisoners:

a) Detention facilities shall organize for prisoners to register their counseling needs through forms detailing the required counseling topics or actively identify issues requiring counseling among prisoners. Based on this, staff experienced and knowledgeable in relevant fields shall be assigned to provide direct counseling to prisoners. Counseling can be conducted individually or in groups for prisoners with similar counseling needs;

b) Individual counseling must be carried out in consultation rooms equipped with desks, chairs, and necessary tools for counseling.

4. Prisoners preparing to complete their sentences shall be supported in legal procedures such as: registration of residence; registration of household records; issuance of identification cards; loan applications, business registration, signing of labor contracts, and other administrative procedures as prescribed by law.

Article 6. Vocational Guidance and Enhancement of Employment-seeking Skills for Prisoners

1. Detention facilities have the responsibility to assess the capabilities, needs, conditions, and circumstances of each prisoner to guide them in formulating plans for community reintegration; cooperate with Employment Service Centers to provide labor market information, vocational guidance, and job placement services for prisoners.

2. Based on the abilities, needs of prisoners, the labor market, and specific conditions, three months before a prisoner completes their sentence, detention facilities shall develop plans and coordinate with relevant agencies and units to organize vocational training, skill enhancement, and certification for prisoners.

3. Juvenile prisoners under 18 years old shall be prioritized for vocational training and skill enhancement to facilitate their community reintegration.

Article 7. Financial support from the Community Integration Fund for prisoners when reintegrating into society

1. Prisoners who have completed their prison sentences, been granted amnesty, or released early with conditions before returning to their place of residence shall be provided financial assistance from the Community Integration Fund of the prison.

2. Based on the available funds in the Community Integration Fund, the Warden of the prison shall decide on the appropriate amount of financial support suitable for each prisoner's specific circumstances and conditions.

1. Two months prior to a prisoner completing their prison sentence, the detention facilities shall notify the Criminal Enforcement Agency of the Public Security Department at the district level, the People's Committee of the commune-level administrative unit, or the organization, entity, or workplace where the person will reside or work upon completion of their sentence, in accordance with Clause 1 of Article 46 of the 2019 Criminal Enforcement Law.

2. In cases where a prisoner does not have a place to rely on, cannot determine their place of residence after serving their sentence, and falls within the category of individuals eligible for care and maintenance at a social welfare facility, the detention facilities shall request the People's Committee of the commune-level administrative unit and the Labor, Invalids, and Social Affairs authority of the locality where the prisoner serves their sentence to coordinate in processing the admission procedures for the prisoner into the local social welfare facility immediately after they complete their sentence.

Chapter III
MEASURES TO ENSURE REINTEGRATION INTO SOCIETY FOR PERSONS COMPLETING PRISON SENTENCES

Article 9. Information, Communication, and Education on Reintegration into Society

1. Information, communication, and education on reintegration into society aim to guide and encourage community participation in education, assistance, and the elimination of prejudice, discrimination, and unequal treatment against persons completing prison sentences; enhance awareness and compliance with the law, and prevent recidivism and violations of the law among such persons.

2. Content of information, communication, and education on reintegration into society:

a) The Party and State's policies and laws regarding the reintegration of persons completing prison sentences into society;

b) Citizens' rights and obligations, and the rights and obligations of persons completing prison sentences as stipulated in legal normative documents;

c) Effective measures, experiences, models, and exemplary practices in managing, educating, assisting, and combating prejudice, discrimination, and unequal treatment against persons completing prison sentences;

d) Positive factors participating in implementing measures to ensure reintegration into society and outstanding examples of rehabilitation and progress;

e) Other relevant contents related to ensuring the reintegration of persons completing prison sentences into society.

3. Forms of information, communication, and education:

a) Through mass media, grassroots information systems, the Internet, electronic information websites, and government agency portals;

b) Distribution of promotional publications and materials;

c) Through specialized lectures, community activities, counseling, and individual education organized by speakers, communicators, local authorities, and social organizations;

d) Through traditional cultural forms, folk culture, literary and artistic creation;

e) Other forms of information, communication, and education.

