Chương I Nghị định 49/2020/NĐ-CP năm 2020 hướng dẫn Luật Thi hành án hình sự về tái hòa nhập cộng đồng: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree further specifies measures to make necessary preparations for community re-integration of inmates; measures to assure community re-integration for persons who have completely served their prison sentences (hereinafter referred to as community re-integration measures); responsibilities of Ministries, People’s Committees and agencies, organizations, and individuals related to implementation of community re-integration measures.

Article 2. Regulated entities

This Decree applies to inmates who are going to completely serve their prison sentences, inmates who are granted amnesty, inmates who are conditionally released from prison at detention facilities (hereinafter referred to as inmates); Vietnamese, foreigners and non-residents in Vietnam who are pardon recipients, are conditionally released from prison, or completely served prison sentence and come back to the community (hereinafter referred to as persons having completely served their prison sentences); organizations and individuals involved in community re­integration measures.

Article 3. Principles of assurance of community re-integration

1. Compliance with the provisions of this Decree and other relevant provisions of law; assurance of the involvement of agencies, organizations, and individuals and families in implementation of community re-integration measures.

2. Creation of favorable conditions for persons having completely served their prison sentences to re-integrate themselves into the community and stabilize their lives, and prevention of recidivism and violations of law.

3. Acts of disparagement and discrimination against or infringement of the rights and legitimate interests of inmates and persons having completely served their prison sentences are strictly prohibited.

Article 4. Funds for implementation of community re-integration

1. Funds for implementation of community re-integration measures shall be included in the annual budget estimate of current expenditures of units under current state budget decentralization.

2. Community re-integration funds of prisons are established as provided in Article 34 of the Law on Execution of Criminal Judgments 2019 to provide assistance for inmates when they completely served their prison sentences and re-integrate into community. The state encourages entities to establish funds in compliance with law to facilitate community re-integration and help persons having completely served their prison sentences with loans for vocational training, job creation and stability of their lives.

3. Agencies, organizations and individuals directly implementing community re­integration measures may receive money, foreign currencies, articles, valuable papers, and other property rights voluntarily contributed by agencies, organizations and individuals at home and abroad for use under law for the community re-integration:

a) Monetary contribution: Recipients of money shall set up accounting books to keep track of the contributed amounts; if the contribution is in form of foreign currency, diamond, precious stones, precious metal or other valuable articles, it must be sold to a commercial bank or auction house; the amount earned shall be transferred to the account of the eligible beneficiary thereafter;

b) Contribution in kind: Recipients of contribution in kind shall perform certain procedures to take handover, prepare premises and warehousing to ensure that the contribution is adequately secured for use;

c) Non-material contribution: Entities shall receive, manage and use in compliance with the laws and regulations on intellectual property and applicable law;

d) The use of voluntary contributions and other legitimate sources (if any) in community re-integration activities shall be priorly specified in a plan, which clarifies purposes, beneficiaries; implementation, time for performance; quality and detailed budget estimates in line with applicable finance standards and norms.