Chương III Luật Thi hành án hình sự 2010: Thi hành án phạt tù

Chapter III

EXECUTION OF PRISON SENTENCE

Section 1. PROCEDURES FOR EXECUTION OF PRISON SENTENCES AND REGIME OF MANAGEMENT OF INCARCERATION AND EDUCATION OF INMATES

Article 21. Decisions to execute prison sentences

1. A judgment execution decision must clearly indicate the full name and position of the issuer: the judgment or decision to be executed; name of the agency responsible for executing the decision; full name, date of birth and place of residence of the sentenced person; the duration of serving the prison sentence and the duration of serving additional penalty(ies). In case the sentenced person is on bail, the decision must clearly state that, within 7 days after receiving the decision, the sentenced person must be present at the criminal judgment execution agency of the district-level police office of the place in which he/she resides or the criminal judgment execution agency of the military zone in which he/she works.

2. Within 3 working days after issuing a decision to execute a prison sentence and additional penalty(ies), the issuing court shall send the decision to the following individuals and agencies:

a/ The sentenced person;

b/ The same-level procuracy;

c/ The criminal judgment execution agency of the provincial-level police department or military zone;

d/ The detention camp in which the sentenced person is held;

e/ The criminal judgment execution agency of the district-level police office of the place in which the sentenced person is detained in a custody house or is on bail;

f/ The provincial-level Justice Department of the place in which the issuing court is based.

Article 22. Execution of decisions to execute prison sentences

1. In case the person sentenced to prison is currently in detention, within 3 working days after receiving the judgment execution decision, the detention camp of the provincial-level police department or the criminal judgment execution agency of the district-level police office shall hand the judgment execution decision to such person and report it to the criminal judgment execution agency of the provincial-level police department. Within 5 working days after receiving the report, the criminal judgment execution agency of the provincial-level police department shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment execution management agency of the Ministry of Public Security. In case the person sentenced to prison is currently held in a detention camp of the Ministry of Public Security, this detention camp shall hand the judgment execution decision lo such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of Public Security.

Within 5 working days after receiving the report of the criminal judgment execution agency of the provincial-level police department or detention camp of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of Public Security shall issue a decision to send the sentenced person to serve the sentence.

2. In case the person sentenced to prison is currently held in a detention camp of a military zone, within 3 working days after receiving the judgment execution decision, the detention camp shall hand the judgment execution decision to such person and report it to the criminal judgment execution agency of the military zone. Within 5 working days after receiving the report, the criminal judgment execution agency of the military zone shall complete the dossier and make a list of persons sentenced to prison for reporting to the criminal judgment management agency of the Ministry of National Defense. In case the person sentenced to prison is currently held in a detention camp of the Ministry of National Defense, this detention camp shall hand the judgment execution decision to such person. complete the dossier and report it to the criminal judgment execution management agency of the Ministry of National Defense.

Within 5 working days after receiving the report of the criminal judgment execution agency of the military zone or detention camp of the Ministry of National Defense, the criminal judgment execution management agency of the Ministry of National Defense shall issue a decision to send the sentenced person to serve the sentence.

3. Pending transfer to a place for serving his/ her prison sentence, the sentenced person is subject to the regime applicable to inmates.

4. If the person sentenced to prison is on bail, within 7 days after receiving the judgment execution decision, he/she must be present at the head office of the criminal judgment execution agency of the district-level police office or military zone indicated in the decision. Past this time limit, if he/she docs not show up, the judicial assistance police or judicial guards shall escort him/her to serve his/her sentence.

Article 23. Procedures for postponement of the serving of a prison sentence

1. For a person sentenced to prison who is on bail, the president of the court which has issued the judgment execution decision may himself/ herself or at the written request of the sentenced person or the written request of the same-level procuracy, the criminal judgment execution agency of the district-level police office of the place in which such person resides or the criminal judgment execution agency of the military zone in which such person works, issue a decision to postpone the serving of the sentence. Such written requests must be addressed to the court which has issued the judgment execution decision and enclosed with related papers.

2. Within 7 days after receiving a written request for postponement of the serving of a prison sentence, the president of the court which has issued the judgment execution decision shall consider it and make decision.

3. Within 3 working days after issuing the decision to postpone the serving of a prison sentence, the court shall send this decision to the following individuals and agencies:

a/ The sentenced person;

b/ The same-level procuracy;

c/ The criminal judgment execution agency of the provincial-level police department or military zone;

d/ The criminal judgment execution agency of the district-level police office of the place in which the sentenced person resides;

e/ The provincial-level Justice Department of the place in which the issuing court is based.

Article 24. Execution of decisions to postpone the serving of prison sentences

1. Upon receiving a court decision to postpone the serving of the sentence, the criminal judgment execution agency of the district-level police office or the criminal judgment execution agency of the military zone shall stop carrying out procedures for sending the sentenced person to serve his/her sentence.

2. The commune-level People's Committee or the army unit shall manage the person allowed to postpone the serving of his/her sentence. Such person may not leave his/her place of residence without consent of the managing commune-level People's Committee or army unit.

3. The agency or military unit referred to in Clause 2 of this Article shall report once every three months on the management of the person allowed to postpone the serving of his/her sentence to the criminal judgment execution agency of the district-level police office or military zone for notification to the court which has issued the postponement decision.

4. While postponing the serving of his/her sentence, if the sentenced person seriously violates the law or there is a ground to believe that he/she intends to escape, the agency referred to in Clause 2 of this Law shall report it to the criminal judgment execution agency of the district-level police office or military zone for requesting the president of the court which has issued the postponement decision to cancel such decision. Immediately after obtaining the decision to cancel the postponement decision, the judicial assistance police or judicial guards shall escort the sentenced person for judgment execution. If the sentenced person concerned has escaped, the criminal judgment execution agency of the provincial-level police department shall issue a pursuit warrant and coordinate in organizing the pursuit.

