Decree No. 80/2011/NĐ-CP stipulates measures to ensure reintegration into society for individuals who have completed their criminal sentences.

DECREE

Regulations on Measures to Ensure Reintegration into Society

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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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Pardon Law dated November 21, 2007;

Considering the proposal of the Inspectorate Chief of the Ministry,

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree specifies the conditions and measures to ensure reintegration into society for individuals who have completed their prison sentences; the responsibilities of ministries, local people's committees at all levels, and relevant agencies, organizations, and individuals in ensuring the reintegration of individuals who have completed their prison sentences into society.

Article 2. Applicability

1. This Decree applies to prisoners about to complete their prison sentences in prisons, detention centers, and temporary holding facilities; individuals granted pardon, individuals who have completed their prison sentences and returned to society (collectively referred to as individuals who have completed their prison sentences), and organizations and individuals related to the reintegration of individuals who have completed their prison sentences into society.

2. This Decree does not apply to Vietnamese individuals who have completed their prison sentences and settled abroad, individuals without Vietnamese nationality, except in cases where foreigners and stateless persons are permanently residing in Vietnam.

Article 3. Principles for Ensuring Reintegration into Society for Individuals Who Have Completed Their Prison Sentences

1. Implementing this Decree and other relevant laws.

2. Creating favorable conditions for individuals who have completed their prison 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 individuals who have completed their prison sentences.

Article 4. Rights and Obligations of Individuals Who Have Completed Their Prison Sentences

1. Rights of individuals who have completed their prison sentences:

a) Being provided with assistance and support from local authorities, agencies, organizations, units, and individuals to facilitate reintegration into society;

b) Registering permanent residence and temporary residence according to the provisions of the law on residence;

c) Requesting the competent court to issue a Certificate of Expungement when meeting the conditions stipulated by law and requesting a Criminal Record Certificate when needed.

2. Obligations of individuals who have completed their prison sentences:

a) Returning to their place of residence and presenting the Certificate of Completion of Sentence or Pardon Certificate to the People's Committee of the commune or former workplace within the prescribed time;

b) Accepting management, education, and supervision by local authorities, units, social organizations, and residents in their place of residence, work, or study until they are expunged;

c) Regularly reporting on compliance with the law and fulfillment of civil commitments (if any) to local authorities or units in their place of residence, work, or study;

d) Actively engaging in labor, study, and participating in activities to prevent, detect, and report crimes and other violations of the law.

Article 5. Funding for Activities to Ensure Reintegration into Society for Individuals Who Have Completed Their Prison Sentences

1. The funding for implementing measures to ensure reintegration into society for individuals who have completed their prison sentences includes: funding guaranteed by the state budget according to the current state budget allocation; the Community Reintegration Fund of prisons and other funds as prescribed by law; voluntary contributions from agencies, organizations, and individuals, and other lawful sources of income.

2. The preparation, utilization, and settlement of funding for implementing measures to ensure reintegration into society for individuals who have completed their prison sentences shall be carried out in accordance with the law.

3. Agencies, organizations, and individuals directly implementing measures to ensure reintegration into society may accept items, equipment, means, and voluntary contributions of funding from domestic and foreign agencies, organizations, and individuals for use in activities to ensure reintegration into society for individuals who have completed their prison sentences in accordance with the law. Management of items, equipment, means, and funding from voluntary contributions must be strict, used for the intended purpose, and in accordance with the law.

Chapter II

CONDITIONS FOR ENSURING REINTEGRATION INTO SOCIETY

FOR PRISONERS ABOUT TO COMPLETE THEIR PRISON SENTENCES

Article 6. Education and support for legal procedures for prisoners about to complete their sentences

1. Two months before prisoners complete their sentences, detention centers and temporary detention centers shall strengthen the organization of disseminating current events, policies, laws, information on economic and social conditions, labor market situations, life skills education, and other necessary knowledge, as well as supporting legal procedures for prisoners about to complete their sentences.

2. Encourage agencies, organizations, and individuals to participate in educational communication and create necessary conditions for prisoners about to complete their sentences.

The Ministry of Public Security and the Ministry of National Defense shall specify the content and programs of education for prisoners about to complete their sentences.

Article 7. Counseling for prisoners about to complete their sentences

1. Prisoners at detention centers and temporary detention centers who are about to complete their sentences must be counseled and assisted psychologically to guide and enhance their ability to resolve difficulties and obstacles when completing their sentences.

2. Detention centers and temporary detention centers must arrange counseling rooms equipped with necessary conditions to serve counseling; allocate staff capable of providing counseling to prisoners or invite counselors to collaborate with center staff to organize counseling for prisoners.

