Nghị định 09/2023/NĐ-CP hướng dẫn Nghị quyết 54/2022/QH15 thí điểm mô hình tổ chức hoạt động lao động, hướng nghiệp, dạy nghề cho phạm nhân ngoài trại giam

DECREE

SPECIFYING IMPLEMENTATION OF THE NATIONAL ASSEMBLY’S RESOLUTION NO. 54/2022/QH15 DATED JUNE 16, 2022 REGARDING PILOTING OF THE MODEL OF ORGANIZATION OF LABOR, CAREER ORIENTATION AND VOCATIONAL TRAINING ACTIVITIES FOR INMATES OUTSIDE THE PRISON

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments and Supplements to certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Enforcement of Criminal Judgements dated June 14, 2019;

Pursuant to the Resolution No. 54/2022/QH15 dated June 16, 2022 of the National Assembly regarding the piloting of the model of organization of labor, career orientation and vocational training activities for inmates outside the prison;

Upon the request of the Minister of Public Security,

The Government promulgates the Decree that specifies implementation of the National Assembly’s Resolution No. 54/2022/QH15 dated June 16, 2022 regarding the piloting of the model of organization of labor, career orientation and vocational training activities for inmates outside the prison.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree sets forth detailed regulations on implementation of the National Assembly’s Resolution No. 54/2022/QH15 dated June 16, 2022 regarding the piloting of the model of organization of labor, career orientation and vocational training activities for inmates outside the prison, including:

1. Criteria for selection of prisons for pilot implementation.

2. Criteria for selection of organizations cooperating with prisons on labor, career orientation and vocational training activities for inmates that are held outside the prison.

3. Order and procedures for establishment, appraisal and approval of organization of labor, career orientation and training activities, and establishment of labor, career orientation and vocational training facilities for inmates outside the prison.

4. Methods and criteria for nomination of inmates having access to labor, career orientation and vocational training activities outside the prison.

5. Benefits and incentive policies granted to inmates participating in labor, career orientation and vocational training activities outside the prison.

6. Responsibilities of involved bodies.

Article 2. Subjects of application

1. The agency for management of criminal judgment execution under the Ministry of Public Security, and prisons under the Ministry of Public Security that are accepted as objects of piloting; officers and soldiers of the agency for management of criminal judgment execution under the Ministry of Public Security and prisons that are accepted as objects of piloting; People's Procuracies of the provinces where the prisons accepted as objects of piloting are located; People's Committees of the districts and communes where facilities for labor, career orientation and vocational training activities outside the prison are located; organizations cooperating with prisons.

2. Inmates serving jail sentences at prisons under the Ministry of Public Security that are accepted as objects of piloting.

3. Other bodies and entities concerned.

Chapter II

ORGANIZATION OF THE PILOTING OF THE MODEL OF LABOR, CAREER ORIENTATION AND VOCATIONAL TRAINING ACTIVITIES FOR INMATES OUTSIDE THE PRISON

Article 3. Selection of prisons for piloting

1. Prisons eligible for piloting must meet the following criteria:

a) Have difficulty regarding the facilities in organizing labor, career orientation, and vocational training in service of community reintegration for inmates in prisons.

b) There is a need for jobs, the ability to manage and arrange cadres, soldiers, and the number of inmates needed to cooperate with domestic organizations to organize labor, career orientation, and vocational training for inmates.

c) Ensure security and safety when organizing pilot implementation.

2. Based on the criteria specified in clause 1 of this Article, the Ministry of Public Security shall issue the list of prisons eligible for piloting.

Article 4. Criteria for selection of organizations cooperating with prisons on labor, career orientation and vocational training activities for inmates that are held outside the prison

Organizations cooperating with prisons on labor, career orientation and vocational training activities for inmates that are held outside the prison shall ensure conformance to the following conditions:

1. Not being owned by foreign individuals or organizations; not a joint venture with, associated with, or having foreign investment capital.

2. Having an enterprise registration certificate issued and issued by a competent state agency; a business license for the professions of labor cooperation is conditional.

3. Having documents proving the lawful ownership and use rights to land and land-attached assets to organize labor, career orientation, and vocational training activities.

4. The location of the labor, career orientation, and vocational training facilities for inmates outside the prison must be in an area with a stable security and order situation; Having a distance of no more than 50km from the nearest station in the prison to facilitate the management, inspection, supervision, and timely handling of unexpected and unexpected situations that may occur; being surrounded by walls and fences, separate from residential areas.

