Chương III Luật Thi hành án hình sự 2019: Thi hành án phạt tù

Chapter III

EXECUTION OF PRISON SENTENCES

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

Article 22. Decisions to execute prison sentences

1. A judgment execution decision must clearly indicate the full name and position of the decision maker; 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 convict; the duration of serving the prison sentence and the duration of serving additional penalty(ies). In case the convict is on bail, the decision must clearly state that, within 7 days after receiving the decision, the convict must present himself/herself at the criminal judgment execution agency of the district-level police office of the place where he/she resides or the criminal judgment execution agency of the military zone where he/she works.

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

a) The sentenced person and his/her representative if the sentenced person is under 18 years of age;

b) The same-level procuracy;

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

d) The detention center where the sentenced person is held or the criminal judgment execution agency of the district-level police office in charge of the custody house where the sentenced person is held or the place of residence where the sentenced person is on bail;

dd) The Department of Justice of the province where the issuing court is based;

e) Ministry of Foreign Affairs in a case where the sentenced person is a foreigner.

Article 23. 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 center of the provincial-level police department or the criminal judgment execution agency of the district-level police office shall serve the judgment execution decision on 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 center of the Ministry of Public Security, this detention center shall serve the judgment execution decision on such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of Public Security. If the sentenced person is convicted of another criminal offense, the prison shall serve the new judgment execution decision on such person.

Within 5 working days after receiving the report of the criminal judgment execution agency of the provincial-level police department or detention center 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 in detention center of military zone, within 3 working days after receiving the judgment execution decision, the prison shall serve the judgment execution decision on such person and report it to the criminal judgment execution management agency of military zone. Within 5 working days after receiving the report, the criminal judgment execution agency of military zone 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 National Defense. In case the person sentenced to prison is currently held in a detention center of the Ministry of National Defense, this detention center shall serve the judgment execution decision on such person, complete the dossier and report it to the criminal judgment execution management agency of the Ministry of National Defense. If the sentenced person is convicted of another criminal offense, the prison shall serve the new judgment execution decision on such person.

Within 5 working days after receiving the report of the criminal judgment execution agency of military zone or detention center 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 eligible for 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 present himself/herself at the head office of the criminal judgment execution agency of the district-level police office or military zone indicated in the decision. If he/she fails to appear within the time limit, the criminal execution and judicial assistance police or judicial guards shall escort him/her to serve his/her sentence.

If the person sentenced to prison escapes while on bail, the criminal judgment execution agency of provincial-level police department or the criminal judgment execution agency of military zone shall release a wanted notice and organize the pursuit; if such person suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall seek mental health assessment; if the assessment report certifies that such person suffers a mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall request the court which issued the judgment execution decision to issue a decision on application of judicial measure of compulsory medical treatment.

If a person sentenced to prison dies while on bail, the criminal judgment execution agency of district-level police office or of military zone shall request the court which issued the judgment execution decision to issue a decision to suspend judgment execution.

Article 24. Procedures for postponement of the serving of a prison sentence

1. For a person sentenced to prison who is on bail, the chief judge 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 or resides, 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 chief judge of the court which has issued the judgment execution decision shall consider it and make a decision. In case of non-approval for the request, the chief judge of the court shall give a written reply to the entity that made the request and a notice to the same-level procuracy, providing explanation in writing.

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

a) The person whose sentence is postponed and his/her representative if such person is under 18 years of age;

b) The same-level procuracy;

c) The criminal judgment execution agency of district-level police office or of military zone where the person whose sentence is postponed resides or works;

d) The Department of Justice of the province where the issuing court is based;

dd) Ministry of Foreign Affairs in a case where the person whose sentence is postponed is a foreigner.

Article 25. 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, send a copy of the decision to postpone the serving of the prison sentence to the People’s Committee of commune where the person whose sentence is postponed resides or the military unit which is authorized to control such person and establish dossier of execution of decision to postpone the serving of the prison sentence.

2. Within 3 working days after receiving the decision to postpone the serving of the prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall summon the person whose sentence is postponed to the People’s Committee of commune where such person resides or the military unit which manages such person is based to give him/her the decision and require him/her to make a written commitment to strictly comply with law. The person whose prison sentence is postponed must present himself/herself as indicated in the subpoenas, except for force majeure events or objective hindrance. If the person whose prison sentence is postponed fails to make such a commitment, the criminal judgment execution agency of district-level police office or of military zone shall make a report and notify the court which has issued the decision to postpone the serving of the prison sentence to take actions within their authority.

If the person whose sentence is postponed fails to be present upon the subpoenas, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with the People’s Committee of commune or military unit to conduct verification and requires the person to be present at the People’s Committee of commune or military unit to give the decision and require him/her to make a written commitment to strictly comply with law.

If person whose sentence is postponed cannot present himself/herself upon the subpoenas because he/she has received treatment at hospital or home due to his/her serious illness, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with the People’s Committee of commune, military unit and the concerned hospital or family in carrying out the procedures for notice and commitment to comply with law.

3. Within 3 working days after receiving the copy of the decision to postpone the serving of the prison sentence, the People’s Committee of commune or military unit shall prepare the dossier of the person whose sentence is postponed.

The People’s Committee of commune or military unit in charge shall send monthly reports on management of the person whose sentence is postponed to the criminal judgment execution agency of district-level police office or of military zone.

The person whose sentence is postponed may not leave his/her place of residence during the postponement period without consent of the People’s Committee of commune or military unit in charge and must present himself/herself upon subpoenas of that People’s Committee of commune or military unit.

The change of place of residence or work of the person whose sentence is postponed shall conform to Article 68 of this Law.

If the person whose sentence is postponed has received treatment at a hospital located outside the place of residence due to his/her serious disease, the People’s Committee of commune or military unit in charge shall cooperate with his/her family to manage him/her.

4. During the postponement period, if the person whose sentence is postponed commits a new crime, escapes or violates the law adversely affecting the security, social safety and order, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to request the competent chief judge to consider issuing a decision to cancel the decision to postpone the serving of the prison sentence.

Within 3 working days after issuing a decision to cancel the decision to postpone the serving of a prison sentence, the issuing court shall send the decision to the individuals and agencies prescribed in Clause 3 Article 24 of this Law. Immediately after obtaining the decision of the court, the criminal judgment execution agency of district-level police office or of military zone shall execute the judgment.

If the person whose sentence is postponed escapes, the criminal judgment execution agency of district-level police office or of military zone shall release a wanted notice and organize the pursuit.

5. During the postponement period, if the person whose sentence is postponed dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to request the court which issued the decision to postpone the serving of the prison sentence to issue a decision to cancel the decision to postpone the serving of the prison sentence and carry out related procedures.

6. At least 7 days before the expiration of the postponement duration of the serving of a prison sentence, the chief judge 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. After 7 days from the expiration of postponement duration of the serving of a prison sentence, if the person whose sentence is postponed fails to present him/herself at the criminal judgment execution agency of district-level police office or of military zone to serve the sentence, the head of the criminal judgment execution agency of district-level police office or of military zone shall issue a decision to escort the sentenced person for judgment execution except for force majeure events or objective hindrance.

7. With regard to a person who has his/her sentence postponed due to his/her serious disease, if he/she still gives the health reason to avoid the serving of sentence despite his/her signs of recovery from disease or he/she shows signs of mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office where he/she resides or the criminal judgment execution agency of military zone which manages him/her shall seek health assessment from at least a provincial or military zone-level hospital or seek mental health assessment from a competent mental health assessment agency.

If the assessment report shows that the person whose sentence is postponed has made a recovery from disease, the criminal judgment execution agency of district-level police office or of military zone shall send that person to the place where he/she will serve the sentence and notify the court which has issued the decision to postpone the serving of the sentence.