3. The Ministry of Public Security shall provide detailed guidance on counseling activities for prisoners about to complete their sentences in detention centers and temporary detention centers.

Article 8. Career Orientation and Enhancing Employment Search Capabilities for Prisoners About to Complete Their Sentences

1. Detention centers and temporary detention centers have the responsibility to review and assess the results and occupational capabilities of each prisoner to develop plans to improve their skills and guide them in finding employment after completing their sentences.

2. Based on the abilities of prisoners, the labor market, and specific conditions, detention centers and temporary detention centers shall organize skill improvement and teach basic trades to those without a trade; coordinate with relevant agencies and units to organize vocational training and skill enhancement for prisoners before they complete their sentences.

3. Juvenile prisoners shall be prioritized for vocational training and skill enhancement to facilitate their reintegration into society.

4. The Ministry of Public Security shall take the lead and cooperate with the Ministry of Labor, Invalids, and Social Affairs to direct and guide the organization of vocational training and skill enhancement for prisoners about to complete their sentences and contact businesses and production facilities to find employment for them.

Article 9. Establishing a Community Reintegration Fund

1. Detention centers shall establish a community reintegration fund from the proceeds of prisoner labor as stipulated in Article 30 of the Criminal Execution Law to support community reintegration activities and provide assistance to prisoners upon completion of their sentences for reintegration into society; organize accounting and statistical work on the income and expenditure of the community reintegration fund according to the law on accounting and statistics; publicly manage and use the fund according to the law.

2. The criminal execution management agency may use part of the funds allocated from the community reintegration fund of detention centers and temporary detention centers to serve some community reintegration activities.

3. The Minister of Public Security shall take the lead and cooperate with the Minister of Finance to specify the details of establishing, managing, and using the community reintegration fund.

Article 10. Notification of Prisoners Completing Their Sentences

1. Two months before a prisoner completes their sentence or after the Inter-ministerial Review Team of the Special Amnesty Advisory Board agrees on a special amnesty recommendation for the prisoner, the Director of the Detention Center under the Ministry of Public Security, the Ministry of National Defense, the Criminal Enforcement Agency of the Provincial Police, or the Criminal Enforcement Agency of the Military Region has the responsibility to notify the completion of the prisoner's sentence and the recommendation for special amnesty to the Criminal Enforcement Agency of the County Police, the People's Committee of the Commune, or the agency, organization where the person completing the sentence resides or works, to proactively manage, educate, and assist them in stabilizing their life.

2. The contents of the notification include: results of serving the criminal sentence, supplementary penalties, compensation for damages, court fees, and other civil obligations that the prisoner still needs to fulfill (if any), health status, psychological state, skill level, and other necessary information related to the prisoner.

Chapter III

MEASURES TO ENSURE REINTEGRATION INTO SOCIETY

FOR PERSONS COMPLETING A PRISON SENTENCE

Article 11. Measures to Ensure Reintegration into Society for Persons Completing a Prison Sentence

1. Information and education dissemination about community reintegration for persons completing a prison sentence.

2. Management, education, and assistance for persons completing a prison sentence to reintegrate into society.

3. Vocational training and job placement for persons completing a prison sentence.

4. Psychological support and assistance with legal procedures for persons completing a prison sentence.

5. Other supporting measures.

Article 12. Information and Education Dissemination about Community Reintegration for Persons Completing a Prison Sentence

1. Information and education dissemination about community reintegration aims to guide, encourage, and motivate management, education, and assistance to persons completing a prison sentence, eliminating prejudice, discrimination, and unequal treatment against them, helping them stabilize their lives and reintegrate into society.

2. The content and form of information and education dissemination about community reintegration must be appropriate and implemented through various methods and diverse forms.

Article 13. Management, Education, and Assistance for Persons Completing a Prison Sentence to Reintegrate into Society

1. Persons completing a prison sentence shall be managed and educated from the time they complete their sentence until they have their criminal record expunged according to the provisions of the Penal Code and the Criminal Procedure Code.

2. Contents of management, education, and assistance for persons completing a prison sentence:

a) Organizing the implementation of reception work; assigning organizations and individuals responsible for managing, educating, and assisting persons completing a prison sentence to integrate into society;

b) Providing counseling and assistance on psychological issues, supporting legal procedures to help persons completing a prison sentence reintegrate into society;

c) Guiding the process of registering residence, issuing Identity Cards, expunging criminal records, and issuing Criminal Record Certificates;

d) Managing and supervising persons completing a prison sentence; educating them on compliance with laws and civic duties; detecting, preventing, and handling violations of the law;

đ) Providing financial support, loans, organizing study sessions, vocational training, job search, and job referrals for persons completing a prison sentence;

e) Creating other necessary conditions to help persons completing a prison sentence stabilize their lives, integrate into society, and avoid recidivism.

