Chương IV Nghị định 49/2020/NĐ-CP năm 2020 hướng dẫn Luật Thi hành án hình sự về tái hòa nhập cộng đồng: Trách nhiệm của các bộ, ủy ban nhân dân các cấp, cơ quan, tổ chức, cá nhân trong thực hiện các biện pháp bảo đảm tái hòa nhập cộng đồng

Chapter IV

RESPONSIBILITIES OF MINISTRIES, PEOPLE'S COMMITTEES, AGENCIES, ORGANIZATIONS AND INDIVIDUALS FOR IMPLEMENTING COMMUNITY RE­INTEGRATION MEASURES

Article 13. Responsibilities of the Ministry of Public Security

1. Assist the Government in supervising, directing and guiding the implementation of community re-integration measures.

2. Coordinate with related ministries and sectors in studying, formulating and promulgating specific regimes, policies and regulations on community re-integration measures.

3. Direct police offices at all levels to coordinate with the Fatherland Front Committees, the Labor, War Invalids and Social Affairs agencies and other related agencies and organizations in assisting the same-level People's Committees in implementing community re-integration measures.

4. Direct detention facilities to make necessary preparations for community re-integration of inmates as prescribed.

5. Examine, inspect, supervise, preliminarily and finally review and periodically or extraordinarily report upon request to the Government on the implementation of community re-integration measures.

Article 14. Responsibilities of the Ministry of Public Security

1. Direct prisons under the Ministry of National Defense and detention camps of military zones to make necessary preparations for community re-integration of inmates.

2. Direct the reception, employment of and payment of benefits to those who were soldiers, national defense workers before sentenced to prison so as to help them settle their lives and re-integrate into community.

3. Guide, examine, inspect, supervise and report to the Government on the situation and results of community re­integration measures.

Article 15. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. Cooperate with the Ministry of Public Security, the Ministry of National Defense in initiating counseling, career orientation, job placement, job hunting for inmates who are going to completely serve their prison sentences; provide guidelines for training and issuance of vocational training for inmates in detention facilities.

2. Direct and guide Labor War Invalids and Social Affairs agencies at all levels to coordinate with local functional agencies in organizing vocational training, counseling, job placement, vocational-training loans, and job creation for persons who have completely served their prison sentences; advise the People's Committee of province to consider deciding vocational training assistance policies, grant concessional loans to persons having completely served their prison sentences who suffer hardships and send persons having completely served their prison sentences but homeless to social protection establishments if they are so eligible.

Article 16. Responsibilities of the Ministry of Justice

1. Direct and guide the civil judgment execution agencies at different levels to compile dossiers to propose exemption from or reduction of civil judgment execution obligations for persons having completely served their prison sentences when conditions are fully met and settle complaints and denunciations about civil judgment execution according to law.

2. Direct the National Judicial Record Center and provincial-level Departments of Justice to actively update information on criminal record remission of persons having completely served their prison sentences and grant police (clearance) certificates upon requests as per the law.

3. Cooperate with the Ministry of Public Security and specialized agencies in studying, modifying and making better legislative documents, creating adequate legal bases to implement community re-integration in such an effective manner.

Article 17. Responsibilities of the Ministry of Information and Communications

Take charge and cooperate with specialized agencies in directing news agencies, central and local press agencies to implement communications and education on community re-integration as prescribed in Article 9 of this Decree.

Article 18. Responsibilities of the Ministry of Finance

Allocate state budget funds for the application of measures to assure community re-integration according to current state budget decentralization.

Article 19. Responsibilities of related ministries, agencies and organizations

Other ministries, agencies and organizations shall, within the ambit of their respective functions, assigned tasks and powers, direct and guide the coordination in the implementation of measures to assure community re-integration.

Article 20. Responsibilities of provincial-level People's Committees

1. Direct the implementation of community re-integration measures, prevention and control of recidivism and violation of law.

2. Formulate programs and plans and assign specific tasks to administrations at different levels, sectors, agencies and organizations for implementing community re­integration measures.

3. Direct district-level People's Committees and related agencies and organizations to guide, direct and urge the reception, management, education and assistance of persons who have completely served their prison sentences in localities; admit persons having completely served their prison sentences but homeless to social protection establishments if they are so eligible.

4. Decide the establishment of social funds and charity funds proposed by agencies, organizations, enterprises, units and individuals to support and assist persons who have completely served their prison sentences in job learning, production organization, job seeking and life stabilization.

5. Allocate budgets according to the State Budget Law for implementation of community re­integration measures; decide vocational training policies, grant concessional loans to persons having completely served their prison sentences for job seeking and encourage entities to enable persons having completely served their prison sentences in joining vocational training, seeking jobs, stabilizing their lives and integrating into community.

Article 21. Responsibilities of district-level People's Committees

1. Implement community re­integration measures; encourage entities to enable persons having completely served their prison sentences in joining vocational training, seeking jobs, and stabilizing their lives.

2. Direct the commune-level People's Committees, agencies, unions, social organizations in the implementation of the reception, management, education and assistance of persons who have completely served their prison sentences and return to reside in localities.

3. Conduct vocational training, job creation to assist persons who have completely served their prison sentences in community re-integration and adopt other assistance polices as per the law.

