This Circular details the implementation of reward, disciplinary measures, and handling of violations for offenders in custody facilities and temporary detention facilities. It takes effect from July 1, 2026.
적용 범위
Heads of units under the Ministry of Public Security, Directors of Provincial and Municipal Public Security Bureaus, Wardens of Custody Facilities, Wardens of Temporary Detention Facilities, and relevant agencies, organizations, and individuals
핵심 사항
- Detailed provisions on rewarding offenders as per Article 28 of Decree No. 170/2026/NĐ-CP
- Provisions on discipline and handling violations for offenders as per Articles 30 and 31 of Decree No. 170/2026/NĐ-CP
- Detailed provisions on recognizing the progress of rehabilitated offenders as per Article 32 of Decree No. 170/2026/NĐ-CP
- Takes effect from July 1, 2026.
- Implementation responsibility lies with Heads of units under the Ministry of Public Security, Directors of Provincial and Municipal Public Security Bureaus, Wardens of Custody Facilities, Wardens of Temporary Detention Facilities, and relevant agencies, organizations, and individuals
🌐 이 문서의 사회적 영향
- Enhancing the effectiveness of managing offenders in custody facilities and temporary detention facilities
- Improving the educational environment for the rehabilitation of offenders
- Strengthening discipline and preventing violations among offenders
❓ 자주 묻는 질문
When does this Circular take effect?
This Circular takes effect from July 1, 2026.
Who is responsible for implementing this Circular?
Heads of units under the Ministry of Public Security, Directors of Provincial and Municipal Public Security Bureaus, Wardens of Custody Facilities, Wardens of Temporary Detention Facilities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.
What does this Circular specify?
This Circular details the implementation of reward, disciplinary measures, and handling of violations for offenders in custody facilities and temporary detention facilities as per Decree No. 170/2026/NĐ-CP.
전문
|
Ministry of Public Security |
THE SOCIALIST REPUBLIC OF VIETNAM |
|
No.: 85/2026/TT-BCA |
Hanoi, June 8, 2026 |
CIRCULAR
Regulations on Rewarding Offenders, Teams of Offenders and Handling Violations by Offenders
BASED ON THE CRIMINAL PENAL EXECUTION LAW NO. 127/2025/QH15;
BASED ON DECREE NO. 02/2025/NĐ-CP REGULATING THE FUNCTION, MISSION, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC SECURITY AS AMENDED AND SUPPLEMENTED BY DECREE NO. 11/2025/NĐ-CP;
BASED ON DECREE NO. 170/2026/NĐ-CP REGULATING THE DETAILS AND GUIDELINES FOR IMPLEMENTATION OF SOME ARTICLES OF THE CRIMINAL PENAL EXECUTION LAW;
IN ACCORDANCE WITH THE PROPOSAL OF THE DIRECTOR OF THE PRISON POLICE CIRCUMSTANTIAL MANAGEMENT OFFICE, REQUIRED EDUCATIONAL CORRECTION FACILITY, AND REHABILITATION SCHOOL;
The Minister of Public Security promulgates this Circular on regulations for rewarding offenders, teams of offenders and handling violations by offenders.
CHAPTER I
GENERAL PROVISIONS
Article 1. Scope of Application
1. This Circular stipulates principles, conditions, standards, authority, procedures, and formalities for rewarding offenders, teams of offenders; procedures, formalities, and files for handling violations by offenders; recognition of offenders who have made significant progress in reform; management, storage, updating of data on rewards, handling of violations by offenders at detention facilities managed by the People's Public Security.
2. This Circular does not apply to offenders under the age of majority.
Article 2. Principles for Rewarding Offenders and Teams of Offenders and Handling Violations by Offenders
1. The rewarding of offenders, teams of offenders, and handling violations by offenders must ensure objectivity, fairness, transparency, timeliness, in accordance with authority, procedures, and formalities as stipulated in the Criminal Penal Execution Law, Decree No. 170/2026/NĐ-CP, and this Circular.
2. The rewarding of offenders and teams of offenders must be based on the results of serving sentences, nature, extent of achievements in study, labor or merit; ensuring proportionality with achievements, serving as an educational and motivational tool for offenders to reform and progress.
3. One achievement can only be considered once for a single form of reward; where multiple achievements are made by the offender or team during the same campaign, consider rewarding based on the most outstanding achievement.
