Part four
ENFORCEMENT OF IMPRISONMENT, COMMUNITY REINTEGRATION
Chapter IX
ENFORCEMENT OF IMPRISONMENT
Article 162. Facility conditions of separate prisons, prison divisions, and areas for detention for juvenile inmates in prisons
1. Separate prisons, prison divisions, and areas for detention for juvenile inmates in prisons must be arranged and designed to suit age and gender of the juveniles and ensure the following areas and facilities are available:
a) Detention area by the nature of the crime, level of sentence, gender;
b) Prison cell;
c) Facilities serving study, living, medical care;
d) Sports and entertainment area;
dd) Labor and vocational training area;
e) Visiting area;
g) Other facilities as prescribed by the Law on Enforcement of Criminal Judgments.
2. Prison cells must be cool in the summer, windproof in the winter, and environmentally hygienic. The minimum sleeping area for each juvenile inmate is 2,5 m2.
3. Separate prisons, prison divisions, and areas for detention for juvenile inmates must have facilities for juveniles to participate in physical education, sports, cultural and artistic activities, listen to the radio, read books and newspapers, watch television, and other appropriate forms of entertainment.
4. The arrangement of separate detention for juvenile inmates shall follow the Law on Enforcement of Criminal Judgments.
5. Based on age, gender, health, educational level, nature of crime, and sentence level, prisons shall arrange juvenile inmates into teams or groups for study, work, and participate in activities and assign prison officers of the same gender to be directly in charge.
6. Based on actual conditions, the Minister of Public Security and the Minister of National Defense shall decide to organize separate prison, prison divisions, and areas for detention for juvenile inmates.
7. The Government shall detail Clauses 1, 2, 3, 4, and 5 of this Article.
Article 163. Medical care
1. Juvenile inmates shall receive medical care, including:
a) Psychological and mental health counseling;
b) Reproductive health care;
c) Other types of medical care as prescribed by the Law on Enforcement of Criminal Judgments.
2. Juvenile inmates shall receive a medical check-up upon arrival at the detention center and a general health check once a year.
3. The Government shall detail this Article.
Article 164. Cultural education, career education, vocational training, labor
1. Prisons are responsible for educating juvenile inmates about culture, law, providing career education, vocational training appropriate to their age, educational level, gender and health. Juvenile inmates are entitled to cultural education, career education, and vocational training according to regulations of the Government.
2. In cases where it is not possible to arrange teachers for cultural education according to regulations, prisons must cooperate with educational institutions to organize and link online classes for juvenile inmates. The opening of online classes must ensure safety, avoid discrimination, and influence juvenile inmates and other inmates.
3. Juvenile inmates are allowed to work in accordance with their age and health; do not have to do heavy or dangerous work or exposure to toxic substances; are ensured occupational safety and hygiene.
4. The Government shall detail this Article.
Article 165. Board and lodging, clothing, cultural and artistic activities, and entertainment
1. Juvenile inmates are guaranteed the same food ration standards as adult inmates and are given additional meat and fish, but not more than 20% of the ration.
2. In addition to receiving standard clothing and personal belongings as adult prisoners, each year juvenile inmates are provided with additional uniform clothing and other personal belongings according to applicable regulations.
3. Prisons are responsible for organizing physical education, sports, cultural and artistic activities, activities of listening to the radio, reading books and newspapers, watching television and other forms of entertainment suitable to the characteristics of juveniles.
4. Juvenile inmates are encouraged to develop their personal abilities, strengths and talents.
5. The Government shall detail this Article.
Article 166. Visits, correspondence
1. Juvenile inmates are allowed to meet their relatives no more than 4 times in 1 month, each meeting not exceeding 4 hours. Depend on the inmate's performance grade, the requirements for education and reform, and the achievements in work and study, juvenile inmates may have their meeting time extended but not exceeding 24 hours for 1 meeting.
2. Juvenile inmates are allowed to make domestic telephone calls and video calls, calls using electronic devices with their relatives no more than 4 times in 1 month; each call shall not exceed 15 minutes, except in urgent cases. The communication must be supervised by prison officers. The costs of communication specified in this clause shall be paid by the inmate.
3. The State encourages relatives of juvenile inmates to send books, school supplies, exercise, sports, and entertainment equipment to the inmates.
Article 167. Prison officers
Prison officers must be trained or educated in psychology and educational sciences of juveniles, or have participated in resolving cases involving juveniles.
Article 168. Commendation for juvenile inmates
1. While serving his/her prison sentence, a juvenile inmate who properly complies with prison internal regulations, makes achievements in study, work, or records merits, and shall be commended in one or more of the following forms:
a) Praise;
b) Award Certificate of Merit;
c) Reward in cash or in kind;
d) Increase of the number of domestic telephone calls and video calls, calls using electronic devices with relatives;
dd) Increase the number and duration of visits with relatives;
e) Increase the number of receipt and quantities of presents.
2. The Government shall detail this Article.
Article 169. Handling of violating juvenile inmates
1. Juvenile inmates who violate internal regulations of prisons or commit illegal acts shall, depending on the nature and severity of the violation, be subject to disciplinary action in accordance with the law on enforcement of criminal judgments. The measure of detention in a disciplinary cell shall not be applied to juvenile inmates.
