Circular No. 71/2012/TT-BCA stipulates the allocation of responsibilities and coordination relationships among People's Public Security units in implementing community reintegration work for individuals who have completed their criminal sentences.

CIRCULAR

Regulations on the allocation of responsibilities and coordination relationships among units of the People's Public Security in implementing community reintegration workfor individuals who have completed their criminal sentences The Minister of Public Security issues this Circular to regulate the allocation of responsibilities and coordination relationships among units of the People's Public Security in implementing community reintegration work for individuals who have completed their criminal sentences,

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Pursuant to 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;

Pursuant to Decree No. 80/2011/NĐ-CP dated September 16, 2011 of the Government stipulating measures to ensure reintegration into society for individuals who have completed their sentences;

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

This Circular stipulates the allocation of responsibilities and coordination relationships among units of the People's Public Security in implementing the reception, management, education, and assistance work for individuals granted amnesty and those who have completed their criminal sentences and returned to the community (collectively referred to as community reintegration work for individuals who have completed their criminal sentences).

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to public security units at all levels and localities; organizations and individuals related to the implementation of community reintegration work for individuals who have completed their criminal sentences.

Article 2. Applicability

1. Adhere to the provisions of the Criminal Enforcement Law, Decree No. 80/2011/NĐ-CP dated September 16, 2011 of the Government stipulating measures to ensure community reintegration for individuals who have completed their criminal sentences, the provisions of this Circular, and other relevant regulations.

Article 3. Principles of Cooperation

2. Perform duties, powers, and responsibilities assigned, comply with laws and regulations, and the regulations of the People's Public Security.

3. Ensure close, timely, and effective coordination among units of the People's Public Security in implementing community reintegration work for individuals who have completed their criminal sentences.

Article 4. In the work of receiving, managing, educating, and assisting individuals who have completed their criminal sentences to reintegrate into the community

Chapter II
SPECIFIC PROVISIONS

1. The General Bureau of Criminal Enforcement and Judicial Assistance (General Bureau VIII) is the permanent agency of the Ministry of Public Security in implementing Decree No. 80/2011/NĐ-CP dated September 16, 2011 of the Government stipulating measures to ensure community reintegration for individuals who have completed their criminal sentences (Decree No. 80/2011/NĐ-CP) shall be responsible for leading and coordinating with relevant agencies and units:

a) Advise the Ministry of Public Security to coordinate with relevant ministries and sectors to study, develop, and issue specific regulations on the content and measures to ensure community reintegration for individuals who have completed their criminal sentences.

b) Direct and guide detention centers, temporary detention centers, and holding houses to implement conditions ensuring community reintegration for inmates about to complete their sentences; coordinate with competent authorities to issue or submit to the competent authority for issuance specific regulations on the content, programs, education, and counseling activities for inmates in detention centers, temporary detention centers, and holding houses.

c) Inspect, guide, and compile results of implementing measures to ensure community reintegration.

d) Prepare regular funding to ensure community reintegration work for individuals who have completed their criminal sentences, report to the Ministry to include it in the annual budget estimate.

2. The General Bureau of Administrative Management of Social Order (General Bureau VII) shall be responsible for:

a) Lead and coordinate with General Bureau VIII and the General Department of Mass Mobilization for National Security (V28) to guide provincial-level public security organs (collectively referred to as provincial-level public security organs) to direct administrative management forces to implement specific contents and measures in the work of receiving, managing, educating, and assisting individuals who have completed their criminal sentences until they are discharged from their criminal records according to the Penal Code and the Criminal Procedure Code.

b) Lead and direct administrative management forces of public security organs at all localities to implement the work of receiving individuals who have completed their criminal sentences; advise local party committees and governments on assigning organizations and individuals responsible for managing, educating, and assisting individuals who have completed their criminal sentences; guide procedures for registering residence, issuing Identity Cards, and supporting the resolution of other legal procedures within their jurisdiction for individuals who have completed their criminal sentences returning to their locality.