Article 14. Vocational Training and Employment for Persons Who Have Completed Their Criminal Sentences

1. Persons who have completed their criminal sentences shall be provided vocational training and employment opportunities based on their health condition, professional skills, labor demand, and local circumstances; they may be considered for loans from social policy banks, local social funds, and charitable organizations, and partially subsidized capital for those with particularly difficult circumstances and policy families to secure employment and engage in production and business activities.

2. Juveniles who have completed their criminal sentences shall be prioritized for education, vocational training, employment, and loans to support their studies and stable employment.

3. Persons who have completed their criminal sentences with particularly difficult circumstances and without a fixed residence, if voluntarily requesting to work at production facilities organized by detention centers, shall be considered for accommodation and employment at these facilities.

4. Based on specific criteria and upon the proposal of the Criminal Enforcement Management Agency under the Ministry of Public Security, the Ministry of Public Security shall decide to establish and specify the organization and operation of production facilities to provide living conditions and employment for persons who have completed their criminal sentences with particularly difficult circumstances and without a fixed residence.

Article 15. Measures to Support Community Reintegration for Persons Who Have Completed Their Criminal Sentences

1. The State encourages agencies, units, organizations, and individuals to participate in advisory, vocational training, job placement, and assistance activities to help persons who have completed their criminal sentences reintegrate into society; it also encourages the acceptance of such persons into employment in state agencies, organizations, production facilities, and businesses.

2. Agencies, units, organizations, and individuals involved in managing, educating, and assisting persons who have completed their criminal sentences shall be given priority to lease state-owned housing and infrastructure to establish facilities that assist such persons in reintegration into society.

3. Provincial People's Committees shall base on their authority to plan land use and the availability of local land resources and other sources to assist organizations and individuals in vocational training and job creation for persons who have completed their criminal sentences.

4. Production facilities organized by the Ministry of Public Security and other facilities established for educational, vocational training, and employment assistance for persons who have completed their criminal sentences shall enjoy tax exemptions and reductions according to relevant tax laws and implementing regulations.

Chapter IV

RESPONSIBILITIES OF MINISTRIES, PEOPLE'S COMMITTEES AT ALL LEVELS,

ORGANIZATIONS, AND INDIVIDUALS IN IMPLEMENTING MEASURES FOR PERSONS WHO HAVE COMPLETED THEIR CRIMINAL SENTENCES

MEASURES TO ENSURE REINTEGRATION INTO SOCIETY

FOR THE ENFORCEMENT AUTHORITY UPON COMPLETION OF THE IMPRISONMENT SENTENCE EXECUTION

Article 16. Responsibilities of the Ministry of Public Security

1. Assist the Government in monitoring, directing, and guiding the implementation of measures to ensure community reintegration for persons who have completed their criminal sentences.

2. Coordinate with related ministries and sectors to study, develop, and promulgate detailed policies and regulations concerning community reintegration for persons who have completed their criminal sentences.

3. Direct public security agencies at all levels to cooperate with the United Front Committee, the Labor, Invalids, and Social Affairs Department, and other relevant agencies to assist local people's committees in implementing measures to ensure community reintegration for persons who have completed their criminal sentences.

4. Direct prisons and temporary detention centers to prepare necessary conditions for inmates about to complete their sentences to reintegrate into society; coordinate with competent agencies to issue detailed regulations on the content, programs of education, career guidance, and vocational training for inmates, and specify the establishment, management, and use of Community Reintegration Funds in prisons.

5. Organize inspections, audits, supervision, interim reviews, and final summaries, and report periodically or when requested to the Government on the results of implementing measures to ensure community reintegration for persons who have completed their criminal sentences.

Article 17. Responsibilities of the Ministry of National Defense

1. Direct military prisons and regional temporary detention centers under the Ministry of National Defense to support educational activities, vocational training, and preparation of necessary conditions for inmates about to complete their sentences to reintegrate into society.

2. Guide, inspect, audit, supervise, and report to the Government on the situation and results of implementing community reintegration measures for persons who have completed their criminal sentences.

Article 18. Responsibilities of the Ministry of Labor - Invalids and Social Affairs

1. Study and propose to the Government to issue mechanisms and policies on vocational training, loan provision, and job creation to support and assist persons who have completed their criminal sentences in reintegration into society and stabilizing their lives.

