Inmates or prisoners are those who commit crimes according to the provisions of the criminal law, are serving a term of imprisonment or life imprisonment under the judgment of a competent agency, which is the People’s Court at all levels, to issue decisions. In the course of serving sentences, prisoners will be deprived of some of their citizens’ rights but still be able to contact their relatives. So about the matter “Can prisoners use cell phones in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Law on Criminal Judgment Execution 2019
- Circular 182/2019/TT-BCA
- Circular 10/2020/TT-BCA
- Circular 14/2020/TT-BCA
Can prisoners use cell phones in Vietnam?
Pursuant to Article 12 of Circular 14/2020/TT-BCA stipulating that prisoners contact their relatives by phone as follows:
“1. Prison facilities shall coordinate with local postal and telecommunications agencies to install wired or wireless landline telephones and organize inmates to make phone calls to their relatives. Calling charges are calculated according to the prices of the postal and telecommunications agencies and are paid by the inmate from the depository fee in the form of book signing or other support sources, but must be approved by the Head of the detention facility. prisoner.
2. Inmates are allowed to make phone calls in the country with their relatives according to the provisions of Clause 2, Article 54 of the Law on Criminal Judgment Execution 2019. An inmate is a person under 18 years of age as prescribed in Clause 2, Article 76 of the Law on Judgment Execution. Criminal penalties 2019. Inmates who are rewarded in the form of “increasing the number of times they are contacted by phone” specified at Point c, Clause 1, Article 41 of the 2019 Law on Criminal Judgment Execution, may contact their relatives by phone. call 1 more time a month and not more than 10 minutes. In urgent cases, based on the content of the inmate’s written request, the warden in charge of the team is responsible for proposing the head of the inmate detention facility to consider and handle the inmate who is contacted by phone with his or her relatives. but no more than 10 minutes.
3. When communicating by phone with relatives, inmates must contact the correct phone numbers and contents registered in the inmate monitoring book to contact their relatives by phone; must use the Vietnamese language, except for inmates who are ethnic minorities or inmates who are foreigners who do not know Vietnamese.
4. Inmates who regularly violate the rules of inmates’ detention facilities that are arranged for separate detention or are being disciplined, depending on the nature and seriousness of their violations, the head of the inmate detention facility may limit contact by phone with relatives but not more than 03 months. Inmate detention facilities are responsible for notifying the restriction of telephone contact to inmates and inmates’ relatives for implementation.
5. Inmates who are being investigated, prosecuted or tried for other crimes are not allowed to contact their relatives by phone. Inmate detention facilities are responsible for notifying inmates that they are not allowed to contact their relatives by phone to inmates and inmates’ relatives for implementation.
6. Heads of inmates’ detention facilities shall arrange places for inmates to make phone calls and appoint officers to closely monitor the contents of inmates’ discussions with their relatives when making phone calls. If it is found that the content of the exchange is not in accordance with the registration, the call must be stopped, in case it is deemed necessary to make a record and propose disciplinary action.
7. Supervisors must have books to monitor and update information on the organization for prisoners to contact their relatives by phone.”
In addition, in Clause 2, Article 13 of Circular 182/2019/TT-BCA, it also stipulates that in case the inmate’s family and relatives encounter natural disasters or enemy sabotage; having a relative who has died, died, or is seriously ill; Inmates who do not have drugs guaranteed by their relatives to use according to prescriptions of health authorities or in other special cases, the heads of detention facilities shall decide to allow inmates to call their relatives but not exceed the time limit for 01 contact as prescribed.
So. According to the above provisions, inmates are allowed to use them in prisons. However, only wired or cordless landline phones are allowed by the prison facility in cooperation with the local postal and telecommunications authority.
How long are prisoners allowed to use cell phones?
According to the provisions of Clause 2, Article 54 of the Law on Criminal Judgment Execution 2019, the contact time of an inmate with his or her relatives is prescribed as follows:
“2. Inmates are allowed to make phone calls in the country with their relatives once a month, for no more than 10 minutes each time, except in urgent cases. Superintendents of prisons, superintendents of detention camps and heads of criminal judgment execution agencies of district-level police offices shall consider and decide to allow inmates to contact by phone and organize to control this communication.
In addition, if the inmate is under 18 years old, he or she will be entitled to contact time by phone according to Clause 2, Article 76 of the Law on Criminal Judgment Execution 2019 as follows:
“2. Inmates who are under 18 years old may contact their relatives by domestic phone no more than 04 times in 01 month, each time for no more than 10 minutes, under the supervision of prison officials and at their own expense.