If the assessment report shows that that person suffers mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall request the chief judge of court who has issued the judgment execution decision to issue a decision to cancel the decision to postpone the serving of the prison sentence and apply judicial measures of compulsory medical treatment.

The assessment costs shall be borne by the assessment agency.

Article 26. Dossiers of sending 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 documents:

a) The legally effective court judgment or decision; 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 criminal judgment execution management agency to send the sentenced person to a prison or detention center, or a criminal judgment execution agency of district-level police office;

d) The personal identification statement of the sentenced person;

dd) A copy of the passport or proof of citizenship of the sentenced person who is a foreigner;

e) The medical certificate and other documents relevant to the health of the sentenced person;

g) A remark sheet on the observance of regulations of the detention center or custody house by the sentenced person while being held in temporary detention;

h) Other relevant documents.

2. If a mother brings her child to a prison with her, a birth certificate is required. If the birth certificate is not available, a certificate of live birth issued by the health facility where the child was born or document made by the witness if the child was born outside the health facility is required; if none of above document is available, a written report of the criminal judgment execution agency of district-level police office or detention center to send the sentenced person to the prison for judgment execution and a commitment made by the mother that she gave birth to a child. The prison shall register birth for the child being brought to the prison with his/her mother in accordance with law on civil registration and management.

3. The criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments, criminal judgment execution management agencies of district-level police offices, criminal judgment execution management agencies of military zones shall complete the dossiers prescribed in Clause 1 of this Article, send the sentenced persons and hand over enclosed dossiers to the prisons, detention centers, or criminal judgment execution management agencies of district-level police offices which are designated to execute the judgments.

Article 27. Rights and obligations of inmates

1. Inmates have the rights to:

a) Have their lives, health, assets, dignity protected and respected; having been informed of their rights and obligations and regulations of places of detention;

b) Receive board and lodging, clothes, personal care, health care as prescribed; receive letters, gifts, money; read books, newspaper, listen to the radio, watch television in conformity with conditions of the place where they serve the sentence;

c) Participate in physical training and sports, cultural and performance activities;

d) Participate in work, study, apprenticeship activities;

dd) Meet and contact with relatives, representatives of agencies, organizations, and individuals; or have consular visit and contact in case of foreign inmates;

e) Conduct civil transactions as per the law by themselves or via their representatives;

g) Lodge complaints and denunciation; request amnesty or claim damages as per the law;

h) Participate in voluntary social insurance, enjoy policies on social insurance as per the law;

i) Use prayer books, express religious belief and faiths as per the law;

k) Receive commendation upon their high performance during their serving time.

2. Inmates have the following obligations to:

a) Serve the legally effective court judgment or decision, abide by decisions of criminal judgment execution management agencies, criminal judgment execution agencies during their serving time and other decisions of competent authorities;

b) Abide by regulations of the place of detention, serving emulation standards;

c) Abide by requests, orders and instructions of officials of places of detention;

d) Work, study and learn skilled trade as prescribed;

dd) Pay damages if they break, lose or destroy assets of other people.

3. Inmates have other rights and obligations as prescribed in this Law.

Article 28. Admission of persons sentenced to prison

1. The prisons, detention centers 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 Clause 1 Article 26 of this Law.

2. In admitting a person sentenced to prison, the prison, detention center, or criminal judgment execution agency of district-level police office shall have the following responsibilities:

a) Check if the person sentenced to prison and the one indicated in the judgment execution decision of the court is the same person;

b) Make an admission record of person sentenced to prison; transfer note of documents and materials;

c) Check the person sentenced to prison; check and deal with such person’s belongings before he/she brings them into the prison cell;

d) Provide health check-ups for persons sentenced to prison and children under 36 months of age residing with their mothers in prison (if any);

dd) Explain rights and obligations of inmates; inform internal regulations of the place of detention.

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

a) Only bringing necessary belongings to the prison cell; handing over unused personal possessions, cash, valuable papers, payment cards, gold, silver, gemstones and precious metals to the prison, detention center or the criminal judgment execution agency of the district-level police office for management. Should an inmate wishes to send cash and personal possessions to a relative or lawful representative at his/her own expenses, the prison or detention center or the criminal judgment execution agency of the district-level police office shall send such cash and possessions to that relative or lawful representative or hand them over in person to such person at the place in which the inmate serves his/her sentence;

b) May not 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) May not bring the in place where they serve the sentences articles on the ban list promulgated by the Minister of Public Security or the Minister of National Defense.

4. Within 5 working days after admitting a sentenced person, the prison or detention center 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 29. Inmate dossiers

1. Inmate dossiers include those prescribed in Clause 1 and Clause 2 Article 26 of this Law.

2. Admission record of person sentenced to prison; transfer note of documents; transfer note of cash and other assets deposited by person sentenced to prison or to relatives or representatives of such person; decision or record of dealing with articles under the ban list (if any).

3. Documents on inmate’s compliance with regulations on serving of prison sentence; medical reports, examination and treatment records; documents on inmate's performance of civil rights and obligations; records or decisions on disciplinary measures against violations of internal regulations of place of detention, law on execution of prison sentence, relevant documents on handling of complaints and denunciation, requests of sentenced person, documents on consular visit and contact (if any).

4. Other relevant documents during the serving time.

Article 30. 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 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; inmates who commit dangerous recidivism, have served half their sentences and have their sentences reduced;

c) Disciplinary cells for inmates who are disciplined.

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

a) Female inmates;

b) Inmates under 18 years of age;

c) Foreign inmates;

d) Inmates with infectious diseases category A as prescribed in the Law on Prevention and Treatment of Infectious Diseases;

dd) Inmates showing signs of mental diseases or other diseases that have deprived them of the consciousness or act control capacity pending a court decision;

e) Inmates with children under 36 months of age residing with their mothers in prison;

g) Inmates who repeatedly violate detention internal regulations.

3. Inmates who are LGBT or whose gender is unidentified may be held in segregation.

4. In a detention center, inmates referred to in Points a and g Clause 2 of this Article shall be held separately.

5. 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, superintendents of prisons or detention centers shall decide the classification and transfer of inmates between prison sectors.

Article 31. Regime for learning and vocational training of inmates

1. Inmates are entitled to learn law and civil education and learn literacy skills and jobs. Illiterate inmates are entitled to learn how to read and write. Foreign inmates are encouraged to learn Vietnamese. Learning and vocational training shall be held one day per week, except for Sunday and holidays as per the law.

2. Based on management and education requirements and length of imprisonment of inmates, prisons, detention centers shall provide teaching for inmates; according to actual conditions, criminal judgment execution agencies of district-level police offices shall provide teaching for inmates.

3. Learning and vocational training programs for inmates shall be regulated by the Government.

Article 32. Labor regime of inmates

1. Inmates shall be assigned jobs fit for their age, health and in conformity with management, education and community integration requirements. They shall work under surveillance and management of the prisons or detention centers. The working time of inmates may not exceed 8 hours per day and 5 days per week. They may have days off on Sundays and holidays as per the law. In unexpected or seasonal cases, the superintendent may ask inmates to work overtime but not exceeding the statutory extra hours of work per day as prescribed in labor law. Inmates working overtime or on days off are entitled to receive compensatory time-off or allowances in cash or kind.

Prisons must adopt necessary measures to ensure occupational safety and hygiene for inmates.

2. Female inmates shall be assigned jobs suitable to their gender; it is prohibited to assign them jobs on the list of jobs banned from employment of female laborers in accordance with labor law.

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 infirmary of their prison or detention center.

4. An inmate may take days off in any of the following cases:

a) The inmate is sick or is unfit for work and is certified by the infirmary;

b) The inmate has received treatment at a health facility;

c) The child under 36 months of age residing with that female inmate is sick and certified by the infirmary;

d) The pregnant female inmate takes days off before and after giving birth as prescribed in labor law.

