Perfecting and Effectively Implementing the Legal System on the Execution of Prison Sentences

Chapter 3

SOLUTIONS TO IMPROVE THE EFFICIENCY OF IMPLEMENTING PRISON SENTENCES IN VIETNAM IN THE COMING TIME

In the coming time, the world and regional situation will continue to develop in a complicated manner, with many potential factors causing instability, uncertainty and unpredictability; the international community must deal more and more resolutely with traditional and non-traditional security issues, especially cyber security and new forms of war; domestically, hostile forces continue to vigorously promote anti- and sabotage activities with many sophisticated and cunning methods and tricks; propagate and incite the implementation of "peaceful evolution", build a "civil society" in the Western style to change the political regime in our country; although the crime and law violations situation has been restrained, they are still complicated; organized crime, transnational crime, crimes involving foreign elements, high-tech crimes, drug crimes, environmental crimes, and crimes due to social causes continue to increase with sophisticated and cunning methods and tricks; Meanwhile, the awareness of law enforcement of a number of individuals and organizations is still limited. In the field of prison sentence execution, hostile forces continue to distort the criminal policies and guidelines of our Party and State towards criminals and those serving sentences, slandering Vietnam for not respecting "democracy", "human rights", and introducing policies on "prisoners of conscience", "political prisoners", "religious prisoners". The number of prisoners serving sentences in prisons will not decrease; the nature and characteristics of prisoners, the number of prisoners addicted to drugs, suffering from social diseases, seriously ill or infected with HIV/AIDS are still complicated... That reality poses extremely heavy and complicated tasks for the implementation of the prison sentence execution regime, especially in the context of the economic and social conditions of our country that have been and are having many positive changes, creating favorable conditions for the execution of prison sentences to be carried out in a more humane direction, ensuring

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better the rights and legitimate interests of the person serving the sentence in accordance with the spirit of the 2013 Constitution. From the above context, to improve the effectiveness of the prison sentence enforcement regime in the coming time, we would like to propose some specific solutions as follows:

3.1. Perfecting and effectively implementing the legal system on the enforcement of prison sentences

- Prisons, criminal enforcement agencies, and criminal enforcement management agencies under the Ministry of Public Security need to actively and proactively advise the Party, State, National Assembly and Government to review, amend, supplement and perfect legal documents on the prison sentence enforcement regime to comply with newly promulgated legal provisions and the requirements of the new period, creating favorable conditions for the implementation of this regime in practice.

In the immediate future, along with the development of detailed regulations and guidelines for the implementation of the Law on the Enforcement of Criminal Judgments, including regulations on the enforcement of prison sentences (as of December 2016, the Ministry of Public Security has presided over and coordinated with relevant ministries and branches to develop over 30 documents, of which 12 Decrees, 12 Joint Circulars, and 20 Circulars of the Minister of Public Security have been submitted to the Government for consideration and promulgation. Compared with the Plan for the implementation of the Law on the Enforcement of Criminal Judgments issued together with Decision No. 15/QD-TTg dated January 5, 2011 of the Prime Minister, there are still 7 Joint Circulars and 12 Circulars of the Minister of Public Security such as the Joint Circulars of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Health guiding the management, care, treatment, and counseling of detainees, prisoners, inmates, and students infected with HIV/AIDS in detention centers and prisons). detention camps, prisons, reformatories; Joint Circular of the Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Ministry of Health, Ministry of Labor, War Invalids and Social Affairs guiding the regime of organizing the prevention of occupational accidents and diseases for prisoners; Circular of the Minister of Public Security regulating the construction and use of special agents in prisons

of the Criminal Enforcement and Judicial Support Police Force; Circular of the Minister of Public Security guiding on emulation classification of prisoners; Circular of the Minister of Public Security guiding on visiting relatives and receiving money and gifts from prisoners; Circular of the Minister of Public Security guiding on the dossier regime for people serving prison sentences, etc.), it is necessary to urgently complete the implementation of the Project on conditional early release from prison that has been approved by the Government; proactively develop legal documents guiding the implementation of laws related to the execution of prison sentences according to the provisions of the 2015 Penal Code (currently being amended and supplemented) and the 2015 Criminal Procedure Code so that when these Codes come into effect, they can be implemented immediately. At the same time, proactively coordinate with ministries, branches and localities to summarize 5 years of implementing the Law on Enforcement of Criminal Judgments, report to the Government to propose the National Assembly to amend and supplement the Law on Enforcement of Criminal Judgments to concretize the 2013 Constitution and ensure the implementation of new laws promulgated by the National Assembly, while overcoming shortcomings, inadequacies and obstacles in the practice of executing prison sentences in the past time.

