Ensuring rights for prisoners in Vietnam

Báo Quốc TếBáo Quốc Tế18/09/2023

Prisons in Vietnam fully implement policies and regimes for prisoners in accordance with the law. Prisoner education measures always promote humanity and respect for the law.
Bảo đảm quyền cho phạm nhân ở Việt Nam
Leaders of Thai Nguyen Provincial Police presented the Decision to reduce the prison sentence for the prisoner. (Source: cand)

The policy on management, detention, and education and rehabilitation of prisoners has always been of interest to the Party and Government of Vietnam and is specified by the criminal law of the Socialist Republic of Vietnam. The Law on Enforcement of Criminal Judgments specifically stipulates the principles, procedures, organization, tasks, and powers of competent authorities in the enforcement of judgments; judgments and decisions on prison sentences. The Law on Enforcement of Criminal Judgments 2019 has devoted a chapter (Chapter III with 55 articles from Article 22 to Article 76) on the regime of execution of prison sentences, including the regime of detention, education of prisoners, regime of food, clothing, accommodation, daily life, medical care for prisoners and regulations on juvenile prisoners.

Lieutenant Colonel Phung Van Hue, Head of the Department of Special Topics and Scientific Research, Department of Police Management of Prisons, Compulsory Education Facilities, and Reformatory Schools under the Ministry of Public Security, assessed that the prisons fully implemented the regimes and policies for prisoners in accordance with the provisions of the law. Prisoner education measures always promote humanity and the rule of law. In particular, the labor regime, the regime of meeting relatives, receiving and sending letters, receiving objects and making phone calls with relatives are also strictly implemented in accordance with the provisions of the law.

Promote humanity

Regarding the diet, clothing, accommodation, and medical treatment of prisoners, prisoners are guaranteed quantitative standards for rice, vegetables, meat, fish, sugar, salt, fish sauce, and MSG to ensure their health during detention, labor, and study at the place of execution of their sentence. Prisoners are housed in collective cells. Every year, prisoners are provided with clothes, blankets, mosquito nets, and essential living items that are suitable for the weather and geography of each locality. Prisoners participating in labor are provided with protective clothing and necessary labor protection equipment.

Regarding the medical care regime, during the execution of the prison sentence, prisoners are given regular medical examinations. In case of serious illness or injury beyond the treatment capacity, the Head of the detention facility shall decide to transfer the prisoner to a higher-level medical examination and treatment facility at the district or provincial level for treatment. In case of exceeding the treatment capacity of the district or provincial hospital, according to the instructions of the Head of that medical examination and treatment facility, the Head of the detention facility shall report to the Criminal Judgment Execution Management Agency for consideration and decision on further treatment, and must notify the relatives or representatives of that prisoner for coordination, care and treatment.

In the first 6 months of 2023, prisons under the Ministry of Public Security examined and provided regular medicine to more than 3,200,000 prisoners; treated more than 43,300 prisoners at the infirmary; examined and treated 1,900 prisoners, inmates, and students at the hospital. Organized disinfection spraying to prevent and combat epidemics, ensuring a green, clean, and beautiful environment, and preventing and combating seasonal epidemics.

Regarding the labor regime, prisoners are organized to work in accordance with their age, health and to meet the requirements of management, education and community integration; they are off work on Saturdays, Sundays, holidays and Tet according to the provisions of law. Foreign prisoners are entitled to the same regulations and policies as Vietnamese prisoners, in addition to being given 1 day off for National Day and 1 day off for the traditional Tet holiday of the country of which the prisoner is a citizen.

Regarding the regime of meeting relatives, receiving and sending letters, receiving objects and making telephone calls with relatives, prisoners are allowed to meet relatives once a month, each meeting not exceeding 1 hour. Prisoners are allowed to receive letters and objects when meeting relatives or sent by relatives if the objects are not on the list of prohibited objects. During the execution of the prison sentence, if there is no appeal or protest according to the procedure of final judgment or retrial or if there is no investigation, prosecution or trial of other crimes or no violation of internal regulations, prisoners are allowed to make domestic telephone calls with relatives once a month, each time not exceeding 10 minutes, except in urgent cases.

Encourage and educate prisoners to compete in progressive reform.

In order to encourage convicts serving prison sentences to repent, actively study, and work to reform in order to enjoy the State's clemency and become useful to society, depending on each case, prisoners may be considered for special amnesty, conditional early release, reduced prison sentence or temporary suspension of prison sentence.

Bảo đảm quyền cho phạm nhân ở Việt Nam
Police officers instruct prisoners in tailoring. (Source: baocongan)

According to the provisions of the Amnesty Law, prisoners serving prison sentences in detention facilities, including prisoners of foreign nationality who meet the conditions specified in Article 11 of the Amnesty Law and the guidance of the Amnesty Advisory Council, are allowed to prepare a dossier to propose amnesty and submit it to the President for decision. In addition, conditional early release from prison is regulated for the first time in the Vietnamese legal system, which is a change in the form of serving a prison sentence from serving a prison sentence in detention facilities to serving a prison sentence in the community and is applied to prisoners who have made progress in reformation according to specific legal regulations. The policy of reducing the term of imprisonment for prisoners is carried out publicly, democratically, transparently, and has the effect of motivating and educating prisoners to compete in progressive reformation.

The work of considering reducing the term of serving prison sentences, conditional early release from prison, and temporarily suspending the execution of prison sentences for prisoners is carried out seriously in accordance with the provisions of law. In the first 6 months of 2023 alone, the Criminal Judgment Execution Management Agency of the Ministry of Public Security has conducted 2 rounds of consideration and proposal to reduce the term of serving prison sentences for prisoners.

Prisons and detention camps under the Ministry of Public Security have prepared documents requesting and receiving decisions from competent People's Courts to conditionally release more than 720 prisoners early, reduce prison terms for more than 64,000 prisoners, and temporarily suspend prison sentences for more than 70 prisoners.

“Every month and quarter, most prisoners are classified as good and enjoy humane and lenient policies of the Party and State of Vietnam such as: reduction of prison sentence, conditional early release or amnesty, reintegration into the community and society to do honest work,” said Lieutenant Colonel Phung Van Hue.



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