Labor, Study, Vocational Training and Information Regime of Prisoners

Military hospitals build or arrange a number of private rooms in treatment facilities to treat prisoners.

For prisoners suspected of suffering from mental illness or another disease that causes loss of awareness or control of their behavior, the prison, detention camp, or criminal enforcement agency of the provincial-level Public Security shall request the provincial-level People's Court or the military court of the military region where the prisoner is serving his or her sentence to request a forensic psychiatric examination. When the examination concludes that the person suffers from mental illness or another disease that causes loss of awareness or control of his or her behavior, the Chief Justice of the provincial-level People's Court or the Chief Justice of the military court of the military region where the prisoner is serving his or her sentence shall issue a decision to send the person to a specialized medical facility for compulsory medical treatment. The period of compulsory medical treatment shall be counted towards the term of imprisonment. Drug-addicted prisoners shall be given drug rehabilitation by the prison.

Expenses for medical examination and treatment, drug rehabilitation, and construction and arrangement of treatment rooms for prisoners at state-funded medical facilities. Diet, medicine, and nutrition are prescribed by medical facilities based on the illness and severity of the illness. Daily medical expenses for prisoners are equivalent to 2 kg of rice/person/month. Prisoners infected with HIV/AIDS are cared for and treated according to current laws.

1.3.3. Labor, study, vocational training and information regimes of prisoners

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1.3.3.1. On the labor regime of prisoners

According to the provisions of Article 29 of the Law on Enforcement of Criminal Judgments and Article 4 of Joint Circular No. 12/2013/TTLT-BCA-BQP-BTC dated December 2, 2013 of the Ministry of Public Security, Ministry of National Defense, and Ministry of Finance guiding on labor regime and use of results

Regarding labor and vocational training of prisoners in prison, the labor regime for prisoners is regulated as follows:

During the time of serving a prison sentence in prison, prisoners are obliged to work to reform and become useful citizens to society. Prison wardens are responsible for arranging work for prisoners in accordance with the age, health, gender, sentence, nature and severity of each prisoner's crime and meeting the requirements of prisoner management and education.

The working time of prisoners in a day shall not exceed 08 hours. In case of heavy and toxic work as listed by law, the working time in a day shall not exceed 06 hours; prisoners are arranged to study on Saturday and have Sundays, holidays and Tet off according to the provisions of law. In case of emergency or seasonal requirements, the prison warden may request prisoners to work overtime but not more than 02 hours in 01 day; prisoners who work overtime or on Saturdays and Sundays shall be given compensatory time off or compensation in cash or kind.

Do not assign heavy or hazardous work according to the list prescribed by law to the following cases: male prisoners aged 60 or older; juvenile prisoners; female prisoners; prisoners determined by the prison's medical staff to be unfit (ill or physically or mentally handicapped) for heavy or hazardous work.

Prisoners in one of the following cases are entitled to leave from work: Pregnant female prisoners are entitled to leave from work before and after giving birth according to the provisions of the law on labor; prisoners who are sick and not healthy enough to work and are confirmed by the prison's medical staff; prisoners who are being treated at a medical station, infirmary or hospital; prisoners with children under 36 months old who are living with their mother in prison and are sick and are confirmed by the prison's medical staff.

1.3.3.2. On the study, vocational training and information regime of prisoners

According to Article 28 of the Law on the Execution of Criminal Judgments and Joint Circular No. 02/2012/TTLT-BCA-BQP-BTC, prisoners must study law, civic education, and be educated in culture and vocational training. Illiterate prisoners must study culture to eliminate illiteracy. Foreign prisoners are encouraged to learn Vietnamese. Prisoners are assigned Saturdays to study and learn vocational training and are given Sundays, holidays, and Tet off according to the law.

Based on the requirements for managing and educating prisoners and the term of serving sentences, prisons, temporary detention camps, and criminal enforcement agencies of district-level police organize teaching for prisoners according to the programs and contents prescribed by the Ministry of Education and Training, the Ministry of Justice, the Ministry of Public Security, and the Ministry of National Defense. The teaching of culture, legal education, and civic education for prisoners who are deaf, blind, mentally disabled, or who are frequently ill shall be decided by the wardens of prisons, temporary detention camps, and the heads of criminal enforcement agencies of district-level police for each specific case. For prisoners who are foreigners, prisons and temporary detention camps organize legal education and civic education with contents, methods, and forms appropriate to the subjects.

Regarding the organization of dissemination of information, current events, policies and laws of the State, prisons, detention camps, criminal enforcement agencies of the district-level police directly organize the dissemination of current events and policies to prisoners; organize for prisoners to watch current events programs of Vietnam Television, local television stations, watch videos or internal cable television, read Nhan Dan newspaper at appropriate times. The dissemination of current events and policies to prisoners is organized periodically every month or upon request.