Article 33. Work organization for inmates

1. Based on age, health, gender, sentence level, nature and severity of criminal offenses of inmates; land, resources, fields, equipment, facilities, supplies and sources of funds under management of the prison and specific conditions of the prison; ability to cooperate with organizations and individuals to organize work for inmates, the superintendent shall prepare an annual plan for the work organization for inmates and send it to the criminal judgment execution management agency of the Ministry of Public Security or the criminal judgment execution management agency of the Ministry of National Defense for approval.

2. The annual plan for work organization for inmates must contain at least:

a) Total number of inmates, specifying number of inmates fit for work as per the law;

b) Estimated costs for work; fixed asset depreciation;

c) Expected work performance of inmates; differences between revenue and expenditures in work organization for inmates;

d) Proposed plan for use of labor fruits of inmates.

3. The prison shall conduct the work organization for inmates in conformity with the plan approved by the competent authority prescribed in Clause 1 hereof.

4. The Government shall elaborate this Article.

Article 34. Use of inmates' labor fruits

1. Inmates’ labor fruits, less reasonable costs, shall be used for:

a) Increasing food rations for inmates;

b) Set up a community integration fund to support inmates after completely serving their full prison sentences;

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

d) Re-investing in the prison to fund the organization of labor, education and job training for inmates; improve workmanship for inmates who are about to completely serve their full prison sentences;

dd) Pay partial remuneration to inmates who directly engage in labor; provide supports for inmates who meet with labor accidents.

2. Inmates may use their monetary rewards prescribed in Point c Clause 1 hereof and remuneration earned prescribed in Point dd Clause 1 hereof, or deposit them at their prisons' safekeeping and receive them back upon completely serving their full 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 financial revenues earned and expenses incurred and make financial statements according to the non-business administrative accounting regime. All revenues earned and expenses incurred associated with 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 consolidated report on figures, status and results of revenues and expenses arising from the organization of inmate labor. Superintendents shall make such consolidated 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.

4. The Government shall elaborate this Article.

Article 35. Inmate's performance grade

1. During their serving time, inmates shall have their performance remarked and graded weekly, monthly, quarterly, biannually or annually. The remarks and grading shall be carried out in an impartial, fair, public, democratic and continuous manner.

2. Based on their satisfaction of emulation standards, compliance with internal regulations of places of detention, and their performance in study, rehabilitation efforts, their remedial measures for damages caused by their offense, inmates shall be remarked and graded from very good, good, average to poor.

3. Quarterly, biannual and annual Inmate’s performance grade shall be made in writing and included in the inmate dossier. An inmate making merits shall have his/her serving performance upgraded.

4. The Government shall elaborate this Article.

Article 36. 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 centers of the Ministry of Public Security; detention centers of the Ministry of National Defense;

b) Criminal judgment execution agencies of the provincial-level police department 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, chief judges 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. In case of non-approval for the request, the chief judge of the court shall give a reply to the agency which made the request and notify the same-level procuracy, providing explanation in writing.

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.

Article 37. 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 whose sentence is suspended and his/her representative if such person is under 18 years of age;

b) The agency requesting the suspension, the prison, detention center 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, the People’s Committee of commune where the person whose sentence is suspended resides or the military unit manages him/her;

d) The same-level procuracy;

dd) The court that issued the judgment execution decision;

e) The Department of Justice of the province where the issuing court is based;

g) Ministry of Foreign Affairs if the person whose sentence is suspended is a foreigner.

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, dd and g, Clause 1 of this Article.

3. The prison, detention center or criminal judgment execution agency of the district-level police office directly managing the person whose sentence is suspended 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.

If the person whose sentence is suspended has suffered a serious disease and has received treatment at a hospital, the prison, detention center or criminal judgment execution agency of district-level police office shall deliver him/her to his/her relatives at the hospital, make a record of transfer of inmate, notify and send the record of transfer to the criminal judgment execution agency of district-level police office or military zone. The criminal judgment execution agency of district-level police office where such person resides or criminal judgment execution agency of military zone assigned to manage such person shall cooperate with his/her relatives in monitoring and managing him/her while he/she has being received treatment at the hospital. When such person is discharged from the hospital, the criminal judgment execution agency of district-level police office where such person resides or criminal judgment execution agency of military zone assigned to manage such person shall transfer him/her to the People’s Committee of commune where he/she comes to reside or the military unit assigned to manage him/her.

4. Within 3 working days after receiving the decision on suspension of the serving of prison sentence, the criminal judgment execution agency of district-level police office where such person resides or criminal judgment execution agency of military zone assigned to manage such person shall prepare a dossier on execution of the decision on suspension.

Within 3 working days after receiving the transfer or transfer note of the person whose sentence is suspended, the People’s Committee of commune where he/she comes to reside or the military unit assigned to manage him/her shall prepare a dossier on management of him/her.

During the suspension period, the person whose sentence is suspended may not leave his/her place of residence without consent of the People’s Committee of commune where he/she comes to reside or the army unit assigned to manage him/her; report his/her compliance with regulations at the request of the People’s Committee of commune where he/she comes to reside or the army unit assigned to manage him/her; and voluntarily notify the criminal judgment execution agency of district-level police office or of military zone of expiration of the suspension period or his/her recovery from the disease to keep serving the sentence.

The People’s Committee of commune where he/she comes to reside or the army unit assigned to manage him/her shall monitor and supervise him/her, consider granting his leaving the place of residence or place of work; convene him/her to report his/her compliance with law during the suspension period; and send monthly reports on management of such person to the criminal judgment execution agency of district-level police office or of military zone.

5. The resumption of the serving of a prison sentence by a person whose sentenced is suspended is as follows:

a) At least 7 days before the expiration of the suspension period, the chief judge of the court which issued the decision on suspension of serving the prison sentence shall make a written notice and send it to the individuals and agencies prescribed in Clause 1 hereof. After 7 days from the expiration of suspension period of the serving of a prison sentence, if the person whose sentence is suspended fails to present him/herself at the criminal judgment execution agency of district-level police office or of military zone to serve the sentence, the head of the criminal judgment execution agency of district-level police office or of military zone shall issue a decision to escort the sentenced person for judgment execution except for force majeure events or objective hindrance;

b) With regard to a person who has his/her sentence suspended due to his/her serious disease, if he/she still gives the health reason to avoid the serving of sentence despite his/her signs of recovery from disease or he/she shows signs of mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office where he/she resides or the criminal judgment execution agency of military zone which manages him/her shall seek health assessment from at least a provincial or military zone-level hospital or seek mental health assessment from a competent mental health assessment facility.

If the assessment report shows that the person whose sentence is suspended has made a recovery from disease, the criminal judgment execution agency of district-level police office or of military zone shall send that person to the place where he/she will serve the sentence and notify the court which has issued the decision to suspend the serving of the sentence.

If the assessment report shows that that person suffers mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall request the chief judge of court who has issued the judgment execution decision to issue a decision to cancel the decision to suspend the serving of the prison sentence and apply judicial measures of compulsory medical treatment.

The assessment costs shall be borne by the assessment agency.

6. During the suspension period, if the person whose sentence is suspended commits a new crime, escapes or violates the law adversely affecting the security, social safety and order, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the decision on suspension. Within 3 working days after receiving the notice, the court which issued the decision on suspension shall consider issuing a decision to cancel the decision to suspend the serving of a prison sentence and send the decision to the criminal judgment execution agency of district-level police office, the criminal judgment execution agency of military zone, and the same-level procuracy.

If the person whose sentence is suspended escapes, the criminal judgment execution agency of provincial-level police department or the criminal judgment execution agency of military zone shall release a wanted notice and organize the pursuit.

7. If the person whose sentence is suspended dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the decision to suspend the serving of the prison sentence and the court which issued the judgment execution decision. If the person whose sentence is suspended dies while he/she has received treatment at hospital as prescribed in Clause 3 hereof, the criminal judgment execution agency of district-level police office or of military zone shall notify the court which issued the decision to suspend the serving of the prison sentence, the court which issued the judgment execution decision, and the same-level procuracy.

Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it to the agencies prescribed in Points b, c, d, e and g Clause 1 of this Article and the court which issued the decision to suspend the judgment execution.

Article 38. Procedures for reduction of the duration of serving prison sentence

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, and a dossier to the same-level procuracies. A request dossier 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) A written request of the competent agency for the reduction;

c) Quarterly, biannual and annual assessment grades of the serving of the prison sentence; commendation decision(s) or certificate(s) of the inmate's merits issued by competent agency(ies);

d) The conclusion of a provincial- or military zone- or higher-level hospital or medical examination council on the illness, for inmates suffering a fatal disease or a document showing that inmate is a decrepit old person;

dd) A copy of the decision to reduce the duration of serving the prison sentence, for inmates who have been granted a reduction;

e) Proof of compensation for civil obligations paid by the person whose duration of serving prison sentence is requested for reduction.

3. Within 15 days after receiving a request dossier for reduction of the duration of serving the prison sentence, the chief judge of people's court of province or the chief judge of military court of the military zone in which the inmate is serving his/her sentence shall establish a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. 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 sentenced 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, Ministry of Foreign Affairs in a case where the sentenced person concerned is a foreigner.

5. The consideration for reduction of the duration of serving prison sentences shall be carried out 3 times a year. A sentenced person may only be considered for reduction of the duration of serving prison sentence once a year. After the sentenced person is granted the reduction of duration of serving the prison sentence, if there are special grounds showing that he/she deserves greater leniency, such as he/she has made merits, is a decrepit old person or has suffered a fatal disease. He/she may be considered for further reduction of duration of serving prison sentence but not exceeding twice a year.

Article 39. Procedures for exemption from the serving of prison sentences

1. The people’s procuracy of province or military procuracy of military zone where 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. A request dossier comprises:

a) A copy of the legally effective court judgment;

b) The written request of the competent chief procurator;

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 or medical examination council on the illness of the inmate, for inmates suffering a fatal disease; the local government’s certification of the inmate’s good observance of law or severely disadvantaged family, for inmates who has observed the law well and has a severely disadvantaged family.

2. Within 15 days after receiving a dossier, the chief judge shall establish a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. 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 the duration of serving the prison sentence, the court shall send this decision to the sentenced person concerned, the requesting agency, the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision and the People’s Committee of commune where the sentenced person concerned resides, the military assigned to manage such person or Department of Justice of province where the court which issued the decision is based, Ministry of Foreign Affairs in a case where the sentenced person concerned is a foreigner.

4. Immediately after receiving the exemption decision, the prison, detention center 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 40. Transfer of inmates

1. A presiding authority or officer 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 or of military zone where the requesting presiding authority or officer is based for requesting the competent agencies specified in Clause 2 of this Article to issue a transfer order. Upon receiving the transfer request, the competent 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 centers 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 centers 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 centers 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 centers or to inmates directly managed by criminal judgment execution agencies of district-level police offices.

3. In case of transfer of inmates for their incarceration, education and rehabilitation or medical examination and treatment or medical examination and treatment provided for children residing with mothers in prison at health facilities, the superintendent of prison or detention center or the head of criminal judgment execution agency of district-level police office shall issue transfer orders.

4. A transfer order must at least contain:

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 transferred, his/her date of arrest, crime, duration and place of serving the prison sentence;

c) Purpose and length of transfer;

d) Agency, the person to receive the transferred inmate (if any);

dd) Date of issuance of the order; signature and seal of the issuer.

5. The superintendent of prison or detention center, or the head of criminal judgment execution agency of district-level police office shall check, deliver and make a report of the transfer of the transferred inmate. If the transfer length is at least 2 months and equals to the remainder of the sentence duration of the inmate concerned, his/her dossier and other articles, money and assets (if any) shall also be transferred with him/her in order for the receiving authority or person to issue a certificate of complete serving of sentence upon the expiration of the sentence and record it in the transfer monitoring book.

The criminal judgment execution agency of the provincial-level police department or of the military zone where the presiding authority or officer requesting the transfer is based or works shall receive, escort and manage the transferred inmate and his/her dossier 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 board and lodging for him/her under law during the time of transfer. Pursuant to the transfer order, the detention center or custody house in the place of the investigation, prosecution or trial agency requesting the transfer shall manage the transferred inmate as per the law.

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 center or the criminal judgment execution agency of the district-level police office shall provide board 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 center or district-level criminal judgment execution agency for further serving his/her sentence, unless the transfer length equals to the remainder of the sentence prescribed in Clause 5 hereof. If the relevant agency wishes to extend the transfer length, it shall request extension of the transfer length; the transfer length and extension of this length must not be longer than the remainder of the sentence served by the transferred inmate.

9. The transfer length shall be included in the duration of serving the prison sentence, unless the inmate escapes during the transfer duration.

The transfer will not affect the consideration for reduction of the duration of serving prison sentence or parole granted to inmates.

Article 41. Commendation given to 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 phone conversations and visits with relatives, the number of receipt and quantities of presents.

2. Superintendents of prisons or detention camps of the Ministry of Public Security, superintendents 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 commendation given to 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 under law.

Article 42. Handling of cases of escaped 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 and report the criminal judgment execution management agency and notify the competent people’s procuracy. Within 24 hours from the time of detecting that an inmate has escaped, if the pursuit is still in vain, the superintendent 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 release a wanted notice and organize the pursuit.

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

2. When an escaped inmate turns himself/herself in, the agency receiving him/her shall make a report and handle him/her according to its competence or deliver him/her to the nearest criminal judgment execution agency for handling under law.

Article 43. 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) Warnings;

c) Confinement to a disciplinary cell for up to 10 days.

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

3. Superintendents of prisons, superintendents 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.

4. If the violation of an inmate show signs of a crime failing under the investigatory power of the superintendent of the prison or detention camp, the superintendent 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 investigatory power, the superintendent shall request a competent investigative agency to initiate prosecution as per the law.

If the violation of an inmate being held in detention center or custody house of district-level police office show signs of a crime, the superintendent of the detention center, the head of criminal judgment execution agency of district-level police office shall request a competent investigative agency to initiate prosecution as per the law.

5. The Government shall elaborate this Article.

Article 44. Notification of inmate’s serving of sentences; cooperation with inmates' families, agencies, organizations and individuals in educating and reforming inmates

1. Prisons, detention centers, criminal enforcement agencies of district-level police offices shall biannually notify the inmate’s serving of sentences to their relatives.

2. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall cooperate 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 State's clemency; support education and job training activities for inmates and prepare necessary conditions for their community re-integration after they have completely served their full prison sentences.

Article 45. Community re-integration

1. Prisons, detention centers, criminal judgment execution agencies of district-level police offices shall prepare necessary conditions for their community re-integration before they have completely served their full prison sentences, are granted amnesty or parole. Preparations for community re-integration:

a) Psychological counseling, assistance in legal procedures;

b) Career orientation, job seeking;

c) An amount of financial support set aside from the community integration fund of the prison.

2. Financial support for community re-integration shall be set aside from:

a) Funding allocated by state budget;

b) The community integration of the prison and other funds as per the law;

c) Voluntary contribution of agencies, organizations, and individuals and other legal revenue sources.

3. The State encourages agencies, organizations, units, and individuals to enable persons who have completely served their full sentences, persons granted amnesty or parole to re-integrate the community through the following measures:

a) Communications, education in community re-integration;

b) Vocational training, job creation;

c) Psychological counseling and assistance in legal procedures;

d) Other types of assistance.

