Chương II Nghị định 49/2020/NĐ-CP năm 2020 hướng dẫn Luật Thi hành án hình sự về tái hòa nhập cộng đồng: Các biện pháp chuẩn bị tái hòa nhập cộng đồng cho phạm nhân

Chapter II

PREPARATIONS FOR COMMUNITY RE-INTEGRATION OF INMATES

Article 5. Psychological counseling, legal formality assistance for inmates

1. Two months before an inmate completely serves their prison sentence or after an approval for amnesty or conditional parole is granted by the competent authority, the detention facility shall provide psychological counseling and legal formality assistance for the mentioned inmate.

2. Psychological counseling aims to provide inmates with knowledge, orientate and raise their ability to solve their personal difficulties and problems by themselves during their community re-integration. Counseling contents include:

a) Counseling on affection, marriage, family, health; prevention and fight against drugs, HIV/AIDS and debauchery;

b) Counseling on eliminating inferiority complex; build up the will, belief, and ability to cope with and solve problems arising in the process of community reintegration;

c) Counseling on labor, jobs, utilization of vocation training, social insurance, and other relevant matters.

3. Methods of psychological counseling for inmates:

a) Detention facilities shall have prisoners register their need for counseling by ballots stating matters which they need to be consulted or actively detect problems that inmates need to be consulted, thereby assign experienced and specialized officers to counsel the inmates in person. For the same matter, either individual counseling or group counseling is allowed;

b) Individual counseling shall be conducted in counseling rooms furnished with desks, chairs and other equipment necessary for the counseling.

4. Inmates who are going to completely serve their prison sentences shall be provided with legal formality assistance such as: Registration of residence; registration of civil status affairs; issuance of citizen identification cards; application for loans, registration of business, conclusion of labor contracts and other administrative procedures as per the law.

5. Detention facilities may invite officers from justice or education and training sectors, from Lawyers' Association, Youth's Union, universities, and centers for HIV/AIDS prevention, employment service centers, businesses or other specialized agencies to consult and support legal formality assistance for inmates. Those who work for regulatory agencies or social organizations and come to provide counseling or legal formality assistance for inmates must obtain a letter of recommendation made by their employers and be agreed so by the superintendent, detention center, or the head of criminal enforcement agency of district-level police office.

Article 6. Vocational orientation, raising of job-seeking ability for inmates

1. Detention facilities shall examine and appraise the capability, need, conditions, and circumstances of each inmate in order to guide them work out their own community re-integration plan; cooperate with employment service centers to provide labor market information, counseling, career orientation and job placement for inmates.

2. Based on inmates’ abilities and need, labor market and practical conditions, three months before the inmate has completely served their prison sentence, the detention facility shall plan and coordinate with specialized agencies to provide vocational training and advanced training program and issuance of vocational certificates for inmates.

3. Minor inmates shall be given priority to learn jobs and raise their job skills to facilitate their community re-integration.

4. The Ministry of Public Security shall take charge and cooperate with the Ministry of Labor, War Invalids and Social Affairs in directing and guiding vocational training for inmates who are going to completely serve their prison sentences and contact enterprises and production establishments to employ them.

Article 7. Grants from community re-integration funds of prisons

1. An inmate who has completely served their prison sentence, is granted amnesty, or is on conditional parole shall be, before coming back their place of residence, awarded a grant from the community re-integration fund of the prison.

2. Depending on the sources of the community re-integration fund, the superintendent shall decide the amount of grant in conformity with conditions and circumstances of every inmate.

Article 8. Notification of inmates' completion of their prison sentences

1. Two months before inmates completely serve their prison sentences, detention facilities shall notify the inmates' completion of their prison sentences to the district-level criminal judgment execution agencies, the commune-level People's Committees or agencies or organizations where the inmates return to reside or work as provided in Clause 1 Article 46 of the Law on Execution of Criminal Judgments 2019.

2. In a case where an inmate, after he/she completely serves his/her prison sentence, is homeless or his/her residence is unidentifiable and is eligible for being cared in social protection establishment, the detention facility shall request the People’s Committee of commune and the labor, war invalid and social affairs agency in locality where the inmate has served the sentence to cooperate in admission of the inmate to the local social protection establishment promptly after he/she completely serves his/her prison sentence.

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