1.3.4. Prisoners' regime of meeting relatives, receiving gifts and contacting

1.3.4.1. Regime for prisoners to meet relatives and receive gifts

According to the provisions of Article 46 of the Law on Enforcement of Criminal Judgments and Circular No. 46/2011/TTBCA dated June 30, 2011 of the Minister of Public Security regulating prisoners' meeting with relatives; receiving and sending letters; receiving money, gifts and making phone calls with relatives, prisoners' meeting with relatives and receiving gifts are carried out as follows:

For prisoners who are Vietnamese citizens

Prisoners are allowed to meet their relatives once a month (except in cases of violating the regulations of the prison, temporary detention camp, or temporary detention house; being detained in a disciplinary cell), each meeting shall not exceed one (01) hour, in special cases the time may be extended but shall not exceed three (03) hours. Prisoners who are commended shall be allowed to meet their relatives once more in a month. Prisoners who strictly comply with the regulations and rules of the prison or who have made meritorious contributions shall be allowed to meet their spouses in a private room in the visiting house for no more than twenty-four (24) hours. In case a representative of an agency, organization, or other individual requests to meet the prisoner, the Warden of the prison, the Warden of the temporary detention camp, or the Head of the Criminal Enforcement Agency of the District-level Police shall consider and resolve the matter. Prisons, temporary detention camps, and the Criminal Enforcement Agency of the District-level Police shall arrange a place for the prisoner to meet his relatives, representatives of agencies, organizations, or other individuals, and shall carry out the proper visiting procedures as prescribed by law.

When meeting relatives, prisoners are allowed to receive gifts and letters. Letters and gifts from prisoners must be carefully checked by the officer in charge of organizing visits before being brought to the prison. Prisoners are allowed to send 02 letters per month; in cases where it is deemed necessary, such as when the prisoner is seriously ill or must exercise his/her rights and obligations as prescribed by law, he/she may send telegrams. Prison wardens, detention camp wardens, and heads of criminal enforcement agencies of the district-level police must check and censor letters and telegrams sent and received by prisoners.

In addition to receiving letters and gifts when meeting relatives, each month prisoners are allowed to receive gifts sent by post from relatives two (02) times, each time not exceeding 0.5 kg (if sent once (01) time, not exceeding 10 kg). Prisoners who comply with the regulations of the prison, temporary detention camp, temporary detention house; have achievements in work, study or meritorious deeds are allowed to receive one (01) additional gift not exceeding 0.5 kg. Prison wardens, temporary detention camp wardens, and heads of criminal enforcement agencies of district-level police must organize the inspection of letters and gifts sent by post to prisoners and handle them according to the provisions of law .

Prisoners are strictly prohibited from receiving or using goods and objects on the list of prohibited items brought into prisons, temporary detention camps, and temporary detention houses according to the provisions of law. Prison wardens, temporary detention camp wardens, and heads of criminal enforcement agencies of district-level police are responsible for instructing prisoners to inform their relatives of the goods, objects, and cultural products that prisoners are not allowed to receive and to know the exact address of the place where the prisoner is serving his/her prison sentence (team, group, sub-camp) so that relatives can send letters and gifts to the correct address. Based on specific conditions, prisons, temporary detention camps, and criminal enforcement agencies of district-level police organize canteen activities to sell food, provisions, and essential goods to prisoners.

When meeting relatives, prisoners receive cash. In addition, twice a month, prisoners receive cash sent by relatives. Prisons, detention camps, and District Police Criminal Enforcement Agencies are responsible for receiving, managing, and instructing on its use according to the provisions of law.

During the time of serving the prison sentence, prisoners are not allowed to use valuable papers, foreign currencies and directly use cash. Prisoners with cash are allowed to use it to buy food, food and goods for living, sending telegrams, making telephone calls by deposit and signing books managed by the prison, temporary detention camp, and temporary detention house. Bonuses, compensations

Overtime allowances and increased labor productivity are transferred to the depository for prisoners to use to buy goods at the canteen, send telegrams, contact relatives by phone, send them to relatives or receive them back after completing their prison sentences. When prisoners have cash or items deposited in the depository when transferred to another prison, temporary detention camp or temporary detention house, the responsible officer must transfer this amount of money and items to the place receiving the prisoner. In case of death of a prisoner, the remaining unused depository money, deposited items and other personal assets must be clearly recorded in the death record to be handed over to their relatives or proposed for settlement according to the provisions of law.