2. Direct and guide labor, invalids, and social affairs agencies at all levels to cooperate with local functional agencies to organize vocational training, job placement, and employment for persons who have completed their criminal sentences; pay attention to material and spiritual assistance for those with particularly difficult circumstances to stabilize their lives.

Article 19. Responsibilities of the Ministry of Justice

1. Direct and guide civil enforcement agencies at all levels to prepare files to request exemption or reduction of civil enforcement obligations for persons who have completed their criminal sentences when they meet the conditions, and resolve complaints and reports on civil enforcement according to the law.

2. Direct the National Criminal Record Center and provincial Departments of Justice to proactively update information on the removal of criminal records and issue Criminal Record Certificates to facilitate community reintegration for persons who have completed their criminal sentences.

Article 20. Responsibilities of the Ministry of Information and Communications

Take the lead and coordinate with relevant ministries and sectors to direct central and local news agencies to widely publicize to raise awareness among various strata of the population about the Party's policies and the State's laws towards persons who have completed their criminal sentences; call for responsibility from all levels, sectors, social organizations, and individuals to eliminate prejudiced attitudes and behaviors against such persons, and to care for and create conditions to assist them in stabilizing their lives, contributing to preventing recidivism and law violations; publicize innovative models and effective practices in assisting persons who have completed their criminal sentences in reintegration into society.

Article 21. Responsibilities of the Ministry of Finance

The State budget shall allocate funds to ensure the implementation of measures for community reintegration of persons who have completed their sentences according to the current state budget classification.

Article 22. Responsibilities of Ministries, agencies, and related organizations

Within their assigned functions, tasks, and authorities, Ministries and other agencies and organizations shall be responsible for directing and guiding the coordination in implementing measures for community reintegration of persons who have completed their sentences.

Article 23. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Organize management, education, and assistance for persons who have completed their sentences to reintegrate into the community, prevent recidivism and violations of the law.

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

3. Direct the People's Committees at the district level and relevant agencies and organizations to guide, inspect, and urge the reception, management, education, and assistance for persons who have completed their sentences residing in the locality.

4. Decide on establishing social funds and charitable funds proposed by agencies, organizations, enterprises, units, and individuals to support persons who have completed their sentences in learning trades, organizing production, finding employment, and stabilizing their lives.

5. Direct local information and propaganda agencies to allocate appropriate time for disseminating Party policies and State laws on community reintegration, introducing exemplary models and good deeds in implementing measures for community reintegration of persons who have completed their sentences; direct local judicial agencies to assist with psychological counseling and legal procedures for persons who have completed their sentences.

6. Allocate the budget in accordance with the State Budget Law to implement management, education, and assistance for persons who have completed their sentences.

Article 24. Responsibilities of District People's Committees

1. Implement and direct agencies, mass organizations, social organizations, and People's Committees at the commune level to create favorable conditions for receiving, managing, educating, and assisting persons who have completed their sentences to reintegrate into the community.

2. Organize vocational training, job placement, poverty alleviation activities; guide charitable and humanitarian activities to help persons who have completed their sentences stabilize their lives and reintegrate into the community.

Article 25. Responsibilities of the People's Committee at the Commune Level

1. Implement the work of receiving, managing, educating, and assisting persons who have completed their sentences to reintegrate into the community.

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

3. Mobilize and create favorable conditions for businesses, production and business establishments, organizations, and individuals to accept and provide employment assistance to persons who have completed their sentences.

4. Process applications to request the competent court to consider and decide to expunge criminal records in special cases for persons who have completed their sentences and shown significant progress and meritorious acts if they have fulfilled at least one-third of the prescribed period.

Article 26. Responsibilities of Provincial Public Security Authorities

1. Advise and assist the Chairman of the Provincial People's Committee in directing the work of receiving, managing, educating, and assisting persons who have completed their sentences to reintegrate into the community.

2. Develop plans, direct, and guide the Public Security Department at the district level to implement the work of receiving, managing, educating, and assisting persons who have completed their sentences, creating conditions for them to exercise other citizen rights and obligations as stipulated by law.

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

4. Direct the Criminal Enforcement Agency of the Public Security force in the locality to periodically or upon request compile data, situations, and evaluate the results of receiving, managing, educating, and assisting persons who have completed their sentences to reintegrate into the community, exemplary models of successful reintegration, persons not returning to their place of residence, persons committing crimes and violating the law within the managed area; compile and report to the Ministry of Public Security and the same-level People's Committee.

Article 27. Responsibilities of County-Level Public Security Authorities

1. Advise and assist the District People's Committee in directing and organizing the work of receiving, managing, educating, and assisting persons who have completed their sentences residing in the locality.