At the same time, in order to resolve difficulties, obstacles and problems in implementing the provisions of the 2010 Law on Enforcement of Criminal Judgments and ensure the implementation of new policy contents in the 2015 Penal Code and Criminal Procedure Code, contributing to improving the effectiveness of criminal judgment enforcement in general, especially effectively implementing the current prison sentence enforcement regime in Vietnam, meeting the requirements of judicial reform and building a socialist rule-of-law state of Vietnam, it is necessary to amend and perfect the provisions of the Law on Enforcement of Criminal Judgments, focusing on the following main contents:

Amending and supplementing regulations on implementing supervision and education measures for people under 18 years old who commit crimes

Improving criminal policies for people under 18 years old is one of the notable amendments and supplements to the 2015 Penal Code. Therefore, to ensure practical implementation, the Law on Criminal Judgment Enforcement needs to supplement specific provisions on the order, procedures, tasks and powers of competent authorities in implementing the above mentioned measures, supervision and education, as well as the rights and obligations of those to whom supervision and education measures are applied and the responsibilities of relevant agencies and organizations.

Supplementing regulations on implementing conditional early release measures

Conditional early release from prison is a completely new legal institution stipulated in the 2015 Penal Code. Accordingly, to implement the provisions on early release from prison, the Law on the Execution of Criminal Judgments needs to supplement specific provisions on the order and procedures for applying and canceling the measure of conditional early release from prison; the tasks and powers of competent authorities in managing, supervising and educating people released from prison on conditional terms during the probation period; the rights and obligations of people released from prison on conditional terms during the probation period; the activities of the People's Procuracy to inspect compliance with the law as well as the responsibilities of relevant agencies and organizations in implementing the measure of conditional early release from prison; specify and explain the conditions stipulated in Article 66 of the Penal Code such as "first-time offender", "making much progress, having good reform consciousness", "having a clear place of residence"; Procedures for shortening the probation period for people conditionally released from prison early; regulations on granting Certificates of completion of prison sentences for people conditionally released from prison early; on the right to protest, petition, complain, and denounce; and the procedures, authority, and time limit for handling protests, petitions, complaints, and denunciations by competent agencies and individuals, etc.

Amendment and supplement of regulations on the implementation of non-custodial reform penalties

The 2015 Penal Code has added a number of obligations for those subject to non-custodial reform, such as performing certain community service tasks during the non-custodial reform period... Therefore, to ensure practical implementation, the Law on Enforcement of Criminal Judgments needs to specify the order and procedures for executing this penalty related to performing certain community service tasks during the non-custodial reform period; supplementing regulations on what community service tasks are for convicted persons and the responsibilities of agencies, organizations and individuals in organizing for convicted persons to perform community service tasks, etc.

Amend and supplement regulations on management and detention regimes to suit the nature and level of danger of each type of crime (strict detention and less strict detention); supplement regulations on management of prohibited items brought into prisons, regulations on education, career guidance and vocational training for prisoners; specify sanctions for violations of obligations to serve criminal sentences in communes, wards and towns; supplement and clearly define deprived civil rights, restricted rights and rights protected by law, especially the legitimate rights and interests in civil, economic, marital matters... for prisoners, people sentenced to death, and convicts, etc. to overcome difficulties, obstacles and problems in the execution of criminal sentences.

- For prisons, it is necessary to continue to innovate and improve the quality and effectiveness of management, detention, education and rehabilitation of prisoners; to immediately rectify and overcome shortcomings and defects in the implementation of regulations on regimes and policies for prisoners, ensuring that prisoners enjoy full rights that are not deprived by law, and helping prisoners to comply well with the provisions of the law on the obligations of those serving sentences.

Closely inspect and monitor the organization of visits to relatives, receiving and sending letters, receiving money and gifts, and making phone calls to family.