4. Handling violations by offenders must be based on the nature, extent of violation, consequences, causes, motives, objectives, aggravating and mitigating circumstances, and requirements for educating and reforming offenders. Where not reaching disciplinary action levels, consider applying other handling methods as stipulated in paragraph 3 of Article 30 of Decree No. 170/2026/NĐ-CP.
5. It is strictly prohibited to abuse the rewarding of offenders and teams of offenders or handling violations by offenders for personal gain, retaliation, infringement on the lawful rights and interests of offenders, or distorting management and educational outcomes of offenders.
Article 3. Establishment, Registration, Management, and Storage of Files
The establishment, registration, management, and storage of files related to rewarding offenders, teams of offenders, handling violations by offenders, and recognizing offenders who have made significant progress in reform are carried out according to the regulations on public security business file work.
Article 4. Management and Updating of Data on Rewards for Offenders and Teams of Offenders and Handling Violations by Offenders
1. Detention centers, provisional detention centers have the responsibility to update, manage, utilize, and ensure the completeness, accuracy, timeliness of data related to rewarding offenders, teams of offenders, and handling violations by offenders on the criminal execution management system and database according to hierarchical management, ensuring data security and using only for work purposes as stipulated.
2. Data on rewards and handling violations by offenders are part of the management, education, evaluation files of the offender's process of serving sentences; used to serve monitoring, assessment, evaluation, ranking, reduction of sentence, conditional early release, amnesty, and other provisions according to the law.
2. Data regarding rewards and disciplinary actions of offenders is a component of the management, education, and evaluation file for the enforcement of sentences; it is used to serve monitoring, review, assessment, classification of sentence execution, commutation of sentence, conditional early release on parole, amnesty, and other regimes in accordance with legal provisions.
Chapter II
PRAISE AND REWARD FOR PRISONERS, PRISONER GROUPS, AND PRISONER TEAMS
Article 5. Conditions and Standards
1. Prisoners who have achievements in labor, study, or meritorious service shall be considered for commendation during the interim review or final review of the competition campaigns initiated by the prison or provisional detention center, or if they achieve outstanding results in specific competitions, contests, or performances as follows:
a) Prisoners ranked as excellent in the first and second quarters of the year according to the labor reform sentence compliance evaluation shall be considered for commendation during the interim review of the competition campaign on labor reform sentence compliance for the first six months of the year;
b) Prisoners who are consistently ranked as excellent in all four quarters of the year shall be considered for commendation during the final review of the competition campaign on labor reform sentence compliance for that year;
c) Prisoners who achieve outstanding achievements, winning awards in competitions, contests, or performances initiated by the prison or provisional detention center, or those who make meritorious contributions or assist in preventing violations of the prison rules but not to the extent of being considered as making a meritorious contribution shall be considered for commendation immediately after the conclusion of the competition, contest, or performance, or upon confirmation of their achievements. 2. Prisoner groups and teams may be considered for commendation when they meet the following conditions:
a) Strictly abide by the prison rules;
b) No new criminal offenses; no deaths due to non-illness-related causes; no prisoners ranked as poor; no prisoners disciplined for violations;
c) Prisoners in the group or team are proactive, exemplary, and enthusiastic in their studies, participation in educational activities, labor, vocational training, completion of production targets, schedule plans, or tasks assigned to them; strictly adhere to regulations on etiquette, demeanor, culture, communication, behavior, order, living arrangements, hygiene, environmental protection;
d) The proportion of prisoners ranked as good or excellent is at least 90%.
3. No more than 15% of the total number of prisoner groups and teams in the prison or provisional detention center shall be commended.
4. For prisoner groups and teams detained under Article 26, Paragraph 1, Point a of the Criminal Execution Law, they may be considered for commendation when they meet the conditions and standards specified in Points a, b, and c of this paragraph, and the number of prisoners disciplined or ranked as poor does not exceed one; the proportion of prisoners ranked as good or excellent is at least 85%.
5. In cases where prisoner groups and teams are being considered for commendation during a review period and there are new criminal offenses by prisoners, disciplinary actions, or rankings as poor due to transfers from other prisoner groups and teams, the achievements of the prisoner group or team where the violations occurred shall be counted; such achievements shall not be included in the overall performance of the receiving prisoner group.
In cases where a prisoner is ranked as poor but this is not due to new criminal offenses or violations during the review period, their ranking shall not be considered part of the overall performance of the prisoner group for the duration of their sentence.
