Chương III Nghị định 09/2023/NĐ-CP: Trách nhiệm của cơ quan, tổ chức trong thí điểm mô hình tổ chức hoạt động lao động, hướng nghiệp, dạy nghề cho phạm nhân ngoài trại giam

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.