5. If the sentenced person die while postponing the serving of his/her sentence, his/ her relatives or the commune-level police office or the agency assigned to manage him/her shall report his/her death to the criminal judgment execution agency of the district-level police office or military zone for notification to the court which has issued the postponement decision for issuing a decision to terminate the judgment execution and carrying out related procedures.

6. At least 7 days before the expiration of the postponement duration of the serving of a prison sentence, the president of the court which has decided to postpone the serving of the prison sentence shall make a written notice and send it to the sentenced person and the agency referred to in Clause 3, Article 23 of this Law.

Article 25. Dossiers of sending of sentenced persons to serve their prison sentences

1. A dossier of sending of a sentenced person to serve his/her prison sentence must fully comprise the following papers;

a/ The legally effective judgment; in case of appellate, cassation or re-opening trial, the first-instance judgment is also required;

b/ The decision to execute the prison sentence;

c/ The decision of the criminal judgment execution management agency to send the sentenced person to a prison or detention camp or a criminal judgment execution agency of a district-level police office;

d/ The personal identification statement of the sentenced person;

e/ A copy of the passport or paper evidencing the citizenship of the sentenced person who is a foreigner;

f/ The health certificate and other documents related to the health of the sentenced person;

g/ A remark sheet on the observance of detention regulations by the sentenced person while being held in temporary detention;

h/ Other documents related to the execution of the prison sentence.

2. The criminal judgment execution management agency of the Ministry of Public Security, criminal judgment execution management agency of the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments, district-level police offices and military zones shall complete dossiers referred to in Clause 1 of this Article and organize the delivery of sentenced persons and their dossiers to prisons, detention camps or criminal judgment execution agencies of district-level police offices designated for judgment execution.

Article 26. Admission of persons sentenced to imprisonment

1. The prisons, detention camps or criminal judgment execution agencies of district-level police offices designated for judgment execution shall receive persons sentenced to prison with complete dossiers as prescribed in Article 25 of this Law; the admission must be recorded in a minutes. The admitting agencies shall immediately give medical checks to the admitted persons to make their health records.

2. The admitting agencies shall inform inmates of the following regulations for compliance:

a/ Taking only necessary articles in the prison cell; handing unused personal possessions and cash to the prison, detention camp or the criminal judgment execution agency of the district-level police office for management. Should an inmate wish to send cash and personal possessions to a relative or lawful representative at his/her own expenses, the prison or detention camp or the criminal judgment execution agency of the district-level police office shall send such cash and possessions to such person or hand them over directly to such person at the place in which the inmate serves his/her sentence;

b/ Inmates are not allowed to use cash and valuable papers in the place in which they serve their sentences. Inmates may buy food, foodstuffs and other commodities for their daily needs at the place in which they serve their sentences in the form of making book entries;

c/ Inmates are not allowed to bring in the place in which they serve their sentences articles on the ban list issued by the Ministry of Public Security or the Ministry of National Defense.

3. Within 5 working days after admitting a sentenced person, the prison or detention camp or the criminal judgment execution agency of the district-level police office shall notify it to the court which has issued the judgment execution decision and to relatives of such person and report it to the criminal judgment execution management agency.

Article 27. Incarceration of inmates

1. A prison shall organize inmate incarceration as follows:

a/ Prison sectors for inmates serving sentences of over 15 years' imprisonment or life imprisonment and inmates committing dangerous recidivism:

b/ Prison sectors for incarcerating inmates serving sentences of 15 years or less in prison, inmates serving sentences of over 15 years" imprisonment which have been reduced to under 15 years for good rehabilitation records.

2. In prison sectors referred to in Clause 1 of this Article, the following inmates shall be held separately:

a/ Female inmates;

b/ Minor inmates;

c/ Foreign inmates;

d/ Inmates with extremely dangerous infectious diseases;

e/ Inmates showing signs of suffering a mental disease or another disease that deprives them of perception or act control capacity pending a court decision;

f/ Inmates who repeatedly violate detention regulations.

3. In a detention camp, inmates specified at Points a and f. Clause 2 of this Article shall be separately held.

4. Inmates shall be divided into teams and groups for working, learning and other activities. Depending on the characteristics of crimes, sentence levels and personal characteristics of inmates and their rehabilitation records, wardens of prisons or detention camps shall decide on the classification and transfer of inmates between prison sectors.

Article 28. Regimes of learning and vocational training and access to information of inmates

1. Inmates shall be obliged to learn law and civil education and arc entitled to learn literacy skills and jobs. Illiterate inmates shall be obliged to learn how to read and write. Foreign inmates are encouraged to learn Vietnamese. Learning and job training shall be organized on Saturdays for inmates while they have days off on Sundays and other holidays prescribed by law. Based on management and education requirements and length of imprisonment of inmates, prisons, detention camps and criminal judgment execution agencies of district-level police offices shall organize teaching for inmates according to programs and contents prescribed by the Ministry of Education and Training, the Ministry of Justice, the Ministry of Public Security and the Ministry of National Defense.

2. Inmates shall be provided with information on current affairs and state policies and laws.

Article 29. Labor regime of inmates

1. Labor shall be organized for inmates to suit their age, health and meet management, education and community integration requirements; they are entitled to days off on Saturdays, Sundays and public holidays as prescribed by law. They shall work and learn for 8 hours at most per day. In unexpected or seasonal cases, prison wardens may ask inmates to work overtime for 2 hours at most per day. Inmates working overtime or on Saturdays and Sundays are entitled to offsetting days off or allowances in cash or kind.