Rewards in cash or kind for prisoners and prisoner groups and teams are decided by the warden of the prison or provisional detention center under the Ministry of Public Security, or the head of the criminal execution agency of the provincial public security bureau based on the available commendation fund, nature, extent of achievements, and without exceeding the limits set out in Point d, Paragraph 1, Article 20 of Decree No. 170/2026/NĐ-CP.
The reward money is deposited for the prisoner to use according to regulations; the awarded items must be suitable for the prisoner's living, study, and educational reform needs.
Rewards are transferred for custody according to regulations; reward items must be appropriate for the living, learning, education, and reform needs of offenders.
Article 6. Committee for Commendation of Offenders, Teams of Offenders and Sub-Committee for Recommendation of Commendation of Offenders, Teams of Offenders
1. The Director of the Detention Center or the Director of the Pre-Trial Detention Center under the Ministry of Public Security decides to establish a Committee for Commendation of Offenders, Teams of Offenders (hereinafter referred to as the Committee). Composition: The composition of the Committee includes:
a) The Chairman of the Committee is the Director;
b) The Permanent Deputy is the Deputy Director in charge of education and file work for detention centers, or the Deputy Director in charge of sub-detachment management for pre-trial detention centers under the Ministry of Public Security;
c) Members and Secretary are the Team Leader of the Education and File Team for detention centers, or the Team Leader of the Staff Team for pre-trial detention centers under the Ministry of Public Security;
d) Other members include Deputy Directors, Team Leaders, and Sub-detachment Commanders.
2. The Head of the Criminal Execution Authority of the Provincial Public Security Department decides to establish a Committee. The composition of the Committee includes:
a) The Chairman of the Committee is the Head of the Criminal Execution Authority of the Provincial Public Security Department;
b) The Permanent Deputy is the Acting Deputy Head of the Criminal Execution Authority of the Provincial Public Security Department;
c) Members and Secretary are the Team Leader of the Guidance for Criminal Execution and Community Reintegration;
d) Other members include the Director of the Pre-Trial Detention Center under the Provincial Public Security Department.
3. The Director of the Detention Center decides to establish a Sub-Committee for recommendation of commendation in each sub-detachment (hereinafter referred to as the Sub-Committee). The composition of the Sub-Committee includes:
a) The Head of the Sub-Committee is the Deputy Director assigned to manage the sub-detachment;
b) The Permanent Deputy is the Commander of the sub-detachment;
c) Other members include Assistant Commanders, representatives from the Surveillance Team and Guard Team, the Vocational Training and Employment Planning Team, and the Security Team;
d) The Education, Health, and Environmental Protection Team Leader serves as a member and Secretary.
4. The Director of the Pre-Trial Detention Center under the Provincial Public Security Department decides to establish a Sub-Committee in each sub-detachment managing offenders. The composition of the Sub-Committee includes:
a) The Head of the Sub-Committee is the Director of the Pre-Trial Detention Center;
b) The Permanent Deputy is the Deputy Director in charge of sub-detachment management for offenders;
c) Other members include the Commander of the sub-detachment managing offenders, Assistant Commanders, one guard team member, one correctional officer, and one security officer;
d) An education officer serves as a member and Secretary.
5. The Director of the Pre-Trial Detention Center under the Ministry of Public Security decides to establish a Sub-Committee. The composition of the Sub-Committee includes:
a) The Head of the Sub-Committee is the Deputy Director in charge of sub-detachment management for offenders;
b) The Permanent Deputy is the Team Leader of the Offender Management and Education Team or Commander of the sub-detachment managing offenders;
c) Other members include Assistant Team Leaders, Assistant Commanders, one correctional officer, one surveillance team member, one guard team member, and one security officer;
d) The Staff Team Leader serves as a member and Secretary.
6. In the event that the detention center or pre-trial detention center does not organize sub-detachments or has not assigned the positions specified in this Article, the person with authority to establish the Committee or Sub-Committee shall determine the composition of participants in accordance with the actual organizational structure.
7. The Committee and Sub-Committee operate on a collective basis and make decisions by majority vote. A meeting of the Committee or Sub-Committee must have at least two-thirds of the total number of members present; proposals for commendation are approved when more than half of the members present vote in favor.
