Resolution No. 54/2022/QH15 on piloting a model for organizing labor, vocational guidance, and training activities for prisoners outside detention centers

 RESOLUTION

Pilot model for organizing labor, vocational guidance, and vocational training activities for prisoners outside detention centers

for prisoners outside the detention facility

OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY NO. 57/2014/QH13, AS AMENDED BY SOME ARTICLES IN LAW NO. 65/2020/QH14;

Pursuant to the Law on Legislative Regulatory Documents No. 80/2015/QH13, which has been amended and supplemented by some articles according to Law No. 63/2020/QH14;

RESOLUTION:

Article 1. Implementing the pilot model for organizing labor, vocational guidance, and vocational training activities for prisoners outside detention centers under the Ministry of Public Security

1. This Resolution stipulates the pilot model for organizing labor, vocational guidance, and vocational training activities for prisoners outside detention centers under the Ministry of Public Security, wherein detention centers will pilot cooperation with domestic organizations to organize labor, vocational guidance, and vocational training activities for prisoners outside detention centers.

The detention center shall be responsible for developing the cooperation plan between the detention center and domestic organizations, directly managing and supervising the labor, vocational guidance, and vocational training areas outside the detention center, managing detention, education, and rehabilitation, and organizing labor, vocational guidance, and vocational training activities for prisoners as if they were within the detention center. Cooperating organizations shall be responsible for investing in and constructing material facilities for the labor, vocational guidance, and vocational training areas, handing them over to the detention center for management, and coordinating with the detention center to implement labor, vocational guidance, and vocational training activities for prisoners outside the detention center.

The cooperation plan between the detention center and domestic organizations shall be approved by the Enforcement Agency under the Ministry of Public Security.

2. The number of detention centers applying the pilot model under this Resolution shall not exceed one-third of the total number of detention centers under the Ministry of Public Security. The list of detention centers applying the pilot model shall be decided by the Ministry of Public Security based on principles and criteria prescribed by the Government.

3. The implementation of the pilot model for organizing labor, vocational guidance, and vocational training activities for prisoners outside detention centers shall follow the following principles:

a) Ensuring security and safety during the organization of labor, vocational guidance, and vocational training activities for prisoners outside detention centers; effectively serving educational reform and community reintegration for prisoners; creating conditions to help prisoners find employment after completing their sentences;

b) Prisoners participating in labor, vocational guidance, and vocational training activities outside detention centers must be voluntary, equal, and receive a portion of their labor compensation and fulfill rights and obligations as prescribed by the Criminal Execution Law;

c) Income from the results of labor, vocational guidance, and vocational training activities of prisoners outside detention centers during the pilot period shall be exempted from corporate income tax;

d) Industries and trades for organizing labor, vocational guidance, and vocational training activities for prisoners outside detention centers shall be those producing goods consumed domestically as prescribed by law.

4. Prisoners belonging to any of the following categories shall not be sent to labor, vocational guidance, and vocational training areas outside detention centers:

a) Prisoners convicted of offenses related to national security, disruption of peace, crimes against humanity, and war crimes;

b) Prisoners who have been sentenced two or more times;

c) Recidivists;

d) Organizers in joint criminal cases involving particularly serious crimes;

đ) Prisoners with remaining prison terms exceeding seven years;

e) Foreign prisoners;

g) Prisoners suffering from infectious diseases classified as Group A under the Law on Prevention and Control of Infectious Diseases;

h) Prisoners under 18 years old;

i) Prisoners aged 60 or older;

k) Prisoners currently classified as "Poor" in their execution of sentences;

l) Prisoners who have escaped from detention facilities or compulsory educational facilities;

m) Prisoners falling under any of the circumstances specified in Clause 3 and Clause 4, Article 32 of the Criminal Execution Law.

5. The People's Procuracy of the province where the detention center implementing the pilot program is located shall directly supervise the enforcement of sentences at the labor, vocational guidance, and vocational training areas for prisoners outside detention centers.

6. The People's Committee of the district and commune where the labor, vocational guidance, and vocational training areas for prisoners outside detention centers are located, within their scope of duties and powers, shall be responsible for cooperating with the detention center in ensuring public security, order, and social safety in the area.

7. The Government shall provide detailed regulations for Clauses 1, 2, 3, 4, and 6 of this Resolution. of this Article.

Article 2. Effective Date

This Resolution shall take effect from September 1, 2022, and be implemented for five years.

Article 3. Implementation Organization

1. The Government and the Supreme People's Procuracy, within their respective duties and powers, shall be responsible for organizing the implementation of this Resolution.

2. The Government shall report to the National Assembly on the mid-term review results of the implementation of this Resolution at the regular session in late 2025; report to the National Assembly on the final review results of the implementation of this Resolution and propose improvements to the laws on criminal execution at the regular session in mid-2027.

3. The Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, the Delegations of the National Assembly, National Assembly deputies, People's Councils at all levels, the Vietnam Fatherland Front, and its member organizations, within their respective duties and powers, shall supervise the implementation of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, third session, on June 16, 2022.