2. Female inmates shall be assigned jobs suitable to their gender, health and age; it is prohibited to assign them heavy and hazardous jobs on the list of jobs banned from employment of female laborers.

3. Inmates suffering a disease or physical or mental defects are entitled to exemption from work or reduction of working hours, depending on the degree and nature of such disease and prescriptions of the health center of their prison or detention camp.

Article 30. Use of inmates' labor fruits

1.. Inmates' labor fruits, after deducting costs of supplies and materials and wages paid to hired workers: power and water charges supplementary meal allowances for heavy and hazardous jobs in addition to inmates' standard meal expenses paid by the state budget; pays for working overtime or on holidays; asset depreciation and expenses for inmate labor management, shall be used for:

a/ Increasing food rations for inmates;

b/ Forming a community integration fund to support inmates after completely serving their prison sentences;

c/ Supplementing the prison's welfare and reward funds;

d/ Rewarding inmates for good working results;

e/ Re-investing in the prison to fund the organization of labor, education and job training for inmates.

2. Inmates may send their allowances earned from working overtime and on holidays and monetary rewards for good working results to their relatives, deposit them at their prisons' safekeeping, use them under regulations or receive them back upon completely serving their prison sentences.

3. The collection and spending of money generated from work and job learning activities of inmates is stipulated as follows:

a/ The prison shall open accounting books and record and account all arising financial revenues and expenses and make financial statements according to the non-business administrative accounting regime. All revenues and expenses arising from work and job learning activities of inmates shall be reflected in the prison's accounting book system;

b/ The prison shall include all expenses specified in Clause 1 of this Article in product costs:

c/ A report on revenues from and expenditures for inmate labor in the prison is a general report on figures, status and results of revenues and expenses arising from the organization of inmate labor. Prison wardens shall make such general reports and detailed explanation reports on results of revenues from and expenditures for inmate labor and send them to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense;

d/ The criminal judgment execution management agencies of the Ministry of Public Security and the Ministry of National Defense shall evaluate and approve reports on results of revenues from and expenditures for inmate labor and report them to the financial management agencies of the Ministry of Public Security and the Ministry of National Defense for inclusion in annual budget settlement reports of the Ministry of Public Security and the Ministry of National Defense in accordance with law.

Article 31. Procedures for requesting suspension the serving of prison sentences

1. The competence to request suspension of the serving of a prison sentence rests with:

a/ Prisons and detention camps of the Ministry of Public Security; detention camps of the Ministry of National Defense;

b/ Criminal judgment execution agencies of provincial-level police departments and of military zones;

c/ Provincial-level people's procuracies and military procuracies of military zones.

2. Competent agencies in the places in which inmates are serving their sentences referred to in Clause 1 of this Article shall compile dossiers to request suspension of the serving of prison sentences and send them to competent courts for consideration and decision.

3. Within 7 days after receiving dossiers of request, presidents of provincial-level courts of the places or military courts of military zones in which inmates are serving prison sentences shall consider these dossiers and make decision.

4. Suspension of the serving of a prison sentence for trial according to cassation or reopening procedures shall be decided by persons who have lodged protests or by courts of cassation or re-opening level.

Article 32. Execution of decisions to suspend the serving of prison sentences

1. Immediately after issuing a decision to suspend the serving of a prison sentence, the issuing court shall send this decision to the following individuals and agencies:

a/ The person allowed to suspend the serving;

b/ The agency requesting the suspension, the prison, detention camp or criminal judgment execution agency of the district-level police office of the place in which the person concerned is serving his/her prison sentence;

c/ The criminal judgment execution agency of the district-level police office or the commune-level People's Committee of the place in which the person concerned will come to reside or the army unit assigned to manage such person;

d/ The same-level procuracy:

e/ The court that issued the judgment execution decision;

f/ The provincial-level Justice Department of the place in which the issuing court is based.

2. If the director of a procuracy issues a decision to suspend the serving of a prison sentence, this decision shall be sent to the provincial-level Justice Department of the place in which the procuracy is based and to the individual and agencies specified at Points a. b, c and e, Clause 1 of this Article,

3. The prison, detention camp or criminal judgment execution agency of the district-level police office directly managing the person allowed to suspend the serving of his/her prison sentence shall deliver such person to the commune-level People's Committee of the place in which he/she comes to reside or to the army unit assigned to manage such person; his/her relatives are obliged to receive such person.

The commune-level People's Committee or the army unit assigned to manage the person allowed to suspend the serving of his/her prison sentence shall monitor and supervise such person and consider and allow him/her to leave his/her place of residence or workplace.

4. The resumption of the serving of a prison sentence by a person allowed to suspend such serving is as follows:

a/ At least 7 days before the expiration of the suspension duration, the criminal judgment execution agency of the district-level police office of the place in which the person concerned resides shall notify this to such person, ordering him/her to show up at the place to serve his/her prison sentence on prescribed time. Past this 7-day time limit from the expiration of the suspension duration, should the person concerned not show up at the prison, detention camp or criminal judgment execution agency of the district-level police office lo continue serving his/ her prison sentence without a plausible reason, the head of the criminal judgment execution agency of the district-level police office or military zone shall decide to escort him/her to serve his/her sentence;