8. Meetings of the Committee and Sub-Committee shall be recorded in writing, noting the composition of participants, content reviewed, opinions of members, voting results, and lists of offenders or teams of offenders recommended for commendation or not recommended for commendation.
9. In case the Chairman of the Committee is absent, the person with authority to establish the Committee delegates the Permanent Deputy of the Committee to preside over the meeting.
In the event that a member of the Committee or Sub-Committee is absent, the person with authority to establish the Committee or Sub-Committee shall decide on the supplementation or replacement of members to ensure timely and objective commendation proceedings in accordance with regulations.
Article 7. Procedure for rewarding prisoners, prisoner teams; announcing reward decisions
1. Based on the execution of a prison sentence, achievements in labor, study, or meritorious service by the prisoner; achievements in labor and studies by the prisoner team, supervisors responsible for the prisoner team prepare a report to propose rewards.
2. For rewarding prisoners, supervisors organize a meeting within the prisoner team where the prisoner who is proposed for reward reports their achievements; other prisoners in the team participate with opinions and voting by raising hands, which must be agreed upon by at least 50% of the total number of participating prisoners. The minutes must record the number of prisoners present, participation opinions, voting results, and a list of prisoners proposed for rewards.
In cases where prisoner teams are not established in temporary detention facilities but there are prisoners who meet the criteria for reward proposal, supervisors prepare a list to propose rewards and submit it to the warden for reporting to the committee for examination and decision-making.
If a prisoner is illiterate, disabled, elderly, or a foreigner unable to write their achievements report due to objective reasons, they may have someone else write on their behalf; the proxy writer must read back the report to the prisoner who signs it or makes a fingerprint, with the supervisor confirming.
3. For rewarding prisoner teams, supervisors organize a meeting within the team to evaluate achievements and unify proposals for rewards. The minutes must record the team's achievements, number of prisoners present, participation opinions, and voting results.
4. After the team meeting, supervisors complete the reward proposal file and send it to the subcommittee. The file includes an achievement report, meeting minutes, a list of proposed rewards, and supporting documents (if any).
5. Within five working days from receiving the complete file, the subcommittee convenes to examine, verify conditions, standards, and forms of reward; prepare meeting minutes, propose recommendations, and send lists of prisoners, prisoner teams eligible for rewards to the committee.
6. The committee reviews based on the files submitted by the subcommittee. When examining a specific detention facility or prisoner team, representatives from the subcommittee or supervisors must report and clarify any details requested by committee members. Meeting results are documented in minutes.
7. Based on the committee meeting outcomes, the warden of the prison, the warden of the temporary detention facility under the Ministry of Public Security, or the head of the criminal execution agency at the provincial level reviews and decides on rewards according to the authority specified in paragraph 3 of Article 39 of the Criminal Execution Law.
The reward decision must be made in writing, announced to prisoners and prisoner teams, recorded in the prisoner's file, the reward file, and updated in the criminal execution database as per regulations.
8. Announcing and implementing reward decisions for prisoners and prisoner teams:
a) For rewards during the mid-year review of the prison sentence compliance campaign (first six months), announcements are made at the mid-year review; for annual reviews, announcements are made at the end-of-year review;
b) For rewards in competitions, sports events, or meritorious service, publicize reward decisions within the detention facility; if confidentiality is required, supervisors inform the rewarded prisoners individually;
c) For tangible rewards, distribute directly to prisoner teams; for monetary rewards, provide symbolic distribution;
d) In cases where a prisoner's meritorious act involves assisting law enforcement in discovering, apprehending, combating, or handling crimes, the decision on announcing the reward is made by the warden of the prison or temporary detention facility to ensure it does not affect the prisoner’s sentence execution.
9. If during the review period, it is discovered that a proposed reward recipient has committed disciplinary violations or their achievement report was inaccurate, the review of rewards for that prisoner is halted. For cases where a prisoner team includes violators, the committee assesses the nature and impact of the violation on the team's overall achievements to decide whether to continue or halt the reward proposal.
10. If it is found that a previously issued reward decision was incorrect or if there are grounds for fraud in the achievement report, the authority responsible for issuing the reward decision reviews and cancels the decision; if there are signs of misconduct, handle according to relevant legal provisions.