5. Organizations capable of performing labor, career orientation, and vocational training activities for a group or team of inmates or more; ensure conditions for incarceration management, inmate education, medical care, culture, art, physical training, and sports for inmates; Having occupations permitted by law for production and business that are not on the list of heavy, hazardous, and dangerous occupations and jobs of level V or higher according to Circular 11/2020/TT-BLDTBXH dated November 12, 2020 of the Ministry of Labor, War Invalids and Social Affairs regarding introduction of the List of heavy, hazardous, and dangerous occupations and jobs; extremely heavy, hazardous, and dangerous occupations and jobs. In the case of being on the list of remaining jobs and occupations under permissible conditions, the organization must commit to safe operations for inmates.

Article 5. Order and procedures for establishment, appraisal and approval of organization of labor, career orientation and training activities, and establishment of labor, career orientation and vocational training facilities for inmates outside the prison

1. Requesting conclusion of contracts for cooperation in organizing labor, career orientation and vocational training activities for inmates outside the prison

The organization wishing to cooperate send a written application for cooperation on piloting labor, career orientation and vocational training activities for inmates that are held outside the prison, including the following information: Requesting organization’s name; business identification number or tax identification number; business registration certificate; name of the representative, job title; main business lines, intended occupations; area and location of premises to be used for these activities; estimated number of inmates participating by specific occupations and intended occupations; cooperation duration. Notarized copies of related documents and competency dossiers (if any) may be attached.

2. Order of formulation and appraisal of the application for approval of the policy for cooperation in organizing labor, career orientation and vocational training activities for inmates outside the prison:

a) Within 07 working days from receipt of the organization's written request for cooperation, based on the actual situation and needs of the unit, the prison shall organize a survey of the proposed location of organization of labor, career orientation and vocational training activities; make the survey report including the following contents: location; land area; factory area; intended occupation; demand for the use of laborers; traffic access; distance to the nearest station of the prison; characteristics of residential area in the area and adjacent residential areas. The prison holds a meeting to consider preconditions for organization of labor, career orientation and vocational training activities for inmates that are held outside the prison, and sends a written response.

In case of agreeing to cooperate, the prison and the requesting organization shall develop a cooperation plan and sign an agreement in principle on cooperation in organizing labor, career orientation and vocational training activities outside the prison by completing Form 01-TT. Simultaneously, the prison completes Form 02-TTr and send the completed form attached to the application package, including: Cooperation plan; agreement in principles of cooperation; competency dossier of the organization requesting cooperation; survey report; explanation about investment project, plan for organization of labor, career orientation and vocational training and other relevant documents, and report to the agency for management of criminal judgment execution under the Ministry of Public Security for approval of the policy on cooperation with the organization to organize labor, career orientation and vocational training activities for inmates outside the prison.

b) Within 07 working days from the date of receipt of the valid dossier from the prison, the agency for management of criminal judgment execution under the Ministry of Public Security shall appraise and approve the policy, and notify the prison for implementation. In case of refusal, the agency for management of criminal judgment execution under the Ministry of Public Security sends a written notice to the prison, clearly stating the reasons for such refusal.

c) After receiving the written consent on the cooperation policy from the agency for management of criminal judgment execution under the Ministry of Public Security, the prison notifies the requesting organization in order to cooperate with the prison in formulating a dossier for construction design of a labor, career orientation and vocational training facility outside the prison according to point c of clause 5 of Article 6 in the Government's Decree No. 133/2020/ND-CP dated November 9, 2020, elaborating on the implementation of a number of articles of the Law on Execution of Criminal Judgments, and proceed to build facilities according to regulations.

3. Establishment of labor, career orientation and vocational training facilities outside the prison:

a) After completing all construction works according to relevant laws and regulations and conditions for detention and organization of labor, career orientation and vocational training activities, the prison shall be responsible for cooperating with the organization cooperating with the prison on making the report on of acceptance testing of completed works.

b) The prison shall complete the application package for submission to the agency for management of criminal judgement execution under the Ministry of Public Security for establishment of the labor, career orientation and vocational training facility outside the prison, including: Application form 03-TTr; written approval of the cooperation policy; design dossier of the labor, career orientation and vocational training facility outside the prison; the report on acceptance testing of completed project.

c) Within 20 working days after receipt of that application package, the agency for management of criminal judgment execution under the Ministry of Public Security shall check, verify, approve the submitted one, and issue the Decision on establishment of the labor, career orientation and vocational training facility outside the prison. After completing the inspection and verification procedures, the agency for management of criminal judgement execution under the Ministry of Public Security disapproves establishment of the labor, career orientation and vocational training facility outside the prison due to lack of the required construction works, the agency for management of criminal judgment execution under the Ministry of Public Security provides guidance on cooperation with the prison on continuing to modify the application package and complete the construction works in question, and then re-submit the application package to the agency for management of criminal judgment execution to seek its approval.