2. The Government shall detail this Article.
Article 170. Transfer of inmates to other prisons, prison divisions, or detention areas to continue serving their sentences.
1. When the inmate reaches 18 years of age, he/she shall be transferred to a prison, prison division, or detention area for adults and shall be subject to the management, detention, and education for adults in accordance with the law on the enforcement of criminal judgments.
2. Juvenile inmates may be considered for transfer to another prison if it is deemed more effective for their education, rehabilitation, and reintegration into the community or when deemed necessary.
Article 171. Preparation of release of inmates
1. Two months before the juvenile inmate’s imprisonment expires, the prison must inform him/her, his/her representative, the criminal judgment enforcement agency of the district-level police, the commune-level People's Committee, the agency or organization agency or organization in which such person will return to reside and work, and inform the Ministry of Foreign Affairs in the case of a foreign juvenile inmate.
2. The notification includes: the date of release, the results of serving imprisonment and other relevant necessary information for consideration, arrangement and establishment of a normal life for that person.
3. If the release date of the juvenile inmate who has completed serving imprisonment is unknown, the prison shall notify the People's Committee of the commune where the prison is located to request assistance, arrangement of food, accommodation, and employment and study; if the commune-level People's Committee cannot arrange food and accommodation for them, the prison shall prepare a file to send them to a social protection facility in that local area.
4. For inmates under 16 years of age or sick inmates from 16 to under 18 years who have no relatives to pick them up on the day of release, the prison shall send someone to take them back to their family or the People's Committee of the commune where they reside.
5. The Government shall detail this Article.
Chapter X
COMMUNITY REINTEGRATION
Article 172. Preparation for community reintegration
1. Reformatories and prisons shall prepare for community reintegration for juveniles before they complete their educational measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole. Preparation for community reintegration includes:
a) Psychological counseling, support for legal procedures;
b) Career orientation, job seeking;
c) An amount of financial support set aside from the community integration fund of the reformatory, prison.
2. The State encourages agencies, organizations, units and individuals to enable and help juveniles who have completed serving education measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole to reintegrate into the community through the following measures:
a) Information, communication and education on community reintegration;
b) Vocational training and employment;
a) Psychological counseling, support for legal procedures;
d) Other types of assistance.
3. The Government shall detail this Article.
Article 173. Receipt, provision of assistance for juveniles reintegrating into the community
1. The President of the People's Committee of the commune where the juvenile resides shall organize and provide assistance to the juvenile reintegrating into the community. The duration of assistance shall be at least 06 months from the time of receiving the juvenile.
2. Assistance for community reintegration includes:
a) Appointing one or more of the following persons to assist the juvenile in community integration: social workers, commune-level social work collaborators, representatives of the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union or reputable persons in the community who have the conditions, ability and experience in educating and helping juveniles;
b) Inspecting, urging the implementation and mobilizing people in the residential area to closely cooperate with the family in helping the juvenile reintegrate into the community;
c) Providing necessary psychological assistance, support for legal procedures for the juvenile;
d) Enable the juvenile’s participation in education, labor, career orientation, vocational training, and life skill programs;
dd) Propagate, mobilize people, and implement other measures to eliminate prejudice, stigma, and discrimination against juveniles;
e) Encourage and enable agencies, organizations, educational institutions, vocational training institutions, enterprises, and individuals to receive and provide assistance in study, work, career orientation, vocational training, and job seeking for juveniles.
3. The Government shall detail this Article.
Article 174. Psychological assistance
1. Psychological assistance aims to support and assist juveniles who have completed serving education measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole to build confidence, determination, and will to reintegrate into the community and prevent negative behaviors and violations of the law.
2. Psychological assistance includes: counseling to eliminate inferiority complexes; training in life skills and community integration skills; improving the ability to self-solve difficulties and problems in social relationships and other types of assistance.
3. Psychological assistance shall be provided in the following forms:
a) Organizing private counseling, group counseling;
b) Providing information and documents based on the need for assistance;
c) Through talks, community activities, forums;
d) Consulting through social networks, websites, emails, telephones and other means of information and communication.
Article 175. Vocational training, employment
1. Juveniles who have completed serving education measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole are given priority in vocational training and loan support for employment in accordance with law.
2. Based on the needs of juveniles who have completed serving education measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole, and the reality of the labor market, the employment service center shall provide free job counseling and referrals for them; monitor and report their employment status as introduced by the center to the state management agency for employment services.
3. Enterprises, organizations and individuals are not allowed to discriminate or stigmatize when recruiting or employing employees who are juveniles from 15 years of age or older because they have previously been subjected to educational measures at reformatory or have been sentenced to imprisonment.
Article 176. Responsibilities of persons appointed to assist minors in community reintegration
1. Providing psychological assistance to juveniles.
2. Proposing appropriate assistance, intervention and protection measures for juveniles during the process of community reintegration in accordance with law.
3. Providing timely support for issues arising during the process of assisting juveniles.
4. Performing other tasks assigned by the President of the commune-level People's Committee.
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