Article 8. Files for Rewarding Offenders, Teams, and Detachment of Offenders
1. The files for rewarding offenders include:
a) A report on the achievements of the offender; in cases of meritorious service, it must be presented truthfully, completely, and accurately detailing the circumstances of the meritorious act, accompanied by all relevant documents and materials (except those containing state secrets as specified);
b) Minutes of the team or detachment meeting with a list of offenders;
c) A proposal for rewarding the offender submitted by the responsible officer of the team or detachment;
d) Minutes of the meeting and proposal report from the subcommittee, accompanied by a list of offenders;
e) Minutes of the council meeting, accompanied by a list of offenders;
f) A decision to reward the offender;
h) Relevant documents (if any).
2. The files for proposing rewards for teams and detachments of offenders include:
a) A report on the achievements of the team or detachment of offenders;
b) Minutes of the proposal meeting from the team or detachment of offenders;
c) Minutes of the meeting and proposal report from the subcommittee, accompanied by a list of teams or detachments of offenders;
d) Minutes of the council meeting, accompanied by a list of teams or detachments of offenders;
e) A decision to reward the team or detachment of offenders (decisions for each team or detachment);
f) Relevant documents (if any).
Chapter III
DISPOSAL OF OFFENDERS VIOLATING THE RULES
Article 9. Procedure and Process for Handling Offenders Violating the Rules
1. Upon discovering an offender violating the rules, the responsible officer of the team or detachment of offenders or any other responsible officer shall promptly report to the supervising leadership and prepare a record of the offending behavior; if applicable, seize and seal the evidence according to regulations.
2. The responsible officer of the team or detachment of offenders shall take statements from the offender who violated the rules, request the offender to write a self-criticism regarding the violation; in cases where the offender resists writing a self-criticism or refuses to sign the record, other witnesses may provide written testimonies and sign as witnesses.
3. The responsible officer of the team or detachment of offenders shall organize a meeting for self-examination involving the following:
a) The offender shall self-reflect on their offending behavior and accept the form of disciplinary action;
b) The team or detachment of offenders shall discuss and provide input on the offending behavior; in cases where there are three or more offenders, ensure that at least three offenders participate (unless insufficient numbers are present), and propose a form of disciplinary action;
c) The team or detachment of offenders shall vote by raising hands.
4. For detention centers, the responsible officer of the team or detachment of offenders shall complete the file and transfer it to the Education, Health, and Environmental Protection Team within the sub-detention center for consolidation and forwarding to the Education Team; this team will review and check the files in coordination with the Investigation Team and the Security Team to report and propose a decision by the Inspector.
In cases where the Inspector of the detention center delegates authority to the Deputy Inspector responsible for the sub-detention center, the file shall be transferred to the Education, Health, and Environmental Protection Team for review and coordination with the Investigation Team and the Security Team to report to the Sub-detention Center Director for examination and proposal to the Deputy Inspector.
For detention centers under the Ministry of Public Security, the responsible officer of the team or detachment of offenders shall complete the file and transfer it to the Planning and Logistics Team for reporting and proposing a decision by the Inspector of the detention center.
For provincial public security bureau detention centers, the responsible officer of the team or detachment of offenders shall complete the file and transfer it to the Planning and Logistics Team for reporting and proposing a decision by the Inspector of the detention center; in sub-detention centers, the responsible officer of the team or detachment of offenders shall transfer the file to the Sub-detention Center Director for examination and proposal to the Deputy Inspector when authorized in writing by the Inspector.
5. Within three working days from the discovery of the violation; in complex cases involving multiple offenders, up to seven working days, the Inspector of the detention center or the Inspector of the provisional detention center must examine and decide on disciplinary action or other forms of handling according to legal regulations.
In cases where no disciplinary action is taken, one of the alternative measures specified in paragraph 3 of Article 30 of Decree No. 170/2026/NĐ-CP shall be applied.
6. To ensure timely handling and protect the rights of offenders, the Inspector of the detention center or the Inspector of the provisional detention center may delegate authority in writing to the Deputy Inspector of the detention center or the Deputy Inspector of the provisional detention center to decide on disciplinary actions for offenders; to recognize progress made by offenders; to extend observation periods; to release from disciplinary confinement rooms; to continue implementing disciplinary decisions; to suspend, waive, or postpone execution of disciplinary confinement; and to change forms of discipline for offenders.