Article 10. Psychological assistance and support for legal procedures

1. Psychological assistance aims to support and assist individuals who have completed their prison sentences in building confidence, resilience, and determination to reintegrate into society and prevent negative behaviors and violations of the law. The content of psychological assistance includes counseling to eliminate feelings of self-doubt; training life skills and social integration skills; enhancing the ability to independently resolve difficulties and obstacles in social relationships. Psychological assistance is provided immediately when individuals who have completed their prison sentences return to their place of residence through the following forms:

a) Organizing individual and group counseling sessions;

b) Providing information and materials based on the needs for assistance of individuals who have completed their prison sentences;

c) Through community meetings, forums with topics related to the areas where individuals who have completed their prison sentences need assistance;

d) Counseling through social media, websites, emails, telephones, and other means of communication and information dissemination.

2. Individuals who have completed their prison sentences are supported and guided in necessary legal procedures when participating in criminal proceedings as a party; as a party in civil or administrative proceedings; when entering into civil contracts; applying to the court for a decision to expunge criminal records, requesting issuance of a criminal record certificate, and implementing other administrative procedures as prescribed by law.

Article 11. Vocational Training and Employment Creation for Individuals Who Have Completed Their Prison Sentences

1. Individuals who have completed their prison sentences participating in vocational training at college, secondary, or primary levels, or less than three months, are exempted or granted reductions in tuition fees, enjoy residential policies, and are supported with training costs, food expenses, and travel expenses if they fall under the category eligible for vocational training support according to current laws. In cases where individuals who have completed their prison sentences do not qualify for such support policies as stipulated by law, the Provincial People's Committee shall consider and decide on vocational training support policies for these categories.

3. Individuals who have completed their prison sentences under the age of eighteen are prioritized for vocational training and supported with loans to create employment opportunities; children who have completed their prison sentences are subject to appropriate measures of support, intervention, and protection according to the law.

4. Based on the needs of individuals who have completed their prison sentences and the realities of the labor market, the Employment Service Center organizes free job counseling and referral services for individuals who have completed their prison sentences; monitors and reports on the employment status of individuals referred by the center to the competent state management agency for employment services.

Article 12. Other Support Measures

1. Persons who have completed their prison sentences shall be received, educated, and assisted by local authorities, agencies, units, organizations, and individuals to reintegrate into society and prevent violations of the law.

2. The State encourages agencies, units, organizations, and individuals to participate in advisory activities, support legal procedures, vocational training, job placement, and assistance for persons who have completed their prison sentences to reintegrate into society; encourages the employment of such persons in state agencies, organizations, production and business establishments.

3. Agencies, units, organizations, and individuals participating in supervising, educating, and assisting persons who have completed their prison sentences shall be given priority in renting state-owned housing and infrastructure; they shall enjoy tax exemption and reduction regimes according to relevant tax laws and implementing regulations.

4. Provincial People's Committees shall base on their planning authority, land use plans, local residential land funds, and other resources to assist organizations and individuals in vocational training and job creation for persons who have completed their prison sentences.

Chapter IV
RESPONSIBILITIES OF MINISTRIES, PEOPLE'S COMMITTEES AT ALL LEVELS, AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN IMPLEMENTING MEASURES TO ENSURE REINTEGRATION INTO SOCIETY

Article 13. Responsibilities of the Ministry of Public Security

1. Assist the Government in monitoring, directing, and guiding the implementation of measures to ensure reintegration into society.

2. Coordinate with related ministries and sectors to study, develop, and promulgate specific regulations and policies regarding measures to ensure reintegration into society.

4. Direct detention facilities to implement preparatory measures for reintegration into society for prisoners as prescribed.

5. Organize inspections, audits, supervision, interim reviews, and final evaluations, and report periodically or upon request to the Government on the results of implementing the Law on Enforcement of Criminal Penalties concerning reintegration into society.

Article 14. Responsibilities of the Ministry of National Defense

1. Direct military prisons under the Ministry of National Defense and military district detention centers to implement preparatory measures for reintegration into society for prisoners.

2. Direct the implementation of reception, deployment, and policy resolution for individuals who were military personnel before being sentenced to imprisonment, helping them stabilize their lives and reintegrate into society.

3. Guide, inspect, audit, supervise, and report to the Government on the situation and results of implementing measures to ensure reintegration into society.

1. Coordinate with the Ministry of Public Security and the Ministry of National Defense to implement advisory activities, career guidance, job placement, and enhance job-seeking skills for prisoners preparing to complete their prison sentences; guide the issuance of vocational certificates for prisoners in detention facilities.

