Circular No. 80/2013/TT-BQP stipulates standards, rations, and meal allowances for persons under temporary detention, persons under temporary custody, and prisoners in detention centers, temporary custody facilities, and holding houses managed by the military.

CIRCULAR

Regulations on standards, quantities, and meal allowances for persons under temporary detention, persons under pretrial detention, and prisoners in detention centers, pretrial detention centers, and temporary holding facilities under the management of the Ministry of National Defense.
Pursuant to Decree No. 117/2011/NĐ-CP dated December 15, 2011 of the Government stipulating the organization of prisoner management and food, clothing, accommodation, daily activities, and medical care for prisoners;
Pursuant to Decree No. 09/2011/NĐ-CP dated January 25, 2011 of the Government amending and supplementing the food allowance and medical examination and treatment for persons under temporary detention and persons under pretrial detention as provided for in Article 26 and Article 28 of the Regulation on Temporary Detention and Pretrial Detention issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government;

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Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Director of the Financial Department,

The Minister of National Defense hereby stipulates the standards, quantities, and meal allowances for persons under temporary detention, persons under pretrial detention, and prisoners in detention centers, pretrial detention centers, and temporary holding facilities under the management of the Ministry of National Defense as follows:

This Circular stipulates the standards, quantities, and meal allowances for persons under temporary detention, persons under pretrial detention, and prisoners in detention centers, pretrial detention centers, and temporary holding facilities under the management of the Ministry of National Defense.

1. Persons under temporary detention, persons under pretrial detention, and prisoners in detention centers, pretrial detention centers, and temporary holding facilities under the management of the Ministry of National Defense.

Article 1. Scope of Regulation

2. Children under 36 months old who live with their parents in detention centers under the management of the Ministry of National Defense.

Article 2. Applicability

1. Regular meal regime

a) Regular meal quantities

Article 3. Benefits Entitlements

- The regular meal quantities for persons under temporary detention, persons under pretrial detention, and prisoners are specified in Appendix 1 attached hereto;

- The regular meal quantities for prisoners engaged in heavy and hazardous labor as prescribed by law are specified in Appendix 2 attached hereto.

b) Regular meal allowances

- The regular meal allowance for persons under temporary detention, persons under pretrial detention, and prisoners is VND 15,500 per person per day;

- The regular meal allowance for prisoners engaged in heavy and hazardous labor as prescribed by law is VND 17,500 per person per day;

- The regular meal allowance for children under 36 months old who live with their parents in detention centers is the same as that for their parents.

The meal allowances specified above are calculated based on the gross price of white rice at VND 12,200 per kilogram. If the unit has to purchase rice at a higher price than prescribed, the difference will be settled according to current regulations. In cases where rice is purchased at a lower price than prescribed, the difference will be used to purchase food to ensure adequate nutrition for the relevant individuals.

2. Meal regime on holidays and festivals

a) New Year's Day (January 1); Lunar New Year (five days including the last day of the lunar year and the first four days of the new lunar year); Giỗ Tổ Hùng Vương (March 10th of the lunar calendar); Victory Day (April 30); International Labor Day (May 1); National Day (September 2), persons under temporary detention, persons under pretrial detention, and prisoners shall have five times the regular meals (including the cost of sticky rice cake for Lunar New Year).

b) For children under 36 months old who live with their parents in detention centers, in addition to the holiday and festival meals specified in Point a Clause 23, they also enjoy double the regular meal allowance on Children's Day (June 1) and Mid-Autumn Festival (August 15 of the lunar calendar).

a) The New Year's Day (January 1); Lunar New Year for five days (including the last day of the lunar year and the first four days of the new lunar year); Giỗ Tổ Hùng Vương (March 10 lunar calendar); Victory Day (April 30); International Labor Day (May 1); National Day (September 2), persons under temporary detention, persons under pretrial detention, prisoners shall be provided with meals five times the usual amount (of which the Lunar New Year meal already includes the cost of glutinous rice cake).

b) For children under 36 months old who live with their incarcerated parent(s) in prison, in addition to the holidays and festivals mentioned in Point a of this Clause, they shall also be provided with double the usual amount of meals on Children's Day (June 1) and Mid-Autumn Festival (August 15 lunar calendar).

Article 4. Provisions on Assurance

1. In addition to the meals prescribed in Clause 1 of this Article, persons under temporary detention, persons under pretrial detention, and prisoners may use their own gifts and money to purchase additional meals, but the daily meal allowance shall not exceed three times the regular meal allowance.

2. The meal regime for persons under temporary detention, persons under pretrial detention, and prisoners when they are sick or ill shall be decided by the Warden of the Detention Center based on the medical institution's instructions, but it shall not exceed twice the regular meal allowance.

3. Female persons under temporary detention, persons under pretrial detention, and pregnant prisoners, during childbirth, or while nursing children under thirty-six months old shall be guaranteed a meal allowance as specified by a Medical Officer or Doctor, with the increased meal allowance not exceeding thirty percent of the regular meal allowance.

4. The meal regime for children over thirty-six months old who are children of prisoners living together with their parents at the detention center during the period awaiting procedures for placement in social welfare institutions or waiting to be returned to relatives for care shall be implemented according to the provisions for children under thirty-six months old as stipulated in Article 3 of this Circular.

5. For foreign persons under temporary detention, persons under pretrial detention, and prisoners, the meal regime shall be carried out as prescribed for Vietnamese persons under temporary detention, persons under pretrial detention, and prisoners, except where international treaties to which Vietnam is a party provide otherwise.

Article 5. Funding Assurance

The meal expenses assured for the subjects specified in Article 2 of this Circular shall be recorded under Category 460, Sub-item 463, Item 7000, Sub-sub-item 7011, Sub-sub-sub-item 00, Section 41 "Expenses for Prisoner and Detainee Maintenance" (under the Administrative Management Activities Expenditure Item - State Budget Allocation).

Article 6. Effectiveness

1. This Circular shall take effect forty-five days from the date of signature and replace Circular No. 89/2011/TT-BQP dated June 28, 2011, issued by the Ministry of National Defense, concerning standards, quantities, and meal allowances for persons under temporary detention, persons under pretrial detention, and prisoners in detention centers, pretrial detention centers, and temporary holding facilities managed by the Military.

2. The regimes prescribed in this Circular shall be implemented as of July 1, 2013.

Article 7. Responsibility for Implementation

1. Commanders of relevant agencies and units shall be responsible for implementing this Circular.

2. The Director of the General Logistics Department, the Director of the Financial Department of the Ministry of National Defense, and the Director of the Criminal Investigation Department of the Ministry of National Defense shall be responsible for organizing the implementation of this Circular./.