4. Organization of labor, career orientation and vocational training activities for inmates outside the prison

a) Upon receipt of the decision on establishment of a labor, career orientation and vocational training facility outside the prison from the agency for management of criminal judgment execution under the Ministry of Public Security, the prison shall sign a cooperation contract with the requesting organization according to Form 04-HD, assign and appoint the number of cadres, soldiers and inmates to get involved in organizing labor, career orientation and vocational training activities for inmates. Concurrently, sending a notice to the People's Procuracy of the province where the prison accepted as the object of piloting is located and the People's Committee of the district and commune where the labor, career orientation and vocational training facility outside the prison is located for supervision and cooperation purposes when required.

b) The prison superintendent shall, based on the specific conditions of the prison and the ability to cooperate with the requesting organization, make a plan to organize labor, career orientation and vocational training activities for inmates outside the prison, and incorporate it into the annual plan for labor, career orientation and vocational training activities for inmates, and send the final plan to the agency for management of criminal judgment execution under the Ministry of Public Security for its appraisal and approval according to the provisions of clause 3 of Article 16 in the Decree No. 133/2020/ND-CP.

Article 6. Methods and criteria for nomination of inmates for participation in labor, career orientation and vocational training activities outside the prison

1. Methods for nomination of inmates:

The prison informs eligibility conditions and standards specified in clause 2 of this Article so that inmates wishing to participate in the labor, career orientation and vocational training activities outside the prison. The prison superintendent instructs relevant departments to cooperate and nominate eligible inmates in accordance with regulations.

2. Those inmates that are not covered in point a through point m of clause 4 of Article 1 in the Resolution No. 54/2022/QH15 may be allowed to go to labor, career orientation and vocational training facilities outside the prison when the following requirements are satisfied:

a) Have clear residence.

b) Strictly comply with the prison’s internal rules, and make progress in prison.

c) Inmates serve the sentence of more than 15 years or life sentence when committing the crime for the first time, have had the term of prison sentence reduced and the remaining serving time which is 7 years or less, and are graded "Fair" or "Good" during at least 12 years of imprisonment preceding the time of consideration.

d) Inmates serve the sentence of 15 years or less for their first crime and meet the following conditions: Inmates with a prison sentence of more than 7 years to 15 years need to serve 1/3 of the sentence and their remaining serving time of sentence is 7 years or less; have had their prison term reduced, are graded "Fair" or "Good" during at least 9 years of imprisonment preceding the time of consideration; inmates serving the sentence of more than 3 years to 7 years are graded "Fair" or "Good" during at least 6 months preceding the time of consideration; inmates serving the sentence of 3 years or less are graded "Fair" or "Good" during at least 3 months preceding the time of consideration.

dd) For inmates with a history of drug addiction, it is necessary to consider their cases carefully and critically in order to only select those who no longer show drug dependence to be sent to labor, career orientation and vocational training facilities outside the prison.

Article 7. Benefits and incentive policies granted to inmates participating in labor, career orientation and vocational training activities outside the prison

1. Inmates who work or train outside prisons can have their rights and obligations assured, and are paid according to the provisions of the Law on Criminal Judgment Execution and detailed documents providing instructions about execution.

2. At least one month before the date the inmate completes his/her prison sentence or before the execution of a decision on amnesty or a decision on conditional prison release, the inmate shall be brought back to the prison to serve the preparation work for reintegration into the community according to regulations.

3. In case an inmate violates the law or the internal regulations of the inmate detention facility or violates the regulations on occupational safety and hygiene, disease prevention, and fire and explosion prevention to the extent that they need to be disciplined, they will be sent back to the prison for sanctions to be imposed according to regulations.

Chapter III

RESPONSIBILITIES OF ENTITIES FOR THE PILOTING OF THE MODEL OF LABOR, CAREER ORIENTATION AND VOCATIONAL TRAINING ACTIVITIES FOR INMATES OUTSIDE THE PRISON

Article 8: Responsibilities of the Ministry of Public Security

1. Direct and inspect the organization of labor, career orientation and vocational training activities for inmates outside the prison.