Accordingly, prisoners are allowed to use the phone for no more than 10 minutes per call. In addition, if an inmate well abides by the rules of the detention facility, has achievements in work and study, the head of the detention facility shall decide to increase it once a month for no more than 10 minutes.
Can prisoners bring their cell phones into prison?
According to Clause 9 Article 3 of Circular 10/2020/TT-BCA stipulating prohibited items from being brought into inmate detention facilities and the seizure and handling of prohibited objects, inmates are prohibited from bringing into prison any type of equipment. personal communications, recording and video recording media.
Accordingly, prisoners will not be allowed to bring phones into prison (in prison).
In case the competent person detects that an inmate is bringing a cell phone into the prison without permission, according to Article 4 of Circular 10/2020/TT-BCA:
– When detecting that an inmate, individual or organization has committed the act of bringing in, storing or using prohibited objects in the detention facility, the responsible officer shall make a record of the violation and temporarily seize the prohibited object. record the testimony of the violator and the witness. The seizure record must accurately describe the actual quantity, weight, type, shape, size, color and other characteristics of the prohibited object, and at the same time, seal the prohibited object (for objects) need to be sealed).
– The confiscated prohibited items must be preserved intact, with delivery and receipt records and full records, not to be lost or damaged.
– Detention facilities are responsible for arranging storage warehouses and officials to manage prohibited objects according to regulations. Mode of meeting and contacting by phone with relatives for persons under 18 years of age.
According to the provisions of Clauses 1 and 2, Article 76 of the 2019 Law on Criminal Judgment Execution:
– Inmates who are under 18 years old may see their relatives no more than 03 times in 01 month, each meeting must not exceed 03 hours. Based on the results of the classification of serving sentences, the requirements of re-education, and the inmate’s work and study achievements, the prison superintendent shall decide to extend the meeting time but not exceeding 24 hours.
• Inmates who are under 18 years of age who are rewarded may meet their relatives one more time in 01 month.
– Inmates who are under 18 years old may contact their relatives by domestic phone no more than 04 times in 01 month, each time for no more than 10 minutes, under the supervision of prison officials and at their own expense.
In addition, in Clause 2, Article 13 of Circular 182/2019/TT-BCA further stipulates:
“…Inmates who well abide by the rules of detention facilities, have achievements in work and study, the head of the detention facility shall decide to increase it once a month for no more than 10 minutes.
In case the inmate’s family encounters natural disasters or enemy sabotage; having a relative who has died, or is seriously ill; Inmates who do not have drugs guaranteed by their relatives to use according to prescriptions of health authorities or in other special cases, the heads of detention facilities shall decide to allow inmates to call their relatives but not exceed the time limit for 1 contact as prescribed”.
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Please see more
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- Crime of human trafficking under Vietnam law
- Regulations on prison transfer under Vietnam law
Frequently asked questions
Inmates who are being held in a disciplinary room, prosecuted, investigated, prosecuted or tried for other crimes are not allowed to contact their relatives by phone. (Clause 4, Article 13 of Circular 182/2019/TT-BCA)
Prisoners are not allowed to use cell phones in the following cases:
Cell phones are prohibited items
The content of the call, the phone number is not correct with the registration.
Inmates who are being held in a disciplinary room, prosecuted, investigated, prosecuted or tried for other crimes are not allowed to contact their relatives by phone.
Calling more than the specified number of times in a month or exceeding the prescribed call duration.
According to Clause 1, Article 4 of Circular 10/2020/TT-BCA stipulates as follows:
“1. When detecting that an inmate, individual or organization commits acts of bringing in, storing or using prohibited objects in the detention facility, the responsible officer must make a record of the violation and temporarily seize the objects. Forbidden, record the testimonies of violators and witnesses.The seizure record must accurately describe the actual quantity, weight, type, shape, size, color and other characteristics of the prohibited object. at the same time, seal”
In case the act of bringing in, storing or using prohibited objects in the prison shows signs of crime, the prison superintendent shall issue a decision to prosecute the case, conduct initial investigation activities, and then transfer the competent investigative agency to handle according to the provisions of law. For acts of bringing in, storing or using prohibited objects in detention camps or custody houses with criminal signs, the superintendents of the detention camps or detention houses shall make a written request and immediately transfer the violation dossiers. crime and exhibits to competent investigating agencies for handling in accordance with law. (Clause 1, Article 5 of Circular 10/2020/TT-BCA)
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