Circular No. 73/2019/TT-BCA on the implementation of democracy in detention facilities for prisoners, compulsory education centers, and rehabilitation schools under the Ministry of Public Security

CIRCULAR

Regulations on the implementation of democracy in detention facilities for prisoners, compulsory educational institutions, and rehabilitation schools under the Ministry of Public Security
compulsory education institutions, rehabilitation centers under the Ministry of Public Security

Pursuant to the Law on Handling Administrative Violations 2012;

Pursuant to the Amnesty Law 2018;

Pursuant to the Criminal Enforcement Law 2019;

Pursuant to Resolution No. 55/NQ-UBTVQH dated August 30, 1998 of the Standing Committee of the National Assembly on the issuance of regulations on the implementation of democracy in the activities of agencies;

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Prison Management Police Department, compulsory educational institutions, and rehabilitation schools,

The Minister of Public Security promulgates this Circular on the implementation of democracy in detention facilities for prisoners, compulsory educational institutions, and rehabilitation schools under the Ministry of Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the purpose, principles, contents, and forms of implementing democracy in prisons, sub-prisons managing prisoners in temporary detention centers, and holding houses (hereinafter referred to collectively as detention facilities for prisoners); compulsory educational institutions; rehabilitation schools under the Ministry of Public Security.

Article 2. This Circular applies to detention facilities for prisoners, compulsory educational institutions, and rehabilitation schools under the Ministry of Public Security; officers, non-commissioned officers, conscript soldiers, and public workers of the police (hereinafter referred to collectively as officers and soldiers); prisoners, inmates of compulsory educational institutions, and students of rehabilitation schools (hereinafter referred to collectively as prisoners, inmates, and students); agencies, organizations, and individuals related to the management of detention facilities for prisoners, compulsory educational institutions, and rehabilitation schools.

Article 2. Purpose of Implementing Democracy in Detention Facilities for Prisoners, Compulsory Educational Institutions, and Rehabilitation Schools

1. To promote the people's right to self-governance, mobilize the comprehensive strength of the people in managing and educating prisoners, inmates, and students; ensuring that prisoners, inmates, and students fully exercise their rights and legitimate interests as prescribed by law.

2. To build a force capable of effectively performing tasks of managing, educating, and reforming prisoners; managing and educating inmates and students, maintaining integrity and strength, operating efficiently, and combating negative phenomena such as bureaucracy, corruption, harassment, and infringement upon the rights and legitimate interests of agencies, organizations, individuals, and prisoners, inmates, and students.

3. To promote the right of supervision over the implementation of democracy in detention facilities for prisoners, compulsory educational institutions, and rehabilitation schools by relevant agencies and organizations as prescribed by law.

Article 3. Principles of Implementing Democracy in Detention Facilities for Prisoners, Compulsory Educational Institutions, and Rehabilitation Schools

1. Compliance with the Constitution, laws, and regulations of the Ministry of Public Security regarding the management, education, and reform of prisoners, inmates, and students.

2. Respect and protection of life, health, honor, dignity, property, rights, and legitimate interests of prisoners, inmates, and students.

3. Strict prohibition and resolute handling of any actions exploiting democracy to harm the interests of the State, rights, and legitimate interests of agencies, organizations, individuals; obstructing the activities of judicial bodies, the performance of tasks of managing, educating, and reforming prisoners, managing and educating inmates and students; violating regulations on the management, education, and reform of prisoners, inmates, and students.

Chapter II

SPECIFIC PROVISIONS

Section 1

CONTENTS AND FORMS OF PUBLIC ANNOUNCEMENT FOR AGENCIES,

 ORGANIZATIONS, INDIVIDUALS, AND PRISONERS, INMATES, STUDENTS TO BE AWARE OF

Article 4. Contents for Public Notification

1. State policies and laws, internal regulations of detention facilities for offenders, compulsory educational institutions, and reform schools; standards for commendation and classification of offenders, inmates, and students.

2. The situation of serving prison sentences, implementing decisions to be placed in compulsory educational institutions or reform schools, study conditions, labor, and health status of offenders, inmates, and students as stipulated by law.

3. Conditions, criteria, and results of amnesty, special amnesty, reduction of time served for prison sentences, conditional early release from prison, temporary suspension of sentence execution for offenders; reduction of time, temporary suspension, or exemption from remaining time of decisions to place in compulsory educational institutions or reform schools for inmates and students.

4. Living standards, food, accommodation, clothing, daily necessities, study materials, medical care; conditions, procedures, and times for visiting and meeting relatives, representatives of agencies, organizations, and individuals; for foreign offenders allowed to meet consular officials; sending and receiving letters, money, gifts, and making telephone calls with relatives according to the provisions of the law.