b/ For a person allowed to suspend the serving of his/her prison sentence on account of a serious disease and whose health conditions are difficult to assess, the criminal judgment execution agency of the provincial-level police department of the place in which such person resides or the criminal judgment execution agency of the military zone in which the army unit assigned to manage such person is based shall seek provincial-level or military zone-level medical examination. If the examination result shows that such person's health has been rehabilitated, the criminal judgment execution agency of the district-level police office or military zone shall take him/her to serve his/her prison sentence and notify such to the president of the court which has issued the suspension decision;

c/ In the suspension duration, if the person allowed to suspend the serving of his/her prison sentence commits a serious violation of law or there is a ground to believe that he/she may escape, the commune-level People's Committee of the place in which he/she resides or the army unit assigned to manage him/her shall notify the criminal judgment execution agency of the district-level police office of the place in which such person resides or the criminal judgment execution agency of the military zone in which the army unit assigned to manage such person is based for further notification to the president of the court which has issued the suspension decision. Within 3 working days after receiving the notice, the president of the court which has issued the suspension decision shall consider and issue a decision to terminate the suspension and send it to the criminal judgment execution agency of the district-level police office or military zone for escorting such person to serve his/her sentence.

if the person allowed to suspend the serving of his/her prison sentence escapes, the criminal judgment execution agency of the provincial-level police department or the criminal judgment execution agency of the military zone shall issue a pursuit warrant and join in organizing the pursuit.

5. If the person allowed to suspend the serving of his/her prison sentence dies, the commune-level People's Committee of the place in which such person resides or the army unit assigned to manage such person shall notify the criminal judgment execution agency of the district-level police office or military zone for further notification to the court which has issued the suspension decision and the court which has issued the judgment execution decision. Within 3 working days after receiving the notice, the president of the court which has issued the judgment execution decision shall issue a decision to terminate the judgment execution and send it to the agencies specified at Points b, c, d and c. Clause 1 of this Article and to the court which has issued the suspension decision.

Article 33. Procedures for reduction of the duration of serving prison sentences

1. Competent agencies specified at Points a and b. Clause 1. Article 31 of this Law may request reduction of the duration of serving prison sentences.

2. Agencies competent to request reduction of the duration of serving prison sentences shall compile dossiers and send them to provincial-level People's Courts and military courts of military zones in which the inmates concerned are serving their sentences for consideration and decision. A dossier of request comprises:

a/ A copy of the judgment: for consideration of reduction of the sentence from the second time on, a copy of the judgment execution decision is required instead;

b/ Written request of the competent agency for the reduction:

c/ Monthly, quarterly, biannual and annual assessment results of the serving of the prison sentence; commendation decisions or certificates of the inmate's merits issued by competent agencies;

d/ The conclusion of a provincial- or military zone- or higher-level hospital on the illness, for inmates suffering a dangerous disease;

e/ A copy of the decision to reduce the duration of serving the prison sentence, for inmates who have been granted a reduction.

3. Within 15 days after receiving a dossier of request for reduction of the duration of serving the prison sentence, the provincial-level People's Court of the place or the military court of the military zone in which the inmate is serving his/ her sentence shall hold a meeting to consider the request and notify in writing such meeting to the same-level procuracy, which shall appoint a procurator to attend the meeting. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

4. Within 3 working days after issuing a decision to reduce the duration of serving the prison sentence, the court shall send this decision to the person concerned, the requesting agency, the same-level procuracy, the immediate superior procuracy, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which such court is based.

Article 34. Procedures for exemption from the serving of prison sentences

1. The competent procuracy of the place in which the person serving a prison sentence resides or works shall compile a dossier to request the provincial-level people's court or the military court of the military zone to consider exempting such person from serving his/her prison sentence Such a dossier comprises:

a/ A copy of the legally effective judgment;

b/ The written request of the competent procuracy;

c/ The inmate's petition for exemption from serving the prison sentence;

d/ The inmate's statement on the merit or great merit he/she has made, certified by a competent agency, for inmates who have recorded merits or great merits, or the conclusion of a provincial-or military zone- or higher-level hospital on the illness of the inmate, for inmates suffering a dangerous disease.

2. Within 15 days after receiving a dossier, the competent court shall hold a meeting to consider the request and notify in writing such meeting to the same-level procuracy, which shall appoint a procurator to attend the meeting. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

3. Within 3 working days after issuing a decision to exempt from the serving of the prison sentence, the issuing court shall send this decision to the exempted person, the requesting procuracy. the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision, the commune-level People's Committee of the place in which such person resides or the army unit managing such person, and the provincial-level Justice Department of the place in which the issuing court is based.

4.-Immediately after receiving the exemption decision, the prison, detention camp or criminal judgment execution agency of the district-level police office shall carry out procedures to set free such person and report the result to the superior criminal judgment execution management agency or criminal judgment execution agency.

Article 35. Transfer of inmates

1. A procedure-conducting agency or person shall, when requiring transfer of an inmate, send a written request to the criminal judgment management agency, the criminal judgment execution agency of the provincial-level police department of the place in which the requesting procedure-conducting agency or person is based or works for requesting the competent criminal judgment execution agency specified in Clause 2 of this Article to issue a transfer order. Upon receiving the transfer request, the competent criminal judgment execution agency shall issue an order to transfer the inmate.

2. The competence to transfer inmates for assisting in investigation, prosecution or trial activities is as follows:

a/ The head of the criminal judgment execution management agency of the Ministry of Public Security shall issue transfer orders with respect to inmates in prisons and detention camps of the Ministry of Public Security;

b/ The head of the criminal judgment execution management agency of the Ministry of National Defense shall issue transfer orders with respect to inmates in prisons and detention camps of the Ministry of National Defense; heads of criminal judgment execution agencies of military zones shall issue transfer orders with respect to inmates currently serving their sentences in prisons and detention camps of military zones:

c/ Heads of criminal judgment execution agencies of provincial-level police departments shall issue transfer orders with respect to inmates currently serving sentences in detention camps or to inmates directly managed by criminal judgment execution agencies of district-level police offices.