3. The General Department of Mass Mobilization for National Security (V28) shall be responsible for:

a) Advise the leadership of the Ministry to incorporate the implementation of measures to ensure community reintegration for individuals who have completed their criminal sentences into plans and measures for building mass mobilization for national security and the people's movement work of the People's Public Security.

b) Lead and coordinate with relevant units to guide and direct public security organs at all localities to cooperate with departments, associations, social organizations to continue to vigorously implement the campaign to mobilize the masses to participate in educating and assisting individuals who have completed their criminal sentences in the community.

b) Take the lead and coordinate with relevant units to guide and direct the public security agencies at all localities to cooperate with various departments, sectors, social organizations, and mass organizations to continue intensifying the implementation of the nationwide movement encouraging all citizens to participate in educating and assisting individuals who have completed their prison sentences and returned to the community.

Article 5. Work on building and promoting advanced models and exemplary cases in community reintegration work for individuals who have completed their criminal sentences

1. The General Department VIII shall be responsible for:

a) Coordinating with domestic and foreign communication agencies within the People's Public Security Force to implement information dissemination, propaganda, and educational activities regarding community reintegration work; mobilizing agencies, mass organizations, social organizations, and individuals to participate in management, education, and assistance to individuals who have completed their criminal sentences; eliminating prejudices, discrimination, and creating a healthy social environment for them to stabilize their lives and reintegrate into the community.

b) Directing the Criminal Enforcement Police and Judicial Assistance Police forces at local public security offices to compile advanced models and exemplary individuals in the management, education, and assistance work for individuals who have completed their criminal sentences to reintegrate into the community and stabilize their lives; promptly reporting results and experiences in building and promoting advanced models and exemplary cases in the management, education, and assistance work for individuals who have completed their criminal sentences to reintegrate into the community.

c) Guiding and exchanging experiences in building, promoting, and disseminating advanced models and exemplary individuals; proposing commendations for collectives and individuals with outstanding achievements in community reintegration work for individuals who have completed their criminal sentences.

2. The General Department VII shall be responsible for:

a) Directing provincial public security departments to guide administrative police forces to implement management and educational work for individuals who have completed their criminal sentences; building advanced models and exemplary cases in maintaining national security and public order at grassroots levels; identifying advanced models and exemplary cases in assisting individuals who have completed their criminal sentences to reintegrate into the community and promoting exemplary integration into the community for dissemination.

b) Directing administrative police forces at all levels to regularly review and assess the current situation, closely monitor the status of individuals who have completed their criminal sentences in each residential area; mobilizing the people to participate in educating and assisting these individuals at grassroots levels.

3. The Department V28 shall be responsible for:

Directing and guiding public security units and localities to build and promote advanced models and exemplary cases in the nationwide movement of all citizens protecting national security; advanced models and exemplary cases in mobilizing all citizens to participate in receiving, educating, and assisting individuals who have completed their criminal sentences to reintegrate into the community.

Article 6. Exchange of Information Related to Ensuring Community Reintegration for Individuals Who Have Completed Their Criminal Sentences

1. The General Department VIII shall be responsible for:

a) Directing prisons and detention centers under the Ministry of Public Security; criminal enforcement agencies and detention centers under provincial public security departments to implement the notification of results of serving criminal sentences and supplementary penalties (if any) and necessary related information as stipulated in Article 40 of the Criminal Enforcement Law to plan management, education, and assistance for their community reintegration.

b) Sending lists of prisoners approved by the Inter-ministerial Review Board for Conditional Pardon to provincial public security departments to proactively plan reception, management, education, and assistance for their community reintegration.

c) Annually and every six months, reporting to the General Department VII and the Department V28 the results of community reintegration work of units and localities nationwide.