5. Disciplinary measures against offenders, inmates, and students who violate the law or internal regulations of detention facilities for offenders, compulsory educational institutions, and reform schools; rewards for offenders, inmates, and students with outstanding achievements on a regular or ad hoc basis.

6. Competent authority and location for handling complaints, accusations, and legitimate requests regarding rights of agencies, organizations, individuals, and offenders, inmates, and students. Results of inspections, verifications, and resolution of complaints, accusations, and requests of offenders, inmates, and students according to the law and this Circular.

7. Locations and schedules for meetings with agencies, organizations, individuals, offenders, inmates, and students; rules at locations for meetings with agencies, organizations, individuals, offenders, inmates, and students; suggestion boxes.

Article 5. Forms of Public Disclosure

1. By posting notices at citizen reception points, visitor houses, and common living areas within the scope of detention facilities for offenders, compulsory educational institutions, and reform schools.

2. Through the broadcasting system of detention facilities for offenders, compulsory educational institutions, and reform schools.

3. Announced at family meetings of offenders, inmates, and students.

4. Directly notified to each individual or before groups of offenders, inmates, and students, or through Self-Management Committees, teams, or groups of offenders, inmates, and students.

5. Other appropriate forms.

Article 6. Citizen Reception Points and Locations for Handling Matters Related to Offender Management in Detention Facilities for Offenders, Compulsory Educational Institutions, and Reform Schools

Citizen reception points and visitor houses should be located in convenient and easily identifiable places, equipped with necessary facilities for agencies, organizations, and individuals to contact, handle matters, or visit offenders, inmates, and students. At citizen reception points, there must be signs displaying the name of the agency or unit, the names of citizen reception officers, and the rules for citizen reception.

Section 2

MATTERS FOR AGENCIES, ORGANIZATIONS, INDIVIDUALS, OFFENDERS,

 INMATES, STUDENTS TO PARTICIPATE IN AND IMPLEMENT IN THE MANAGEMENT OF

 DETENTION FACILITIES FOR OFFENDERS, COMPULSORY EDUCATIONAL

 INSTITUTIONS, REFORM SCHOOLS

Article 7. Matters for agencies, organizations, and individuals participating in and implementing work related to the management of prisoners, detainees, and students at prisoner detention facilities, compulsory education centers, and rehabilitation schools.

1. Strictly comply with legal regulations in managing prisoner detention facilities, compulsory education centers, and rehabilitation schools.

2. Present relevant documents as required when visiting, meeting, or contacting prisoners, detainees, and students, and request resolution of related matters; strictly follow internal rules and instructions of officers and soldiers performing duties at prisoner detention facilities, compulsory education centers, and rehabilitation schools.

3. Detect and report acts of law violations in the management, education, and reform of prisoners, detainees, and students; participate in combating and preventing acts of violating internal rules at prisoner detention facilities, compulsory education centers, and rehabilitation schools, obstructing the activities of officers and soldiers at prisoner detention facilities, compulsory education centers, and rehabilitation schools as stipulated by law.

Article 8. Matters for prisoners, detainees, and students to provide opinions for the warden of the prison, temporary detention center, head of the temporary holding house, director of the compulsory education center, and principal of the rehabilitation school to decide.

1. Prisoners, detainees, and students have the right to participate in commendation and competition evaluations, classification, rewards, disciplinary actions, and propose suggestions for reducing sentence duration, suspending execution of imprisonment sentences, amnesty, conditional early release, reduction of sentence duration, or exemption from remaining time of compulsory education center or rehabilitation school decisions for themselves and other prisoners, detainees, and students within their teams.

2. Prisoners, detainees, and students have the right to lodge complaints and reports according to the law and must bear responsibility before the law regarding the content of complaints and reports; they can make proposals to the warden of the prison, temporary detention center, head of the temporary holding house, director of the compulsory education center, and principal of the rehabilitation school about negative manifestations, shortcomings in the management, detention, education, and reform of prisoners, detainees, and students by officers and soldiers while performing their duties at prisoner detention facilities, compulsory education centers, and rehabilitation schools; inappropriate statements, gestures, and actions violating the law by other prisoners, detainees, and students.