4. The Government shall elaborate this Article.

Article 46. Release of inmates

1. Two months before an inmate completes his/her full prison sentence, the prison or detention center 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 will return to reside and work, or Ministry of Foreign Affairs in case the inmate is a foreigner. Such a notice must state their performance 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 completing his/her full prison sentence, does not know where to live, the prison or detention center 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 center of the criminal judgment execution agency of the provincial-level police department or of military zone 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.

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 transfer length is at least 2 months and equals to the remainder of the sentence duration of the inmate concerned, the competent agency shall notify it to the agency receiving such person and related agencies as prescribed in Clause 1 hereof, issue a certificate of complete serving of the prison sentence to such inmate, and release him/her; and deal with related procedures, obligations, rights and interests of the transferred person under Clause 2 of this Article if that person will not be detained for any other offense under decision of the competent presiding authority.

4. Upon completing his/her full 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. The agency which has issued a certificate of complete serving of prison sentence shall send it to the National Center for Judicial Records (NCJR), 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 the agency responsible for enforcing the civil part of the criminal judgment or decision.

Article 47. 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) Upon 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 criminal execution and 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 for incarceration management, education and rehabilitation, rights and obligations applicable to delivered persons currently serving prison sentences shall conform to 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 criminal execution and 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.

3. The Government shall elaborate this Article.

Section 2. REGIMES FOR BOARD, CLOTHING, LODGING, DAILY LIVING AND HEALTH CARE FOR INMATES

Article 48. Regime for board and lodging for inmates

1. Inmates shall be provided with prescribed rations of rice, green vegetable, meat, fish, sugar, salt, fish sauce, cooking oil, monosodium glutamate, and fuel. For inmates doing heavy and hazardous jobs as prescribed by law, their food rations shall be increased but not exceeding two times the standard rations for normal days. 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. Superintendents of prisons, superintendents of detention centers 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 eat 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 center or the criminal judgment execution agency of the district-level police office.

Kitchens for inmates 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, dd, e and g, Clause 2 and Clause 3, Article 30 of this Law. The minimum sleeping area per inmate is 2 square meters (m²). For an inmate having a small child to raise, she must have a sleeping area of at least 3 m².

Article 49. Regime for clothing and personal belongings of inmates

Inmates shall be provided with uniform clothing, face towels, blankets, mats, mosquito nets, slippers, hats and soap, toothpaste and toothbrushes; 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 elaborate this Article.

Article 50. Regime for physical exercise, sports and cultural and art activities and use of prayer books, expression of belief, religions 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 where they serve the sentences.

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

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

3. Inmates practicing religions shall be entitled to use prayer books legally published in the printing form and express their belief and religions as per the law on belief and religions.

Article 51. Regimes toward female inmates who are pregnant or raising children under 36 months of age

1. Pregnant female inmates, unless they are allowed to postpone the serving of prison sentences, are entitled to regular or irregular prenatal check-ups and 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 law. During maternity leave, they shall be provided with food rations as prescribed by medical assistants or doctors, as well as food and necessary items for raising and caring their babies. Female inmates raising children under 36 months of age shall be given appropriate time to take care of and raise their children.

3. Children under 36 months of age and children from 36 months of age and older who reside with their mothers in prison, while waiting for admission to social protection establishments, shall be entitled to regimes for board, clothing, lodging, daily necessities and healthcare in accordance with exercising of children rights of the Law on Children.

4. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall carry out procedures to request birth registration for inmates' children. The People’s Committee of commune where the inmate serves his/her sentence shall register and issue the inmate with the birth certificate.

5. When the child reaches 36 months of age, a female inmate shall send him/her to his/her relatives for rearing. If no relative receives to rear such child, the prison or detention center of the Ministry of Public Security, detention center of the Ministry of National Defense or the criminal judgment execution agency of provincial-level police department shall request the provincial-level Department of Labor, War Invalids and Social Affairs of the place where the inmate serves her sentence to designate a social protection establishment 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 protection establishment to receive and rear the child. After completely serving her full prison sentence, the inmate is entitled to receive back her child from the social protection establishment.

6. A prison shall organize a nursery outside the incarceration sector to care for and rear children of inmates who are under 36 months of age or children of inmates who are 36 months of age or older pending admission to social protection establishments.

7. The Government shall elaborate this Article.

Article 52. Regime for visits of relatives and receipt of presents

1. Inmates may meet their relatives once a month for no more than one hour. According to the inmate's performance grade and requirements for education and rehabilitation, working and study achievements of inmates, the superintendent of prison or detention center, the head of criminal judgment execution agency of district-level police office shall consider granting extension of the visit duration but not exceeding 3 hours or granting a conjugal visit not exceeding 24 hours in a private room. Inmates who are commended or record merits may meet their relatives one more time in a month.

Inmates violating regulations of the place of detention may only meet relatives every 2 months for no more than one hour.

2. When a representative of an agency or organization or another individual requests to meet an inmate, the superintendent of the prison or detention center or the head of the criminal judgment execution agency of the district-level police office shall consider and settle the request.

3. 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 the prison, detention center or criminal judgment execution agency of the district-level police office for management. The management and use of articles and cash of inmates conforms with Points a, b and c Clause 3 Article 26 of this Law.

4. Inmates may receive cash and articles from their relatives twice a month by post. Prisons, detention centers 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 and deal with articles under the ban list as per the law.

5. 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 centers 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.

A relative of a foreign inmate shall file an application with the criminal judgment execution management agency. Such application must be written in or translated to 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. Within 15 days after receiving an application, the 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. Prisons, detention centers, criminal judgment execution agencies of district-level police offices shall arrange places for inmates to meet with their relatives and representatives of other agencies, organizations, and individuals.

7. The Minister of Public Security, the Minister of National Defense shall elaborate this Article.

Article 53. Consular visit and contact

1. A diplomatic mission or foreign consular office seeking consular visit and contact with an inmate who holds their nationality and has served a prison sentence in Vietnam shall send a written request to Ministry of Foreign Affairs. The request shall at least contain:

a) Name of the requesting diplomatic mission or consular office;

b) Full name, nationality of the inmate which they seek consular visit and contact with;

c) The prison where the inmate has served his/her sentence;

d) Full name and position of those who conduct consular visit and contact;

dd) Full name of the interpreter.

2. Within 3 working days after receiving the request, Ministry of Foreign Affairs shall notify the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense. Within 5 working days after receiving the notice, the competent criminal judgment execution management agency shall reply the request in writing to the diplomatic mission or consular office through Ministry of Foreign Affairs and require the diplomatic mission or consular office to apply for a letter of recommendation for consular visit and contact to the criminal judgment execution management agency.

Article 54. Regime for communication of inmates

1. Inmates may send 2 letters a month. Superintendents of prisons or detention centers and heads of criminal judgment execution agencies of district-level police offices shall examine and censor letters sent and received by inmates.

2. Inmates may have domestic telephone conversations with their relatives once a month for not more than 10 minutes each, except for urgent cases. Superintendents of prisons or detention centers and heads of criminal judgment execution agencies of district-level police offices shall consider allowing inmates to have telephone conversations and control this form of communication.

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

Article 55. Regime for medical care for inmates

1. Inmates are entitled to the disease prevention and control regime. Prisons, detention centers and criminal judgment execution agencies of district-level police offices shall cooperate with district-level health centers or military hospitals of the places in which the prisons, detention centers and criminal judgment execution agencies of district-level police offices are based in offering medical check-ups for inmates.

2. Sick or injured inmates shall be examined and treated at infirmaries of their prisons or detention centers or at the nearest health facilities. An inmate who suffers a serious disease or an injury beyond the treatment capability of these establishments shall be referred to a superior-level health facility for treatment; the prison, detention center or criminal judgment execution agency of district-level police office shall notify relatives of the inmate or his/her lawful representatives for joining in treating and caring for such inmate. His/her food, medicine and health restoration regimes shall be prescribed by the health facility.