3. In case of transfer of inmates for education and reformation or medical examination and treatment or incarceration management, wardens of prisons, wardens of detention camps or heads of criminal judgment execution agencies of district-level police offices shall issue transfer orders.

4. A transfer order must have the following details:

a/ Agency, full name, position and rank of the issuer;

b/ Full name, date of birth, registered place of residence of the inmate to be separated, his/ her date of arrest, crime, duration and place of serving the prison sentence;

c/ Purpose and length of transfer;

d/ Agency, full name, position and rank of the person to receive the transferred inmate;

e/ The issuer shall write the date, sign and seal the order.

5. Wardens of prisons, wardens of detention camps or heads of criminal judgment execution agencies of district-level police offices shall check, deliver and make a minutes of the delivery and receipt of the transferred inmate and record it in the monitoring book. The length of transfer shall be included in the period of serving the prison sentence, except for inmates who escape during the time of transfer. The criminal judgment execution agency of the provincial-level police department of the place or the criminal judgment execution agency of the military zone with the procedure-conducting agency or person requesting the transfer shall receive, escort and manage the transferred inmate during the time of transfer.

6. In case the transferred inmate needs to be taken out of the place in which he/she is serving his/her sentence, the criminal judgment execution agency of the provincial-level police department or military zone receiving such inmate must ensure meal and lodging for him/her under law during the time of transfer. Pursuant to the transfer order, the detention camp or custody house in the place of the investigative, prosecution or trial agency requesting the transfer shall manage the transferred inmate.

7. In case the transferred inmate is not taken out of the place in which he/she is serving his/ her prison sentence, the prison, the detention camp or the criminal judgment execution agency of the district-level police office shall provide meal and lodging for and manage such inmate when the agency or person receiving the transferred inmate does not work with him/her.

8. At the expiration of the transfer duration, the agency receiving the transferred inmate shall send a notice to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense and the criminal judgment execution agency of the provincial-level police department or military zone and deliver the transferred inmate to the prison, detention camp or district-level criminal judgment execution agency for further serving his/her sentence. If needing to extend the transfer duration, it shall request extension of the transfer duration; the transfer duration and extension of this duration must not be longer than the remainder of the sentence served by the transferred inmate.

Article 36. Commendation of inmates

1. While serving his/her prison sentence, an inmate who properly observes prison rules and regulations, makes achievements in work or records merits shall be commended and rewarded in one or more of the following forms:

a/ Praise:

b/ Reward in cash or in kind;

c/ Increase of the number of telephone conversations and meetings with relatives, the number of receipt and quantities of presents.

2. Wardens of prisons or detention camps of the Ministry of Public Security, wardens of detention camps of the Ministry of National Defense, heads of criminal judgment execution agencies of provincial-level police departments and heads of criminal judgment execution agencies of military zones shall decide on commendation of inmates. Commendation shall be expressed in writing and recorded in inmates' files. Commended inmates will be given priority in the process of requesting reduction of the duration of serving prison sentences and amnesty under law.

Article 37. Handling of cases of run-away inmates

1. When an inmate escapes, the prison or detention camp, the criminal judgment execution agency of the provincial-level police department or district-level police office or the criminal judgment execution agency of the military zone shall promptly organize pursuit for such inmate. Past 24 hours from the time of detecting that an inmate has escaped, if the pursuit is still in vain, the warden of the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense, the head of the criminal judgment execution agency of the provincial- level police department or military zone shall issue a pursuit warrant and coordinate the pursuit.

Every case of escape must be recorded in a minutes and subject to deterrent measures, investigation and handling under the criminal procedure law.

2. When a run-away inmate surrenders himself/herself, the agency receiving him/her shall make a minutes and handle him/her according to its competence or deliver him/her to the nearest criminal judgment execution agency for handling under law.

Article 38. Handling of violating inmates

1. While serving his/her prison sentence, an inmate violating prison regulations or committing an illegal act shall be disciplined in any of the following forms:

a/ Reprimand;

b/ Caution;

c/ Confinement to a disciplinary room for up to 10 days.

When confined to a disciplinary room, the inmate is not allowed to meet his/her relatives and may have his/her legs put in stocks. Having legs put in stocks is not applied to female, minor and old and weak inmates.

2. Wardens of prisons, wardens of detention camps or heads of criminal judgment execution agencies of district-level police offices shall issue decisions to discipline inmates and insert these decisions in their files.

3. If the violation of an inmate show signs of a crime failing under the investigating power of the warden of the prison or detention camp, the warden of the prison or detention camp shall issue a decision to institute a criminal case and carry out investigative activities under law; if such violation does not fall under his/her investigating power, the warden shall notify it to a competent investigative agency.

4. Inmates shall pay compensations for property damage, loss or destruction caused by them.

Article 39. Notification of the situation of serving of sentences; collaboration of inmates' families, agencies, organizations and individuals in educating and reforming inmates

1. Prisons and detention camps of the Ministry of Public Security and the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments and military zones shall biannually notify the situation of the serving of sentences by inmates to their relatives.

2. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall coordinate with families of inmates, local administrations, agencies, organizations and individuals in paying attention to and encouraging inmates to actively learn, work and reform themselves in order to enjoy the Slate's clemency; support education and job training activities for inmates and prepare necessary conditions for their community integration after they completely serve their sentences.