2. Direct and guide labor, invalids, and social affairs agencies at all levels to cooperate with local functional agencies in developing plans, organizing vocational training, providing advice and job placement, offering loans for vocational training, and creating jobs for persons who have completed their prison sentences; advise provincial people's committees on considering and deciding on supportive policies for vocational training and preferential loans for persons who have completed their prison sentences with difficult circumstances to create jobs and place them in social welfare institutions if they lack support.

Article 16. Responsibilities of the Ministry of Justice

1. Direct and guide civil enforcement agencies to review and prepare files requesting courts to consider exemption or reduction of civil enforcement obligations for persons who have completed their prison sentences when they meet the conditions; handle complaints and reports on civil enforcement according to the law.

3. Coordinate with the Ministry of Public Security and other functional agencies to study, amend, supplement, and perfect related legal documents to provide a full and appropriate legal basis for effectively implementing community reintegration work for persons who have completed their prison sentences.

Take the lead and coordinate with relevant ministries and sectors to direct central and local news agencies and media outlets to implement information dissemination, education, and communication activities on reintegration into society as stipulated in Article 9 of this Decree.

Article 18. Responsibilities of the Ministry of Finance

Allocate state budget funds to ensure the implementation of measures for community reintegration in accordance with the current state budget classification.

Article 19. Responsibilities of relevant ministries, agencies, and organizations

Ministries and other agencies and organizations, within their assigned functions, tasks, and authorities, shall be responsible for directing and guiding the coordination in implementing measures for community reintegration.

Article 20. Responsibilities of the People's Committees of provinces and centrally governed cities

1. Direct the implementation of measures for community reintegration, crime prevention, and law violation prevention.

2. Develop programs, plans, and assign specific tasks to levels, sectors, agencies, and organizations in implementing measures for community reintegration.

4. Decide on establishing social funds and charitable funds proposed by agencies, organizations, and individuals in accordance with the law to support and assist individuals who have completed their prison sentences in obtaining loans for vocational training, job creation, and stabilizing their lives.

5. Allocate the budget in accordance with the State Budget Law to implement measures for community reintegration; consider and decide on supportive policies for vocational training and preferential loans for individuals who have completed their prison sentences to create jobs and adopt appropriate policies to encourage agencies, organizations, and individuals to create conditions for individuals who have completed their prison sentences to learn trades, find employment, stabilize their lives, and integrate into the community.

1. Organize the implementation of measures for community reintegration; adopt suitable policies to encourage agencies, organizations, and individuals to create conditions for individuals who have completed their prison sentences to learn trades, find employment, and stabilize their lives.

2. Direct the People's Committee at the commune level, mass organizations, and social organizations to carry out the work of receiving, supervising, educating, and assisting individuals who have completed their prison sentences in residing locally.

3. Organize vocational training and job placement to help individuals who have completed their prison sentences reintegrate into the community; implement other assistance policies as prescribed by law.

Article 22. Responsibilities of the People's Committee at the commune level

1. Implement measures for community reintegration for individuals who have completed their prison sentences residing in the locality.

2. Assign organizations and individuals responsible for receiving, supervising, educating, and assisting individuals who have completed their prison sentences; inspect, urge the implementation, and mobilize residents in the community to closely cooperate with families in supervising, educating, and assisting individuals who have completed their prison sentences.

3. Mobilize and create favorable conditions for businesses, production bases, organizations, and individuals engaged in business operations to accept and assist in providing employment for individuals who have completed their prison sentences.

4. Provide psychological assistance, support legal procedures; process applications to request competent courts to review and decide on expunging criminal records in special cases for individuals who have completed their prison sentences and have shown significant progress and meritorious deeds as prescribed by law; report and propose competent authorities to review and shorten probation periods; exempt from serving remaining terms of additional penalties; exempt or reduce civil execution obligations for individuals who have completed their prison sentences when they meet the conditions stipulated by law; prioritize selecting individuals who have completed their prison sentences to participate in public employment policies; apply support, intervention, and protection measures for children who have completed their prison sentences upon returning to the community; implement policies for individuals who have completed their prison sentences falling under the category of social welfare recipients.

1. Advise and assist the Chairman of the People's Committee at the provincial level to direct the implementation of measures to ensure community reintegration for individuals who have completed their criminal sentences.

2. Develop plans, direct, and guide the Public Security authorities at the district level to implement tasks related to receiving, managing, supervising, educating, and assisting individuals who have completed their criminal sentences, thereby creating conditions for them to exercise other rights and obligations of citizens as prescribed by law.