3. Prisoners, detainees, and students may participate in collective meetings of prisoners, detainees, and students and have the right to select and vote on individuals who meet the conditions and criteria to be proposed for membership in the Self-Management Board (hereinafter referred to as the Self-Management Board) or to propose the removal of individuals who do not meet the conditions and criteria for participation in the Self-Management Board. The Self-Management Board has the responsibility to assist the head of the prisoner detention facility, director of the compulsory education center, and principal of the rehabilitation school in maintaining order, environmental hygiene, internal rules, and cultural living habits at prisoner detention facilities, compulsory education centers, and rehabilitation schools; convey legitimate requests and aspirations of prisoners, detainees, and students to the head of the prisoner detention facility, director of the compulsory education center, and principal of the rehabilitation school.

4. Prisoners, detainees, and students shall implement the provision of opinions, proposals, and suggestions through the activities of the Self-Management Board, submitting them via suggestion boxes, direct dialogue, or other forms as prescribed by law and this Circular.

Section 3

RESPONSIBILITIES OF HEADS AND OFFICERS, SOLDIERS IN IMPLEMENTING DEMOCRACY AT PRISONER DETENTION FACILITIES,

COMPULSORY EDUCATION CENTERS, REHABILITATION SCHOOLS

COMPULSORY EDUCATION INSTITUTIONS, REHABILITATION CENTERS

Article 9. Responsibilities of the Prison Warden, Detention Center Warden, Head of Temporary Holding Facility, Director of Compulsory Education Institution, and Principal of Rehabilitation School

1\. Organize guidance, supervision, and inspection of officers and soldiers within the unit to implement and be responsible for the results of implementing the contents prescribed in Section 1, Chapter II of this Circular. Detect, examine, and handle officers and soldiers who violate regulations on practicing democracy in management, education, and reform of prisoners, detainees, and students.

2\. Create favorable conditions for prisoners, detainees, students, and relevant agencies, organizations, and individuals to implement the contents prescribed in Section 2, Chapter II of this Circular.

3\. Arrange suggestion boxes, complaint boxes, and denunciation boxes placed in prisoner cells, detainee rooms, student rooms, or common activity areas within the scope of the prisoner detention facility, compulsory education institution, or rehabilitation school. Hold direct dialogue meetings with prisoners, detainees, and students every six months.

4\. Regularly receive citizens, record their feedback, and promptly resolve complaints and denunciations from agencies, organizations, individuals, and prisoners, detainees, and students. Announce conclusions on the content of complaints and denunciations according to the provisions of the law.

5\. Implement measures to ensure the rights and responsibilities of those making suggestions, complaints, and denunciations according to the provisions of the law.

6\. Promptly handle acts of exploiting the practice of democracy in prisoner detention facilities, compulsory education institutions, and rehabilitation schools under the Ministry of Public Security that infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals according to the provisions of the law.

Article 10. Responsibilities of officers and soldiers at prisoner detention facilities, compulsory education institutions, and rehabilitation schools

1\. Strictly implement the provisions set forth in Article 3, Chapter I of this Circular.

2. Strictly comply with the Regulations of the People's Public Security when interacting and working with agencies, organizations, and individuals.

3\. Timely detect and report to the leadership of the unit any violations of regulations on practicing democracy in management, education, and reform of prisoners, detainees, and students.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from January 26, 2020, replacing Circular No. 05/2016/TT-BCA dated January 20, 2016, issued by the Minister of Public Security on practicing democracy in prisons, compulsory education institutions, and rehabilitation schools under the Ministry of Public Security.

Article 12. Responsibility for Implementation

1\. The Director of the Department of Prison Management, Compulsory Education Institutions, and Rehabilitation Schools and the Director of the Department of Legal Affairs and Administrative Reform, Judicial Affairs have the responsibility to urge and inspect the implementation of this Circular.

2\. Heads of units directly under the Ministry, Directors of Provincial Police Departments, Principal of Rehabilitation Schools, Directors of Compulsory Education Institutions, and Principals of Rehabilitation Schools are responsible for implementing this Circular.

3\. Every six months, annually, and when requested by the Steering Committee for Practicing Democracy at the Base of the Ministry of Public Security, prisoner detention facilities, compulsory education institutions, and rehabilitation schools shall organize mid-term and final reviews of the implementation of this Circular, and report the results to the Department of Prison Management, Compulsory Education Institutions, and Rehabilitation Schools for consolidation and reporting to the Steering Committee for Practicing Democracy at the Base of the Ministry of Public Security.

4\. During the implementation process, if there are any difficulties, units shall reflect them to the Ministry of Public Security (through the Department of Prison Management, Compulsory Education Institutions, and Rehabilitation Schools, the Department of Legal Affairs and Administrative Reform, Judicial Affairs) to receive timely guidance.