Article 10. Procedure for Implementing Disciplinary Decisions
1. Immediately after a disciplinary decision is made against an inmate, the education officer of the detention facility shall organize the public announcement of the decision to the inmate being disciplined in front of the cell block or ward inmates, or on the information system or bulletin board of the detention facility. 2. For the form of confinement in a disciplinary room, before and after placing an inmate in and removing them from the disciplinary room, the medical officer of the detention facility shall conduct a health examination and complete a health examination record for the inmate.
Upon expiration of the time for confinement in the disciplinary room, when the inmate is released from the disciplinary room, the head of the cell block or ward inmates shall have the inmate write an undertaking not to violate the rules of the detention facility.
3. Disciplinary decision of confinement in a disciplinary room shall not be implemented against an inmate who is sick or has weak health as confirmed by the medical officer of the detention facility, female inmates who are pregnant; and inmates with children under one year old living together with their mother in the prison camp. The inmate must immediately implement the disciplinary decision upon expiration of reasons for non-implementation.
4. During the period before implementing confinement in a disciplinary room, if the inmate has clearly recognized their wrongdoing, sincerely repented, is determined to correct their mistakes and improve or has made contributions, the warden of the prison camp or the warden of the temporary detention facility may consider changing the form of discipline or not continuing to implement the disciplinary decision as provided for in Decree No. 170/2026/NĐ-CP.
Article 11. Procedure and Procedures for Recognizing Inmates Who Have Made Progressive Corrections
1. The recognition of inmates who have made progressive corrections is carried out in accordance with the provisions of Clause 2 and Clause 3 of Article 33 of Decree No. 170/2026/NĐ-CP.
2. Within five working days before the end of the observation period, if the inmate meets the conditions for recognition as having made progressive corrections, the officer in charge of the cell block or ward inmates shall perform the following tasks:
a) Allow the inmate to write an application requesting recognition as having made progressive corrections and a commitment not to reoffend;
b) Organize a meeting with the cell block or ward inmates for the inmate who violated rules to conduct self-criticism; the cell block or ward inmates shall discuss and provide comments on the request for recognition of the inmate who violated rules as having made progressive corrections;
c) Complete the file for transfer to the education department of the sub-prison to compile and forward to the Education Team, while reviewing and checking in coordination with the Investigation Team and the Custody Team to propose a decision for review by the warden.
3. Within three days from the end of the observation period, the warden of the prison camp or the warden of the temporary detention facility shall make a decision recognizing the inmate as having made progressive corrections.
4. The sub-prison director proposes to the deputy warden with delegated authority to review and decide on recognition of progressive correction for the inmate. In case the deputy warden with delegated authority reviews and decides on recognition of progressive correction for the inmate, then transfer the decision and file to the Education Team for follow-up, compilation, and reporting to the warden.
5. For temporary detention facilities under the Ministry of Public Security, the officer in charge of the cell block or ward inmates shall transfer the file to the Planning Team to report and propose a decision by the warden on recognition of progressive correction for the inmate who violated rules.
For temporary detention facilities under provincial public security organs, the officer in charge of the inmate, cell block or ward inmates shall transfer the file to the Planning and Support Team to report and propose a decision by the warden on recognition of progressive correction for the inmate who violated rules.
6. In case an inmate has not been recognized as having made progressive corrections but commits misconduct without disciplinary action, within five working days before the end of the observation period, the officer in charge of the inmate, cell block or ward inmates shall have the inmate write a self-examination and organize a meeting with the cell block or ward inmates (the inmate who violated rules conducts self-criticism; the cell block or ward inmates discuss and propose extending the observation and testing period according to Decree No. 170/2026/NĐ-CP) and implement procedures as provided in Clauses 2, 3, and 4 of this Article.
7. In case an inmate has not yet completed the observation period for recognition of progressive corrections but receives a temporary suspension decision to serve their sentence or is extracted for investigation, prosecution, or trial, when the inmate returns to the prison camp to serve their sentence, the detention facility shall base its decision on the evaluation and comments from the place where the inmate was temporarily suspended or extracted and the observation period to assess progressive corrections for the inmate.
7. In the case where an offender has not yet completed the monitoring or probation period for recognizing progress in rehabilitation but receives a decision temporarily suspending sentence execution or extracting them for investigation, prosecution, or trial, upon the offender's return to prison to serve their sentence, the prison shall base its assessment of the offender's progress in rehabilitation on the evaluation and review from the place that temporarily suspended or extracted the offender and the monitoring or probation period.