Article 22. Responsibilities of commune-level People's Committees

1. Adopt community re-integration measures for persons having completely served their prison sentences who return to reside in localities.

2. Assign organizations and individuals to undertake the management, education and assistance of persons who have completely served their prison sentences; to inspect and urge the implementation and mobilize people in population quarters to closely coordinate with families in managing, educating and assisting persons who have completely served their prison sentences.

3. Mobilize and create favorable conditions for enterprises, production and business establishments, organizations and individuals to employ persons who have completely served their prison sentences.

4. Provide psychological assistance, legal formality assistance and request the competent court to consider expunging criminal convictions in special case of persons having completely served their prison sentences who has made excellent progress and has made merits as per the law; request the competent authority to consider shortening probation period; exempt serving the additional penalty for the remaining period; reduce or cancel civil judgment execution obligation imposed on persons having completely served their prison sentences when adequate conditions are met as per the law; accord priority to persons having completely served their prison sentences to participate in public employment policy; apply support, intervention and protection measures to children having completely served their prison sentences; adopt policies applied to persons having completely served their prison sentences eligible for social protection beneficiaries.

Article 23. Responsibilities of provincial-level Police Departments

1. Advise the President of provincial-level People's Committees on implementation of community re-integration measures for persons who have completely served their prison sentences.

2. Work out plans for, and direct, guide district-level police offices in the reception. management, education and assistance of persons who have completely served their prison sentences, create conditions for them to exercise their civil rights and fulfill other civil duties under law.

3. Assume the prime responsibility for, and coordinate with various committees, sectors, mass organizations and social organizations in, assisting persons who have completely served their prison sentences in overcoming difficulties and stabilizing their lives.

4. Direct criminal judgment execution agencies of local police forces to periodically or upon request summarize data and assess the results of reception, management, education and assistance of persons who have completely served their prison sentences in community re­integration; send reports to the Ministry of Public Security and same-level People's Committee.

Article 24. Responsibilities of district-level police offices

1. Advise the People’s Committee of district to adopt community re-integration measures for persons having completely served their prison sentences who return to reside in localities.

2. Coordinate with agencies, organizations and functional units in assisting the commune-level People's Committees in organizing the management, supervision, education and assistance of persons who have completely served their prison sentences to re-integrate into community.

3. Coordinate with agencies, committees, mass organizations and social organizations in mobilizing enterprises, production and business organizations as well as individuals to provide financial supports and recommend jobs for persons who have completely served their prison sentences.

4. Direct the criminal judgment execution agencies of the district-level police offices to consider shortening probation period; exempt serving of additional penalty for remaining period; reduce or cancel civil judgment execution obligation imposed by persons having completely served their prison sentences when adequate conditions are met as per the law; summarize periodically or upon request data, reasons and results of reception, management, supervision, education and assistance of persons who have completely served their prison sentences in their community re-integration, and report them to provincial-level Police Departments and same-level People's Committees.

Article 25. Responsibilities of commune-level police offices

1. Advise the People’s Committee of commune to adopt community re-integration measures for persons having completely served their prison sentences who return to reside in localities.

2. Actively inquire into the situation, conditions, circumstances, feelings and legitimate aspirations of persons who have completely served their commune-level in order to advise and propose the commune-level People's Committees to assist them in solving their difficulties and stabilizing their lives.

3. Compile dossiers on management and education of persons who have completely served their prison sentences; to coordinate with the Fatherland Front Committees, organizations and social organizations in advising the chairpersons of commune-level People's Committees on assigning organizations and individuals to directly manage, educate and assist persons who have completely served their prison sentences.

4. Guide and assist persons who have completely served their prison sentences in carrying out procedures for registration of civil status affairs, issuance of citizen cards and police (clearance) certificates, application for criminal record expungement; take initiative in reporting the People’s Committee of commune to request the competent court to consider expunging criminal convictions of persons having completely served their prison sentences in special case as per the law.

5. Maintain security and order, to assist and create conditions for establishments, organizations and individuals to participate in the education, vocational guidance, vocational training, job creation and employment of persons who have completely served their prison sentences.

6. Promptly consider and propose the chairpersons of commune-level People's Committees to issue decisions to apply intervention and protection measures for children having completely served their prison sentences; the measure of education at commune, ward or township to and handle according to law persons who have completely served their prison sentences when they commit recidivism or violations of law or obligations.

7. Make periodical or extraordinary review reports on the community re-integration situation and results and propose matters related to the management, education and assistance of persons who have completely served their prison sentences.

Article 26. Agencies, organizations, and individuals involved in education and assistance of persons having completely served their prison sentences

1. Take initiate in grasping situation, advantages and difficulties of persons having completely served their prison sentences so as to cooperate with local administrations and relevant entities in agreeing on education and assistance measures for persons having completely served their prison sentences to work out their own plan to re-integrate into community; job seeking and life stability.

2. Encourage and warn persons having completely served their prison sentences to comply with policies and law of the state, regulations of local administrations; fulfill their commitments and obligations, work, study and join social activities in an active manner; discover and report police authority, the People’s Committee of commune and specialized agency, in a timely manner, signs and acts of violation committed by persons having completely served their prison sentences for further appropriate measures.