2. Be accountable to the Government for implementation of the Resolution No. 54/2022/QH15 and this Decree. Annually report to the Government on piloting results; advise the Government to develop a preliminary report on the 3-year implementation of the Resolution No. 54/2022/QH15 for submission to the National Assembly at the regular meeting at the end of 2025, to develop a final report on the implementation of the Resolution No. 54/2022/ QH15 and the proposal to improve laws on criminal judgment execution for reporting to the National Assembly at its mid-2027 regular session.

Article 9. Responsibilities of the agency for management of criminal judgement execution under the Ministry of Public Security

The agency for management of criminal judgment execution under the Ministry of Public Security shall, according to its functions, tasks and powers, organize the implementation, inspection, guidance and supervision of prisons during the period of piloting of labor, career orientation, vocational training activities outside the prison in accordance with law.

Article 10. Responsibilities of prisons

1. Cooperate with the organization cooperating with the prison in formulating a plan, completing the application for approval of the cooperation policy, and submitting it to the agency for management of criminal judgment execution under the Ministry of Public Security for approval.

2. Prepare the application package for establishment of the labor, career orientation and vocational training facility outside the prison for submission to the agency for management of criminal judgement execution under the Ministry of Public Security for its consideration, review and approval.

3. Sign a cooperation contract with the organization to organize labor, career orientation and vocational training activities for inmates according to the approved plan.

4. Designate and assign experienced officers and soldiers suitable to the characteristics and requirements of performing tasks at the labor, career orientation and vocational training facility outside the prison; For areas with female inmates, female officers must be assigned.

5. Directly organize the management of incarceration, education and re-education of inmates, ensuring security and safety in labor, career orientation and vocational training facilities for inmates according to the provisions of the Law on Criminal Judgment Execution.

6. Notify the People's Procuracies of the provinces where the prisons accepted as the object of piloting are located and the People's Committees of the districts and communes where the labor, career orientation and vocational training facilities outside the prison are located for supervision, inspection and cooperation purposes when required.

7. Open an accounting book system to monitor and record income and expenditure from labor, career orientation and vocational training activities for inmates outside the prison; pay in, manage and use the received funds according to regulations of the Decree No. 133/2020/ND-CP and other relevant legal regulations.

8. Take responsibility for complying with the provisions of the Law on Execution of Criminal Judgments, the Law on Occupational Safety and Health and other relevant provisions of laws in case of any threats to security or safety arising in the labor, career orientation and vocational training facilities for inmates outside the prison.

Article 11. Responsibilities of cooperating organizations

1. Invest in building physical facilities needed for incarceration management, re-education, labor, career orientation and vocational training for inmates; facilities needed for officers and soldiers and handed over to the prisons for their management.

2. Cooperate with prisons in provision of vocational training and instructions; work placement; guarantee of occupational conditions, occupational safety, and environment health requirements for inmates participating in labor, career orientation and vocational training activities in accordance with laws; incur obligations to pay prisons wages of inmates, pay expenses related to the process of organization of these activities during the cooperation period in accordance with the signed contracts.

3. Enable relevant agencies and units to properly perform the functions of inspecting and supervising the execution of prison sentences by inmates in accordance with law.

Article 12. Responsibilities of involved bodies and agencies

1. The Ministry of Finance shall be responsible for directing tax authorities to grant the organizations cooperating with prisons corporate income tax exemption for incomes earned from labor, career orientation and vocational training activities for inmates outside the prison during the piloting period.

2. Ministries, ministerial-level agencies and relevant organizations shall, within the scope of their responsibilities and powers, coordinate with the Ministry of Public Security in directing and guiding the organization of labor, vocational guidance and vocational training outside the camp. prison; implement regimes and policies for inmates and ensure security and safety in accordance with the Law on Criminal Judgment Execution.

3. People's Committees of districts and communes where labor, career orientation and vocational training facilities for inmates are located shall cooperate with prisons in maintaining security and order in the areas surrounding labor, career orientation and vocational training facilities; preventing and remedying incidents related to natural disasters, epidemics, environmental sanitation, fire and explosion safety; cooperate in sanctioning cases of law violations related to inmates; cooperate in dealing with the occurrence of occupational accidents or cases of violations of the internal rules of prisons committed by inmates within their jurisdiction.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13. Entry in force

This Decree is entering into force as from March 13, 2023 till the Resolution No. 54/2022/QH15 is annulled.

Article 14. Implementation responsibilities

Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of centrally-affiliated cities and provinces, and other entities concerned, shall be responsible for implementing this Decree./.