2. Coordinate with relevant agencies, organizations, and functional units to assist the same-level People's Committee in organizing the reception, management, education, and assistance for persons who have completed their sentences; guide, inspect, and urge the Public Security Department at the commune level to manage, educate, assist, and process registration of household registration and issuance of Identity Cards for persons who have completed their sentences.

3. Coordinate with relevant agencies, departments, mass organizations, and social organizations to mobilize businesses, production and business establishments, organizations, and individuals to provide capital support and job introductions for persons who have completed their sentences.

4. Direct the Criminal Enforcement Agency of the Public Security Department at the district level to periodically or upon request compile data, situations, and evaluate causes and results of community reintegration of persons who have completed their sentences, persons not returning to their place of residence, exemplary models of successful reintegration, persons committing crimes and violating the law within the managed area, report to the Provincial Public Security Department and the same-level People's Committee.

Article 28. Responsibilities of Commune-Level Public Security Authorities

1. Assist the Chairman of the same-level People's Committee in overseeing, managing, educating, and assisting persons who have completed their sentences in the locality.

2. Proactively grasp the situation, conditions, circumstances, and legitimate wishes of persons who have completed their sentences to advise and propose the same-level People's Committee to create favorable conditions to help them resolve difficulties and stabilize their lives.

3. Establish files to manage and educate persons who have completed their sentences; coordinate with the Fatherland Front and social organizations to advise the Chairman of the Commune People's Committee to assign organizations and individuals directly responsible for managing, educating, and assisting persons who have completed their sentences.

4. Guide and assist individuals who have completed their prison sentences to complete procedures for registering their household registration, obtaining or reissuing Identity Cards, and applying for the cancellation of criminal records when they meet the required conditions; compile lists to propose removing individuals who have completed their prison sentences and had their criminal records canceled from management and education according to the provisions of the law.

5. Periodically or upon request, compile and report on the situation, results, and propose recommendations and suggestions related to the management, education, and assistance for individuals who have completed their prison sentences to reintegrate into society.

6. Pay attention to and assist in ensuring security and public order, creating favorable conditions for organizations, institutions, and individuals participating in education, vocational guidance, teaching trades, and accepting and assisting in job creation for individuals who have completed their prison sentences.

7. Timely review and propose the Chairman of the People's Committee at the commune level to issue decisions to apply community-based educational measures and handle individuals who have completed their prison sentences if they violate the law.

8. Coordinate with organizations and individuals assigned the task of managing, educating, and assisting individuals who have completed their prison sentences; proactively report to the People's Committee at the commune level to process requests for the court with jurisdiction to consider and decide on the cancellation of criminal records in special cases for individuals who have completed their prison sentences and shown clear progress and made contributions if they have ensured at least one-third of the prescribed period.

Article 29. Responsibilities of organizations and individuals assigned the task of managing, educating, and assisting individuals who have completed their prison sentences to reintegrate into society.

1. Regularly grasp the situation, activities, ideological trends, wishes, advantages, and difficulties of individuals who have completed their prison sentences to promptly reflect to the Public Security agency and the People's Committee at the commune level; urge and remind individuals who have completed their prison sentences to comply with state policies and laws and local government regulations, actively participate in communal activities.

2. Coordinate with local authorities and relevant agencies to exchange and unify measures to assist individuals who have completed their prison sentences in continuing their studies, finding employment, resolving difficulties, and stabilizing their lives; promptly identify and report to local authorities and functional agencies about the manifestations, attitudes, and violations of individuals who have completed their prison sentences to take appropriate management and educational measures and handle violations strictly and promptly according to the law.

Article 30. Responsibilities of the family of individuals who have completed their prison sentences.

1. Manage, educate, encourage, and assist individuals who have completed their prison sentences to overcome feelings of shame; actively work, study, and participate in social activities, stabilize their lives; support and create favorable conditions for individuals who have completed their prison sentences to continue fulfilling supplementary penalties, fines, compensation for damages, and other civil obligations (if any).

2. Coordinate with local authorities, mass organizations, and the people in the locality in managing, educating, and assisting individuals who have completed their prison sentences; promptly identify and report to local authorities and functional agencies about the manifestations and violations of the law by individuals who have completed their prison sentences.

Chapter V

IMPLEMENTING PROVISIONS

Article 31. Effective Date

This Decree takes effect from November 16, 2011.

Article 32. Guidance on Implementation

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 Information and Communications, and other relevant ministries and sectors shall, within the scope of their functions, duties, and authorities, be responsible for coordinating guidance and inspection of the implementation of this Decree.

Article 33. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.