Article 40. Release of inmates

1. Two months before an inmate finishes his/ her prison sentence, the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department or the military zone shall notify the criminal judgment execution agency of the district-level police office, the commune-level People's Committee of the place and the agency or organization in which such person w ill return to reside and work, and the agency receiving the inmate during transfer. Such a notice must state the result of serving of the prison sentence, additional penalty(ies) which the inmate still has to serve, and other relevant information necessary for the consideration, arrangement and building of a normal life for such person.

In case the inmate, upon finishing his/her prison sentence, does not know where to live, the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department shall request the commune-level People's Committee of the place in which the inmate serves his/her sentence or another agency or organization to receive such person.

2. On the final day of the prison sentence of an inmate, the prison or detention camp of the Ministry of Public Security or the Ministry of National Defense or the criminal judgment execution agency of the provincial-level police department shall complete procedures as prescribed by law to release the inmate; issue a certificate of complete serving of prison sentence to the inmate and provide him/her with a sum of money from the community integration support fund and travel and meal allowances for returning to his/her place of residence or workplace: return to the inmate all papers, objects, money and possessions which he/she deposited at the place of serving the prison sentence. An inmate who has no clothing shall be provided with a set of clothes to wear when going to his/her place of residence.

3. During the time of transfer of an inmate from the place of serving his/her sentence for assistance in investigation, prosecution or trial activities, if the term of his/her prison sentence expires, the competent agency specified in Clause 2 of this Article shall issue a certificate of complete serving of the prison sentence to such inmate and notify it to the agency receiving such person and related agencies. The agency receiving the transferred inmate shall immediately release him/her; pay meal and travel allowances for him/her to go to the place of serving his/her sentence to carry out related procedures. The agency issuing the certificate of complete serving of prison sentence shall deal with related procedures, obligations, rights and interests of the transferred person under Clause 2 of this Article.

4. Upon finishing his/her prison sentence, a foreign inmate shall be granted a certificate of complete serving of prison sentence and may stay at an accommodation establishment designated by the criminal judgment management agency pending completion of exit procedures.

5. Pensions and social insurance allowances shall be paid to persons who finish their prison sentences under the law on social insurance.

6. The agency which has issued a certificate of complete serving of prison sentence or amnesty certificate shall send it to the national judicial record center, the court which has issued the judgment execution decision, the agency responsible for executing additional penalty(ies) and the agency specified in Clause 1 of this Article, and send a written notice to (he agency responsible for enforcing the civil part of the criminal judgment or decision.

Article 41. Execution of decisions to receive persons currently serving prison sentences

1. Execution of decisions to receive persons currently serving prison sentences overseas to Vietnam to serve their sentences:

a/ When receiving a decision to execute the decision to receive a person currently serving a prison sentence from overseas to Vietnam to serve such sentence, the judicial assistance police shall receive such person and deliver him/her to a prison under a decision of the criminal judgment execution management agency of the Ministry of Public Security;

b/ The regime of incarceration management, education and reformation, consideration of reduction of prison sentences, release and amnesty applicable to delivered persons currently serving prison sentences complies with this Law and other relevant laws.

2. Execution of decisions to transfer persons currently serving prison sentences in Vietnam to overseas:

a/ Upon receiving a decision to execute the decision to transfer a person currently serving a prison sentence in Vietnam to overseas, the prison shall deliver the inmate to the judicial assistance police. Such delivery shall be recorded in a minutes to be inserted in this person's dossier;

b/ The judicial assistance police shall escort the transferred person to the place and at the time as agreed upon in writing by competent authorities of Vietnam and the transfer-requesting country.

Section 2. REGIMES OE MEAL, CLOTHING, ACCOMMODATION, DAILY LIVING AND HEALTH CAKE FOR INMATES

Article 42. Regime of meal and accommodation for inmates

1. Inmates shall be provided with prescribed rations of rice, green vegetable, meat, fish, sugar, salt, fish sauce, food seasonings and fuel. For inmates doing heavy and hazardous jobs as prescribed by law, their food rations shall be increased. On holidays prescribed by law, inmates will have additional food but not exceeding five times the standard rations for normal days.

Based on requirements of ensuring the health of inmates during incarceration, work and learning at the places of serving their sentences, the Government shall prescribe specific food rations suitable to economic and budget conditions and market price fluctuations. Wardens of prisons, wardens of detention camps and heads of criminal judgment execution agencies of district-level police offices may decide to swap food rations to meet practical needs in order to ensure that inmates cat up their food rations.

2. In addition of food rations prescribed in Clause 1 of this Article, inmates may use their presents and money to afford more food but not higher than three times the monthly food ration per inmate.

3. Inmates shall be provided with hygienic food and drink. Cooking for inmates shall be done by inmates themselves under the supervision and examination of the prison or detention camp or the criminal judgment execution agency of the district-level police office.

Inmate kitchens shall be equipped with necessary utensils for cooking food, boiling water and dividing food to inmates according to standard rations.

4. Inmates shall live in communal prison cells, excluding those who must be separately held under Points d, e and f, Clause 2, Article 27 of this Law. The minimum sleeping area per inmate is 2 square meters (m2). For an inmate having a small child to nurse, he/she must have a sleeping area of at least 3 m2.

Article 43. Regime of clothing and personal articles of inmates

Inmates shall be provided with uniform clothing, face towels, blankets, mats, mosquito nets, hats and soap. Female inmates shall be additionally provided with necessary articles for women hygiene. Working inmates shall be provided with labor protection outfits and, depending on specific working conditions, additional labor protection tools as necessary. The Government shall detail this Article.