Prisons and criminal judgment execution agencies of provincial-level police departments or military zones shall coordinate with provincial-level health facilities and military hospitals in building or arranging a number of separate rooms in these establishments to treat sick inmates. The management and supervision of inmates during their treatment at health facilities shall be carried out by prisons, detention centers, and criminal judgment execution agencies of district-level police offices.

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 center 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 health 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 chief judge 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 suspend the serving of prison sentence and apply execution of compulsory medical treatment against him/her.

The health facilities shall receive and manage inmates subject to execution of compulsory medical treatment at the health facilities.

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 health facilities shall be financed by the State.

6. The Government shall elaborate this Article.

Article 56. Handling of cases of deceased inmates

1. When an inmate dies in the prison, detention center or criminal judgment execution agency of the district-level police office or a state-owned health facility, such agency or facility 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 center or criminal judgment execution agency of the district-level police office shall apply for death registration to the People’s Committee of commune where the inmate dies and notify the relatives or lawful representative of the deceased inmate before conducting the burial. For an inmate who dies in a health facility, such health facility shall make a death notice and send it to the prison, detention center or criminal judgment execution agency of the district-level police office.

When a foreign inmate dies, the superintendent 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 of the Ministry of Public Security or the Ministry of National Defense, or 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 conduct a burial for the foreign inmate.

2. After obtaining permission of a competent agency to conduct the burial for the deceased inmate, the prison, detention center or criminal judgment execution agency of the district-level police office shall notify the relatives or representatives of the inmate. In case the relative or lawful representative of the deceased inmate makes a petition for receiving the corpse of the deceased, the prison, detention center or criminal judgment execution agency of the district-level police office shall accept such petition, unless there is a ground to believe that such would affect security, order and environmental sanitation. Within 24 hours after sending the notice, if the relatives or representatives of the inmate fails to receive his/her corpse, the prison, detention center or criminal judgment execution agency of the district-level police office shall conduct the burial 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 serving of prison sentence and send it to a relative of the deceased and the prison, detention center 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 cooperate with the prison, detention center or criminal judgment execution agency of the district-level police office in conducting the burial and managing his/her grave. Burial expenses shall be covered by the State.

When a foreign inmate dies, within 48 hours after sending the notice, if the representative body of the country in which such inmate is a citizen refuses to receive the corpse, the prison shall conduct the burial.

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

Section 3. PAROLE

Article 57. Time for consideration of parole

The consideration of parole shall be carried out 3 times a year: at the end of the first quarter, the second quarter and the end of the year.

Article 58. Application for parole

1. Prisons, detention centers of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments or of military zones shall prepare applications for parole and send them to the provincial-level or military-level people’s procuracy, provincial-level or military-level people’s court where the inmates have served their prison sentences.

2. An application for parole shall consist of:

a) An application form for parole made by the inmate enclosed with commitment not to violate the law and obligations to be fulfilled after the parole is granted;

b) A copy of legally effective court judgment or decision; judgment execution decision;

c) Documents showing that the inmate has made considerable progress and great rehabilitation which are decisions or copies thereof on inmate's performance grade;

d) A copy of decision on reduction of the duration of serving prison sentence granted the person sentenced for serious crime or very serious crime or extremely serious crime;

dd) Documents showing that the inmate has completely served the additional sentence as a fine or compensation for damage or payment of court fee;

e) Documents showing the inmate’s actual duration of serving the prison sentence;

g) Relevant proof showing that inmate is a person who has meritorious services to the revolution or a relative thereof, is at least 70 years of age, has severe disabilities or extremely severe disabilities, raises a child under 36 months of age, or is a minor;

h) A request for parole made by the prison, detention center of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agency of provincial-level police department or of military zone.

3. A person whose prison sentence is suspended or a person subject to execution of compulsory medical treatment may reserve his/her performance grade and resume the performance period after he/she continues to serve his/her sentence. In this case, if the People’s Committee of commune where the person whose prison sentence is suspended comes to resides, the military unit assigned to supervise this person, or the health facility receiving this person certifies that such person has strictly complied with laws and regulations, he/she may be considered to be granted parole.

4. If an inmate is transferred for investigation, prosecution, and trial purposes has not been prosecuted for another offense, the prison, detention center, or criminal judgment execution agency of district-level police office which receive the transferred inmate shall request the prison, detention center, or criminal judgment execution agency of district-level police office in charge to consider making an application for parole granted him/her if he/she is eligible.

Article 59. Execution of parole

1. After receiving a decision on parole, the prison, detention center, or criminal judgment execution agency of district-level police office shall post up a list of inmates granted parole at the place of detention. After the decision on parole takes effect, the prison, detention center, or criminal judgment execution agency of district-level police office shall issue certificates of parole to eligible inmates and release them. The probation period shall begin from the date on which decision on parole takes effect.

The prison, detention center, or criminal judgment execution agency of district-level police office shall hand inmate dossiers over to the criminal judgment execution agency of district-level police office where the parolee comes to reside or the criminal judgment execution agency of military zone.

2. The criminal judgment execution agency of district-level police office where the parolee comes to reside or the criminal judgment execution agency of military zone shall receive and maintain the inmate dossiers; prepare supervision dossiers of parolees and give them to the People’s Committee of commune or military unit in charge.

Within 5 days from the parole date, the parolee must present himself/herself at the People’s Committee of commune or the military unit in charge to commit to fulfill his/her obligations, except for force majeure events or objective hindrance. After the above 5-day time limit, if the parolee fails to present himself/herself, the People’s Committee of commune or the military unit in charge shall summon him/her to the head office to make the commitment. If he/she fails to present himself/herself as summoned or make such a commitment, the commune police or military unit shall make a report on his/her breach of obligations.

The People’s Committee of commune or military unit in charge shall send reports on parolees’ presence and commitments to district-level police office or criminal judgment execution agency of military zone.

3. If the parolee under management of the military has no longer served in the military, the criminal judgment execution agency of military zone shall deliver such parolee enclosed with his/her inmate dossier to the criminal judgment execution agency of district-level police office where he/she comes to reside; prepare supervision dossier of the parolee and give it to the People’s Committee of commune in charge.

4. On the final day of the probation period, the criminal judgment execution agency of district-level police office or of military zone in charge of the parolee shall issue a certificate of complete serving of prison sentence and send it to the same-level procuracy and court which has issued the decision on parole and the court which has issued the judgment execution decision, the prison, detention center, or criminal judgment execution agency of district-level police office or of military zone where such person has served the sentence, National Center for Judicial Records and the People’s Committee of commune where he/she comes to reside.

5. If the parolee dies, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to notify the court which issued the judgment execution decision. Within 3 working days after receiving the notice, the court which issued the judgment execution decision shall issue a decision to terminate judgment execution and send it the same-level procuracy, criminal judgment execution agency of district-level police office or of military zone, the People’s Committee of commune or the military unit in charge and Department of Justice of province where the court which issued the decision is based.

Article 60. Supervision dossiers of parolees

1. A supervision dossier of parolee prepared by the criminal judgment execution agency of district-level police office or the criminal judgment execution agency of military zone shall include:

a) A copy of the legally effective court judgment; a copy of decision and the judgment execution decision;

b) A decision on parole;

c) A certificate of parole;

d) A remark of the parolee’s performance during serving time;

dd) A commitment of the parolee;

e) A personal information sheet of the parolee;

g) Other relevant documents.

2. The People’s Committee of commune or the military unit in charge of the parolee shall receive and include additional documents below in the supervision dossier:

a) A remark of the parolee’s performance given by the People’s Committee of commune or the military unit in charge;

b) A report of the parolee on his/her fulfillment of obligations;

c) A criticism report, criticism meeting minutes and relevant documents if the parolee is formally criticized as prescribed in Article 66 of this Law;

d) A court decision on shortening of probation period if the parolee is so granted;

dd) Other relevant documents.