Continuing to synchronously and effectively implement professional measures of the Public Security sector, in which the use of armed measures to guard, escort, patrol, control, classify and detain prisoners by type is fundamental to strictly manage prisoners, prevent sabotage, riots, riots, disturbances, explosions, and prisoner rescue, minimize cases of prisoners committing new crimes, escaping from detention, committing suicide, accidents and not allowing prisoners to escape; regularly inspect, search, and prevent the illegal introduction of drugs, telephones, information and communication equipment, tools, weapons, and prohibited objects into prisons; absolutely protect the safety of prisons in all situations, and prevent sudden and unexpected incidents.

Research and innovate programs, contents, methods and forms of prisoner education in a creative and flexible manner, suitable to the characteristics and situation of the prison and the level and awareness of prisoners; educational knowledge must be in-depth, hitting the psychology and weaknesses of prisoners to arouse beliefs and good qualities in the personality of prisoners (such as legal education, life skills education, education of some standards, ethical values, lifestyles, etc.). The way of organizing education also needs to be dynamic and suitable, such as educating prisoners through production labor, career guidance, and vocational training; through communication and cultural behavior between prison officers and soldiers with prisoners... In addition, it is necessary to take into account the goals, requirements, and forms of education according to groups of prisoners (prisoners who commit crimes against national security, prisoners who commit drug crimes or have a history of drug use, prisoners who are minors, female prisoners, and foreign prisoners), as well as general and individual education activities, focusing on prisoners who are not confident in reform, have many criminal records,

regularly violate prison regulations or have plots to sabotage, escape, or commit new crimes during their sentence to help individual prisoners strive to improve, reduce negative aspects of their lifestyle, and limit violations. Regarding labor and vocational training for prisoners, it is also necessary to innovate in a practical and effective way to reform prisoners into useful people for society and prevent recidivism. Effectively implement the policy of gradually socializing education and reform work; research and propose to competent authorities to issue specific policies to encourage unions, socio-economic organizations, and communities to coordinate with prisons to participate in education and vocational training for prisoners and participate in community reintegration, focusing on vocational training and transfer of skills to prisoners during their sentence, ensuring that each prisoner, upon release from prison and reintegration into the community, has a certain profession in hand. Re-plan the organization of labor and production in prisons in accordance with the economic development plan of the locality where the prison is located, apply scientific and technical advances to the organization of labor in agricultural production, animal husbandry, and cultivation; strongly shift towards the development of handicrafts, industry, and factory labor to facilitate management and detention work and create opportunities for prisoners to learn a trade. Effectively use the land and labor potential of prisoners, combat waste, properly implement the labor regime and use the results of prisoners' labor and production according to regulations.

Continue to effectively organize legal and cultural education activities, regularly organize supplementary educational activities, organize emulation movements to serve prison sentences, organize club activities, establish art and sports teams, organize legal knowledge competitions, cultural and artistic exchanges between groups and teams of prisoners in the camp and between the camps with the community.

... contribute to meeting the needs of improving the spiritual and cultural life, information and education for prisoners.

Regarding the medical care regime for prisoners, practice shows that it is relatively suitable. However, to reduce the burden on the state budget for paying for medical examination and treatment for prisoners, prisons need to study and propose to competent authorities to supplement regulations to encourage relatives of prisoners to buy health insurance cards for prisoners to use in cases where prisoners are seriously ill and beyond the treatment capacity of medical facilities (infirmaries, clinics) of the prison and must be transferred to civilian or military hospitals for care and treatment.

Regarding funding, facilities, equipment, and means for the management, detention, education, and rehabilitation of prisoners, although investment has been focused, they are still lacking and do not meet the requirements for organizing the implementation of prison sentence enforcement regimes, especially in prisons and disciplinary cells. Currently, the average floor area is only over 1.5m2/prisoner. To ensure proper policies and regimes for prisoners, the Government and the Ministry of Public Security need to increase funding, ensure material conditions; focus on investing in effectively implementing projects to upgrade, renovate, and build new detention facilities; medical examination and treatment facilities in prisons, partially overcome the overcrowding situation, improve detention conditions for prisoners, and implement policies and regimes for prisoners in accordance with the provisions of law.

Along with the above activities, prisons, criminal enforcement agencies, and criminal enforcement management agencies under the Ministry of Public Security need to strengthen inspection and examination of compliance with legal provisions on the regime of execution of prison sentences, promptly correct violations, strictly handle violations of the law, and commend and reward establishments, organizations, and individuals with outstanding achievements. Regularly summarize and summarize practices and increase

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