Article 44. Regime of physical exercise, sports and cultural and art activities of inmates

1. Inmates may participate in physical exercise, sports, cultural and art activities, read books, listen to radio and watch television suitable to the conditions of the places in which they serve their sentences.

Each prison department may have a library, playing and sports grounds and equipped with a public-address system and each communal prison cell be equipped with a color television set.

2. The timing of physical exercise, sports, cultural and art activities, reading books, listening to radio and watching television complies with prison regulations.

Article 45. Regimes toward female inmates who are pregnant or nursing children under 36 months old

1. Pregnant female inmates, unless they are allowed to postpone the serving of prison sentences, shall be placed in reasonable cells, are entitled to regular or irregular maternity checks and medical care when necessary; they are entitled to a shorter working time and a food and drink regime suitable to their health.

2. Pregnant female inmates are entitled to maternity leave before and after delivery under the Labor Code. During maternity leave, they shall be provided with food rations as prescribed by assistant doctors or doctors, as well as food and. necessary items for nursing their babies. Female inmates nursing children under 36 months old shall be given appropriate time to care for and nurse their children.

3. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall carry out procedures to request birth registration for inmates' children. Commune-level People's Committees of the places in which inmates serve their sentences shall register and grant birth certificates to these children.

4. When their children reach 36 months, female inmates shall send them to their relatives for rearing. If no relatives receive to rear such children, the prisons or detention camps of the Ministry of Public Security, detention camps of the Ministry of National Defense or the criminal judgment execution agencies of provincial-level police departments shall request the provincial-level Department of Labor, War Invalids and Social Affairs of the place in which the inmate serves her sentence to designate a social relief center to receive and rear the child. Within 15 days after receiving such request, the provincial-level Department of Labor, War Invalids and Social Affairs shall designate a social relief center to receive and rear the child. After completely serving her prison sentence, the inmate is entitled to receive back her child from the social relief center.

5. A prison shall organize a nursery outside the incarceration sector to care for and rear children of inmates who are under 36 months old or children of inmates who are 36 months or older pending admission to social relief center.

Article 46. Regime of meetings with relatives and receipt of presents

1. Inmates may meet their relatives once a month for no more than one hour, or three hours in special cases. Commended inmates may meet their relatives one more time a month. Inmates who properly observe prison regulations or record merits may meet their spouses in a private-room for not more than 24 hours. When a representative of an agency or organization or another individual requests to meet an inmate, the warden of the prison or detention camp or the head of the criminal judgment execution agency of the district-level police office shall consider and settle the request.

Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall arrange places for inmates to meet their relatives and representatives of agencies or organizations or other individuals.

2. When meeting their relatives and representatives of agencies or organizations or other individuals, inmates may receive letters, cash and articles, except those on the ban list. For cash, inmates shall deposit it with their prison, detention camp or criminal judgment execution agency of the district-level police office for management. The management and use of articles and cash of inmates comply with Points a and b. Clause 2. Article 26 of this Law.

3. Inmates may receive cash and articles from their relatives twice a month, in addition to the receipt prescribed in Clause 2 of this Article. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall receive cash and articles sent to inmates from their relatives and open, check and handle them under law.

4. In order to meet inmates, relatives of inmates shall bring with them visit books or visit applications certified by the commune-level People's Committee or police office of the place in which they reside or by the agency or organization at which they work or study. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall inform relatives of inmates of regulations on visits to inmates. Relatives of inmates shall observe these regulations.

5. Procedures for visiting foreign inmates:

a/ A relative of a foreign inmate shall file an application with the criminal judgment execution management agency. Such application must be written in Vietnamese and certified by the diplomatic mission or consular office of the country of which the applicant is a citizen or the Vietnam-based representative office of the international organization in which the applicant works. If the relative of a foreign inmate is Vietnamese, such application must be certified by the commune-level People's Committee of the place in which the relative resides;

b/ Within 15 days after receiving an application, (he criminal judgment execution management agency shall issue a reply to the applicant: in special cases, this time limit may be prolonged to 30 days at most.

6. Consular visits to and contacts with foreign inmates comply with treaties to which the Socialist Republic of Vietnam is a contracting party.

The Ministry of Public Security shall assume the responsibility for, and coordinate with the Ministry of National Defense and the Ministry of Foreign Affairs in detailing this Clause.

Article 47. Regime of correspondence of inmates

1. Inmates may send 2 letters a month; in case of urgency, they may send a telex. Wardens of prisons or detention camps and heads of criminal judgment execution agencies of district-level police offices shall examine and censor letters and telegrams sent and received by inmates.

2. Inmates may have domestic telephone conversations with their relatives once a month for not more than 5 minutes each. Wardens of prisons or detention camps and heads of criminal judgment execution agencies of district-level police offices shall consider and decide to allow inmates to have telephone conversations and organize the control of this form of communication.

3. Inmates shall pay for their communication prescribed in Clauses 1 and 2 of this Article.

Article 48. Regime of medical care for inmates

1. Inmates are entitled to the disease prevention and tight regime. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall coordinate with district-level health centers or military hospitals of the places in which the prisons, detention camps and criminal judgment execution agencies of district-level police offices are based to organize medical checks for inmates.

2. Sick or injured inmates shall be examined and treated at health stations of their prisons or detention camps or at district-level medical treatment centers. An inmate who suffers a serious disease or an injury beyond the treatment capability of these establishments shall be transferred to a provincial-level medical treatment establishment, a military hospital or a central hospital for treatment. Prisons, detention camps and criminal judgment execution agencies of district-level police offices shall notify relatives of inmates or their lawful representatives for joining in treating and caring for such inmates. Their food, medicine and health restoration regimes shall be prescribed by medical treatment establishments.