Article 12. Files for Handling Offenders Violating Rules; Acknowledgment of Offenders' Progressive Reform
1. The file for handling offenders violating rules includes:
a) Minutes of the incident involving the offender's violation;
b) Self-criticism statement by the offender regarding the violated act;
c) Report from an eyewitness or person who knows about the incident (if applicable);
d) Medical examination form (if applicable);
e) Minutes of interrogation;
f) Minutes of a meeting of the inmate group or team recommending handling of the offender's violation;
h) Minutes of confiscation of prohibited items and evidence (if applicable);
i) Report requesting disciplinary action against the offender by the responsible officer in charge of the inmate group or team, or an officer with relevant responsibilities; j) Report requesting disciplinary action against the offender by the Team Leader of Educational and Records, Camp Commander, Team Leader of Management and Education of Offenders, Team Leader of Staff, or Team Leader of Staff - Logistics;
k) Disciplinary decision (if a confinement in a disciplinary cell is involved, it must be accompanied by medical examination forms before and after the confinement), along with decisions: Decision to change the form of disciplinary action; Decision to revoke a disciplinary decision; Decision to release from the disciplinary cell earlier than scheduled; Decision to exempt from serving time in the disciplinary cell; Decision to continue serving time in the disciplinary cell (if applicable); l) Other relevant documents (if applicable).
2. The file for acknowledging an offender's progressive reform includes:
a) Application by the offender requesting acknowledgment of their progressive reform;
b) Minutes of a meeting of the inmate group or team recommending acknowledgment of the offender's progressive reform, accompanied by commendation or meritorious service decision (if applicable);
c) Statement of non-repetition by the offender;
d) Report requesting acknowledgment of the offender's progressive reform by the responsible officer in charge of the inmate group or team with approval from the camp commander or team leader;
e) Report requesting acknowledgment of the offender's progressive reform by the Team Leader of Educational and Records, Camp Commander, Team Leader of Management and Education of Offenders, Team Leader of Staff, or Team Leader of Staff - Logistics;
f) Decision acknowledging the offender's progressive reform;
h) Other relevant documents (if applicable).
Article 13. Files for Incidents Involving Offenders Where Disciplinary Action Is Not Applicable
1. Minutes of the incident involving the offender.
2. Self-criticism statement by the offender regarding the violated act.
3. Minutes of a meeting of the inmate group or team recommending no disciplinary action and suggesting an alternative form of handling (reducing the ranking for good behavior; organizing education, or advising the offender).
4. Report requesting no disciplinary action against the offender by the responsible officer in charge of the inmate group or team, with confirmation from the camp commander or team leader, detailing mitigating circumstances or meritorious service as per Article 31 of Decree No. 170/2026/NĐ-CP.
5. Report requesting no disciplinary action against the offender by the Team Leader of Educational and Records, Camp Commander, Team Leader of Management and Education of Offenders, Team Leader of Staff, or Team Leader of Staff - Logistics, recommending a reduction in the ranking for good behavior for the offender or organizing education, or advising the offender.
6. Decision applying an alternative form of handling as per paragraph 3 of Article 30 of Decree No. 170/2026/NĐ-CP.
7. Statement of non-repetition by the offender.
8. Other relevant documents (if applicable).
7. The offender's declaration of non-reoffending.
8. Other relevant documents (if any).
Chapter IV
PROVISIONS FOR IMPLEMENTATION
Article 14. Enforceability
This Circular shall come into force on July 1, 2026.
Article 15. Implementation Responsibilities
1. Heads of units under the Ministry of Public Security, Directors of Provincial and Municipal Public Security Bureaus, Wardens of detention centers, Warden of temporary detention centers, and other relevant agencies, organizations, and individuals shall bear responsibility for implementing this Circular.
2. The Director of the Department of Detention Management, Compulsory Education Institutions, and Juvenile Correctional Schools shall be responsible for monitoring, guiding, and inspecting the implementation of this Circular.
3. In the course of implementation, if any difficulties or obstacles arise, public security units and localities shall report to the Ministry of Public Security (through the Department of Detention Management, Compulsory Education Institutions, and Juvenile Correctional Schools) for guidance./.
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To: - Supreme People's Court; - Supreme People's Procuratorate; - Ministry of Justice; - Official Gazette; |
MINISTER
Lieutenant General Lương Tam Quang |
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