2. The General Department VII shall be responsible for:

a) Directing administrative police forces at local public security departments to regularly every six months and annually compile and evaluate the current situation and status of individuals who have completed their criminal sentences; the number of individuals not returning to their place of residence, the number of individuals from other places completing their sentences and residing there; the number of recidivists and law violators; coordinating with the Criminal Enforcement Police and Judicial Assistance Police (PC81) and the Department for Mobilizing All Citizens to Protect National Security (PV28) to compile and advise the provincial public security department to report to the Ministry (through the General Department VIII).

b) Exchanging information with the General Department VIII and the Department V28 about the results of receiving, managing, educating, and assisting individuals who have completed their criminal sentences to reintegrate into the community, according to the functions and responsibilities of the administrative police force for public order.

3. The Department V28 shall be responsible for:

Annually compiling and reporting to the General Department VII and the General Department VIII on the results of building advanced models and exemplary individuals in the work of mobilizing all citizens to participate in receiving, educating, and assisting individuals who have completed their criminal sentences and those granted conditional pardon to reintegrate into the community.

Article 7. Responsibilities of Provincial, District, and Commune Police in Coordinating the Implementation of Community Reintegration Work

Provincial, district, and commune police shall be responsible for organizing the implementation of directives and guidance from competent agencies as stipulated in Articles 4, 5, and 6 of this Circular; concurrently, within their scope of functions and duties, they shall have the responsibility to:

1. Provincial Public Security Force:

a) Advise the Chairman of the Provincial People's Committee on directing the work of receiving, managing, educating, and assisting individuals who have completed their prison sentences to reintegrate into the community.

b) Develop plans, direct, and guide district police in implementing the work of receiving, managing, educating, and assisting individuals who have completed their prison sentences to reintegrate into the community;

c) Direct the Criminal Enforcement Agency of the provincial police to monitor and evaluate the results of receiving, managing, educating, and assisting individuals who have completed their prison sentences to reintegrate into the community, including exemplary cases, those not returning to their place of residence, recidivists, and law violators; compile and report to the Ministry of Public Security and the same-level People's Committee.

2. County-level Public Security Force:

a) Advise the Chairman of the District People's Committee on directing and organizing the implementation of the work of receiving, managing, educating, and assisting individuals who have completed their prison sentences residing in the locality.

b) Coordinate with relevant agencies and units to assist the same-level People's Committee in organizing the reception, management, education, and assistance of individuals who have completed their prison sentences; guide, inspect, and urge commune police to manage, educate, and assist such individuals.

c) Direct the Criminal Enforcement Agency of the district police to monitor and evaluate the results of receiving, managing, educating, and assisting individuals who have completed their prison sentences to reintegrate into the community, including exemplary cases, those not returning to their place of residence, recidivists, and law violators; compile and report to the provincial police and the same-level People's Committee.

3. Township-level Public Security Force:

a) Advise the Chairman of the same-level People's Committee on monitoring, managing, educating, and assisting individuals who have completed their prison sentences residing in the locality.

b) Establish files for managing and educating individuals who have completed their prison sentences; coordinate with relevant agencies and organizations to advise the Chairman of the Commune People's Committee on assigning organizations and individuals directly responsible for managing, educating, and assisting such individuals.

c) Compile and report on the situation, results, and propose recommendations on issues related to the management, education, and assistance of individuals who have completed their prison sentences to reintegrate into the community.

Article 8. Forms of Coordination in Implementing Community Reintegration Work

Police units and localities as stipulated in Articles 4, 5, and 6 of this Circular shall be responsible for coordinating and exchanging information with each other through written communication or directly participating in coordinated activities; if necessary, they may organize briefing meetings to coordinate the implementation of community reintegration work.

Article 9. Sample Documents Issued Together

The following sample documents are issued together with this Circular for use in implementing community reintegration work for individuals who have completed their prison sentences:

- Report on the Results of Receiving, Managing, Educating, and Assisting Individuals Who Have Completed Their Prison Sentences (Model No. 01).

- Report on Exemplary Models (Forms) of Community Integration (Model No. 02).

- Report on Individual Exemplary Cases in Community Integration Work (Model No. 03).

- Report on Individuals Who Have Completed Their Prison Sentences and Are Model Progressives (Model No. 04).

- Statistical Report on the Situation of Individuals Who Have Completed Their Prison Sentences (Model No. 05).