Prisons and criminal judgment execution agencies of provincial-level police departments or military zones shall coordinate with provincial-level medical treatment establishments and military hospitals in building or arranging a number of separate rooms in these establishments to treat sick inmates.

3. For an inmate suspected of suffering a mental disease or another disease which deprives him/her of perception or act control capacity, his/ her prison, detention camp or the criminal judgment execution agency of the provincial-level police department shall request the provincial-level court of the place or the military court of the military zone in which the inmate serves his/her sentence to seek mental medical assessment. If the assessment concludes such inmate suffers a mental disease or another disease which deprives him/her of perception or act control capacity, the president of the provincial-level court of the place or the military court of the military zone in which the inmate serves his/ her sentence shall issue a decision to send him/ her to a specialized clinic for compulsory medical treatment. The time of compulsory medical treatment shall be included in the duration of serving the prison sentence.

4. A drug-addicted inmate shall be detoxified by his/her prison.

5. Funds for medical examination and treatment, drug detoxification and building and arrangement of separate medical treatment rooms for inmates in medical treatment establishments shall be paid by the State.

Article 49. Handling of cases of deceased inmates

1. When an inmate dies in the prison, detention camp or criminal judgment execution agency of the district-level police office or a state-owned medical treatment establishment, such agency or establishment shall promptly notify the case to the district-level investigation agency and people's procuracy of the place or the military investigation agency and procuracy of the military zone in which the inmate dies for identifying the cause of his/her death. The prison, detention camp or criminal judgment execution agency of the district-level police office shall carry out death declaration procedures and notify the relatives or lawful representative of the deceased inmate before carrying out the funeral. For an inmate who dies in a medical treatment establishment, such establishment shall make a death certificate and send it to the prison, detention camp or criminal judgment execution agency of the district-level police office.

When a foreign inmate dies, the warden of his/her prison shall promptly notify such to the provincial-level investigation agency and people's procuracy of the place or the military investigation agency and procuracy of the military zone in which the inmate dies for identifying the cause of his/her death, and concurrently to the criminal judgment execution management agency and the Vietnamese Ministry of Foreign Affairs for notification to the representative mission of the country of which the deceased is a citizen. After obtaining permission of a competent agency, the prison shall organize a funeral for the foreign inmate.

2. Within 24 hours after notifying a relative or lawful representative of the deceased inmate and obtaining permission of a competent agency. the prison, detention camp or criminal judgment execution agency of the district-level police office shall organize the cremation or burial in the ground, depending on geographical conditions and local customs and practices, and notify it to the court which has issued the judgment execution decision. Within 3 working days after receiving the notice, the court which has issued the judgment execution decision shall issue a decision to terminate the termination of the serving of prison sentence and send it to a relative of the deceased and the prison, detention camp or criminal judgment execution agency of the district-level police office in which the inmate died, the provincial-level Justice Department of the place in which the court which has issued the termination decision is based. The commune-level People's Committee of the place in which the inmate died shall coordinate with the prison, detention camp or criminal judgment execution agency of the district-level police office in burying the deceased and managing his/her grave. Burial expenses shall be covered by the Slate.

3. In case the relative or lawful representative of the deceased inmate makes a petition for receiving the corpse, bone ash or remains of the deceased and bear all related costs, the prison, detention camp or criminal judgment execution agency of the district-level police office may consider and accept such petition, unless there is a ground to believe that such would affect security, order and environmental sanitation. The receipt of the remains shall be considered and decided after three years from the date of burial. For a foreign inmate, the receipt of his/her corpse, bone ash or remains shall be considered and decided by the criminal judgment execution management agency.

4. If an inmate who dies in prison already paid compulsory social insurance premiums or enjoyed retirement pension, the survivorship regime shall be settled under the Law on Social Insurance.

Section 3. PROVISIONS APPLICABLE TO MINOR INMATES

Article 50. Scope of application

Minor inmates shall serve their sentences under this Section and other provisions not contrary to those of this Section; when reaching 18 years, they shall be put under the incarceration management and education regime applicable to adult inmates.

Article 51. Regime of management, education, literacy learning, job training and work

1. Minor inmates shall be incarcerated under a separate regime suitable to their health, gender and personal characteristics.

2. Prisons shall teach minor inmates in literacy skills, law and jobs suitable to (heir age. educational level, sender and health in order to prepare their community integration after they finish their prison sentences. It is compulsory for minor inmates to finish primary education and lower secondary education and learn jobs.

3. Minor inmates shall work in separate areas and do jobs suitable to their age; shall not do heavy or dangerous jobs or work in contact with hazardous substances.

Article 52. Regime of food, clothing and cultural, art and recreation activities

1. Minor inmates shall be provided with standard food rations like adult inmates and additional meat and fish not exceeding 20% of standard rations.

2. In addition to clothing and personal articles like adult inmates, each minor inmate shall be provided with extra uniform clothing and other-personal articles under prison regulations.

3. The time and forms of organization of physical exercise, sports, cultural and art activities, listening to radio, reading books and newspapers, watching television and other playing and recreation activities must be suitable to characteristics of minors.

Article 53. Regime of meeting and correspondence with relatives

Minor inmates may meet their relatives three times at most a month, each lasting for not more than three hours, or 24 hours in special cases. They may contact via telephone their relatives four times at most a month, each lasting for not more than 10 minutes, under the supervision of prison officers, and pay for these telephone calls.

The State encourages relatives of minor inmates to pay attention to, visit, send educational books, notebooks and learning equipment and physical exercise, sports, playing and recreation equipment for these inmates.