3. 15 days before the probation period expires, the People’s Committee of commune or the military unit in charge of the parolee shall hand over the supervision dossier to the criminal judgment execution agency of district-level police office or of military zone so as to issue a certificate of complete serving of prison sentence upon expiration of the probation period. The handing over of the management dossier shall be recorded and kept in the inmate dossier.

Article 61. Tasks and powers of the People’s Committee of commune or the military unit in charge of parolees

1. A People’s Committee of commune in charge of a parolee shall have the following tasks and powers:

a) Receive the supervision dossier of such parolee; hand over the dossier to the competent criminal judgment execution agency as per this Law;

b) Require the parolee to fulfill his/her obligations; adopt education and prevention measures when he/she shows any sign of violation of law;

c) Commend the parolee for his/her considerable progress or great merits (if any);

d) Give approval for the parolee's absence from his/her place of residence as prescribed in this Law and law on residence;

dd) Cooperate with socio-political organizations, parolee’s family and places where the parolee works or studies in supervising him/her;

e) Prepare relevant documents and request the criminal judgment execution agency of district-level police office to report the criminal judgment execution agency of provincial-level police department to request the same-level court to consider shortening the parolee’s probation period.

g) Report the criminal judgment execution agency of district-level police office to request the competent court to cancel to decision on parole and compel the parolee to serve the remainder of the sentence if he/she violates Clause 4 Article 66 of the Criminal Code;

h) Report on the parolee’s escape to the criminal judgment execution agency of district-level police office;

i) Give a written remark of the parolee’s fulfillment of his/her obligations during the probation period;

k) Report on supervision of the parolee during the probation period to the competent criminal judgment execution agency.

2. Commune-level police offices shall advise and assist commune-level People's Committees in performing their tasks and powers as prescribed in Clause 1 of this Article.

3. A military unit in charge of a parolee shall have the following tasks and powers:

a) The tasks and powers prescribed in Points a, b, c, i and k Clause 1 hereof;

b) Cooperate with the People’s Committee of commune in giving approval for the parolee's absence from his/her place of residence as prescribed in this Law and law on residence;

c) Cooperate with the parolee’s family in supervising him/her;

d) Prepare relevant documents and request the criminal judgment execution agency of military zone to request the same-level court to consider shortening the parolee’s probation period;

dd) Report the criminal judgment execution agency of military zone to request the competent court to cancel to decision on parole and compel the parolee to serve the remainder of the sentence if he/she violates Clause 4 Article 66 of the Criminal Code;

e) Report on the parolee’s escape to the criminal judgment execution agency of military zone.

Article 62. Obligations of parolees

1. Strictly fulfill his/her commitments on compliance with law, civil obligations, internal regulations of the places of residence, work and study.

2. Present himself/herself and make commitments as prescribed in Clause 2 Article 59 of this Law.

3. Submit to the management of the People’s Committee of commune or the military unit in charge.

4. Abide by regulations prescribed in Article 67 of this Law.

5. Present himself/herself at the request of the People’s Committee of commune or the military unit in charge.

6. Send monthly reports on fulfillment of his/her obligations to the People’s Committee of commune or the military unit in charge. If the parolee is absent from his/her place of residence as prescribed in Clause 1 Article 67 of this Law, he/she must send a report on fulfillment of his/her obligations upon the expiry of the absence period.

Article 63. Work and study of parolees

1. If a parolee who is not an official or public employee may continue to work in a non-public entity, he/she may earn salaries and benefit other polices in conformity with his/her job and this working duration shall be included in his/her working time as per the law.

2. If a parolee is admitted to study in a compulsory education institution or vocational education institution, he/she may benefit policies as per the law.

3. A parolee not falling under any case prescribed in Clause 1 and Clause 2 of this Article may be enabled to find a job by the People’s Committee of commune in charge.

Article 64. Shortening probation period imposed on parolees

1. A parolee may request shortening of the probation period when he/she:

a) has served a half of the probation period; and

b) has made great progress during his/her probation period.

2. A parolee may have his/her probation period shortened once a year for 3 months to 2 years. If the remainder of the probation period is under 3 months, the court may decide to eliminate it.

A parolee may have his/her probation period shortened multiple times provided that he/she in fact has served at least three-fourths of the probation period, except for the case prescribed in Clause 3 hereof.

3. If a parolee is a minor, has made merits, is a decrepit old person or has suffered a fatal disease and he/she has satisfied all conditions prescribed in Clause 1 hereof, the court may eliminate the remainder of his/her probation period.

Article 65. Procedures for shortening probation period imposed on parolees

1. The People’s Committee of commune or the military unit in charge of parolees shall review eligible persons in accordance with the Criminal Code, prepare relevant documents and submit a request for shortening probation periods of eligible parolees to the criminal judgment execution agency of district-level police office or of military zone.

2. Within 7 days after receiving the documents and request of the People’s Committee of commune in charge of the parolees, the criminal judgment execution agency of district-level police office shall consider and submit its request for shortening probation periods of eligible parolees to the criminal judgment execution agency of provincial-level police department and enclosed documents. Within 7 days after receiving the documents and request of the criminal judgment execution agency of district-level police office, the criminal judgment execution agency of provincial-level police department shall consider and submit its request for shortening probation periods of eligible parolees to the same-level people’s court for consideration and to the same-level people’s Procuracy.

3. Within 7 days after receiving the documents and request of the military unit in charge, the criminal judgment execution agency of military zone shall consider and submit its request for shortening probation periods of eligible parolees to the military court for consideration and to the same-level people’s procuracy.

4. Within 7 days after receiving the documents and request of criminal judgment execution agency of provincial-level police department or military zone, the chief judge of provincial-level people’s court or military zone-level military court where the parolee resides or works shall establish a council and hold a meeting to consider shortening probation period. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. 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.

5. Within 3 days from the date on which the decision to shorten probation period is issued, the court must send that decision to the sentenced person, the same-level procuracy, the immediate superior Procuracy, the agency which requests shortening of probation period, the court which issued the decision on parole, Department of Justice of province where the court which issued the decision to shorten probation period is based.

Article 66. Formal criticism against parolees

1. During the probation period, if a parolee commits the parole conditions prescribed in Article 62 of this Law for the first time or incurred an administrative penalty for the first time, the People’s Committee of commune in charge shall cooperate with relevant agencies, Vietnamese Fatherland Front to hold a public meeting at the community where the parolee resides for a formal criticism against him/her; if the parolee has worked at a military unit, the formal criticism shall be held at that military unit.

2. The formal criticism shall be recorded in writing and included in the supervision dossier and reported to the criminal judgment execution agency of district-level police office or the criminal judgment execution agency of military zone.

Article 67. Parolee’s absence from place of residence

1. A parolee may be absent from his/her place of residence if he/she has justifiable grounds, obtains the permission as prescribed in Clause 2 hereof and make a declaration of temporary absence as prescribed in law on residence. The absence duration from place of residence shall be included in the probation period but not exceeding 60 days each and total absence duration may not exceed one third of the probation period, unless the parolee has received treatment at a health facility due to his/her disease as prescribed by doctors and has been certified by that health facility.

2. When seeking permission for absence from place of residence, a parolee must submit a request for permission and obtain the permission from the People’s Committee of commune or the military unit in charge. If the request is rejected, the People’s Committee of commune or the military unit in charge must provided explanation in writing. When the parolee comes to the new place of residence, he/she must report his/her presence with the police office of the commune where he/she temporarily resides; upon expiry of the temporary residence duration, he/she must be certified by the People’s Committee of commune or police office of the commune. If the parolee commits a violation of law, the People’s Committee of commune where he/she temporarily resides shall notify the People’s Committee of commune or the military unit in charge.

3. The parolee may not leave Vietnam’s territory during his/her probation period.

Article 68. Dealing with parolee’s change of place of residence or work

1. If a parolee, for justifiable grounds, has to change his/her place of residence or work, he/she must obtain a certification of the People’s Committee of commune or the military unit in charge and send a request to the criminal judgment execution agency of district-level police office or of military zone.