For foreign prisoners:

Relatives of foreign prisoners must submit an application to the criminal judgment enforcement agency. The application must be written in Vietnamese and certified by the diplomatic or consular representative agency of the country of which the person is a citizen or the representative agency of the international organization in Vietnam where the person works. In case the relative of the prisoner is Vietnamese, the application must be certified by the People's Committee of the commune where the person resides. Cases of consular visits and contacts with foreign prisoners shall be implemented in accordance with international treaties to which Vietnam is a member.

1.3.4.2. Contact regime with relatives of prisoners

According to Article 47 of the Law on Criminal Enforcement, the communication regime for prisoners is stipulated as follows: Prisoners are allowed to send two letters per month; in urgent cases, they are allowed to send telegrams. Prison wardens, detention camp wardens, and heads of criminal enforcement agencies of district-level police must check and censor letters and telegrams sent and received by prisoners.

Prisoners are allowed to make domestic phone calls to their relatives once a month, each time for no more than 5 minutes. Prisoners who are minors are allowed to make phone calls to their relatives no more than 4 times a month, each time for no more than 5 minutes.

over 10 minutes. Prisoners who comply with prison regulations well and have achievements in studying and working, the prison warden, the detention camp warden, the head of the criminal enforcement agency of the district-level police shall decide to increase the telephone contact time with relatives by one time per month. When contacting relatives, prisoners must speak in Vietnamese. If they are ethnic minorities or foreigners who do not know Vietnamese, there must be someone who knows the foreign language or the language of that ethnic group to supervise. In special cases, when prisoners request to talk to relatives to resolve urgent issues related to their legitimate rights and interests, the prison warden, the detention camp warden, the head of the criminal enforcement agency of the district-level police shall decide to increase the telephone contact time with relatives. The cost of communication for prisoners shall be paid by the prisoners.

1.3.5. Other regimes for prisoners

1.3.5.1. Regime for female prisoners who are pregnant or have children under 36 months old

According to the provisions of Article 45 of the Law on Enforcement of Criminal Judgments and Clause 6, Article 8 of Decree No. 117/2011/ND-CP, the regime for female prisoners who are pregnant or raising children under 36 months old is applied as follows:

Pregnant female prisoners, if not temporarily suspended from serving their prison sentences, shall be provided with suitable accommodation, regular or unscheduled pregnancy check-ups, and medical care when necessary; shall have their working hours reduced; and shall enjoy a healthy diet. Pregnant female prisoners shall be entitled to leave work before and after giving birth in accordance with the provisions of the Labor Code. During pregnancy, maternity leave, or raising a child under 36 months of age, they shall be guaranteed food standards and rations as prescribed by a physician or doctor, and shall be provided with an increased meat and fish ration of 20% to 30% compared to the food ration for prisoners prescribed in Clause 1, Article 8 of Decree No. 117/2011/ND-CP, and shall be provided with necessary items for caring for newborns. Prisoners

Female prisoners giving birth in prison are provided with 7 meters of regular cloth to make diapers. Female prisoners raising children under 36 months old are given appropriate time to care for and raise their children. Prisons, detention camps, and criminal enforcement agencies of the district-level police are responsible for carrying out procedures to request birth registration for prisoners' children. The People's Committee of the commune where the prisoner is serving his sentence is responsible for registering and issuing birth certificates.

Female prisoners with children aged 36 months or older must send their children to relatives to raise. In cases where the prisoner's child has no relatives to raise, the prison, temporary detention camp under the Ministry of Public Security, temporary detention camp under the Ministry of National Defense, and the criminal enforcement agency of the provincial police must request the Department of Labor, War Invalids and Social Affairs where the prisoner is serving her sentence to designate a social protection facility to receive and raise her. A person who has completed her prison sentence may receive back her child who is being raised by a social protection facility. The prison must organize a nursery outside the detention area to care for and raise children of prisoners under 36 months of age and children of prisoners aged 36 months or older while waiting for procedures to be completed for admission to a social protection facility.

1.3.5.2. Regime for juvenile prisoners

The regime for juvenile prisoners is stipulated in Section 3, Chapter III of the Law on the Execution of Criminal Judgments and Article 14 of Decree No. 117/2011/ND-CP. Accordingly, the execution of sentences for juveniles is mainly aimed at educating and helping them correct their mistakes, develop healthily and become useful people for society. The State ensures standards and quantities of food, clothing, daily necessities, educational management regime, cultural activities, arts, entertainment for juvenile prisoners at a higher level than for adult prisoners. The minimum sleeping space for juvenile prisoners is 03 m², with a floorboard or bed. Juvenile prisoners must undertake compulsory primary and secondary education.

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