Chapter III
IMPLEMENTATION

Article 10. Effective Date

THIS CIRCULAR SHALL TAKE EFFECT FROM JANUARY 14, 2013.

Article 11. Responsibility for Implementation

1. Comrades General Directors, Heads of Units under the Ministry, and Provincial Police Directors within the scope of their functions and duties shall be responsible for implementing and organizing the implementation of this Circular.

2. The Eighth General Department shall be responsible for overseeing and urging police units and localities to organize the implementation of this Circular.

3. Provincial police shall be responsible for directing the 28th Investigation Departments, Crime Prevention Departments to cooperate with the 81st Investigation Departments to compile and report results periodically every six months (before May 20), annual reports (before November 20) to the Eighth General Department, and send copies to the Seventh General Department and the 28th Bureau.

During the implementation of this Circular, if there are difficulties or obstacles, police units and localities shall report to the Ministry (through the Eighth General Department) for timely guidance.

 

Form No. 01

Issued together with Decision No. 71/2012/TT-BCA dated November 27, 2012 of the Ministry of Public Security

 

REPORT

Results of Receiving, Managing, Educating, and Assisting Individuals Who Have Completed Their Prison Sentences
(For periodic six-month and annual reports)

I. DIRECTIVE AND IMPLEMENTATION WORK

- Advisory work for Party committees and authorities on directing the work of receiving, managing, educating, and assisting individuals who have completed their prison sentences to reintegrate into the community.

- Plan (Circular) of the Provincial Police (City) directing the implementation of the work of receiving, managing, educating, and assisting individuals who have completed their prison sentences.

- .............................................

II. IMPLEMENTATION RESULTS

1. Number of individuals who have completed their prison sentences residing in the locality

Total number:                    people, including:

- Number of individuals who have completed their prison sentences (prison under the Ministry):

- Number of individuals who have completed their prison sentences (detention center under the province/city):

- Number of individuals who have completed their prison sentences but did not return to their place of residence:

- Number of individuals who have completed their prison sentences coming from other provinces/cities to reside:

- Number of recidivists and law violators:

* Overall assessment of the situation of individuals who have completed their prison sentences (increase/decrease, recidivism, and law violations...: advantages and difficulties in implementation)

2. Results of Receiving, Managing, Educating, and Assisting Individuals Who Have Completed Their Prison Sentences

2.1. Receiving, Managing, Educating, and Assisting Work of Local Police.

- Assignment of organizations and individuals responsible for managing, educating, and assisting.

- Issuing and replacing Identity Cards.

- Guiding procedures for registering household registration, expunging criminal records, and issuing criminal history certificates.

- Supervising, detecting, preventing, and handling violations of the law.

2.2. Cooperate with agencies, departments, sectors, and social organizations to mobilize organizations, individuals, and businesses to support funding, vocational training, and job placement.

- Funding support, loan for vocational training (total amount):              VND

- Job placement:      persons

- Number of persons employed:              persons, including:

+ With assistance from state agencies, organizations, social groups, or businesses in job introduction or facilitation of employment:

+ Loaned funds from social policy banks or other Funds:

- Number of persons unemployed:      persons, reasons:

+ Insufficient capital for production and business:

+ Lack of skills:

+ Exceeding working age (men over 60; women over 55) or suffering from illness or accidents that render them unable to work:

+ Other reasons:

2.3. Local support measures (if applicable).

- Vocational training, job placement, and employment resolution:

- Support for families of offenders who have completed their sentences under particularly difficult circumstances (forms of support):

- .............................................

2.4. Advanced models and exemplary individuals, outstanding individuals in community reintegration after completing prison terms.

Evaluate the results of activities of advanced models and exemplary individuals in community reintegration work; outstanding examples of offenders who have progressed well after completing their sentences.

III. RECOMMENDATIONS, PETITIONS

Propose measures to enhance the effectiveness of reception, management, education, and assistance for offenders who have completed their sentences at the local level.

(attach reports according to forms number 2, number 3, number 4, number 5 to this report)