3. Take the lead and coordinate with relevant departments, mass organizations, and social organizations to help individuals who have completed their criminal sentences overcome difficulties and stabilize their lives.

4. Direct the criminal enforcement agencies of the local public security forces to periodically or upon request compile data, situations, and evaluate the results of receiving, managing, supervising, educating, and assisting individuals who have completed their criminal sentences in community reintegration; report to the Ministry of Public Security and the same-level People's Committee.

1. Advise and assist the People's Committee at the district level to organize the implementation of measures to ensure community reintegration for individuals who have completed their criminal sentences residing in the locality.

2. Coordinate with relevant agencies, organizations, and functional units to guide, inspect, and urge the Public Security authorities at the commune level to implement tasks related to managing, supervising, educating, and assisting individuals who have completed their criminal sentences in community reintegration.

3. Coordinate with relevant agencies, departments, mass organizations, and social organizations to mobilize businesses and individuals engaged in production and business to provide loans and job introductions for individuals who have completed their criminal sentences.

4. Direct the Criminal Enforcement Agency of the District Public Security Authority to prepare files requesting competent authorities to consider shortening probation periods; exempting remaining terms of supplementary punishments; exempting or reducing civil execution obligations for individuals who have completed their criminal sentences when they meet the conditions stipulated by law; periodically or upon request, compile data, situations, and evaluate the results of receiving, managing, supervising, educating, and assisting individuals who have completed their criminal sentences in community reintegration; report to the Provincial Public Security Authority and the same-level People's Committee.

Article 25. Responsibilities of Commune Public Security Authorities

1. Advise and assist the Chairman of the People's Committee at the commune level to implement measures to ensure community reintegration for individuals who have completed their criminal sentences residing in the locality.

2. Proactively grasp the situation, conditions, circumstances, and legitimate aspirations of individuals who have completed their criminal sentences to advise and guide them in implementing their personal community reintegration plans and propose recommendations to the same-level People's Committee to create favorable conditions to assist them in resolving difficulties and stabilizing their lives.

3. Prepare files for managing, supervising, and educating individuals who have completed their criminal sentences; coordinate with the Vietnam Fatherland Front and social organizations to advise the Chairman of the People's Committee at the commune level to assign organizations and individuals to directly manage, supervise, educate, and assist these individuals.

4. Guide and assist individuals who have completed their criminal sentences in completing procedures for registering residence, registering household registration, obtaining identification cards, obtaining criminal history certificates, and applying for the cancellation of criminal records; proactively report to the People's Committee at the commune level to process requests for the competent court to consider and decide on the cancellation of criminal records for individuals who have completed their criminal sentences in special cases as prescribed by law.

5. Pay attention to and assist in ensuring security and order, creating favorable conditions for organizations, individuals, and enterprises participating in education, vocational training, and job placement for individuals who have completed their criminal sentences.

6. Timely review and propose the Chairman of the People's Committee at the commune level to apply support, intervention, and protection measures for minors who have completed their criminal sentences; educational measures at the commune, ward, town level, and handling of individuals who have completed their criminal sentences for recidivism and violations of law and obligations as prescribed by law.

7. Periodically or upon request, compile and report on the situation, results, and propose recommendations and suggestions related to the management, supervision, education, and assistance of individuals who have completed their criminal sentences in community reintegration.

Article 26. Agencies, organizations, individuals, and families participating in education and assistance for persons who have completed their sentences

1. Proactively grasp the activities, thoughts, wishes, advantages, and difficulties of persons who have completed their sentences to coordinate with local authorities and relevant agencies and organizations to unify educational and assistance measures, enabling such persons to implement their community reintegration plans; seek employment and stabilize their lives.

2. Encourage and remind persons who have completed their sentences to comply with state policies and laws, local government regulations; fulfill their commitments and obligations, actively work, study, and participate in social activities; promptly report any signs or behaviors violating laws by such persons to the police agency, People's Committee at the commune level, and local functional agencies for appropriate management and educational measures.

Chapter V
IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Decree takes effect from June 15, 2020.

2. Government Decree No. 80/2011/NĐ-CP dated September 16, 2011, concerning measures to ensure community reintegration for persons who have completed their sentences becomes ineffective from the date this Decree takes effect.

The Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, the Ministry of Justice, the Ministry of Information and Communications, and other relevant ministries and sectors shall, within the scope of their functions, tasks, and powers, be responsible for coordinating guidance and supervision of the implementation of this Decree.

Article 29. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.