Within 15 days after receiving the request for change of place of residence or work from the parolee, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with relevant agencies in verifying and dealing with such request. If the request is rejected, they must provide explanation in writing.

2. The request for change of place of residence may be approved if the following conditions are satisfied:

a) The requirements prescribed in law on residence are met;

b) The parolee obtains a permission from the criminal judgment execution agency of district-level police office if he/she changes his/her place of residence within a district or from the criminal judgment execution agency of provincial-level police department if he/she changes his/her place of residence beyond the scope of a district, or from the criminal judgment execution agency of the Ministry of Public Security if he/she changes his/her place of residence beyond the scope of province.

3. The change of the parolee’s place of work within the scope of a military zone shall be decided by the criminal judgment execution agency of military zone.

The change of the parolee’s place of work beyond the scope of a military zone shall be decided by the criminal judgment execution agency of the Ministry of National Defense.

If the parolee does not continue to work for military, the criminal judgment execution agency of military zone shall transfer his/her dossier to the criminal judgment execution agency of district-level police office where the parolee comes to reside for further supervision as prescribed in Clause 3 Article 59 of this Law.

4. The Minister of Public Security and the Minister of National Defense shall elaborate this Article.

Article 69. Dealing with parolees violating parole conditions or incurring penalties for administrative violations

1. If a parolee deliberately violates the parole conditions prescribed in Article 62 of this Law, the commune-level police office shall make a violation report; if he/she deliberately violates the parole conditions for the second time, the commune-level police office shall make another violation report and report the People’s Committee of commune.

If a parolee under supervision of a military unit deliberately violates the parole conditions prescribed in Article 62 of this Law, the military unit shall make a violation report; if he/she deliberately violates the parole conditions for the second time, the military unit shall make another violation report and report criminal judgment execution agency of military zone.

2. If a parolee incurs a penalty for administrative violation from the second time onwards, the commune-level police office shall report the People’s Committee of commune.

If a parolee under supervision of a military unit incurs a penalty for administrative violation from the second time onwards, the military unit shall report the criminal judgment execution agency of military zone.

3. Within 3 working days after receiving the report of the commune-level police office, the People’s Committee of commune shall send a written request the criminal judgment execution agency of district-level police office enclosed with the violation report or decision on penalty for administrative violation and other relevant documents so as to request the cancellation of the decision on parole.

Within 3 working days after receiving the report enclosed with the violation report or decision on penalty for administrative violation and other relevant documents from the military unit, the criminal judgment execution agency of military zone shall request cancellation of the decision on parole.

Article 70. Dealing with inmates to be considered for parole violating internal regulations of places of detention or committing violations of law

1. If an inmate to be considered for parole violates regulations of the place of detention and is disciplined or commits a violation of law before being granted a decision on parole by the court, the requesting agency prescribed in Clause 1 Article 368 of the Criminal Procedure Code shall request the people’s procuracy or the court in writing to withdraw the application and eliminate the inmate’s name from the list of proposed parolees.

2. If an inmate with a decision on parole by the court which has not taken effect violates regulations of the place of detention and is disciplined or commits a violation of law, the application and procedures for cancellation of the decision on parole shall conform with Clause 3 Article 71 of this Law and Article 368 of the Criminal Procedure Code.

Article 71. Cancellation of decision on parole

1. If a parolee commits a violation prescribed in Clause 4 Article 66 of the Criminal Code, the criminal judgment execution agency of district-level police office or of military zone shall send a request dossier to the court which issued the decision on parole granted him/her to consider canceling such decision and send this dossier to the same-level people’s procuracy. A request dossier includes:

a) A request for cancellation of the decision on parole made by the criminal judgment execution agency of district-level police office or of military zone;

b) A report on parole violation or decision on penalty for administrative violation;

c) A report on the parole’s compliance with parole conditions during his/her probation period made by the criminal judgment execution agency of district-level police office or of military zone;

d) A copy of the court judgment or decision; a copy of the decision on parole;

dd) Other relevant documents.

2. Within 3 working days from the date on which the decision on cancellation of the decision on parole becomes effective, the criminal judgment execution agency of district-level police office or of military zone shall notify the parolee concerned in writing. Within 7 days after receiving such a notice, the parolee concerned must present himself/herself at the criminal judgment execution agency of district-level police office or of military zone to serve the remainder of the sentences in prison. If he/she fails to appear within the time limit, the criminal execution and judicial assistance police or judicial guard shall escort him/her to serve his/her sentence. If the parolee concerned escapes, the criminal judgment execution agency of district-level police office or of military zone shall request the competent criminal judgment execution agency to release a wanted notice.

3. If a parolee violates internal regulations of the place of detention or commits a violation prescribed in Clause 2 Article 70 of this Law, the agency which requested the parole shall send a request dossier to the court which issued the decision on parole granted him/her to consider canceling such decision and send this dossier to the same-level people’s procuracy. A request dossier includes:

a) A request for cancellation of the decision on parole;

b) A decision on discipline imposed on the inmate enclosed with a report on violation of internal regulations of the place of detention or a report on the violation of law;

c) Other relevant documents.

4. Procedures for the court to consider canceling decisions on parole shall conform to Article 368 of the Criminal Procedure Code.

Article 72. Responsibilities of parolees’ families

The family of a parolee shall cooperate with the People’s Committee of commune or the military unit in charge in supervising that parolee; notify the parolee's compliance with parole conditions as required by the People’s Committee of commune or the military unit in charge; and attend any formal criticism meeting against the parolee as required by the People’s Committee of commune or the military unit in charge.

Section 4. MINOR INMATES

Article 73. Scope

A minor inmate shall serve his/her sentence in accordance with this Section and other regulations not in contravention of this Section. When the minor inmate reaches 18 years of age, he/she shall be subject to incarceration and education regime applicable to inmates aged 18 or older.

Article 74. Regime for management, education, study, vocation training, and work

1. A minor inmate shall be incarcerated under a separate regime suitable for his/her health, gender and personal characteristics.

2. Prisons shall provide academic education, legal knowledge and vocation training for minor inmates suitable for their age, educational level, gender and health, and make necessary preparations for them to re-integrate into the community after they completely serve their full prison sentences. Prisons shall universalize primary and lower secondary education for every inmate. Primary education is compulsory to inmates who have not finished their primary education programs.

Learning and vocational training programs for minor inmates shall be regulated by the Government.

3. Minor inmates are entitled to work in separate areas suitable for their age and exempt from doing heavy, dangerous jobs or jobs with exposure to toxic substances.

Article 75. Regime for board, clothing, healthcare, cultural and performance activities, entertainment

1. Minor inmates shall be provided with prescribed food and healthcare as the same as major inmates and their food rations may be increased but not exceeding 20% of the standard rations.

2. Apart from the standards for clothing and personal belongings as similar to major inmates, minor inmates may be provided with additional uniform clothing and other personal belongings as prescribed.

3. Duration and methods of organization of physical training and sports, cultural and performance activities, listening to radio, reading books and newspaper, watching television and other entertainment shall be provided in conformity with characteristics of minors.

4. The Government shall elaborate this Article.

Article 76. Regime for visits of and communication with relatives

1. Minor inmates may meet their relatives up to 3 times a month for no more than 3 hours. According to the inmate’s performance grade and requirements for education and rehabilitation, working and study achievements of inmates, the superintendent of prison shall consider granting extension of the visit duration but not exceeding 24 hours.

Minor inmates who are commended may meet their relatives one more time in 1 month.

2. Minor inmates may have domestic telephone conversations with their relatives 4 times a month for not more than 10 minutes each, under supervision of the prison officers and at their own expenses.

3. The state encourages relatives of minor inmates to send them books, school supplies, sporting and recreation equipment.